response/ baxter co

1

Womble, Michelle

From: Norton, DarrellSent: Monday, March 20, 2017 12:48 PMTo: Womble, MichelleSubject: FW: Tommy RandAttachments: midway cleanup 2 2017.jpg; midway cleanup 2017.jpg

Importance: High

CR 511 Response/ Baxter Co.

From: Sonia Rand [mailto:[email protected]] Sent: Monday, March 20, 2017 10:11 AM To: Norton, Darrell Subject: Tommy Rand Importance: High Hello Mr. Norton: We completed the clean up of my property located at CR 511 yesterday, Sunday March 19, 2017. I have attached pictures of the site. It is completely clean. Please confirm if this is satisfactory to you and if the complaint is considered closed. I appreciate your help in this matter and thank you for your time. Please let me know if there is anything else I need to do. Tommy Rand 870‐404‐4174

ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 NORTHSHORE DRIVE / NORTH LITTLE ROCK / ARKANSAS 72118-5317

TELEPHONE 501-682-0744 / FAX 501-682-0880 / www.adeq.state.ar.us

. March 7, 2017 Mr. Tommy Rand 152 Lets Rodeo Trail Mountain Home, AR 72653 RE: Complaint Investigation conducted on March 1, 2017 Complaint PDS # 021232 Dear Mr. Rand: The Arkansas Department of Environmental Quality – Office of Land Resources (ADEQ) conducted a complaint investigation of your property off of CR 511 in Gassville, Arkansas, pursuant to the Arkansas Solid Waste Management Act (Arkansas Code, Annotated, § 8-6-201, et.seq.) of 1971, as amended, and APC&EC Regulation No. 22 (Solid Waste Management). The investigation identified conditions at the property which the ADEQ alleges constitute violations of Arkansas Solid Waste Management Act, A.C.A. '8-6-205. A copy of the complaint investigation report is attached. You should immediately initiate all actions necessary to resolve and correct the alleged violations cited in the attached report. Written notification of the corrective actions taken or to be taken for the alleged violations must be submitted within thirty (30) calendar days from the date of this letter to the attention of Darrell Norton. This written notification should include, but not be limited to, photographs and/or copies of permitted disposal receipts documenting correction of violations. If you have any questions regarding the alleged violations, please do not hesitate to contact me at (501) 837-6909 or [email protected]. Sincerely,

Darrell Norton Solid Waste Inspector Office of Land Resources cc: Tammie J. Hynum, Acting Sr. Operations Manager, Office of Land Resources

mailto:[email protected]

Complaint Report 12/1/2016

COMPLAINT# 021232 AFIN# 03-00000 DATE RECEIVED 2/22/2017

PERMIT# / RST ID# / EPA ID# COUNTY Baxter PERSON RECEIVING REPORT Michelle Womble DATE 2/22/2017 HOW COMPLAINT WAS RECEIVED PHONE LETTER EMAIL/WEBSITE EPA VERBAL COMPLAINANT NAME ADDRESS PHONE Coleen Wall NA NA

COMPLAINT AGAINST ADDRESS PHONE Tommy Rand – property owner

CR 511, Gassville, AR

NA

COMPLAINT DESCRIPTION

Illegal dumping

LOCATION (In Detail)

Take AR-69 N for approximately 28.7 miles. Turn right onto AR-9 N/Dixon Road. Turn left onto AR-56 W. Turn right onto AR-223 N. Turn left onto State Hwy. 177. Make a slight right onto Hwy. 55. Continue onto E 9th St. Turn right onto US-62 BUS E. Continue straight onto S. Main ST. Turn left onto W 6th St. Continue onto State Hwy. 178/W Rd/Westley Chapel Drive. Turn right onto AR-126 N. Turn left onto CR 9. Turn right onto CR 511.

SUPERVISOR REFERRAL Heidi Love DATE 2/22/2017 MEDIA SUPERVISOR REFERRAL DATE RECEIVING INSPECTOR Darrell Norton DATE 2/22/2017 PREVIOUS COMPLAINT YES NO MEDIA Solid Waste DATE 3/19/2015 DISCHARGE TO STREAM YES NO NAME OF STREAM

ADDITIONAL INFORMATION

Previous complaint number’s 181261 and 181369

Arkansas Department of Environmental Quality 5301 Northshore Drive, North Little Rock, AR 72118

Office of Land Resources

HAZARDOUS WASTE MINING REGULATED STORAGE TANKS SOLID WASTE

COMPLAINT REPORT

Complaint Report 12/1/2016

FOLLOW UP ON COMPLAINT

COMPLAINT# 021232 INSPECTOR Darrell Norton DATE 3/1/2017

INVESTIGATION FINDINGS On March 1, 2017, I conducted an investigation into the alleged illegal disposal of solid waste occurring off of CR 511 in Baxter County. The complainant stated the property the disposal was occurring on belonged to a Mr. Tommy Rand. Upon arriving at the site, the entrance to the property was gated, but a travel trailer with scattered household waste could be seen from the county road. I stopped at an adjacent residence and made contact with a Mr. Adams. Mr. Adams stated that the travel trailer was vacant to his knowledge and had been for several months. Mr. Adams stated that the adjacent property with the scattered waste did belong to a Mr. Tommy Rand. I was allowed to cross Mr. Adams property to photograph the solid waste present on Mr. Rand’s property (see photos 1-4). Actdatascout.com indicates that the property with the solid waste does belong to Mr. Tommy Rand. Mr. Rand will be sent a letter regarding the violations occurring on his property.

FUTURE ACTIONS Valid/letter sent

PHOTOS YES (Attached) NO FUNCTION CODE 10401

INSPECTOR SIGNATURE

DATE

3/2/2017

HOURS WORKED

3.5

Solid Waste Worksheet 1/17/2017

COMPLAINT# 021232 INSPECTOR Darrell Norton INVESTIGATION DATE 3/1/2017 PERSON INTERVIEWED Neighbor: Mr. Adams GPS READING 36°21'34.79"N 92°28'30.60"W

INVESTIGATION APPROXIMATE WASTE MASS SIZE MEASUREMENTS 100’x 100’ Scattered household waste

WASTE MASS CONTENTS ≈ % COMMENTS

Household Waste 100 Bottles, cans, paper, general household waste White Waste/Bulky Waste/E-Waste Construction/Demolition Waste Tires Abandoned Vehicles/Auto Parts Yard Waste

Dead Animals/Other

SITE ASSESSMENT COMMENTS Open burning; evidence of open burning; strong odor present Waste in or near water; probability of leachate Vectors sighted; evidence of vectors Site attended or maintained for a fee History of previous complaints 181261 and 181369 Evidence of recent dumping/Dumping resumed Overgrown old site with no evidence of recent dumping

VIOLATIONS OF SOLID WASTE MANAGEMENT ACT §8-6-205

(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

(a)(3) To dispose of solid wastes at any disposal site or facility other than a disposal site or facility 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

(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.)

(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

FINAL DISPOSITION

INVALID No evidence found No illegal disposal occurring Salvageable materials 8-6-205 (a)(3) exemption

VALID Letter sent Follow Up Investigation Unknown violator Forwarded to: No further action COMMENTS

INSPECTOR SIGNATURE

DATE

3/2/2017

Arkansas Department of Environmental Quality 5301 Northshore Drive, North Little Rock, AR 72118

Office of Land Resources – Compliance Program – Solid Waste

COMPLAINT/ILLEGAL DUMP INVESTIGATION WORKSHEET

Arkansas Department of Environmental Quality (ADEQ) Official Photograph Sheet

Revised 3/1/17 Inspector Signature:

Location CR 511 Complaint # 021232 County Baxter

Photographer Darrell Norton Witness None

Photo # 1 Of 4 Date 3/1/2017 Time 11:33 AM Description View of solid waste around vacant travel trailer and outbuilding

Location CR 511 Complaint # 021232 County Baxter Photographer Darrell Norton Witness None Photo # 2 Of 4 Date 3/1/2017 Time 11:33 AM Description View of household waste in pasture south of Travel Trailer

Arkansas Department of Environmental Quality (ADEQ) Official Photograph Sheet

Revised 3/1/17 Inspector Signature:

Location CR 511 Complaint # 021232 County Baxter

Photographer Darrell Norton Witness None

Photo # 3 Of 4 Date 3/1/2017 Time 11: 33 AM Description View of blowing solid waste looking west onto Rand property.

Location CR 511 Complaint # 021232 County Baxter Photographer Darrell Norton Witness None Photo # 4 Of 4 Date 3/1/2017 Time 11:33 AM Description View of household waste scattered on Rand property South of travel trailer looking west.

Illegal Dump Worksheet Revised 07/14/2014 FOR ADEQ USE ONLY Inspector Signature:

Arkansas Department of Environmental Quality Solid Waste Management Division

Complaint/Illegal Dump Investigation Worksheet

County Baxter PDS ID 018369 Date Received 2/9/2015 Page 1 of 2

AFIN 03-00000 Received By M. Womble Referred By NA

Complainant Name / Address / Phone Anonymous Coleen Wall

Complaint Lodged Against / Address / Phone Tommy Rand CR 511 Gassville, AR 72635

Location Description Complaint Description of Waste Take 126 to CR 10. Turn left on CR 511 and go about 1/2 mile to bottom of hill. There is a dirt road going up a hill on the right. Travel trailer on top of hill that you cannot see from the road.

Household waste and yard debris

INVESTIGATION

Date Investigated 3/19/2015 Time Investigated 1245

Person Interviewed Mr. Timms GPS Reading N36.359203; W092.475974

Approximate Waste Mass Size ≈ Measurements Comments

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

Waste Mass Contents ≈ % Comments

Household Waste Hazardous Items White Waste Construction/Demolition Waste Tires Abandoned Vehicles/Auto Parts Bulky Waste Yard Waste Dead Animals Other


ADEQ Complaint/Illegal Dump Investigation Worksheet PDS ID 018369 Page 2 of 2

Site Assessment Comments

Open burning; evidence of open burning Strong odor present Waste in or near water; probability of leachate Vectors sighted; evidence of vectors Site attended or maintained for a fee

History of previous complaints Evidence of recent dumping Dumping resumed at cleaned up or closed site Overgrown old site with no evidence of recent dumping

VIOLATIONS

Solid Waste Management Act §8-6-205 (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

(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)(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)


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

Additional Comments Invalid complaint- Mr. Timms has all household waste bagged and placed inside his fence. Mr. Timms said his plan is to take all his household waste to his sister’s residence to be placed in her trash can for disposal. No illegal dumping noted at this time. JS

FINAL DISPOSITION

x INVALID COMPLAINT VALID COMPLAINT

No evidence found Letter sent x 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

PDS Number 018369Photo 1

3/19/2015




County Baxter PDS ID 018261 Date Received 2/9/2015 Page 1 of 2

AFIN 03-0000 Received By M. Womble Referred By

Complainant Name / Address / Phone x Anonymous

Complaint Lodged Against / Address / Phone Tommy Rand CR 511 Gassville, AR 72635

Location Description Complaint Description of Waste Take 126 to CR 10. Turn left on CR 511 and go about 1/2 mile to bottom of hill. There is a dirt road going up a hill on the right. Travel trailer on top of hill that you cannot see from the road.

Household waste and yard debris.

INVESTIGATION

Date Investigated 2-9-15 Time Investigated 1500

Person Interviewed Randy Timms GPS Reading 36.359767 -92.475117


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


Household Waste Hazardous Items White Waste Construction/Demolition Waste Tires Abandoned Vehicles/Auto Parts Bulky Waste Yard Waste Dead Animals Other




Open burning; evidence of open burning Strong odor present Waste in or near water; probability of leachate Vectors sighted; evidence of vectors Site attended or maintained for a fee

History of previous complaints Evidence of recent dumping Dumping resumed at cleaned up or closed site Overgrown old site with no evidence of recent dumping

VIOLATIONS

Solid Waste Management Act §8-6-205 (a)(2) To construct, install, alter, modify, use or operate any solid waste processing or disposal facility or disposal site


(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)(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)


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


Additional Comments 2-9-15, The site is the same as Complaint 018114, Randy Timms. I investigated the site again on this date and met with Randy Timms. Mr. Timms has complied with the previous complaint investigation and letter requiring him to stop burning and clean up the solid waste. Randy Timms is living in a travel trailer located on Tommy Rand’s property. No further action taken at this time.

FINAL DISPOSITION

INVALID COMPLAINT VALID COMPLAINT

No evidence found Letter sent x No illegal disposal occurring Follow-up investigation Salvageable materials Response received 8-6-205(a)(3) exemption No further action


Complaint 018261Inspection photos 1 & 2

January 7, 2015 Randy Timms 72 Rice Lane Mountain Home, AR 72653 Dear Mr. Timms On January 5, 2015, I performed an investigation of the property where you are currently living off CR 511 in Baxter County, AR. This investigation was in response to a complaint alleging the open dumping and burning of solid waste. My investigation revealed that you are in violation of the Arkansas Solid Waste Management Act, A.C.A. '8-6-205. Specifically, I found the following violation(s):

1. Operation of an unpermitted solid waste disposal facility, which is in violation of '8-6-205 (a) (2), (3) and (5). "No person shall dispose of solid waste at any disposal site or facility other than a disposal site or facility for which a permit has been issued by the Department."

By law anyone who violates any provision of the Solid Waste Management Act may be subject to criminal, administrative and civil penalties up to $10,000. You should immediately cease the activity described and undertake measures to correct the above violation. You should notify me, in writing, at the address listed below or call 870-424-3322 within 20 days of the date of this letter with a plan of action for the correcting these violations. All the solid waste must be cleaned up and disposed of properly at a permitted facility. Also, copies of your waste disposal receipts will be required. Please be advised, that failure to make contact with me in regard to this notification may warrant formal enforcement action. Your cooperation is appreciated. Sincerely,

District Inspector Solid Waste Division

Document ID 018114




County Baxter

PDS ID 018114(orig # 018077) AFIN

03-00000 Page 1 of 2

Date Received 1/5/15 (Orig date: 12/19/14)

Received By M. Womble Referred By NA

Complainant Name / Address / Phone X Anonymous

Complaint Lodged Against / Address / Phone Randy Timms 72 Rice Lane Mountain Home, AR 72653

Location Description Complaint Description of Waste Take CR 10 to CR 511. Turn left and go approximately ¼ mile and you will come to the bottom of a hill, drive is on the right. This is just a dirt road and travel trailer is on top of the hill. You can’t see it from the road. There is no mail box or address for this property.

Household waste, yard debris

INVESTIGATION

Date Investigated 1-5-15 Time Investigated 1130

Person Interviewed Randy Timms GPS Reading 36.359767 -92.475117


>640 yd³ 320 to 640 yd³ = 16 roll offs

160 to 320 yd³ = 8 roll offs 80 to 160 yd³ = 4 roll offs

40 to 80 yd³ = 2 roll offs x 40 yd³ or < = 1 roll off


X Household Waste Hazardous Items White Waste Construction/Demolition Waste Tires Abandoned Vehicles/Auto Parts Bulky Waste Yard Waste Dead Animals Other




X Open burning; evidence of open burning X Strong odor present Waste in or near water; probability of leachate Vectors sighted; evidence of vectors Site attended or maintained for a fee

History of previous complaints X Evidence of recent dumping Dumping resumed at cleaned up or closed site Overgrown old site with no evidence of recent dumping

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


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

X (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


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)


Air Pollution Control Code §8-4-310(a)(1)(2)(3) X 5)(a) No person shall cause or permit the open burning of refuse, garbage, trade wastes or other waste material, or shall


Additional Comments 1-5-15, I investigated the site and met with Randy Timms. Mr. Timms is living in a camper trailer on Tommy Rand’s property. I informed him that it was illegal to dump and burn his solid waste. He extinguished the burning waste at this time. I explained the complaint investigation and follow up letter requiring him to clean up and properly dispose of all the solid waste. See attached photos.

FINAL DISPOSITION

INVALID COMPLAINT 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


Complaint 018077 Photos 1 & 2

Complaint 018077 Photos 3 & 4

response/ baxter co

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