Arkansas Department of Environmental Quality Solid Waste Management Division Complaint/Illegal Dump Investigation Worksheet

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1 Arkansas Department of Environmental Quality Solid Waste Management Division Complaint/Illegal Dump Investigation Worksheet County Pulaski PDS ID AFIN Page 1 of 2 Date Received 07/09/2009 Received By J Lewis Complainant Name / Address / Phone A nonymous Referral from Water Division Rick Middleton complainant Complaint Lodged Against / Address / Phone Mel Ewart 816 Walkers Corner Road Location Description Complaint Description of Waste 816 Walkers Corner Road Complainant states that a nearby neighbor has a junk collection in his backyard which backs up to Scott Bayou. When it rains, this yard is flooded and trash gets washed down the bayou and stops across from Mr. Middleton's house Investigation Section Date Investigated 07/09/09 Time Investigated NA SECTION 1 Size of Waste Mass Violation Ranking Points Length Width Height Total ~yd3 >640 yd³ yd³ to 640 yd³ = 16 roll offs yd³ to 320 yd³ = 8 roll offs 4 80 yd³ to 160 yd³ = 4 roll offs 3 40 yd³ to 80 yd³ = 2 roll offs 2 40 yd³ or < = 1 roll off 1 Size of Waste Mass Score 0 SECTION 2 Contents of Waste Mass Violation Ranking Points Household Waste 5 Hazardous items {i.e. paint thinner, cleaning chemicals, oil cans, herbicides, medical waste, asbestos} 5 White Waste {i.e. Refrigerators and appliances that may contain Freon} 3 Construction/Demolition Waste 3 Approximate Number of Tires: 3 Abandoned Vehicles /Auto Parts: {May contain gasoline, oil, antifreeze or other automotive fluids} 2 Other Bulky Waste: {i.e. TV s, Furniture, Mattresses, etc.} 2 Yard Waste 1 Dead Animals 4 Other Contents of Waste Mass Score 0 Illegal Dump Worksheet Revised FOR ADEQ USE ONLY Inspector Signature:

2 ADEQ Complaint/Illegal Dump Investigation Worksheet PDS ID Page 2 of 2 SECTION 3 Site Assessment Violation Ranking Points Air Pollution Open Burning 5 Air Pollution Evidence of Open Burning 4 Air Pollution Strong; Foul Order Present 3 Water Pollution Waste in or near standing or flowing water 5 Water Pollution Probability of leachate (run-off) into ground/surface water 5 Public Health Risk Assessment Vectors sighted 5 Public Health Risk Assessment Evidence of Vectors {i.e. rats, flies, mosquitoes, snakes, scavengers} 4 Site Usage Assessment Site attended or maintained for a fee 5 Site Usage Assessment History of previous complaints 5 Site Usage Assessment Active, attractive nuisance; evidence of recent dumping 5 Site Usage Assessment Dumping resumed at cleaned up or closed site 4 Site Usage Assessment Old Site; no evidence of recent dumping; overgrown 2 Site Assessment Score 0 *Violation Ranking: 1 (Least Serious Violation) to 5 (Most Serious Violation) TOTAL SCORE 0 GPS Reading SECTION 4 NA Violations Solid Waste Management Act (a)(2) To construct, install, alter, modify, use or operate any solid waste processing or disposal facility or disposal site without a permit from the department (a)(3) To dispose of solid wastes at any disposal site or facility other than a disposal site or for which a permit has been issued by the department (a)(3) Individual s household disposal that creates a public or private nuisance or a hazard to health and/or violates a city ordinance or other law and/or involves the open dumping of garbage (a)(4) To dump, deposit, throw, or in any manner leave or abandon any solid wastes upon property owned by another person without the written permission of the owner or upon public property (a)(5) To sort, collect, transport, process, or dispose of solid waste contrary to the rules, regulations or orders of the department, or create or likely to create a public nuisance or public health hazard or to cause or likely to cause water or air pollution (Ark. Water and Air Pollution Control Act et seq) (a)(5)(b) A rebuttal presumption when one (1) or more items of solid waste bear the name to indicate that the person committed the unlawful act of disposal Air Pollution Control Code (a)(1)(2)(3) 5)(a) No person shall cause or permit the open burning of refuse, garbage, trade wastes or other waste material, or shall conduct a salvage operation by open burning Investigation Comments 07/09/09 This complaint is already being addressed in a previous complaint. See Complaint ID # Final Disposition INVALID COMPLAINT x VALID COMPLAINT No evidence found Letter Sent No illegal disposal occurring Follow-up Investigation Salvageable materials Response Received (a)(3) exemption No further action Unknown violator No further action Complaint Forwarded To Illegal Dump Worksheet Revised FOR ADEQ USE ONLY Inspector Signature:

3 -----Original Message----- From: Fleming, Eric Sent: Thursday, July 09, :28 AM To: Lewis, Janice; Love, Heidi Subject: RE: Solid Waste Online Concern/Complaint Form Submission Here's one for you guys. Eric file:///c /...%20and%20Settings/lewis/Desktop/temp/FW%20Solid%20Waste%20Online%20ConcernComplaint%20Form%20Submission.txt[7/9/ :58:50 PM]

4 COMPLAINT INFORMATION GPS LOCATION: AFIN: PERMIT#: DATE RECEIVED: 6/19/09 COUNTY: Pulaski/Lonoke County Line COMPLAINANT NAME: Rick Middleton COMPLAINT AGAINST: Nearby neighbor ADDRESS: ADDRESS: 816 Walker s Corner Rd PHONE: PHONE: TRACKING & REFERRAL INFORMATION PERSON RECEIVING REPORT: DATE: SUPERVISOR REFERRAL: DATE: Lindsay Stoker 6/19/09 INSPECTOR REFERRAL: DATE: MEDIA SUPERVISOR REFERRAL: DATE: PHONE REFERRAL CONTACT: DATE: RECEIVING INSPECTOR: Lindsay Stoker DETAILED DESCRIPTION DATE: 6/19/09 The complainant stated that a nearby neighbor has a junk collection in his backyard which backs up to Scott Bayou. When it rains this yard is flooded and trash i.e. doors, tires, etc. get washed down the bayou an stop across from Mr. Middleton s house. LOCATION Take I-440 to Faulkner Lake Road and head east (right). Take Faulkner Lake Rd. to the end which is the second stop sign. Turn right on Walker s Corner Rd. The complaint lives at 816 Walker s Corner Rd. On the opposite side of the road is the Bayou. PREVIOUS COMPLAINT: YES NO DATES: DISCHARGE TO STREAM: YES NO NAME OF STREAM: Scott Bayou COMPLAINT RECEIVED BY: PHONE LETTER VERBAL INTERNET

5 COMPLAINT INVESTIGATION COMPLAINT#: AFIN: PERMIT#: INSPECTOR: DATE: Lindsay Stoker 6/19/09 ACTION TAKEN: PHOTOS TAKEN: YES NO I went out to the site a 1000 on June 19, I witnessed and photographed the trash in the bayou. The nearby neighbor Mr. Middleton says causes the trash has essentially a junk yard in his backyard which is surrounded by the bayou. FURTHER ACTION: Referred to Pulaski County. They sent it back. Referring to Solid Waste Division. INSPECTOR SIGNATURE: Lindsay Stoker / DATE: 6/19/09

6 Water Division NPDES Photographic Evidence Sheet Location: Scott Bayou Photographer: Lindsay Stoker Witness: None Photo # 1 Of 4 Date: 6/19/2009 Time: 1000 Description: Doors, tires, etc. in the bayou. Photographer: Lindsay Stoker Witness: None Photo # 2 Of 4 Date: 6/19/2009 Time: 1000 Description: Bayou with trash

7 Water Division NPDES Photographic Evidence Sheet Location: Scott Bayou Photographer: Lindsay Stoker Witness: None Photo # 3 Of 4 Date: 6/19/2009 Time: 1008 Description: Yard of house where debris is believed to originate Photographer: Lindsay Stoker Witness: None Photo # 4 Of 4 Date: 6/19/2009 Time: 1008 Description: Another photo of yard with debris.

8 Document ID # comp March 04, 2009 Mr. Mel Ewart 510 Walkers Corner Road Scott, AR Dear Mr. Ewart: On March 04, 2009, I performed an investigation of your property located on Walkers Corner Road in Pulaski County. This investigation was in response to a complaint alleging illegal dumping. My investigation revealed that you are in violation of the Arkansas Solid Waste Management Act, A.C.A. ' Specifically, I found the following violation(s): Operation of an unpermitted solid waste disposal facility, which is in violation of ' (a) (1)(2)(3) and (5). The waste dumped at this site consists of paint, appliances, and other assorted waste. "No person shall dispose of solid waste at any disposal site or facility other than a disposal site or facility for which a permit has been issued b y the Department". By law, anyone who violates any provision of the Solid Waste Management Act may be subject to criminal, administrative and civil penalties up to $10,000. You should immediately cease the activity described above and undertake measures to correct the violation. You should notify me in writing at the address below or call (501) within 20 days of the date of this letter with a plan of action for correcting the violation. Please be advised that failure to make contact with me in regard to this notification may warrant formal enforcement. Your cooperation is appreciated. Sincerely, Kenneth Burks, Inspector Solid Waste Division

9 Arkansas Department of Environmental Quality Solid Waste Management Division Complaint/Illegal Dump Investigation Worksheet County Pulaski PDS ID AFIN Page 1 of 2 Date Received 02/23/2009 Received By Janice Lewis Complainant Name / Address / Phone X Anonymous Complaint Lodged Against / Address / Phone Mel Ewart 510 Walkers Corner Road Scott, AR Location Description Off of I-440 take the Faulkner Lake Road exit and go east. Road will dead end at Walkers Corner Road - turn right and go approximately 1 mile - dump is on both sides of the road Investigation Section Complaint Description of Waste Property is being used as an illegal dump. Complainant states that Mr. Ewart is cleaning out HUD houses and bringing the contents and dumping on his property - chemicals, clothing, furniture, cars, appliances, batteries, paint, etc. This is additional property that is not included on Complaint # Date Investigated 03/04/09 Time Investigated SECTION 1 Size of Waste Mass Violation Ranking Points Length Width Height Total ~yd3 >640 yd³ yd³ to 640 yd³ = 16 roll offs yd³ to 320 yd³ = 8 roll offs 4 80 yd³ to 160 yd³ = 4 roll offs 3 40 yd³ to 80 yd³ = 2 roll offs 2 40 yd³ or < = 1 roll off 1 Size of Waste Mass Score 5 SECTION 2 Contents of Waste Mass Violation Ranking Points Household Waste 5 5 Hazardous items {i.e. paint thinner, cleaning chemicals, oil cans, herbicides, medical waste, asbestos} 5 5 White Waste {i.e. Refrigerators and appliances that may contain Freon} 3 3 Construction/Demolition Waste 3 3 Approximate Number of Tires: Abandoned Vehicles /Auto Parts: {May contain gasoline, oil, antifreeze or other automotive fluids} 2 Other Bulky Waste: {i.e. TV s, Furniture, Mattresses, etc.} 2 2 Yard Waste 1 Dead Animals 4 Other Contents of Waste Mass Score 21 Illegal Dump Worksheet Revised FOR ADEQ USE ONLY Inspector Signature:

10 ADEQ Complaint/Illegal Dump Investigation Worksheet PDS ID Page 2 of 2 SECTION 3 Site Assessment Violation Ranking Points Air Pollution Open Burning 5 Air Pollution Evidence of Open Burning 4 Air Pollution Strong; Foul Order Present 3 Water Pollution Waste in or near standing or flowing water 5 5 Water Pollution Probability of leachate (run-off) into ground/surface water 5 5 Public Health Risk Assessment Vectors sighted 5 Public Health Risk Assessment Evidence of Vectors {i.e. rats, flies, mosquitoes, snakes, scavengers} 4 Site Usage Assessment Site attended or maintained for a fee 5 Site Usage Assessment History of previous complaints 5 5 Site Usage Assessment Active, attractive nuisance; evidence of recent dumping 5 5 Site Usage Assessment Dumping resumed at cleaned up or closed site 4 Site Usage Assessment Old Site; no evidence of recent dumping; overgrown 2 Site Assessment Score 20 *Violation Ranking: 1 (Least Serious Violation) to 5 (Most Serious Violation) TOTAL SCORE 46 GPS Reading N ; W SECTION 4 Solid Waste Management Act x x x x Violations (a)(2) To construct, install, alter, modify, use or operate any solid waste processing or disposal facility or disposal site without a permit from the department (a)(3) To dispose of solid wastes at any disposal site or facility other than a disposal site or for which a permit has been issued by the department (a)(3) Individual s household disposal that creates a public or private nuisance or a hazard to health and/or violates a city ordinance or other law and/or involves the open dumping of garbage (a)(4) To dump, deposit, throw, or in any manner leave or abandon any solid wastes upon property owned by another person without the written permission of the owner or upon public property (a)(5) To sort, collect, transport, process, or dispose of solid waste contrary to the rules, regulations or orders of the department, or create or likely to create a public nuisance or public health hazard or to cause or likely to cause water or air pollution (Ark. Water and Air Pollution Control Act et seq) (a)(5)(b) A rebuttal presumption when one (1) or more items of solid waste bear the name to indicate that the person committed the unlawful act of disposal Air Pollution Control Code (a)(1)(2)(3) 5)(a) No person shall cause or permit the open burning of refuse, garbage, trade wastes or other waste material, or shall conduct a salvage operation by open burning See Comments Page Investigation Comments Final Disposition INVALID COMPLAINT x VALID COMPLAINT No evidence found x Letter Sent No illegal disposal occurring Follow-up Investigation Salvageable materials Response Received (a)(3) exemption No further action Unknown violator No further action Complaint Forwarded To Illegal Dump Worksheet Revised FOR ADEQ USE ONLY Inspector Signature:

11 Arkansas Department of Environmental Quality Solid Waste Management Division Complaint/Illegal Dump Investigation Worksheet Attachment County Pulaski PDS ID Date 03/04/09 Follow-up Investigation Page 3 Location Walker s Corner Road Investigation Comments 03/04/09 I entered the site on this date and noted milk crates, scrap metal, scrap lumber, plastic trash containers, refrigerators, bathroom appliances, lawn furniture, sheetrock, household waste, tires, and several hundred one gallon rusted paint cans on Mr. Ewart s reported property on the west side of Walkers Corner Road. On the east side of Walkers Corner Road at Mr. Ewart s reported residence, there was much of the same type of materials in the front yard. As I did not make contact with Mr. Ewart during this investigation, I will send him a letter in order to ascertain the purpose of these materials on his property. 03/06/09 Mr. Ewart contacted me by telephone on this date and stated that he was ready to clean up the property and planned to employ two people to help him accomplish this task. I offered to meet with Mr. Ewart at this site to ascertain what materials would need to be disposed of. I proposed a date sometime during the week of March 16, 2009 and he agreed. I will contact Mr. Ewart during this week and set up a time to meet him at this site. Final Disposition Illegal Dump Worksheet Attachment FOR ADEQ USE ONLY Inspector Signature: Revised

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26 June 29, 2009 Mr. Mel Ewart 510 Walkers Corner Road Scott, AR Dear Mr. Ewart: On March 03, 2009, we spoke by telephone regarding the materials located on your property. We discussed you and I meeting on your property to evaluate the status of this material. I recently tried to contact you by telephone to set up a time, but it appears that your phone has been disconnected or your number changed. Please contact me at my office number, (501) , or at my cell phone number, (501) , so that we can set up a convenient time to meet and discuss this matter. Your cooperation in this matter is appreciated. Sincerely, Kenneth Burks, Inspector Solid Waste Division

27 Arkansas Department of Environmental Quality Solid Waste Management Division Complaint/Illegal Dump Investigation Worksheet Attachment County Pulaski PDS ID Date 03/04/09 Follow-up Investigation Page 4 Location Walker s Corner Road Investigation Comments 06/26/09 I attempted to contact Mr. Ewart by telephone to schedule a meeting on his property regarding the materials mentioned in this and previous complaint investigations. Mr. Ewart s telephone has been disconnected or his number has been changed, so I went to his property to try and contact him in person. I could not reach the front door due to various boxes and materials on his front porch, so I went around to the back of the residence and ran into the same problem at the rear door. I noted a large amount of questionable material behind the house. As I had never been to the rear of the house before, I took photographs and then departed. I will send Mr. Ewart another letter in an attempt to contact him about setting up another meeting time. The location of this site is N ; W The materials include cardboard boxes, lumber, metal, hot water heaters, paint buckets, furniture, farm equipment, burned waste, and other assorted types of waste. Final Disposition Illegal Dump Worksheet Attachment FOR ADEQ USE ONLY Inspector Signature: Revised

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