Mr. Harold Mills 9001 Roman Lane Jacksonville, AR 72076

Transcription

1 Mr. Harold Mills 9001 Roman Lane Jacksonville, AR 72076

2 October 20, 2008 Mr. Harold Mills 9001 Roman Lane Jacksonville, AR Dear Mr. Mills: On October 20, 2008, I performed an investigation of your property located on Brasco 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 construction debris. "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 by 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 call (501) , or (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 ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 NORTHSHORE DRIVE / NORTH LITTLE ROCK / ARKANSAS / TELEPHONE / FAX

3 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 10/14/2008 Received By Complainant Name / Address / Phone James Riley Janice Lewis Anonymous Contact ER before conducting follow-on investigation Complaint Lodged Against / Address / Phone Harold Mills 9001 Roman Ln. Jacksonville, AR Location Description RP: Unknown but access to location is via Roman Lane off Peters Rd on East side of cul-de-sac Complainant: James Riley (admitted dumping drill mud under case ) Event: ~ 6 mo ago (April 2008) ER did observe what appeared to be shingles but did not enter property. Also drove down Roman Ln and located apparent access to pasture and saw a trailer loaded with ladders, portable air compressor tanks, and other roofing related equipment. Mailbox had no identification. Complaint Description of Waste While conducting follow-on of an event ER responded to on received a complaint of dumping on neighboring property by unknown person(s). Complainant indicated he had called our office and reported this but could not provide any details as to the number called or who he spoke with. Investigation Section Date Investigated 10/20/08 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 yd³ to 80 yd³ = 2 roll offs 2 40 yd³ or < = 1 roll off 1 Size of Waste Mass Score 3 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 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 3 Illegal Dump Worksheet Revised FOR ADEQ USE ONLY Inspector Signature:

4 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 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 2 Site Assessment Score 12 *Violation Ranking: 1 (Least Serious Violation) to 5 (Most Serious Violation) TOTAL SCORE 18 GPS Reading N ; w SECTION 4 Solid Waste Management Act 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 Investigation Comments 10/20/08 I investigated the complaint on this date and noted an area in a field which contained shingles and C/D. I previously investigated on 04/17/06. At the time, the area was clear of underbrush. During this inspection, vegetation had partially covered the area, but it appears that this is the original material I noted in my report of 04/17/06. Mr. Mills had responded to my letter regarding this investigation and stated that he was not responsible for the dumping, but would volunteer to clean it up. He did supply this office with a disposal receipt showing the removal of 5.0 cubic yards. I will send Mr. Mills another letter regarding this matter in order to get his response on the disposal of the rest of the waste on site. See Complaint # 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:

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12 Arkansas Department of Environmental Quality Solid Waste Management Division Complaint/Illegal Dump Investigation Worksheet Complaint Lodged Against: Harold Evans (possibly Harold Mills) 9001 Roman Lane Jacksonville, AR Page 1 of 2 County: Pulaski AFIN: PDS ID: 3382 Access ID: Complainant Name & Address: James Riley 2611 Brasco Rd Jacksonville, AR Phone: x Valid Invalid Unknown Location Description: Hwy 107 North to Centennial Rd. Right on Centennial. Take first left on Peters Rd. Continue straight on Brasco Rd. after Peters Rd. makes a hard left. Go to the end of the road. Waste is visible in the field at the end of the road. Complaint Description of Waste: Hauling and dumping shingles, wood, and metal from his roofing company. Complaint Received by: Flora Wrather Date Received: 03/30/06 Section 1: Size of Waste Mass Pts Points Total Length Width Height Total 4320 Approx. Cyd 160 >640 yd³ yd³ to 640 yd³ = 16 roll offs yd³ to 320 yd³ = 8 roll offs yd³ to 160 yd³ = 4 roll offs yd³ to 80 yd³ = 2 roll offs yd³ or < = 1 roll off 1 0 {Section 1 Multiplier=5} Size of Waste Mass Score 15 Section 2: Contents of Waste Mass Pts Points Total Household Waste 5 0 Hazardous items {i.e. paint thinner, cleaning chemicals, oil cans, herbicides, medical waste, asbestos} White Waste {i.e. Refrigerators and appliances that may contain Freon} 3 0 Construction/Demolition Waste Approximate Number of Tires: Abandoned Vehicles /Auto Parts: {May contain gasoline, oil, antifreeze or other automotive fluids} 2 0 Other Bulky Waste: {i.e. TV s, Furniture, Mattresses, etc.} 2 0 Yard Waste 1 0 Dead Animals 4 0 Other 0 {Section 2 Multiplier = 3} Contents of Waste Mass Score 33 Illegal Dump Worksheet FOR ADEQ USE ONLY Inspector Signature

13 Section 3: Site Assessment Pts Points Total Air Pollution Open Burning 5 0 Air Pollution Evidence of Open Burning 4 0 Air Pollution Strong; Foul Order Present 3 0 Water Pollution Waste in or near standing or flowing water Water Pollution High probability of leachate (run-off) into ground/surface water Public Health Risk Assessment Vectors sighted 5 0 Public Health Risk Assessment Evidence of Vectors {i.e. rats, flies, mosquitoes, snakes, scavengers} 4 0 Public Health Risk Assessment Public Nuisance {i.e. feces and/or eggs and/or tunnels} 3 0 Site Usage Assessment Site attended or maintained for a fee 5 0 Site Usage Assessment History of previous complaints 5 0 Site Usage Assessment Active, attractive nuisance; evidence of recent dumping 5 0 Site Usage Assessment Dumping resumed at cleaned up or closed site 4 0 Site Usage Assessment Old Site; no evidence of recent dumping; overgrown 2 0 {Section 3 Multiplier = 4} SITE ASSESSMENT SCORE 40 TOTAL for Section 1 & 2 48 Date Investigated: 04/17/06 GIS: 34º ; W 092º Solid Waste Management Act x x x Time Investigated: 0940 through 1005 (F9) TOTAL SCORE 88 Section 4: 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 Waste Tire Regulations #14 9, Prohibitions: Tires disposed unless part of a permitted processing/collection facility Caused or permitted the open burning of tires 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 Litter Act Dispose of litter upon any public or private property or into any body of water Vehicle is not covered to prevent the contents from departing from vehicle Final Disposition x Investigated Letter Sent Investigated No Evidence Found No Further Action Required Complaint Forwarded To: Illegal Dump Worksheet FOR ADEQ USE ONLY Inspector Signature

14 Complaint Investigation and Illegal Dump Worksheet Attachment Location: Brasco Road County: Pulaski Inspector: Ken Burks Date: 04/17/06 Follow-Up Investigation PDS ID: 3382 Access ID: Comments: 04/17/06 I entered the site off of Brasco Road on this date and walked across_ a field where the waste was evident. In several piles, I noted shingles, plastic,_ scrap lumber, insulation, scrap metal, two tires, and several five gallon buckets of roofing tar. The waste was basically in two separate piles, with one pile being approximately 45 x15 x2 and the other pile approximately 30 x33 x3, for an approximate cubic yardage of 160. At this point, I called the complainant and asked if Mr. Evans(as was stated on_ the report) lived in the area. He directed me approximately one-half a mile away to a residence on Roman Lane. According to the directions and description of the house, the address was 9001 Roman Lane. I knocked on the door of the residence but did not receive an answer. I took several photographs of the license plates on two vehicles located there and left. After doing an address look-up on an internet site, I ascertained that the name_ belonging to this address is Harold Mills. This is the name and address I will send a letter to for a response. FURTHER ACTION TAKEN/TO BE TAKEN: I will send a letter to Harold Mills for a response. Inspector Signature: Date: 04/17/06 Form Revised

15 April 20, 2006 Mr. Harold Mills 9001 Roman Lane Jacksonville, AR Document ID # comp Dear Mr. Mills: On April 17, 2006, I performed an investigation of your property located on Brasco 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 shingles and construction/demolition 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 by 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 cc: Enforcement Branch Files Flora Wrather, Illegal Dump Coordinator

16 Complaint Investigation and Illegal Dump Worksheet Attachment Location: Brasco Road County: Pulaski Inspector: Ken Burks Date: 04/17/06 Follow-Up Investigation PDS ID: 3382 Access ID: Comments: 04/27/06 COMPLAINT UPDATE: Mr. Harold Mills called on this date and stated that he was not responsible for the waste dumped on his property. He said that he would keep the gate locked and would have to remove the waste with the use of a pickup, as that is all he has to haul with. I also explained that I would need copy of the disposal receipts mailed to me. According to of the Arkansas Code of 1987 Annotated, Mr. Mills can not be held responsible for unknown parties illegally dumping waste on his property without his knowledge. Mr. Mills has volunteered to clean up the materials in question, however. FURTHER ACTION TAKEN/TO BE TAKEN: I will monitor the site on occasion in order to see if any further illegal dumping is occurring. Inspector Signature: Date: 04/17/06 Form Revised

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