August 17, Robert E. Miller Quick Lay Pipe, LL Highway 71 South Fort Smith, AR RE: Complaint Investigation. Dear Mr.

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1 August 17, 2009 Robert E. Miller Quick Lay Pipe, LL Highway 71 South Fort Smith, AR RE: Complaint Investigation Dear Mr. Miller: On August 13, 2009, I performed an investigation of your facility at 181 Bailey Street in Searcy, Arkansas in response to a complaint. The complaint alleged that raw sewage was being discharged to the waters of the state from the mobile homes at this location. The complaint also alleged that Quick Lay Pipe was marketing a wastewater treatment system to drilling companies that was also resulting in the discharge of raw sewage to the waters of the state at the drilling sites. This investigation revealed that you are in violation of the Federal Clean Water Act, the Arkansas Water and Air Pollution Control Act, and the regulations promulgated thereunder. Specifically, I found the following violations: 1. You are operating a wastewater treatment system that discharges to the waters of the state without a valid NPDES Permit. While the system is treating the wastewater, it is not being operated and monitored under the conditions of an NPDES Permit which will ensure that the discharge is not causing pollution. The Arkansas Water and Air Pollution Control Act (A.C.A (b)(1)(A)) requires that a permit be obtained for any disposal system that will discharge to the waters of the state. 2. During the inspection, I also noted several oil stains on the facility grounds that must be cleaned up and disposed of properly. You should consider requiring containing the oil drums at the shop at this location to prevent spills from contaminating the soil. Also, you should require the bungs to be kept in place on these waste oil drums to prevent spillage. During my investigation, I met with Mr. Melvin Taylor, Operation Manager at the site and discussed my findings with him. Mr. Taylor was very courteous and helpful. Mr. Taylor indicated that the same types of treatment units were being used by some of the drilling companies in the Fayetteville Shale. I advised Mr. Taylor to inform your clients that a permit was required to operate these facilities and that the Department could take enforcement action against your clients if we discover them discharging to the waters of the state without a permit.

2 Quick Lay Pipe, LL August 17, 2009 Page 2 Also, please be aware, the Department does not permit mobile sources, so a new permit would be required for each location. For more information concerning permitting these facilities please contact the Permit s Branch of the Water Division at (501) The above items require your immediate attention. Please submit a written response to these findings to Cindy Garner, Water Division Enforcement Branch Manager. This response should be mailed to the address below. This response should contain documentation describing the course of action taken to correct each item noted. This corrective action should be completed as soon as possible, and the written response with all necessary documentation (i.e. pictures) is due by August 28, If I can be any assistance, please contact me at benson@adeq.state.ar.us or Sincerely, Dennis Benson District 9 Field Inspector Water Division cc: Water Division Enforcement Branch Water Division Permits Branch Page 2 of 8

3 GPS LOCATION: DATE RECEIVED: 08/10/09 COMPLAINANT NAME: anonymous ADDRESS: PHONE: COMPLAINT INFORMATION AFIN: PERMIT#: COUNTY: White COMPLAINT AGAINST: Quick Lay Pipe, LLC ADDRESS: Highway 71 South, Fort Smith, AR PHONE: TRACKING & REFERRAL INFORMATION PERSON RECEIVING REPORT: DATE: SUPERVISOR REFERRAL: DATE: Michael Parette 08/10/09 Eric Fleming 08/10/09 INSPECTOR REFERRAL: DATE: MEDIA SUPERVISOR REFERRAL: DATE: PHONE REFERRAL CONTACT: DATE: RECEIVING INSPECTOR: Dennis Benson DETAILED DESCRIPTION DATE: 08/10/09 Sewage is going onto the ground and into creeks; companies are allowing sewage to run out the back of the trailers that the company man and the crew lives in at the drill sites 181 Bailey Street, Searcy has pipes that just run out the back and are not connected to the septic system. In some cases the pipes do run to a trailer mounted automatic septic system and then directly to the ground. Bleach, sugar and yeast are suppose to be added to activate the system but this is not being done The above was taken directly from received by Mr. Parette. LOCATION 181 Bailey Street in Searcy. Take Highway 67/167 North for NLR to Searcy. Take exit 44 and go right to stop sign. Turn left and then the next right which is Bailey Street. Facility is approximately 0.5 miles on the left. PREVIOUS COMPLAINT: YES NO DATES: DISCHARGE TO STREAM: YES NO NAME OF STREAM: COMPLAINT RECEIVED BY: PHONE LETTER VERBAL INTERNET Page 3 of 8

4 COMPLAINT INVESTIGATION COMPLAINT#: AFIN: PERMIT#: INSPECTOR: DATE: Dennis Benson 08/13/09 ACTION TAKEN: PHOTOS TAKEN: YES NO Arrived at facility at approximately 11:10 am. Met a Mr. Melvin Taylor, Operations Manager. I explained the complaint and requested I be allowed to look around. I found small pumps stations at the occupied mobile homes on the site that pumped to a trailer mounted 3-cell treatment system that then pumped the treated wastewater into the adjacent field. I also noted several oil stains on the grounds. The largest being the one around the waste oil drums at the maintenance shop. I discussed findings with Mr. Taylor who agreed to pump the water into one of the many empty tanks on site and make arrangement with the local wastewater utility (city of Higginson) to take the wastewater when tanks become full. He also agreed to clean up the oil contaminated soil. I discussed the other part of the complaint with Mr. Taylor who acknowledged that they had marketed the same type of treatment system to Nomax Drilling for use at crew quarters on the drilling sites. I explained to Mr. Taylor that if those systems were discharging, a permit would be required. He said they would check on them and take whatever action is necessary to eliminate the problem. Mr. Taylor was made aware that his clients could be held responsible and subject to enforcement action, if the facilities were discharging. Photographs were taken during the visit, but were lost due to a memory card failure. FURTHER ACTION: Write noncompliance letter to corporate office in Ft. Smith. INSPECTOR SIGNATURE: Dennis Benson DATE: 08/13/09 Page 4 of 8

5 Water Division Construction Storm Water Photographic Evidence Sheet Location: Quick-Lay Pipe, 181 Bailey, Searcy Photographer: Dennis Benson Witness: None Photo # 1 Of 8 Date: 08/13/09 Time: 10:25 am Description: Oil spill and waste drum not properly cleaned up. Photographer: Dennis Benson Witness: None Photo # 2 Of 8 Date: 08/13/09 Time: 10:27 am Description: Oil spill at maintenance shop at drum storage area. Page 5 of 8

6 Water Division Construction Storm Water Photographic Evidence Sheet Location: Quick-Lay Pipe, 181 Bailey, Searcy Photographer: Dennis Benson Witness: None Photo # 3 Of 8 Date: 08/13/09 Time: 10:31 am Description: Individual pump station at mobile home on the yard. Photographer: Dennis Benson Witness: None Photo # 4 Of 8 Date: 08/13/09 Time: 10:32 am Description: One of the portable septic tank treatment units in operation at the site. Page 6 of 8

7 Water Division Construction Storm Water Photographic Evidence Sheet Location: Quick-Lay Pipe, 181 Bailey, Searcy Photographer: Dennis Benson Witness: None Photo # 5 Of 8 Date: 08/13/09 Time: 10:32 am Description: Contaminated water draining from the site. Photographer: Dennis Benson Witness: None Photo # 6 Of 8 Date: 08/13/09 Time: 10:32 am Description: One of the pumping units with raw sewage accumulating at the base of station. Sewage on ground Page 7 of 8

8 Water Division Construction Storm Water Photographic Evidence Sheet Location: Quick-Lay Pipe, 181 Bailey, Searcy Photographer: Dennis Benson Witness: None Photo # 7 Of 8 Date: 08/13/09 Time: 10:37 am Description: Treatment tank with pump. Pipe is discharging into adjacent field.. Pump mounted on trailer to facilitate discharge. Wastewater discharge hose Photographer: Dennis Benson Witness: None Photo # 8 Of 8 Date: 08/13/09 Time: 10:30 am Description: Wastewater is carried off the field in this constructed ditch. Page 8 of 8

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