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Asbestos Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Clark County Demolition Operator Enter into Consent Administrative Order | Mitchell, Williams, Selig, Gates & Woodyard, P L L C

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Hartsell Farms and Excavating, LLC (“Hartsell”) entered into a February 10th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution Control and Ecology Commission (“Commission”) Regulation 21 (Asbestos Regulations). See LIS 21-015. Hartsell is stated to have demolished or caused to be demolished a structure (“Site”) formerly located in Clark County, Arkansas. A structure on the Site is stated to have constituted a facility as defined in Commission Regulation 21, Chapter 4. Further, Hartsell is stated to meet the definition of an owner or operator of a demolition or renovation activity as defined in Commission Regulation 21, Chapter 4.

Solid Waste/Water Enforcement: Arkansas Department of Energy and Environment and Sites Owner Enter into Consent Administrative Order | Mitchell, Williams, Selig, Gates & Woodyard, P L L C

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and A & B Timber, Inc. (“A & B”) entered into a February 1st Consent Administrative Order (“CAO”) addressing alleged violations of certain Arkansas solid waste and water pollution provisions. See LIS No. 21-017. The CAO provides that DEQ investigated complaints alleging that A & B: . . . improperly disposed of solid waste and caused pollution of waters of the state at a site located northwest of the intersection of Calhoun 53 and Calhoun 235, Hampton, Calhoun County, Arkansas ( Site 1 ) and at another site located at 5865 Calhoun 40, Hampton, Calhoun County, Arkansas ( Site 2 ). A & B is stated to own Site 1 which is referenced as containing a disused mining pit. Site 1 is stated to not constitute a permitted Solid Waste Disposal Facility. Further, Site 2 is stated to not constitute a Solid Waste Disposal Facility.

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Ashley County Cotton Gin Enter into Consent Administrative Order | Mitchell, Williams, Selig, Gates & Woodyard, P L L C

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Portland Gin & Warehouse, Inc. (“PGWI”) entered into a March 11th Consent Administrative Order (“CAO”) addressing an alleged violation of Arkansas Pollution Control and Ecology Commission Regulation 18. See LIS No. 21-022. The CAO provides that PGWI owns and operates a cotton gin (“Gin”) located in Ashley County, Arkansas. DEQ is stated to have conducted a compliance inspection of the Gin on October 20, 2020. The inspection is stated to have covered the reporting period of September 2015 through September 2020. Records reviewed during the inspection are stated to have indicated that PGWI operated the facility without a permit from September 2015 through May 22, 2020. This allegedly violates Arkansas Pollution Control and Ecology Commission Regulations 18.301(A) and 18.310(B).

Asbestos Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Hot Springs County Demolition Operator Enter into Consent Administrative Order - March 2021 | Mitchell, Williams, Selig, Gates & Woodyard, P L L C

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and John F. Jenkins Contracting, Inc. (“JFJC”) entered into a January 12th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution Control and Ecology Commission (“Commission”) Regulation 21 (Asbestos Regulations). See LIS No. 21-002. The CAO describes JFJC as an “owner or operator of a demolition or renovation activity” as defined in Commission Regulation 21, Chapter 4. The CAO provides that JFJC demolished or caused to be demolished a structure formerly located in Malvern, Arkansas (“Site”) on August 20, 2019. Further, the structure is described as the concessions building measuring 16 by 20 feet near the restroom area of the Malvern High School’s Bill Hunt Field House.

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