August 24, 2023
Walter G. Wright
Arkansas Environmental, Energy, and Water Law
As previously noted in April 19th and 18th blogs, the Mayor of Tontitown and certain individuals filed separate Requests for Adjudicatory Hearing and Commission Review (collectively “Petitioners”) before the Arkansas Pollution Control & Ecology (“Commission”) challenging the Arkansas Department of Energy & Environment – Division of Environmental Quality’s (“DEQ”) issuance of a permit for the Eco-Vista Landfill (“Eco-Vista”) in or near the City of Tontitown, Washington County, Arkansas. See Consolidated Docket No. 23-008-P.
The permit has been described as involving the expansion of the Eco-Vista Landfill.
The Petitioners referenced above filed on August 22nd a pleading styled:
Individual Petitioners and Mayor Russell and the City of Tontitown’s Joint Brief in Support of Second Motion for Summary Judgment (“Brief”)
The Brief is stated to seek summary judgment on three points:
- ADEQ Fails to Address APC&EC Rule 22.203 in its Permitting Decision
- The July of 2018 Tontitown Resolution Does Not Meet APC&EC Rule 22.203 Requirements
- The August of 2023 Tontitown Resolution Does Meet APC&EC Rule 22.203 Requirements
The Petitioners request that the Administrative Law Judge grant summary judgment.
A copy of the Brief can be downloaded here.
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