Asbestos Enforcement: Arkansas Department of Environmental Quality and Owner/Operator of Bentonville, Arkansas Demolition Activity Enter into Consent Administrative Order
May 30, 2019
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The Arkansas Department of Environmental Quality (“ADEQ”) and Primeco, LLC (“Primeco”) entered into a May 7th Consent Administrative Order (“CAO”) alleging violations of Arkansas Pollution Control and Ecology Commission Regulation 21 (Asbestos Regulations). See LIS No. 19-047.
The CAO states that Primeco demolished or caused to be demolished a structure located in Bentonville, Arkansas.
The structure in question is stated to constitute a “facility” as defined in Arkansas Pollution Control and Ecology Commission Regulation 21. Further, Primeco is stated to meet the definition of an "Owner or Operator of a demolition activity" as defined in the same regulation.
ADEQ personnel are stated to have investigated a complaint that demolition had begun on a Bentonville site. The investigation was undertaken on January 10th. Such investigation is stated to have indicated that Primeco failed to conduct or have conducted a thorough asbestos inspection of the affected facility prior to demolition.
Primeco is stated to have failed to have submitted a written Notice of Intent and appropriate Notice of Intent fee to ADEQ at least ten (10) working days prior to commencing the demolition activity.
ADEQ is stated to have informed Primeco of the compliance issues identified during the investigation. Primeco responded to ADEQ indicating the alleged violations would not be repeated.
The CAO assesses a civil penalty of $800.
A copy of the CAO can be downloaded here.
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