October 26, Mr. Ricky Auzenne Brothers Transportation 3434 Eleanor Baton Rouge, LA RE: Truck wreck and spill in Jasper Arkansas

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1 October 26, 2009 Mr. Ricky Auzenne Brothers Transportation 3434 Eleanor Baton Rouge, LA RE: Truck wreck and spill in Jasper Arkansas Dear Mr. Auzenne: On October 16, 2009, I received several complaints from citizens in Jasper concerning odor and water contamination in Town Creek. A tractor trailer belonging to Brothers Transportation wrecked and spilled a load of animal feed at around 9:20 pm on October 9, The spill occurred within the town of Jasper and into Town Creek. Some of the material was removed however a considerable volume of the load remains on the side of Hwy 7, on the creek bank and in the channel of the stream. Based upon a site investigation, you are in violation of the Arkansas Water and Air Pollution Control Act, the Federal Clean Water Act and the regulations promulgated thereunder. Specifically I found the following violation: You have illegally discharged waste to waters of the state which has resulted in pollution to waters of the state. This is in violation of the Arkansas Water and Air Pollution Control Act, (a)2. You must immediately remove all remaining waste from the spill site and creek channel located on Hwy 7 in Jasper, Arkansas. Furthermore, you are required to submit a written response to this finding to the attention of Cindy Garner, Water Division Enforcement Branch Manager of ADEQ. This response must contain a detailed description of how the violation was corrected and is due by November 6, For additional information you may contact the Water Division Enforcement Section by telephone at or by fax at If you have any questions or would like to discuss this issue in greater detail, I can be reached at or by at morris@adeq.state.ar.us. Sincerely, Tony Morris District #2 Field Inspector ADEQ Water Division CC: ADEQ Water Division Enforcement Branch Canal Insurance Attn: David Holcomb P.O.Box 7 Greenville, SC 29602

2 FOR OFFICE USE ONLY: AIR HW RST SW WATER MINING ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY P. O. BOX 8913, LITTLE ROCK, AR COMPLAINT REPORT LOCATION: N W DATE RECEIVED: 10/16/09 COMPLAINANT NAME: Numerous Complaints ADDRESS: AFIN#: PERMIT#: COUNTY: Newton COMPLAINT AGAINST: Brothers Transportation/ Canal Insurance ADDRESS: Ricky Auzenne David Holcomb Brothers Transportation Canal Insurance 3434 Eleanor P.O. Box 7 Baton Rouge, LA Greenville, SC PHONE: Fax: NA PHONE: Brothers Transportation Canal Insurance PERSON RECEIVING REPORT: Tony Morris INSPECTOR REFERRED: DATE: 10/16/09 DATE: SUPERVISOR REFERRAL: MEDIA SUPERVISOR REFERRAL: DATE: DATE: PHONE REFERRAL CONTACT: DATE: RECEIVING INSPECTOR: Tony Morris DATE: 10/16/09 DESCRIPTION (IN DETAIL) Water in Town Creek is very turbid and greasy looking, waste from a truck spill is still located on stream bank. LOCATION (IN DETAIL) Located in the sharp curve on Hwy 7 in southern Jasper across from library. PREVIOUS COMPLAINT? YES X NO DATES: DISCHARGE TO STREAM? X YES NO NAME OF STREAM: Town Creek which flows to Little Buffalo River (See attached photographs)

3 HOW COMPLAINT WAS RECEIVED: PHONE LETTER _X VERBAL FAX FOLLOW UP ON COMPLAINT COMPLAINT #: AFIN #: INSPECTOR: Tony Morris DATE: 10/16/09 ACTION TAKEN: Site investigation on 10/16/09, contacted Ricky Auzenne of Brothers Transportation company on 10/16/09, contacted David Holcomb of Canal Insurance on 10/19/09, letter to Ricky Auzenne dated 10/19/09. PHOTOS TAKEN: Yes, See Attached An on site investigation was performed on 10/16/09. The truck wreck and discharge of animal feed occurred on 10/9/09 at approximately 21:30. Following the wreck, the truck was removed and the feed spilled in Hwy 7 was removed by a contractor working for Canal Insurance (Block Wrecker Service, Jerry Block, ) (Claim # L456532). Several hundred pounds of feed, which was spilled on the side of the road and in the creek channel, was abandoned and remains in place. Attached to this report are photographs of the spill site. Also attached are photographs of Town Creek upstream of the spill site as well as downstream of the spill site. These pictures depict the obvious water quality impact the waste is having on waters of the state. While the upstream photograph depicts crystal clear water, the photos of the impacted portions of the stream depict water with floating grease and high turbidity concentrations. FURTHER ACTION TAKEN/TO BE TAKEN: Enforcement Recommended INSPECTOR SIGNATURE: Tony L. Morris DATE: 10/19/09 HOURS WORKED: 4 hrs Page 3

4 Water Division Photographic Evidence Sheet Location: Brothers Transportation Spill, Jasper, Newton County Photographer: Tony Morris Witness: Photo # 1 of 4 Date: 10/16/09 Time: 12:50 Description: Town Creek above the spill site showing clear water with clean substrate. Photographer: Tony Morris Witness: Photo # 2 of 4 Date: 10/16/09 Time: 12:52 Description: The spill site on Hwy adjacent to Town Creek with waste visible on road side.

5 Water Division Photographic Evidence Sheet Location: Brothers Transportation Spill, Jasper, Newton County Photographer: Tony Morris Witness: Photo # 3 of 4 Date: 10/16/09 Time: 12:55 Description: Contaminated water in Town Creek 300 feet down stream of the spill site. Photographer: Tony Morris Witness: Photo # 4 of 4 Date: 10/16/09 Time: 13:15 Description: Foam and turbid water on Spring Street in Jasper ¼ mile downstream of spill.

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