Certified Mail # Return Receipt Requested. November 20, 2018

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1 Certified Mail # Return Receipt Requested November 20, 2018 The Honorable Jim Hudson Ashley County 205 E. Jefferson, Suite 14 Hamburg, AR RE: Quarterly Inspection conducted on November 13, 2018 AFIN Permit Number 0230-S1-R1 Dear Judge Hudson: The Arkansas Department of Environmental Quality Office of Land Resources (ADEQ) conducted a routine inspection of your facility pursuant to the Arkansas Solid Waste Management Act (Arkansas Code, Annotated, et seq.), of 1971, as amended, the Arkansas Pollution Control & Ecology Commission Regulation 22 (Solid Waste Management), and the above-referenced permit. The inspection identified conditions at your facility which the ADEQ alleges constitute violations of APC&EC Regulation No. 22. A copy of the inspection report is attached. A copy of the inspection report has been referred to the Office of Land Resources Enforcement Section. ADEQ will pursue formal enforcement for the alleged violations observed during the above referenced inspection. If you have any questions regarding the enforcement process, please contact Scott McDonald at (501) Sincerely, Gerry Eddy Solid Office of Land Resources cc: Charles M. Johnson, Senior Manager, Regulated Waste Operations, Office of Land Resources Scott McDonald, Enforcement Branch Manager, Office of Land Resources ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 NORTHSHORE DRIVE / NORTH LITTLE ROCK / ARKANSAS TELEPHONE / FAX /

2 Arkansas Department of Environmental Quality Office of Land Resources - Solid Waste Management Class 1 Landfill Inspection Site Name Ashley County Class 1 Landfill County Ashley AFIN Facility Address County Rd. 438 West, Hamburg, AR Phone Number Permit Number 0230-S1-R1 Permittee Address 205 E Jefferson, Suite 14 Hamburg, AR Address PDS # Date 11/13/2018 Entry Time 1010 Exit Time 1130 Regulation 22 Operational Standards Category 1 411(l) Adequate employee facilities 421(a)(b) Record keeping meets requirements specified by regulations 417 Access requirements 411(j) 421(d) 411(k) 423(b) Adequate provisions for backup equipment Waste receipt records, ticket system maintained Telephone system & written emergency response plan on site Annual compliance inspection by registered professional engineer 422 Facility implements operating plan and narrative 421(f) 421(g),701 Leachate disposal/recirculation records Special waste disposal and procedures records Category 2 411(a) Operations in accordance with permit documents 417(c) Adequate all weather operational roads X 411(c) Smallest practical area, unloading supervised, single working face See Category 2 Comment Page. 411(e) Salvage operations meet approved conditions 411(f)(1) 411(p) 411(b) 411(d) 411(g) 414(a) Scavenging of waste prohibited Proper wet weather repairs Operations by licensed on-site personnel at all times Waste spread and compacted as unloaded Litter control provisions maintained Disease vectors controlled

3 Category 2 (continued) 427 Surface Water Controls 411(h)(1) 418(a)(b) 411(h)(2) 411(i);427(f) Contouring prevents surface water flowing into or through waste Run-on/off control system present and adequate Surface water control prevents off-site sediment accumulation Adequate maintenance of intermediate/final cover vegetation 415 Gas monitoring program 411(o) Leachate leaks or evidence of leachate seepage 426 Survey controls X 429 Leachate collection system See Category 2 Comment Page. 420 Liquid Restrictions Category Implementation of hazardous/unauthorized waste exclusion plan 413(a)(b) 413(c) 416(b),411(f)(4) Satisfactory daily/alternative cover Satisfactory intermediate cover Open burning prohibited 419 Cause discharge/leachate discharge leaving landfill 411(f)(3),419(a)(4) 411(o) 309(c) Depositing waste in standing water prohibited Erosion or other cover defects resulting in exposed refuse Overfill/Off lined area Regulation 22 - Records 421(a)(8), 1203(k) Date of last groundwater monitoring report 5/29/2018 Site Conditions Wet 423(b) Date of last engineering report 3/29/2018 Weather Conditions Overcast 428 Liner construction in progress Yes/No No Notice of liner construction Yes/No Third party CQA on-site during construction Yes/No 412(a) Date of last random inspection for unauthorized waste 11/8/2018 Total # for month 13 (October 2018) 415, 421(e) Date of last quarterly methane monitoring 9/29/2018 Detection level GP 5 > (a) Explosive gas records current? Yes/No Yes 421(g),412(a)(2),701 Date of last special waste received Disposal location 421(d) Previous quarter waste received 4, Tons 3 rd Quarter (c) Surface water DMR records current? Yes/No Yes Fayetteville Shale Related Yes/No No Out of Compliance with Fayetteville Shale Yes/No Operator Name & Number Earl L. McCrory Nathan Tanksley Jr Rudy Carrion Signature of Inspector Exit Interview Conducted with Earl L. McCrory Method On-site Date 11/13/2018 Time 1120 Class 1Form 7/1/2012 (Revised and Implemented 10/21/2014) For ADEQ Use Only

4 Arkansas Department of Environmental Quality Solid Waste Management Division Comments Page Site Name Ashley County Class 1 Landfill AFIN Permit Number 0230-S1-R1 Category 2 Comments Reg General Operating Requirements (Smallest practical area, unloading supervised, single working face) (c) Working Face Size - Unloading shall be supervised and dumping shall be confined to the smallest practical area. Multiple working faces will not be allowed unless specifically approved in the facility operating plan. Comment: Observed over-sized working face, which measured approximately 255 feet X 135 feet. (Refer to Photos #1 & #2.) Observed on three of the last four quarterly inspections (including this one): PDS and Reg Leachate Collection System Design And Construction-(Leachate collection system) (a) System Requirements - Leachate collection systems shall be designed and installed to facilitate dewatering of the waste mass and disposal area. The systems shall be designed to limit the maximum leachate head on the bottom liner at any point at any time to 30 cm (12 inches) or less. The system shall also be designed to facilitate maintenance. Comments: The Phase 4 Cell leachate pump level controller display indicated 22.7 inches at the time of inspection. A significant area of leachate continues to accumulate on the west side of Phase 4. (Refer to Photos #5 & #6.) Observed on every quarterly inspection dating back to August 4, 2015: PDS , , , , , 97032, 95550, 93462, 91779, 90768, 89267, 87419, and Date 11/13/2018 Signature of Inspector Page 1 Category 2 Comments Page For ADEQ Use Only

5 Arkansas Department of Environmental Quality (ADEQ) Official Photograph Sheet Photo # 1 Of 4 Date 11/13/2018 Time 1037 View of over-sized working face, facing east. Photo # 2 Of 4 Date 11/13/2018 Time 1042 View of over-sized working face, facing west.

6 Arkansas Department of Environmental Quality (ADEQ) Official Photograph Sheet Photo # 3 Of 4 Date 11/13/2018 Time 1030 Phase 4 Cell leachate pump controller display indicated 22.7 inches. Photo # 4 Of 4 Date 11/13/2018 Time 1027 Leachate continues to accumulate on the west side of Phase 4, facing southeast.