Document ID # comp

June 8, 2009

Mr. Tim Brown and Mrs. Vickie Brown

P.O. Box 1735

Van Buren, AR 72956

Dear Mr. and Mrs. Brown:

On June 3, 2009, I p erformed an investigation of y our property located at 410 Jefferson, i n Van Buren,

AR and your property located just South of 3739 North Hwy 59, in Van Buren, AR. - (Crawford County

parcel # 0 01-04840-000) in Crawford County. This in vestigation was in respon se to a com plaint 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 unpe rmitted solid waste disposal facility, which i s in violation of

'8-6-205 (a) (3), (4) a nd (5). Th e wa ste dum ped at this site consists of the

demolished building formerly located at 410 Jefferson, in Van Buren, AR.

"No

person shall dispose of solid waste at any disp osal site or facility other

than a disposal site or facility for which a perm it 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 anyo ne who viola tes any p rovision of t he Solid Wa ste Management Act may be subj ect to

criminal, adm inistrative a nd civil pen alties u p to $10,000. You should imm ediately cea se t he a ctivity

described and undertake measures to correct the a bove violation. You sho uld notify me, in writin g, at

P.O. Box 11045, Fort Smit h, AR 72917-1045, or call (479) 452-4822 ext. 12

within 20 days of the date

of this letter with a plan of action for correcting these violations.

Please be advised, that fai lure to make contact with me in regard to this notification may warrant formal

enforcement action. Your cooperation is appreciated.

Sincerely,

Justin Sparrow, Inspector

Solid Waste Division

cc:

ADEQ Air Division

ADEQ Asbestos Enforcement Division

Larry Gordon Construction Company

June 8, 2009

Mr. Larry Gordon

Larry Gordon Construction Company

621 Linda Lane

Van Buren, AR 72956

Dear Mr. Gordon:

On June 3, 2009, I performed an investigation of a demolition project you performed at 410 Jefferson, in

Van Buren, AR, and observed your dump trucks dumping a demolished building at a property located just

South of 3739 North Hwy 59, in Van Buren, AR. - (Crawford County Parcel # 001-04840-000) in Crawford

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 unpe rmitted solid waste disposal facility, which i s in violation of

'8-6-205 (a) (3), (4) a nd (5). Th e wa ste dum ped at this site consists of the

demolished building formerly located at 410 Jefferson, in Van Buren, AR.

"No

person shall dispose of solid waste at any disp osal site or facility other

than a disposal site or facility for which a perm it 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 anyo ne who viola tes any p rovision of t he Solid Wa ste Management Act may be subj ect to

criminal, adm inistrative a nd civil pen alties u p to $10,000. You should imm ediately cea se t he a ctivity

described and undertake measures to correct the a bove violation. You sho uld notify me, in writin g, at

P.O. Box 11045, Fort Smith, AR 72917-1045, or call (479) 452-4822 ext. 12, within 20 days of the date

of this letter with a plan of action for correcting these violations.

Please be advised that failure to ma ke contact with me in regard to this notification may warrant formal

enforcement action. Your cooperation is appreciated.

Sincerely,

Justin Sparrow, Inspector

Solid Waste Division

cc:

ADEQ Air Division

ADEQ Asbestos Enforcement Division

Tim and Vickie Brown

Arkansas Department of Environmental Quality

Solid Waste Management Division

Complaint/Illegal Dump Investigation Worksheet

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

County Crawford PDS ID 008966 AFIN 17-00000 Page 1 of 2

Date Received 6-3-09 Received _By Sparrow

Complainant Name / Address / Phone Anonymous

Violations personally witnessed by Solid Waste Division inspector.

Complaint Lodged Against / Address / Phone Tim Brown and Vickie Brown

P.O. Box 1735 Van Buren, AR 72956

Location Description Complaint Description of Waste

Illegal Dumping and Burning occurred on Crawford County parcel #001-04840-000. This property is located just to the South of 3739 N. Hwy 59, Van Buren, AR 72956

Building located at 410 Jefferson St., Van Buren, AR, (a.k.a. Star Video building) was demolished and then transported to the location noted by Larry Gordon

Construction Company, then burned.

Investigation Section

Date Investigated 6-3-09 Time Investigated 0900

SECTION 1

Size of Waste Mass

320 yd³ to 640 yd³ = 16 roll offs 5

160 yd³ to 320 yd³ = 8 roll offs 4 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 4

SECTION 2

Contents of Waste Mass

Household Waste 5

Hazardous items {i.e. paint thinner, cleaning chemicals, oil cans, herbicides, medical waste, asbestos} 5

White Waste {i.e. Refrigerators and appliancesthat may contain Freon} 3

Construction/Demolition Waste 3 3

Approximate Number of Tires: 3

Abandoned Vehicles /Auto Parts: {May contain gasoline, oil, antifreeze or other automotive fluids} 2 Other Bulky Waste: {i.e. TV’s, Furniture, Mattresses, etc.} 2

Yard Waste 1

Dead Animals 4

Other

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

ADEQ Complaint/Illegal Dump Investigation Worksheet

PDS ID

_{Page 2 of 2}

SECTION 3

Site Assessment

Air Pollution Open Burning 5 5

Air Pollution Evidence of Open Burning 4

Air Pollution Strong; Foul Order Present 3

Water Pollution Waste in or near standing or flowing water 5

Water Pollution Probability of leachate (run-off) into ground/surface water 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

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 10 *Violation Ranking: 1 (Least Serious Violation) to 5 (Most SeriousViolation)

TOTAL SCORE

17

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)

x

Investigation Comments

See attached comments page for details of this investigation.

Final Disposition

INVALID COMPLAINT x VALID COMPLAINT

No evidence found x _{Letter Sent}

No illegal disposal occurring Follow-up Investigation

Salvageable materials Response Received

8-6-205(a)(3) exemption No further action

Arkansas Department of Environmental Quality

Solid Waste Management Division

Complaint/Illegal Dump Investigation Worksheet Attachment

Illegal Dump Worksheet Attachment FOR ADEQ USE ONLY Inspector Signature: Revised 04-03-07

County Crawford PDS ID 008966 Date 06/03/2009 Follow-up Investigation Page 3 Location South of 3739 North Hwy 59, Van Buren, AR

Investigation Comments

Comments and Description for Tim and Vickie Brown Complaint:

On June 3, 2009, I drove past a demolition project on the site located at 410 Jefferson Street, in Van Buren.

(Formerly the Star Video building) I observed the demolished building being loaded into a white dump truck

with a red logo on the door. I stopped and asked the operator of the demolition equipment if the material was

being taken to the City of Fort Smith Class IV Landfill. The operator explained to me that he was working for

Larry Gordon Construction and that he did not know where the material was being hauled.

Approximately an hour later I observed a white dump truck that appeared to be loaded with the same type of

debris driving North on Hwy. 59, North of Van Buren. (The City of Fort Smith Class IV landfill is South of Van

Buren)

I then went to the Crawford County Real Estate Appraisal office and found the property at 410 Jefferson Street

was owned by Tim and Vickie Brown. County records also showed Mr. and Mrs. Brown own property

approximately two miles North of Van Buren where a beneficial fill operation has been ongoing for the last

year.

I drove to the property located just to the South of 3739 North Hwy. 59, Van Buren, Arkansas, and I observed

the white dump truck in the process of dumping demolition debris into a fire. (See Photos and Video)

Final Disposition

From: Sparrow, Justin

To: Miesner, David; Huntington, Lloyd; Thrower, Torrence; Wilson, Rhonda

Cc: Love, Heidi; McWilliams, Scott; Lewis, Janice

Subject: Complaint Referral

Date: Tuesday, June 09, 2009 10:23:09 AM

Attachments: 008966-comp Tim and Vickie Brown.pdf

Please review the attached complaint.

Feel free to call me if you would like any further details. Thanks,

June 8, 2009

Mr. Tim Brown and Mrs. Vickie Brown

P.O. Box 1735

Van Buren, AR 72956

Dear Mr. and Mrs. Brown:

On June 3, 2009, I p erformed an investigation of y our property located at 410 Jefferson, i n Van Buren,

AR and your property located just South of 3739 North Hwy 59, in Van Buren, AR. - (Crawford County

parcel # 0 01-04840-000) in Crawford County. This in vestigation was in respon se to a com plaint 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 unpe rmitted solid waste disposal facility, which i s in violation of

'8-6-205 (a) (3), (4) a nd (5). Th e wa ste dum ped at this site consists of the

demolished building formerly located at 410 Jefferson, in Van Buren, AR.

"No

person shall dispose of solid waste at any disp osal site or facility other

than a disposal site or facility for which a perm it 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 anyo ne who viola tes any p rovision of t he Solid Wa ste Management Act may be subj ect to

criminal, adm inistrative a nd civil pen alties u p to $10,000. You should imm ediately cea se t he a ctivity

described and undertake measures to correct the a bove violation. You sho uld notify me, in writin g, at

P.O. Box 11045, Fort Smit h, AR 72917-1045, or call (479) 452-4822 ext. 12

within 20 days of the date

of this letter with a plan of action for correcting these violations.

Please be advised, that fai lure to make contact with me in regard to this notification may warrant formal

enforcement action. Your cooperation is appreciated.

Sincerely,

Justin Sparrow, Inspector

Solid Waste Division

cc:

ADEQ Air Division

ADEQ Asbestos Enforcement Division

Larry Gordon Construction Company

June 8, 2009

Mr. Larry Gordon

Larry Gordon Construction Company

621 Linda Lane

Van Buren, AR 72956

Dear Mr. Gordon:

On June 3, 2009, I performed an investigation of a demolition project you performed at 410 Jefferson, in

Van Buren, AR, and observed your dump trucks dumping a demolished building at a property located just

South of 3739 North Hwy 59, in Van Buren, AR. - (Crawford County Parcel # 001-04840-000) in Crawford

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 unpe rmitted solid waste disposal facility, which i s in violation of

'8-6-205 (a) (3), (4) a nd (5). Th e wa ste dum ped at this site consists of the

demolished building formerly located at 410 Jefferson, in Van Buren, AR.

"No

person shall dispose of solid waste at any disp osal site or facility other

than a disposal site or facility for which a perm it 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 anyo ne who viola tes any p rovision of t he Solid Wa ste Management Act may be subj ect to

criminal, adm inistrative a nd civil pen alties u p to $10,000. You should imm ediately cea se t he a ctivity

described and undertake measures to correct the a bove violation. You sho uld notify me, in writin g, at

P.O. Box 11045, Fort Smith, AR 72917-1045, or call (479) 452-4822 ext. 12, within 20 days of the date

of this letter with a plan of action for correcting these violations.

Please be advised that failure to ma ke contact with me in regard to this notification may warrant formal

enforcement action. Your cooperation is appreciated.

Sincerely,

Justin Sparrow, Inspector

Solid Waste Division

cc:

ADEQ Air Division

ADEQ Asbestos Enforcement Division

Tim and Vickie Brown

Arkansas Department of Environmental Quality

Solid Waste Management Division

Complaint/Illegal Dump Investigation Worksheet

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

County Crawford PDS ID 008966 AFIN 17-00000 Page 1 of 2

Date Received 6-3-09 Received _By Sparrow

Complainant Name / Address / Phone Anonymous

Violations personally witnessed by Solid Waste Division inspector.

Complaint Lodged Against / Address / Phone Tim Brown and Vickie Brown

P.O. Box 1735 Van Buren, AR 72956

Location Description Complaint Description of Waste

Illegal Dumping and Burning occurred on Crawford County parcel #001-04840-000. This property is located just to the South of 3739 N. Hwy 59, Van Buren, AR 72956

Building located at 410 Jefferson St., Van Buren, AR, (a.k.a. Star Video building) was demolished and then transported to the location noted by Larry Gordon

Construction Company, then burned.

Investigation Section

Date Investigated 6-3-09 Time Investigated 0900

SECTION 1

Size of Waste Mass

320 yd³ to 640 yd³ = 16 roll offs 5

160 yd³ to 320 yd³ = 8 roll offs 4 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 4

SECTION 2

Contents of Waste Mass

Household Waste 5

Hazardous items {i.e. paint thinner, cleaning chemicals, oil cans, herbicides, medical waste, asbestos} 5

White Waste {i.e. Refrigerators and appliancesthat may contain Freon} 3

Construction/Demolition Waste 3 3

Approximate Number of Tires: 3

Abandoned Vehicles /Auto Parts: {May contain gasoline, oil, antifreeze or other automotive fluids} 2 Other Bulky Waste: {i.e. TV’s, Furniture, Mattresses, etc.} 2

Yard Waste 1

Dead Animals 4

Other

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

ADEQ Complaint/Illegal Dump Investigation Worksheet

PDS ID

_{Page 2 of 2}

SECTION 3

Site Assessment

Air Pollution Open Burning 5 5

Air Pollution Evidence of Open Burning 4

Air Pollution Strong; Foul Order Present 3

Water Pollution Waste in or near standing or flowing water 5

Water Pollution Probability of leachate (run-off) into ground/surface water 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

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 10 *Violation Ranking: 1 (Least Serious Violation) to 5 (Most SeriousViolation)

TOTAL SCORE

17

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)

x

Investigation Comments

See attached comments page for details of this investigation.

Final Disposition

INVALID COMPLAINT x VALID COMPLAINT

No evidence found x _{Letter Sent}

No illegal disposal occurring Follow-up Investigation

Salvageable materials Response Received

8-6-205(a)(3) exemption No further action

Arkansas Department of Environmental Quality

Solid Waste Management Division

Complaint/Illegal Dump Investigation Worksheet Attachment

Illegal Dump Worksheet Attachment FOR ADEQ USE ONLY Inspector Signature: Revised 04-03-07

County Crawford PDS ID 008966 Date 06/03/2009 Follow-up Investigation Page 3 Location South of 3739 North Hwy 59, Van Buren, AR

Investigation Comments

Comments and Description for Tim and Vickie Brown Complaint:

On June 3, 2009, I drove past a demolition project on the site located at 410 Jefferson Street, in Van Buren.

(Formerly the Star Video building) I observed the demolished building being loaded into a white dump truck

with a red logo on the door. I stopped and asked the operator of the demolition equipment if the material was

being taken to the City of Fort Smith Class IV Landfill. The operator explained to me that he was working for

Larry Gordon Construction and that he did not know where the material was being hauled.

Approximately an hour later I observed a white dump truck that appeared to be loaded with the same type of

debris driving North on Hwy. 59, North of Van Buren. (The City of Fort Smith Class IV landfill is South of Van

Buren)

I then went to the Crawford County Real Estate Appraisal office and found the property at 410 Jefferson Street

was owned by Tim and Vickie Brown. County records also showed Mr. and Mrs. Brown own property

approximately two miles North of Van Buren where a beneficial fill operation has been ongoing for the last

year.

I drove to the property located just to the South of 3739 North Hwy. 59, Van Buren, Arkansas, and I observed

the white dump truck in the process of dumping demolition debris into a fire. (See Photos and Video)

Final Disposition