Arkansas Department of Environmental Quality - Facility Evaluation · 2019-12-30 · The runoff water and underground water and filth, runs into cypress creek.The property is located

Illegal Dump Worksheet Revised 04-04-07 FOR ADEQ USE ONLY Inspector Signature:

Arkansas Department of Environmental Quality Solid Waste Management Division

Complaint/Illegal Dump Investigation Worksheet

County Faulkner PDS ID 008875 AFIN 23-00000 Page 1 of 2

Date Received 05/15/2009

Received By

J Lewis

Complainant Name / Address / Phone Anonymous Joyce Hightower 501-472-5819

Complaint Lodged Against / Address / Phone

TBF Trash Service Tommy Fowlkes – Owner 1171 Main Street Vilonia, AR 72173 (501) 796-3380

Location Description Complaint Description of Waste

Private personal property being used as a landfill. Trash collected by TBF is and has been used for years as a dump site for his business and buried by his personal bull dozer. The runoff water and underground water and filth runs into Cypress Creek. Complainant states that this has been reported several times and nothing has been done.

Property is located east of Hwy 107 and North of Hwy 319 - from Hwy. 319 in Vilonia go north on Hwy. 107 turn right into the second driveway and continue to a locked gate. Most garbage is beyond the gate.

Investigation Section

Date Investigated 5-18-09 Time Investigated 0720 – 0830

SECTION 1 Size of Waste Mass Violation Ranking Points

Length Width Height Total ~yd3

>640 yd³ 5 320 yd³ to 640 yd³ = 16 roll offs 5 160 yd³ to 320 yd³ = 8 roll offs 4 80 yd³ to 160 yd³ = 4 roll offs 3 40 yd³ to 80 yd³ = 2 roll offs 2 40 yd³ or < = 1 roll off 1

Size of Waste Mass Score 0

SECTION 2 Contents of Waste Mass Violation Ranking Points

Household Waste 5 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 3 Construction/Demolition Waste 3 Approximate Number of Tires: 3 3 Abandoned Vehicles /Auto Parts: {May contain gasoline, oil, antifreeze or other automotive fluids} 2 2

Other Bulky Waste: {i.e. TV’s, Furniture, Mattresses, etc.} 2 Yard Waste 1 Dead Animals 4 Other

Contents of Waste Mass Score 13

Illegal Dump Worksheet Revised 04-04-07 FOR ADEQ USE ONLY Inspector Signature:

ADEQ Complaint/Illegal Dump Investigation Worksheet PDS ID 008875 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 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 5 Site Usage Assessment Active, attractive nuisance; evidence of recent dumping 5 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

Site Assessment Score 23

*Violation Ranking: 1 (Least Serious Violation) to 5 (Most Serious Violation) TOTAL SCORE 36 GPS Reading

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

(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

Air Pollution Control Code §8-4-310(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 5-18-09 – On this date I arrived at the site of the complaint and noted a large amount of household waste, metals, plastics and other assorted wastes piled around an inoperable trash compactor truck. I then proceeded past the locked gate noted by the complainant and observed a large pile of bagged waste on the ground. Next, I continued up the road and noted a large number of tires, scrap metal automobile fuel tanks and other assorted wastes at the edge of some cleared ground. I documented all the noted wastes via photograph and exited the site. I then traveled to the residence/business address noted by complainant for TBF Trash Service and no one was home. This site has been the source of previous complaints (PDS #: 004130 and 004758). This complaint will be forwarded to the Solid Waste Management Division’s Enforcement Section to review for possible enforcement action.

Final Disposition

INVALID COMPLAINT x VALID COMPLAINT

No evidence found Letter Sent No illegal disposal occurring Follow-up Investigation Salvageable materials Response Received 8-6-205(a)(3) exemption No further action

Unknown violator – No further action Complaint Forwarded To

5/18/2009

TBF Trash Service Complaint_008875_Faulkner

5/18/2009


5/18/2009


5/18/2009


5/18/2009


5/18/2009


5/18/2009


5/18/2009


5/18/2009


5/18/2009


5/18/2009


5/18/2009


5/18/2009


5/18/2009


5/18/2009


5/18/2009


5/18/2009


5/18/2009


5/18/2009


5/18/2009


5/18/2009


file:///C|/Documents%20and%20Settings/lewis/Desktop/temp/contagion.txt[5/15/2009 8:26:08 AM]

From: Kathi Thompson [[email protected]]Sent: Thursday, May 14, 2009 5:45 PMTo: Lewis, JaniceSubject: contagion

As per our phone conversation 5-14-09. Private personal property being used as a landfill. Trash collected by TBF (tommy brenda fowlkes) is and has been used for years as a dump site for his business and buried by his personal bull dozer. The runoff water and underground water and filth, runs into cypress creek.The property is located east of 107 and north of 319 which is connected to 48 hwy 319 this has been an on going issue for years. The corrupt and intentional actions has ensured contamination and will pollute the streams of wildlife and domestic animals all livestock drink from that creek a catastrophe, a contagion, and destroy the environment. Time is of the essense as this is an ongoing field of activity. This has been reported several times and nothing has been done. Copies will be forwarded to all of interest. Pictures attached thankyou Joyce Hightower 501 472-5819 & amp; nbsp;

file:///C|/Documents%20and%20Settings/lewis/Desktop/temp/Fw%20Emailing%200427091439-01.txt[5/15/2009 8:26:09 AM]

From: Kathi Thompson [[email protected]]Sent: Thursday, May 14, 2009 5:48 PMTo: Lewis, JaniceSubject: Fw: Emailing: 0427091439-01.jpg

picture of tbf thankyou joyce 501-472-5819

----- Forwarded Message ----From: 2318PlateShop <[email protected]>To: Kathi Thompson <[email protected]>Sent: Wednesday, May 6, 2009 9:56:52 AMSubject: FW: Emailing: 0427091439-01.jpg

------ Forwarded MessageFrom: Lucas Traci - tlucas <[email protected]>Date: Wed, 6 May 2009 09:54:56 -0500To: 2318PlateShop <[email protected]>Conversation: Emailing: 0427091439-01.jpgSubject: FW: Emailing: 0427091439-01.jpg

<<0427091439-01.jpg>>

-----Original Message-----From: Jennings Kelly - kjenniSent: Wednesday, May 06, 2009 9:55 AMTo: Lucas Traci - tlucasSubject: Emailing: 0427091439-01.jpg

The message is ready to be sent with the following file or linkattachments:

0427091439-01.jpg

Note: To protect against computer viruses, e-mail programs may preventsending or receiving certain types of file attachments. Check youre-mail security settings to determine how attachments are handled.*************************************************************************The information contained in this communication is confidential, isintended only for the use of the recipient named above, and may belegally privileged.

If the reader of this message is not the intended recipient, you arehereby notified that any dissemination, distribution or copying of thiscommunication is strictly prohibited.

If you have received this communication in error, please resend thiscommunication to the sender and delete the original message or any copyof it from your computer system.

file:///C|/Documents%20and%20Settings/lewis/Desktop/temp/Fw%20Emailing%200427091439-01.txt[5/15/2009 8:26:09 AM]

Thank you.*************************************************************************

------ End of Forwarded Message

This message, including its attachments, constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. Section 2510. This message is the confidential property of RockTenn, and disclosure is strictly limited to recipients intended by the sender. Unless previously authorized in writing, this message does not constitute an offer, acceptance, or agreement of any kind. This message may contain confidential attorney-client privileged information and attorney work product. If you are not the intended recipient, or responsible for delivering e-mail to the intended recipient, you are advised that use, dissemination, forwarding, printing, or copying of this message is STRICTLY PROHIBITED. If you receive this message in error, please notify the sender immediately by return e-mail and delete the message entirely from your system. Sender is not liable for damage caused by viruses transmitted with this message, or errors or omissions in content caused by transmission.(c) RockTenn, Norcross, GA.