Illegal Dump Worksheet 12-12-03 FOR ADEQ USE ONLY Inspector Signature

Arkansas Department of Environmental Quality Solid Waste Management Division

Complaint/Illegal Dump Investigation Worksheet

Page 1 of 2 County: Pulaski AFIN: 60-00000

Complaint Lodged Against: Clarence Bryels 8524 Colonel Miller Road Little Rock, AR 72210

PDS ID: 3734 Access ID:

x

Valid

Invalid

Complainant Name & Address: Dean F. VanDerhoff ADEQ Emergency Response Manager Phone:

Unknown

Location Description: 8524 Colonel Miller Road.

Complaint Description of Waste: The burned piles contained shingles, roof section, plywood, vehicle gas tank, plastic jugs, buckets, tires, vehicle seat, cardboard, glass bottles, sheetrock, rugs and a 5 gallon plastic bucket labeled Coastal Lubricant.

Complaint Received by: Flora Wrather Date Received: July 14, 2006

Section 1: Size of Waste Mass Pts Points Total Length Width Height Total Approx. Cyd

>640 yd³ 5 0 320 yd³ to 640 yd³ = 16 roll offs 5 0 160 yd³ to 320 yd³ = 8 roll offs 4 0 80 yd³ to 160 yd³ = 4 roll offs 3 0 40 yd³ to 80 yd³ = 2 roll offs 2 0 40 yd³ or < = 1 roll off 1 1 5 {Section 1 Multiplier=5} Size of Waste Mass Score 5

Section 2: Contents of Waste Mass Pts Points Total

Household Waste 5 5 15 Hazardous items {i.e. paint thinner, cleaning chemicals, oil cans, herbicides, medical waste, asbestos} 5 5 15 White Waste {i.e. Refrigerators and appliances that may contain Freon} 3 3 9 Construction/Demolition Waste 3 3 9 Approximate Number of Tires: 3 0 Abandoned Vehicles /Auto Parts: {May contain gasoline, oil, antifreeze or other automotive fluids} 2 2 6 Other Bulky Waste: {i.e. TV’s, Furniture, Mattresses, etc.} 2 2 6 Yard Waste 1 0 Dead Animals 4 0 Other 0 {Section 2 Multiplier = 3} Contents of Waste Mass Score 60

Illegal Dump Worksheet 12-12-03 FOR ADEQ USE ONLY Inspector Signature

Section 3: Site Assessment Pts Points Total Air Pollution Open Burning 5 0 Air Pollution Evidence of Open Burning 4 4 16 Air Pollution Strong; Foul Order Present 3 3 12 Water Pollution Waste in or near standing or flowing water 5 0 Water Pollution High probability of leachate (run-off) into ground/surface water 5 5 20 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 5 20 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 68

TOTAL for Section 1 & 2 65 Date Investigated: 07/17/06

Time Investigated: 1345 - 1400 (F9) TOTAL SCORE 133

GIS: N 34º 40’ 28.7”; W 092º 25’ 59.8”

Section 4: Violations

Solid Waste Management Act §8-6-205 x

(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

x (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

x (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

x

(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 §8-4-101 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 §8-4-310(a)(1)(2)(3)

x 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 §8-6-406 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:

July 25, 2006 Document ID # - 003734-comp Mr. Clarence Bryels 8524 Colonel Miller Rd. Little Rock, AR 72210 Dear Mr. Bryels: On July 17, 2006, I performed an investigation of your property located on Colonel Miller Road in Pulaski County. This investigation was in response to a complaint alleging illegal dumping and burning of waste. My investigation revealed that you are in violation of the Arkansas Air Pollution Control Code A.C.A. '8-4-310, and the Arkansas Solid Waste Management Act, A.C.A. '8-6-205. Specifically, I found the following violation(s):

1. Operation of an unpermitted solid waste disposal facility, which is in violation of '8-6-205 (a)(1)(2), (3), and (5). The waste dumped at this site consists of automobile parts, appliances, furniture, 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."

2. Open burning of this waste which is in violation of the Arkansas Air

Pollution Control Code, A.C.A. ' 8-4-310(a)(1)(2), and (3). 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 and undertake measures to correct the above violation. You should notify me in writing at the address below or call (501)682-0581 within 20 days of the date of this letter with a plan of action for correcting these violations. Please be advised, that failure to make contact with me in regard to this notification may warrant formal enforcement action. Your cooperation is appreciated. Sincerely,

Kenneth Burks, Inspector Solid Waste Division cc: Enforcement Branch Files, SWD

Flora Wrather, Illegal Dump Program, SWD Lindsay Moore, Air Inspector Supervisor, ADEQ

Complaint Investigation and Illegal Dump Worksheet Attachment

Location: Colonel Miller Road

County: Pulaski

Inspector: Ken Burks

Date: 07/17/06

Follow-Up Investigation PDS ID: 3734 Access ID:

Comments: 07/17/06 – I entered the site on this date after receiving a report from Dean____ Vanderhoff, ADEQ Response Manager, regarding the burning of solid waste. I_ noted a burn area containing shingles, a microwave, a full five gallon container of Coastal Lubricant, an automobile fuel tank, paper, tin roofing, bed springs,__ metal fencing, the metal remnants of furniture, plastic bottles, an automobile__ seat, empty five gallon plastic buckets, and carpet. Some of these items were_ partially burned. I took photographs and exited the area.___________________ ____________________________________________________________________08/09/06 – I received a letter on this date from Mr. Bryels stating he had cleaned up the waste and transported it to a permitted solid waste disposal facility. The letter was accompanied by receipts from the City of Little Rock Landfill.______ ____________________________________________________________________08/28/06 – I arrived at the site on this date to verify if the waste had been______ removed. All waste noted in previous inspection was confirmed to have been removed from the premises and waste disposal receipts were provided.__ No further action planned._____________________________________________ ____________________________________________________________________

FURTHER ACTION TAKEN/TO BE TAKEN:

I will send a letter to Mr. Bryels._______________________________________

Inspector Signature: Date: 07/17/06 Form Revised 12-12-03

July 27, 2006 July 10th, at 1440, I received a call from Andy Traffanstedt, Pulaski County OEM, that we were being requested to an illegal burn by the Crystal Fire Chief on Col. Miller Road, Pulaski County. We arrived at 1515 and found Crystal and Alexander Fire Departments working the fire, arriving at 1431 and 1432 respectively. The fire was behind the residence at 8524 Col. Miller and adjacent to a storage business at 8510. Both properties are owned by a Mr. Clarence Bryels who resides at 8524. His contact numbers are 455-1654 business, and 455-0625 residence. Mr. Bryels stated he was burning a pile of brush and the fire got away from him, burning the debris pile behind his initial fire. A review of the site could not determine remains of a brush fire separate from the debris fire. The fire spread to a second debris pile behind the first one and then into a wooded area past the fence line. The fire was contained by the time we arrived and photos were taken to record the incident. The burned piles contained shingles, roof sections, plywood, vehicle gas tank, plastic jugs and buckets with unknown chemical contents, metal buckets with unknown contents, miscellaneous metals plastic materials, cut wood (trees), tires, vehicle seat, cardboard, glass bottles, sheetrock, rugs and a 5 gallon plastic bucket labeled Coastal Lubricant. I met with Mr. Bryels and he contends the fire spread was accidental and he tried to contain it with a backhoe, but it would not start. I advised him of the violations and the possible ramifications if this continued and recommended he start his backhoe to assist the fire department as they requested. I informed him that a complaint file would be opened on this incident and to expect inspectors from air and solid waste. With assistance from others on scene, he was able to start the backhoe and spread the piles out so they could be more effectively treated. After the fire was extinguished, I met again with Mr. Bryels to discuss cleanup of the site. I informed him that the only yard waste that was allowed to be burned was waste generated on site, but we strongly encouraged recycling instead. No other materials are allowed to be burned. He asked about disposal and was instructed to dispose in a licensed landfill, and to forward a copy of the receipt to this office as proof of proper disposal. I indicated he would clean the site by the 23rd. We left the site at 1635. Photos were taken and will be forwarded to air and solid waste divisions, with follow up contact to determine any actions taken. Dean F. VanDerhoff ADEQ Emergency Response Manager

-----Original Message----- From: VanDerhoff, Dean Sent: Wednesday, July 12, 2006 2:47 PM To: Wrather, Flora Subject: Col. Miller Road burn

It was a bad day for illegal burning. We were requested through Pulaski County OEM by the Crystal Fire Chief. Thanks for all you help. Dean

Arkansas Department of Environmental Quality Official Photograph Sheet Page 1 of 3 Subject: Location: 8524 Col Miller (Pulaski) Photographer: Dean VanDerhoff Date: 07-10-06 Time: 1521 Description: Arrived on scene, fire under control, obvious trash, household items and general debris.

Date: 07-10-06 Time: 1521 Description: North side of main pile, showing metal debris and charred tree sections.

Date: 07-10-06 Time: 1522 Description: West view of debris pile behind main fire. Fire extended past this second pile onto property beyond fence.

Arkansas Department of Environmental Quality Official Photograph Sheet Page 2 of 3 Subject: Location: 8524 Col Miller (Pulaski) Photographer: Dean VanDerhoff Date: 07-10-06 Time: 1522 Description: View Northwest of main fire site. Charred ground beyond fence into pines.

Date: 07-10-06 Time: 1523 Description: Fire path towards tree line.

Date: 07-10-06 Time: 1523 Description: View East from back of fire site towards Col. Miller Road. Note charred utility poles to right.

Arkansas Department of Environmental Quality Official Photograph Sheet Page 3 of 3 Subject: Location: 8524 Col Miller (Pulaski) Photographer: Dean VanDerhoff Date: 07-10-06 Time: 1524 Description: New shingle bundles to left of fire, close enough to melt bundle wrap.

Date: 07-10-06 Time: 1524 Description: South side of main fire site. Materials found burning; shingles, roof sections, plywood, vehicle gas tank, plastic containers containing unknown chemicals, metal and plastic buckets of unknown material contents, miscellaneous metals and plastic materials, cut wood (trees), tires, vehicle seat, cardboard, glass bottles, sheet rock and rugs. A 5 gallon plastic bucket of Coastal brand lubricant was removed from the fire edge. This is a partial list of materials found.

Date: Time: Description:

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