Placing waste is a location likely to cause pollution to the waters of the State.

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1 January 4, 2010 Loyd Woodruff, Owner L & W Scrap Metal 396 Hwy 27 S Nashville, AR Re: Complaint Investigation Dear Mr. Woodruff: On December 29, 2009, I performed an investigation of your facility in response to a complaint. The complaint alleged that there was a material spill at the scrap yard located at 1554 Hwy 70 W in Glenwood, Pike County. The complainant believed that the spill is due to scrapping cars and not disposing of the materials properly. 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: Placing waste is a location likely to cause pollution to the waters of the State. Onsite personnel indicated that no vehicle operating fluids were removed prior to these vehicles being crushed. Various fluid stains were observed on the ground around the crusher and on the bottom portion of the crusher itself. All vehicle fluids, including motor oil, transmission fluid and antifreeze is to be drained into appropriate containers and stored until proper disposal of the fluids can be arranged. The above item requires your immediate attention. Please submit a written response to this findings to Cindy Garner, Water Division Enforcement Branch Manager, of this Department. This response should be mailed to the address below. This response should contain documentation describing the course of action

2 L & W Scrap Metal December 29, 2009 Page: Two taken to correct the item noted. This corrective action should be completed as soon as possible, and the written response is due by January 14, If I can be of any assistance, please feel free to contact me at (870) Sincerely, Shan Lynch District Field Inspector Water Division cc: Permits Branch Enforcement Branch

3 FOR OFFICE USE ONLY: AIR HW RST SW WATER MINING ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 Northshore Drive, North Little Rock, AR COMPLAINT REPORT LOG#: AFIN#: PERMIT#: DATE RECEIVED: COMPLAINANT NAME: Anon ADDRESS: COUNTY: Pike COMPLAINT AGAINST: L & W Scrap Metal ADDRESS: 1554 Hwy 70 W; Glenwood, AR PHONE: FAX: PHONE: (870) FAX: PERSON RECEIVING REPORT: NRC DATE: SUPERVISOR REFERRAL: Eric Fleming DATE: INSPECTOR REFERRED: Shan Lynch DATE: MEDIA SUPERVISOR REFERRAL: DATE: PHONE REFERRAL CONTACT: DATE: RECEIVING INSPECTOR: DATE: DESCRIPTION (IN DETAIL) Complainant reported a spill of materials from this facility. They believe it is due to scrapping cars and not disposing of the materials properly. LOCATION (IN DETAIL) The scrap yard is located at 1554 Hwy 70 just west of Glenwood on the north side of the highway. PREVIOUS COMPLAINT? G YES X NO DATES: DISCHARGE TO STREAM? G YES X NO NAME OF STREAM: HOW COMPLAINT WAS RECEIVED: G PHONE G LETTER G VERBAL G FAX X Page 1

4 FOLLOW UP ON COMPLAINT COMPLAINT #: AFIN #: INSPECTOR: Shan Lynch DATE: ACTION TAKEN: PHOTOS TAKEN: yes On December 29, 2009 at approximately 11:50 I arrived at the facility to investigate the complaint. At the time of my arrival, I was met by three individuals working at this facility. I introduced myself and indicated that I was there to find out what was done with the vehicle operating fluids prior to the vehicles being crushed. The individual in charge stated that nothing was done with the fluids prior to them being crushed. All oil, transmission fluid and antifreeze is left in the cars throughout the process. I then observed the area around the crusher and found evidence of these fluids on the ground and on the bottom surface of the crusher itself. I then took some photos, obtained the name and address of the owner of the facility, informed the individuals that these fluids should be removed before crushing and stored appropriately for proper disposal, left them my business card and left the facility. FURTHER ACTION TAKEN/TO BE TAKEN: A violation letter will be sent to the facility owner requiring a response. INSPECTOR SIGNATURE: DATE: HOURS WORKED: 0.5 Page 2

5 Water Division NPDES Photographic Evidence Sheet Location: L & W Scrap Metal / Glenwood Photographer: Shan Lynch Witness: L & w employees Photo # 1 Of 4 Date: Time: 1221 Description: bottom surface of crusher showing spilled fluids Photographer: Shan Lynch Witness: L & W employees Photo # 2 Of 4 Date: Time: 1221 Description: same as above Page 3

6 Water Division NPDES Photographic Evidence Sheet Location: L & W Scrap Metal / Glenwood Photographer: Shan Lynch Witness: L & W employees Photo # 3 Of 4 Date: Time: 1218 Description: car crusher and fluids on ground Photographer: Shan Lynch Witness: L & W employees Photo # 4 Of 4 Date: Time: 1219 Description: same as above Page 4

7 January 17, 2010 Mr. Loyd Woodruff L & W Scrap Metal 396 Hwy 27 South Nashville, AR RE: Response to Complaint Inspection Dear Mr. Woodruff: The Department has received your response dated January 8, 2010 to the December 29, 2009 inspection of the L & W Scrap Metal facility by District Field Inspector Shan Lynch. Your response has been deemed inadequate by this Department. The Department requires that you submit photographs of the remediated areas no later than March 5, The Department will keep the inspection and response on file. If future violations occur that require enforcement action, the Department will consider the inspection and response as required by the Pollution Control and Ecology Commission Regulation No. 7, Civil Penalties. This regulation requires the Department to consider the past history of your facility and how expeditiously the violations were addressed in determining any civil penalty that may be necessary for any future violations. Thank you for your attention to this matter. Should you have any questions, feel free to contact me at or you may me at Sincerely, Tracy Bevill Enforcement Analyst Water Division Enforcement Branch

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