November 20, 2019
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The Arkansas Division of Environmental Quality (“DEQ”) issued an October 10th Default Administrative Order (“DAO”) to Donald Patterson addressing alleged violations of the Petroleum Underground Storage Tank (“UST”) regulations. See LIS 19-027.
The DAO states this individual owns USTs in three different locations which include:
- Melbourne Super Stop Service Station (“Melbourne”) located in Izard County, Arkansas
- Oxford Super Stop (“Oxford”) located in Izard County, Arkansas
- Cushman’s Super Stop (“Cushman’s”) located in Independence County, Arkansas
The DAO states inspections at each of the facilities at which the USTs are located were conducted as follows:
- Melbourne - September 6, 2017
- Oxford – August 9, 2017
- Cushman’s – December 31, 2015
The DAO alleges violations were identified for certain USTs at the three facilities.
The DEQ Director is stated to have issued a Notice of Violation (“NOV”) to the referenced individual on April 4, 2019 and a written response which was required by Arkansas Pollution Control and ecology Commission Regulation No. 8 was not filed. As a result, the DAO alleges the allegations set out in the NOV are deemed proven.
The DAO requires certain corrective actions be taken at each of the three referenced facilities and that a penalty of $10,460 be assessed.
A copy of the DAO can be downloaded here.
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