December 03, 2015
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The Arkansas Department of Environmental Quality (“ADEQ”) issued a November 2nd Notice of Violation (“NOV”) to Tim Casper d/b/a Grove Mobile Home Park (“Park”) alleging an unpermitted discharge of wastewater. See LIS No. 15-128.
The NOV states that Park operates a wastewater treatment facility in Marion, Arkansas that is regulated pursuant to the Clean Water Act National Pollution Discharge Elimination System (“NPDES”).
ADEQ is alleged to have conducted a Complaint investigation on May 28, 2015 revealing that the facility:
… was discharging wastewater to an unnamed ditch without having first obtained an NPDES permit from the Department. The act of discharging wastewater to the waters of the State without a written permit issued by the Department violated Ark. Code Ann. § 8-4-217(b)(1)(E) and therefore violated Ark. Code Ann. § 8-4-217(a)(3).
The NOV proposes a civil penalty assessment of $8,000 and orders that Park immediately cease the alleged unpermitted discharge of wastewater until such time as that a permit discharge has been obtained from ADEQ.
The Park responded to the NOV on November 23rd filing a Request for Commission Review and Adjudicatory Hearing (“Request”).
Click here to download a copy of both the NOV and Request.
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