The above items require your immediate attention. Please submit a written response to this finding to the following address:

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1 May 6, 2009 Ted Suhl Rolling Hills Investments, Inc Old Burr Road Warm Springs, AR RE: Sunset Bay AFIN: Permit No.: 4543-W Dear Mr. Suhl: On April 30, 2009, I performed a routine compliance inspection of the waste treatment and disposal facility in accordance with the provisions of the Arkansas Water and Air Pollution Control Act and the regulations promulgated there under. This inspection revealed the following violation: According to the Arkansas Department of Environmental Quality records, this site is operating under an expired permit. According to the Benton County Assessor s office, you became owner of this site during the month of November Therefore, you are in violation of the federal Clean Water Act and the Arkansas Water and Pollution Act, operating waste treatment system without a permit. In addition, the following deficiencies were noted during the inspection: 1. The liner was torn at recirculating sand filter # The reciculating sand filters were not being maintained. Vegetation must be removed from the sand filters. The above items require your immediate attention. Please submit a written response to this finding to the following address: Ms. Cindy Garner, Technical Assistance Manager Water Division Enforcement Section Arkansas Department of Environmental Quality 5301 Northshore Drive North Little Rock, AR This response should contain detailed documentation describing the course of action taken to correct the item noted. This corrective action should be completed as soon as possible, and the written response is due by May 18, 2009.

2 Mr. Suhl, Sunset Bay May 7, 2009 Page 2 For additional information you may contact the enforcement section by telephone at or by fax at If I can be of any assistance, please contact me at ext. 12 (west@adeq.state.ar.us). Sincerely, Alison West District 1 Field Inspector Water Division cc: Water Division Enforcement Branch Water Division Permits Branch No Discharge Industrial Report Page 2

3 ADEQ Water Industrial No Discharge AFIN: «AFIN» Permit #: «Permit_» ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY STATE SANITARY TREATMENT SYSTEM INSPECTION FORM Page 1 of 3 AFIN: Log No.: Permit No.: 4543-W Inspection Date: April 30, 2009 Media: Water Inspector: Alison West 1A. Name of Facility: Sunset Bay Subdivision Compliance Status: OUT 2A. Location: Old Prairie Creek Road, ~1 mile from Hwy 12E on the left 3A. Telephone: cell or business County: Benton 4A. Name of On-Site Representative: NA 5A. Name of Responsible Official: Ted Suhl, Rolling Hills Investments, LLC Mailing Address: 1033 Old Burr Road Warm Springs, AR Telephone: A. Operators Name: Mike Whitehead 7A. Licensed Operator? Yes X No N/A Class of License I 8A. Date of Last Inspection: August 8, A. Principal Type of Waste Received: Domestic Sewage 10A. Are there any additions, corrections or repairs to the facility since the last inspection? N/A 11A. If the facility is a package plant, list type, manufacturer s name and address and approx. number of years in service: Recirculating Sand Filter, Orenco, ~8 years. 12A. What is the appearance of effluent? N/A No Discharge Industrial Report Page 3

4 ADEQ Water Industrial No Discharge AFIN: «AFIN» Permit #: «Permit_» 13A. Is there any visible effect on receiving stream? N/A Page 2 of 3 14A. Are there any complaints against this facility? Yes X No N/A If yes, of what nature? On May 6, 1999, Jamie Huens performed an investigation on Sunset Bay Subdivision regarding storm water issues. Operation and Maintenance 1B. Are odors a problem at the plant? Yes X No N/A 2B. Is industrial waste a problem? Yes No X N/A 3B. Is infiltration a problem? Yes X No N/A 4B. Does plant have a flow meter? Yes No X N/A 5B. Is flow measuring device properly operated? Yes No N/A X 6B. Flow measuring device being properly calibrated? Yes No N/A X 7B. Are all treatment units in service? Yes No X N/A If no, what units are out and why? Recirculating Sand Filter #5 had collapsed. Recirculating sand filter #1, 2, and 4 are not being used at this time. 8B. Is overall maintenance satisfactory? Yes No X N/A If no, list areas for improvement: Weeds have been allowed to grow in the recirculating sand filter. There are areas where the liner is torn at recirculating sand filter #3. 9B. Are operating records kept? Yes No N/A X If yes, describe: 10B. Are maintenance records kept? Yes No N/A X If yes, describe: 11B. Are samples routinely taken? Yes No X N/A 12B. Are sampling techniques adequate? Yes No N/A X 13B. Are lab records adequate? Yes No N/A X No Discharge Industrial Report Page 4

5 ADEQ Water Industrial No Discharge AFIN: «AFIN» Permit #: «Permit_» Page 3 of 3 14B. What laboratory does the facility use? N/A Address: Telephone: 15B. Are solids or sludge s disposed of? Yes No N/A X 16B. Are Solids or sludge s disposed of adequately? Yes No N/A X Explain (including destination): According to Mr. Whitehead, property owners are responsible for septic tanks at the residence. 17B. Are all treatment units operational Yes No X N/A 18B. In the space below, furnish a simplified diagram or the flow diagram or a written description of the separate plant units in flow sequence. Include whether flow to the plant is pump or gravity. SUMMARY OF FINDINGS/COMMENTS The permit has been operating without a activity permit since September 28, Recirculating sand filter 5 was collapsed at time of inspection. Weeds have been allowed to grow in the filter media at each individual sand filter. Unable to determine if complete records were being maintained and current of all activities related to the removal of waste materials accumulated in the septic tanks and other vessels or components of the waste disposal system. Grab samples are not being obtained at the peak loading period from each individual recirculating sand filter. According to the Department s records, Mr. Whitehead has received a Class I wastewater operator s license. Complete biannual operational reports covering May-October and November through April are not being submitted to the Department. I observed gallon tanks sitting on the ground near recirculating sand filter 3 & 4. According to Mr. Whitehead on August 8, 2008, the two force main lines at the hair pin near the corner of lot 8 were intercepted and a manifold was installed to transport sewage to recirculating sand filter #3. According to Mr. Whitehead on August 8, 2008, the tank broke at Lot 56 due to settling. The tank was fiberglassed in approximately April of According to Mr. Whitehead during the August 8, 2008, inspection, the high level alarms are activated after a substantial rain event. The liner was torn at the #3 recirculating sand filter. At the time of inspection, I was unable to determine if there is any surfacing at the leach fields due to the height of vegetation. This inspection is being referred to Water Division Enforcement Branch. Inspector Signature: Date of Report: Signature of Reviewer: Date of Review: May 8,2009 No Discharge Industrial Report Page 5

6 ADEQ Water Industrial No Discharge AFIN: «AFIN» Permit #: «Permit_» Water Division No Discharge Industrial Photographic Evidence Sheet Location: Sunset Bay Subdivision Photographer: Alison West Witness: NA Photo # 1 Of 3 Date: Time: 1:08 p.m. Description: IMGP2731. Recirculating sand filter #4-2 is not being maintained. Photographer: Alison West Witness: NA Photo # 2 Of 3 Date: Time: 1:10 p.m. Description: IMGP2734. Liner is torn at recirculating sand filter #3-1. No Discharge Industrial Report Page 6

7 ADEQ Water Industrial No Discharge AFIN: «AFIN» Permit #: «Permit_» Water Division No Discharge Industrial Photographic Evidence Sheet Location: Sunset Bay Subdivision Photographer: Alison West Witness: NA Photo # 3 Of 3 Date: Time: 1:10 p.m. Description: IMGP2732. Recirculating sand filter #3-1 is not being maintained. Photographer: Witness: Photo # Of Date: Time: Description: No Discharge Industrial Report Page 7

8 ADEQ Water Industrial No Discharge AFIN: «AFIN» Permit #: «Permit_» No Discharge Industrial Report Page 8

9 -----Original Message----- From: Mike Whitehead Sent: Monday, June 08, :50 PM To: Garner, Cindy Cc: West, Alison; 'Ted Suhl'; 'Bob Foster' Subject: Sunset Bay Mrs. Garner In accordance with the letter sent to Mr. Ted Suhl (Rolling Hills Investments) Dated May 6 th The two items pointed out as specific were the torn liner and the overgrowth. The torn liner is a result of weed eaters in the past getting to close to the liner. We do not use weed eaters next to the RSF s, roundup about 12 inch s out keeps the growth down. Upon inspection there is one or two areas that I will keep an eye on, that look like there could be something arise from in the future. The liner comes over the frame work on the inside and as a result, nearly all of the torn areas will not affect the performance of the system. The overgrowth has been addressed as well. There was a miscommunication from myself which has been taken care of and the area will be maintained in a park like fashion henceforth. As a Class 2 operator, I will do from month to month the things that need to be done to ensure proper operations. I will work with Mr. Suhl over the next 2 to 3 weeks to develop a corrective action plan for the system. I will get you a draft of that as soon as we have one. Thank you very much and have a great day. Respectfully Michael Whitehead President Nealey of Northwest Arkansas 5766 North Thompson, Suite F Bethel Heights, AR Phone Fax Cell mike@nealeynwa.com

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12 July 8, 2009 Ted Suhl Rolling Hills Investments, Inc Old Burr Road Warm Springs, AR RE: Sunset Bay, State Permit Number 4543-W, AFIN Response to Inspection Dear Mr. Suhl: The Department has received your response to the April 30, 2009 inspection of your facility by our District Field Inspector, Alison West. Your letter appears to adequately address the discrepancies identified during the visit. The Department assumes the corrective actions taken will be maintained to ensure consistent compliance with the requirements of the permit. Acceptance of this response by the Department does not preclude any future enforcement action deemed necessary at this site or any other site. 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 company and how expeditiously the violations were addressed in determining any civil penalty that may be necessary for any future violations. If we need further information concerning this matter, we will contact you. 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, Tracey Blake Enforcement Administrator Water Division, Enforcement Branch