April 19, 2023
Walter G. Wright
Arkansas Environmental, Energy, and Water Law
Tontitown Mayor Angie Russell and the City of Tontitown filed a Request for Hearing and Adjudicatory Review (“Request”) on April 17th before the Arkansas Pollution Control & Ecology Commission (“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.
The permit is stated to be related to the expansion of the Eco-Vista Landfill.
The April 17th Request is the second challenge that has been filed before the Commission. Several individuals filed a similar request on April 14th.
Eco-Vista is stated to have submitted in July of 2021 an application for a permit modification to permit disposal of waste on an additional 12.2 acres at its existing 600-acre site. DEQ is stated to have issued a final permitting decision on March 17th which granted a modification to the Eco-Vista permit allowing an expansion.
The Request’s arguments challenging the permit include:
- Commission Reg. 22.203(b): Municipal Approval Does Not Exist Here
- Commission Reg. 8.211(A)(2): DEQ Fails to Properly Respond to the Tontitown Resolution
- Commission Reg. 22.204: The Applicant and DEQ Fail to Consider Alternative Locations
- Commission Reg. 8.209(A)(1): Failure to Provide Required Notice to Interested Parties
- Commission Reg. 22.607 and 8.211(A)(2): Failure to Address or Consider Conditions Raised in Comments
- Commission Reg. 22.612: Air Quality Concerns
- Commission Reg. 22.615 and 22.620: Dye testing and Ground and Surface Water Pollution Prohibitions
A copy of the Request can be downloaded here.
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