September 10, Mr. Jerry Pahal 423 Ashley Road 286 Crossett, AR RE: Complaint Investigation. Dear Mr. Pahal

Size: px

Start display at page:

Download "September 10, Mr. Jerry Pahal 423 Ashley Road 286 Crossett, AR RE: Complaint Investigation. Dear Mr. Pahal"

Basil Pierce
5 years ago
Views:

1 September 10, 2010 Mr. Jerry Pahal 423 Ashley Road 286 Crossett, AR RE: Complaint Investigation Dear Mr. Pahal On August 30, 2010 I performed a complaint investigation of your farm in response to a complaint which alleged that chicken litter was being improperly stored on you farm. This investigation was performed accordance with the provisions of the Arkansas Water and Air Pollution Control Act, and the regulations promulgated thereunder. This inspection revealed the following violation: Chicken litter was being stored uncovered and exposed to possible precipitation. A.C.A states that it is unlawful to Place or cause to be placed any sewage industrial waste, or other waste in a location where it is likely to cause pollution of any waters of this state. The above items require your immediate attention. Please submit a written response to these findings to Cindy Garner, Manager, of the Water Division Enforcement Branch of this Department. This response should be mailed to the address below. This response should contain detailed documentation describing the course of action taken to correct the items noted. This corrective action should be completed as soon as possible, and the written response with all necessary detailed documentation (i.e. pictures) is due by September 20, For additional information you may contact the enforcement branch by telephone at or by fax at

2 Page 2 If you don t have a nutrient management plan for your farm, you may wish to contact the local county extension service or the local conservation district to assist you in developing a plan for your farm. If I can be of any assistance, please contact me at Sincerely, John W. Lamb District 8 Field Inspector Water Division cc: Water Division Enforcement Branch Water Division Permits Branch Complaint Report Page 2

Lamb Witness: None Photo # 1 Of 2 Date: 08/30/2010 Time: 10:45 Description: Chicken litter piled, uncovered

3 ADEQ Water Complaint AFIN: No AFIN Permit #: No permit Water Division NPDES Photographic Evidence Sheet Location: Pahal Farm, Crossett, AR Photographer: John W. Lamb Witness: None Photo # 1 Of 2 Date: 08/30/2010 Time: 10:45 Description: Chicken litter piled, uncovered and exposed to rain Photographer: John W. Lamb Witness: None Photo # 2 Of 2 Date: 08/30/2010 Time: 12:05 Description: Same pile as above Complaint Report Page 3

4 ADEQ Water Complaint AFIN: No AFIN Permit #: No permit GPS LOCATION: N W DATE RECEIVED: 08/27/2010 COMPLAINANT NAME: Frank McMahan ADDRESS: 383 Ashley Road 286, Crossett PHONE: WATER DIVISION NPDES COMPLAINT REPORT TRACKING & REFERRAL INFORMATION AFIN: No AFIN PERMIT#: No Permit COUNTY: Ashley COMPLAINT AGAINST: Jerry Pahal ADDRESS: 423 Ashley Rd 286, Crossett, AR PHONE: PERSON RECEIVING REPORT: DATE: SUPERVISOR REFERRAL: DATE: John Lamb 08/27/2010 INSPECTOR REFERRAL: DATE: MEDIA SUPERVISOR REFERRAL: DATE: PHONE REFERRAL CONTACT: DATE: RECEIVING INSPECTOR: DATE: COMPLAINT RECEIVED BY: PHONE LETTER VERBAL INTERNET DETAILED DESCRIPTION Complainant states that Mr. Pahal has applied litter in the past that makes neighbors ill and that this litter application may be affecting Brushy Creek which runs through the property. Pahal is currently stocking piling litter outside and getting ready to spread it again. This stockpile litter is not covered LOCATION 423 Ashley 286, Crossett PREVIOUS COMPLAINT: YES NO DATES: DISCHARGE TO STREAM: YES NO NAME OF WATERBODY: INVESTIGATION INSPECTOR: DATE: John Lamb 08/30/2010 ACTION TAKEN: PHOTOS TAKEN: YES NO On 30 August 2010, I investigated the complaint. I found a pile of chicken litter as described by the complainant. The pile was uncovered and exposed to possible precipitation. I met with Mr. Pahal and informed him that he would need to cover the litter if he planned to keep it stored. Mr. Pahal stated that he would have spread it already, but the truck he used to spread it was being repaired. He stated he would spread it as soon as he got the truck repaired. I also informed Mr. Pahal that he should not spread the litter in a manner as to allow it to enter the waters of State. FURTHER ACTION: Nc letter sent SIGNATURE: John W. Lamb DATE: 01 September 2010 Complaint Report Page 4

10 September 30, 2010 Jerry Pahal 423 Ashley Road 286 Crossett, AR RE: Response to Complaint Investigation Dear Mr. Pahal: The Department has received your response to the August 30, 2010 complaint investigation of your farm by our District Field Inspector, John Lamb. Your letter appears to adequately address the discrepancies identified during the visit. The Department assumes the corrective actions taken will be maintained to ensure consistent compliance with the requirements of environmental regulations. Acceptance of this response by the Department does not preclude any future enforcement action deemed necessary at this site or any other site. The Department will keep the inspection and response on file. If future violations occur that require enforcement action, the Department will consider the inspection and response as required by the Pollution Control and Ecology Commission Regulation No. 7, Civil Penalties. This regulation requires the Department to consider the past history of your site and how expeditiously the violations were addressed in determining any civil penalty that may be necessary for any future violations. If we need further information concerning this matter, we will contact you. Thank you for your attention to this matter. Should you have any questions, feel free to contact me at or you may me at Sincerely, Sam Sawyer Enforcement Coordinator Water Division Enforcement Branch

March 4, Billy and Amber Lyons Lyons Car Wash 8601 J.B. Baxley Rd. #40 Benton, AR RE: AFIN: Permit No.

March 4, Billy and Amber Lyons Lyons Car Wash 8601 J.B. Baxley Rd. #40 Benton, AR RE: AFIN: Permit No. March 4, 2009 Billy and Amber Lyons Lyons Car Wash 8601 J.B. Baxley Rd. #40 Benton, AR 72015 RE: AFIN: 63-00519 Permit No.: 4814-WG-CW Dear Mr. and Mrs. Lyons: On February 6, 2009, I performed a routine