Tire/Solid Waste Enforcement: Arkansas Department of Environmental Quality and Union County, Arkansas Solid Waste Hauling Company Enter into Consent Administrative Order

The Arkansas Department of Environmental Quality (“ADEQ”) entered into a May 10th Consent Administrative Order (“CAO”) with two Union County, Arkansas companies named:

• Get Rid of It Arkansas, Inc. (“GRI Arkansas”)

• Get Rid of it America Corp. (“GRI America”)

GRI Arkansas is stated to be a solid waste hauling company located in El Dorado, Arkansas.

GRI Arkansas’s hauling business is stated to include transportation of solid waste outside of the State of Arkansas for disposal.

The company is alleged to have:

• Provided a second quarter 2015 Solid Waste Quarterly Report (and associated disposal fees) 18 days late
• Failed to provide the 10 percent late fee of $82.80 required pursuant to Arkansas Pollution Control and Ecology Commission Regulation 11.208(A) for the late payment
• Failed to provide a Disposal Fee Plan by September 10, 2015 as required by Arkansas Pollution Control and Ecology Commission Regulation 11.204(E)(2)

A Notice of Violation (“NOV”) was stated to have been issued by the ADEQ Director to GRI Arkansas addressing the previously referenced alleged violations. The company is stated to have responded to the NOV by paying the 10 percent late fee and requesting a reduction in the penalty. A Disposal Fee Plan was allegedly not submitted.

GRI America is stated to have submitted on June 9, 2016 a:

• Waste Tire Transporter License Application
• ADEQ Disclosure Statement

The Disclosure Statement is stated to have identified Glenn E. Thweatt as the President, Secretary, Vice-President and Treasurer of GRI America.

The CAO states that Mr. Thweatt signed the Disclosure Statement for ADEQ on June 9, 2016 pertaining to GRI America. It further states that:

GRI America did not list its relationship through Mr. Thweatt to GRI Arkansas on its Waste Tire Transporter License Application or on its Disclosure Statement.

GRI America’s Disclosure Statement is therefore alleged not to comply with Ark. Code Ann. § 8-1-106(a)(2)(D).

The CAO further provides that GRI America owns and operates a business that is engaged in the activity of transporting waste tires for the Southeast Arkansas Regional Solid Waste Management Board (“Board”). The Board’s records are stated to have indicated that GRI America performed and was paid for work as a Waste Tire Transporter pursuant to a contract referenced in the CAO.

GRI America is alleged to have not had a Waste Tire Transporter License on July 1, 2013 and to have not held a license since the previously referenced contract became effective. This is stated to be an ongoing violation of Arkansas Pollution Control and Ecology Commission Reg. 14.1103.

GRI America subsequently submitted to ADEQ a Waste Tire Transporter License Application and a Disclosure Statement. The agency is stated to have not provided a Waste Tire Transporter License due in part to deficiencies in GRI America’s Waste Tire Transporter License Application and Disclosure Statement (stated to be previously detailed in the CAO).

The CAO requires that GRI Arkansas and GRI America:

• Within 30 days of the effective date of the CAO, GRI Arkansas is required to submit to ADEQ a Disposal Fee Plan and Narrative
• Within 30 days of the effective date of the CAO, GRI America is required to submit to ADEQ a corrected Waste Tire Hauler Application and Disclosure Statement

A civil penalty of $3,750 is assessed.

A copy of the CAO can be downloaded here.