ADEQ. CERTIFIED MAIL No Return Receipt Requested. June 28, 2018

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1 ADEQ A R K A N S A S Department of Environmental Quality CERTIFIED MAIL No Return Receipt Requested June 28, 2018 Justin Sparrow, Director West River Valley Regional Solid Waste Management District Highway 164 Clarksville, AR RE: West River Valley Solid Waste Management District (WRVSWMD) Consent Administrative Order (CAO) LIS AFIN and AFIN PERMIT 0027-SWTP Dear Mr. Sparrow: The Arkansas Department of Environmental Quality, Office of Land Resources (ADEQ-OLR) has received WRVSWMD's document submittals as required by CAO LIS Based on the information provided, all requirements of CAO LIS have been satisfied and no further actions are required. ADEQ will release the funds the District set aside for financial assurance. ADEQ greatly appreciates your efforts in regards to this matter. If you have any questions or concerns, please contact Gina Porter at (501) , porterg@adeg.state.ar.us or me at (501) , white@adeg.state.ar.us. Sincerely, Kevin White Associate Director Office of Land Resources Arkansas Department of Environmental Quality cc: Lisa Thompson, General Counsel, OLR ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 NORTHSHORE DRIVE I NORTH UTILE ROCK I ARKANSAS I TELEPHONE I FAX

2 W est R iver Valley Solid W ast e D istrict GREEN ource RECYCLING June 15, 2018 Ms. Becky W. l<eogh, Director Arkansas Department of Environmental Quality 5301 Northshore Drive, North Little Rock, AR Re: CAO LIS AFIN : and Director l<eogh : As of May 30, 2018, the West River Valley Regional Solid Waste Management District is no longer leasing the warehouse in Knoxville, AR; and all waste tires have been removed from the site. All material covered in the CAO have been recycled into a usable product, or properly disposed of in a permitted solid waste disposal facility. At this time, I would like to request an ADEQ review of the CAO. It is my opinion that the West River Valley Regional Solid Waste Management District has fulfilled all obligations and complied fully with all terms listed in the CAO. At this time, I would also ask you to consider releasing the funds the District has set aside for financial assurance, listing the Department as payee. (Certificate of Deposit with the First National Bank in Paris, AR in the amount of $58,750) Justin Sparrow, Director West River Valley Regional Solid Waste Management District cc: Judge Jimmy Hart, Chairman WRVSWMD Board of Directors Hwy Clarksville, AR ph fa x westrivervalleysolidwaste.org

3 I I I KNOXVILLE W ARE~OUSE waste TIRE SITE I KNOXVILLE, ARKANS~S I ADEQ 5301 Northshore Drive North Little Rock, Arkansas PDS No: AFIN: County: Johnson Arkansas Senate District: 6 Arkansas House District: 69 US Congressional District: 4 urrent Status 1 Removal of the tires was in May Small and large tires were transported to Green Source permitted Tire Processing Approximately eighty five percent (85%) of the small tires were shredded for product, such as mulch and tire-derived fuel. The remaining fifteen percent (15%) of small tires were too with dirt for making product and were shredded for landfilling at an off-site landfill located in Yell County, Arkansas. Approximately forty percent (40%) by weight of the tires were recycled into sidewall rings (used in construction). The remaining sixty percent (60%) by weight of large tires were shredded and landfilled at the permitted landfill located in Yell County,. One-hundred percent (100%) of the crumb rubber was given away as recycled product (for use as playground material etc). Approximately forty percent (40%) of the extra-large tires were into product (landscaping mulch and tire-derived fuel). The remaining sixty percent (60%) of large tires were shipped to an off-site permitted tire processor located in Pulaski County, 1 The West River Valley Used Tire (WRV) was responsible for the Knoxville Warehouse wastetire site. ADEQ investigations in 2014 revealed the waste-tire site. There were estimated to be Two-Hundred Thousand (200,000) waste tires at the site. Attempts to gain voluntary compliance were unsuccessful and ADEQ entered a Consent Administrative Order (CAO LIS ) with WRV in May Throughout 2015 and of2016 WRV made little progress in tire removal. In July of2016 ADEQ entered into an amended (LIS ) with WRV to extend the time to have the tires KNOXVILLE WAREHOUSE Updated: 6/13/2018 Page 1 of 4

4 removed from the Knoxville Warehouse. WRY successfully removed all tires from the Knoxville Warehouse by May Site Description Location: The site is located in Knoxville, Johnson County, Arkansas at N W Population: The population was 731 as of the 2010 census. Setting: The Knoxville Warehouse is privately owned and was leased by WRY. The property consists of approximately 6 acres. The property is mostly surrounded by residential and commercial property to the north, south, and west and open fields to the east. Aerial Photo: Untitled Map KNOXVILLE WAREHOUSE Updated: 6/13/2018 Page 2 of4

5 Site Photos: BEFORE AFTER Waste Tire Quantities o ~ Volumes I In the 2016 work plan presented byl WRV the estimated quantity of tires consisted of: One-Hundred Fifty Thousand (150,000) small tires I Fifty Thousand (50,000) large tires Two Thousand (2,000) cubip yards of previously shredded material (crumb rubber) Three-Hundred (300) extra-large tires I I KNOXVILLE WAREHOUSE Updated: 6/ 13/2018 Page 3 of4

6 Health Considerations Improperly managed waste tires provide a prime breeding habitat for disease-carrying mosquitoes. Used tires that contain water and organic matter (leaves, grass, etc.) serve as an ideal "incubator" for mosquito eggs and larvae. Mosquitoes reproduce by laying eggs on the surface of stagnant water. The eggs "hatch" to form larvae, which develop into pupae, and then develop into adult mosquitoes. Response Actions WRY and ADEQ entered into CAOs (LIS and LIS ) in 2015 and WRY submitted a workplan in 2016 and began removing tires. WRY submitted weekly progress reports to ADEQ, and ADEQ monitored progress of tire removal throughout this time frame. Anticipated Future Activities N/A ADEQ Site Contacts Tammie J. Hynum Sr. Manager Tire Accountability Program (501 ) hynum@adeq.state.ar.us Scott Me Williams Program Manager Tire Accountability Program (501) mcwilliamss@adeq.state.ar.us Michelle Womble Administrative Analyst Tire Accountability Program (501) womblem@,adeq.state.ar. us Kelli Johnson Administrative Analyst Tire Accountability Program (501) jolmsonk@adeq.state.ar.us KNOXVILLE WAREHOUSE Updated: 6/ 13/2018 Page 4 of4

7 ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY.. IN THE MATTER OF: WEST RIVER VALLEY WASTE TIRE MANAGEMENT DISTRICT.. " HWY 64 AFIN NORTH 3R 0 STREET Unpermitted -Waste Tire Site CLARKSVILLE, ARKANSAS LIS CONSENT ADMINISTRATIVE ORDER This Consent Administrative Order (hereinafter "Order") is issued pursuant to the authority of the Arkansas Solid Waste Management Act, Ark. Code Ann et seq., the Arkansas Waste Tire Act, Ark. Code Ann et seq., the Arkansas Pollution Control and Ecology Commission (hereinafter "APC&EC") Regulation 14 ("Reg.14"), and APC&EC Regulation 22 ("Reg.22"). The issues herein, having been settled by agreement of the West River Valley Waste Tire Management District (hereinafter "Respondent") and the Director of the Arkansas Department of Environmental Quality (hereinafter "ADEQ"), it is hereby agreed and stipulated that the following Findings of Fact and Order and Agreement be entered. FINDINGS OF FACT 1. Respondent consists of the regional solid waste management boards (hereinafter "RSWMB") of West River Valley RSWMB, Sebastian County RSWMB, and Benton County RSWMB, which collectively are commonly referred to as an inter-district. Respondent is charged with managing the waste tires within the boundaries of this inter-district. In addition, Respondent contracts with the East Arkansas Waste Tire 11 Page

8 Management District (Northeast RSWMB, Mississippi County RSWMB, and East Arkansas RSWMB) to manage the waste tires generated within its boundaries. 2. ADEQ, as administered by its Director, is the state agency charged with ensuring compliance with Ark. Code Ann et seq., Ark. Code Ann et seq., and the regulations promulgated thereunder, including APC&EC Reg.14 and Reg Pursuant to Ark. Code Ann (13): "Waste tire site" means a site at which one thousand (1,000) or more unpermitted used or waste tires are accumulated, whether loosely stored or compacted and baled or a combination thereof." 4. Pursuant to Ark. Code Ann : "(c)(1) A person shall not maintain a waste tire site." 5. Pursuant to APC&EC Reg : "Processed Tire" means tires and commingled tire parts and pieces that have been cut, shredded, or otherwise altered so that they are no longer whole and/or no longer identifiable." "Waste Tire" means a whole tire that is no longer repairable or retreadable or no longer suitable for its original intended purpose because of wear, damage, or defect. Waste tire includes, but is not limited to, used tires and processed tires." 6. On April 17, 2014, an ADEQ Solid Waste Management Division Inspector conducted an inspection at a warehouse located in Knoxville, Arkansas at N W (hereinafter "warehouse"). The Inspector determined that the warehouse was maintained by the Respondent. The Inspector noted that the loading dock of the warehouse contained approximately one thousand (1,000) passenger tires and five hundred (500) truck tires. Inside the warehouse, the 21 P age

9 Inspector noted that tires were stacked eight (8) to ten (1 0) feet high and covered an area from wall to wall over the western two-thirds of the warehouse. The Inspector also noted approximately two hundred (200) soft-sided bulk containers full of shredded tires. The average weight for a container was approximately eighteen hundred (1,800) pounds. Respondent has no permit from ADEQ for this site and is therefore maintaining a waste tire site, which is a violation of Ark. Code Ann (c)(1). ORDER AND AGREEMENT WHEREFORE, Respondent, without admitting or denying the Findings of Fact stated herein, and ADEQ do hereby agree and stipulate as follows: 1. Respondent agrees that no additional waste tires and processed tires will be added to those currently existing at the warehouse. 2. Respondent shall immediately secure a financial assurance mechanism, in accordance with Chapter 14 of APC&EC Reg. 22, for an amount based on the cost of a third party to dispose or recycle the estimated number of 750 tons of waste tires on-site at the warehouse. 3. Respondent shall remove all waste tires at the warehouse, including all waste tires in trailers or on the surrounding property, no later than June 1, Respondent further agrees that all waste tires will be processed, recycled, sold, or disposed at a properly permitted facility and that records will be kept by Respondent of the amount of waste tires transported out of the warehouse and the destination of processing, recycling, or disposal. These records will be provided to ADEQ upon request. 31 Page

10 ,. 4. Failure by Respondent to remove all waste tires on or before June 1, 2015, shall be cause for ADEQ to suspend waste tire grants in accordance with APC&EC Reg If any event occurs which causes or may cause delay in the achievement and completion by Respondent of the requirements established in this Order, Respondent shall notify ADEQ, in writing, within five (5) calendar days of knowledge of such delay, specifying in detail the anticipated length of the delay, the precise cause of the delay, and the measures being taken to correct and minimize the delay. 6. ADEQ may grant an extension of any provision of the Order, in its discretion, provided that the delay has been or will be caused by circumstances beyond the control of and without the fault of Respondent. The burden of proving such cause of delay rests with Respondent. Failure to notify ADEQ of any delay within the timeframes specified in this Order may be grounds for denying an extension. 7. Respondent shall pay to ADEQ civil penalties as authorized by the Arkansas Solid Waste Management Act and APC&EC Reg. 22 for failure to meet any deadlines required by this Order as follows: (a) (b) (c) First day through the fourteenth day: Fifteenth day through the thirtieth day: Each day beyond the thirtieth day: $ per day $ per day $1, per day Any such penalties shall be due and payable upon demand to ADEQ except for good cause shown as specified in paragraphs 5 and 6 of this section. These 41 P a g e

11 stipulated penalties for delay in performance shall be in addition to any other remedies or sanctions which may be available to ADEQ by reason of Respondent's failure to comply with this Order. 8. Nothing contained in this Order shall be construed as a waiver by ADEQ of its enforcement authority over alleged violations not specifically addressed herein. Also, this Order does not purport in any way to relieve Respondent of its responsibility for obtaining any necessary permits, nor does it exonerate any past, present, or future conduct which is not expressly addressed. 9. This Order is subject to public review and comments in accordance with Ark. Code Ann (d) and the APC&EC Regulation 8, and is therefore not final until thirty (30) calendar days after public notice of the Order is given. ADEQ retains the right and discretion to rescind this Order based on comments received within the thirty-day public comment period. Notwithstanding the public notice requirements, the corrective actions necessary to achieve compliance shall be taken immediately. As provided by APC&EC Regulation No. 8, this matter is subject to being reopened upon Commission initiative or in the event a petition to set aside this Order is granted by the Commission. 10. This Order has been reviewed and approved by the West River Valley Regional Solid Waste Management Board (hereinafter "Board") in a duly convened meeting with a quorum present. It is the intention of the Board to be bound by the terms appearing in this Order. See copy of resolution attached as Exhibit A. 5j Page

12 The Board has authorized the Board member named below to sign this Order on its behalf. See Exhibit A. SO ORDERED THIS._!1~5fu:...:...;_!... day of M~ APPROVED AS TO FORM AND CONTENT WEST RIVER VALLEY WASTE TIRE MANAGEMENT DISTRICT West River Valley Regional Solid Waste Management Board Member BY "7~&---zr~ ~ o -o J~ (Signature) (Typed or nnted Name) TITLE C/a,;_ntq,...J Date 7(- 7- ;/p~...s- (Typed or Printed Title) 61 Page

13 ~a y :31AM GreenS ou rce Rec ycl i ng No P. 2 West River Valley Regional Solid Waste Management District Board of Directors Meeting GreenSource Recycling Wednesday, May 6, :00 a.m. I. Call to Order: Chairperson Baylor House called the meeting of the West River Valley RSWMD to order. Members Present: Judge Ray Gack, Logan County; Judge Baylor House, Perry County; Mayor Carolyn McGee, City of Dardanelle; Mayor Mark Simpson, City of Clarksville; Herman Houston, Johnson County; Judge Jimmy Hart, Conway County Judge; Steve Dufrense, Representative for the City of Van Buren; Judge Ricky Bowman, Franklin County Judge; Mayor Jerry Don Barrett, City of Atkins; Judge Jim Ed Gibson, Pope County Judge Others Present: Tim Lewellyn, Stephanie Sheppard, and Frank Baker, Jacob Gould, Greensource Recycling: Dwight Dicus, DC Trash Members Absent; Mayor John Hall, Judge James Forbes, Mayor Alan lipsmeyer, Mayor Tommy McNutt; Mayor Daniel Rogers, Mayor Randy Horton, Mayor Neil Cherry, Judge Mark Thone II. Elect Officials & V Vacant Executive Board Positions Judge Hart motioned for acting Chair and vrce Chait to retain positions and elect a secretary, Motion was 2nd and passed. Judge Houston volunteered for position of Secretary, motion was 2nd and passed. Chair-Judge Baylor House, Vice Chair-Judge Jim Ed Gibson/ Secretary-Judge Herman Houston. Agreed that executive board should consist of the County Judge from each County In District. Judge Houston, Judge Gack, and Judge Bowman will fill the positions. Ill. IV. CAO Agreement CAO agreement was reviewed by the board. Steve Dufrense asked if we would be able to complete by June 1 date stated In agreement. Tim said we would not have complete but was working with ADEQ on a solution. Judge Hart motioned to approve, motion was 2nd and passed. Solid Waste Plan Each board member was given a copy of the documents for their review and asked to offer any suggestions upon their review. CAO agreement with ADEQ was approved by the West River Valley Board, will have to be approved by Sebastian County and Benton County Boards. V. Elect Vacant Executive Board Positions See item II.

14 ~\ay :3 2AM GreenSource Recycling No P. 3 VI. Adjourn Motion to adjourn by Judge Hart. Motion znd by Judge Gibson and passed.,.. ~ Approval of Minutes by Board Secretary Judge Herman Houston

15 ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: WEST RIVER VALLEY WASTE TIRE MANAGEMENT DISTRICT HWY 64 AFIN NORTH 3rd STREET Unpermitted- Waste Tire Site CLARKSVILLE, ARKANSAS AFIN Permit #0027-SWTP LIS AMENDMENT TO CONSENT ADMINISTRATIVE ORDER LIS This Amendment to Consent Administrative Order (CAO) LIS is issued pursuant.. ;. to the authority of the Arkansas Solid Waste Management Act, Ark. Code Ann et seq., the Arkansas Waste Tire Act, Ark. Code Ann et seq., the Arkansas Pollution Control and Ecology Commission (APC&EC) Regulation 14 (Reg. 14), and APC&EC Regulation 22 (Reg. 22). The issues herein having been settled by the agreement of the West River Valley Waste Tire Management District (Respondent) and the Arkansas Department of Environmental Quality (ADEQ), it is hereby agreed and stipulated by all parties that the following Amendment to the Order and Agreement ofcao LIS be entered. All other provisions of CAO LIS shall remain the same and in effect and are hereby incorporated by reference in this Amendment.

16 This Amendment to CAO LIS entered into by the parties hereto, adds Paragraphs 7, 8, and 9 to the Findings of Fact Section, amends Paragraphs 3 and 4 of the Order and Agreement Section, and adds Paragraphs to the Order and Agreement Section as follows: FINDINGS OF FACT 7. Respondent owns and operates a waste tire processing facility, known as Green Source Recycling (GSR site), at Highway 64, Clarksville, Johnson County, Arkansas. 8. On April27, 2016, an ADEQ Solid Waste Management Inspector conducted an inspection at the GSR site. During this inspection, the inspector observed several waste tire piles on the ground outside the GSR building. This condition is a violation of APC&EC Reg which states: "Waste tire processing facilities shall obtain a permit and shall meet the requirements contained in this regulation for waste tire processing facilities (Waste Tire Processing Facility requirements) or shall meet the general permit requirements contained in this regulation." 9. The storage of waste tires in piles on the ground outside the GSR building does not meet the requirements of Respondent's waste tire processing facility permit, specifically Section III-E ofthe GSR facility's approved operating plan which states: " WRV RSWMD's tires would be stored in enclosed trailers. Should there be a need to store tires outside, they shall be covered with waterproof tarps and any other measures needed to control mosquitos and rodents." Failure to operate in accordance with ADEQ permit requirements is a violation of APC&EC Reg West River Valley Waste Tire Management District Amendment to CAO Page2 ofs

17 ORDER AND AGREEMENT 3. Respondent shall remove all waste tires at the warehouse, including all waste tires in trailers or on the surrounding property, as soon as funds are available but no later than June 1, Respondent shall remove all tires which exceed permitted storage capacity at the Green Source Recycling property as soon as funds are available but no later than January 1, Any tires stored outside at either property must be covered sufficiently to prevent accumulation of water within thirty (30) calendar days of the effective date of this Amendment. Respondent further agrees that all waste tires will be processed, recycled, sold, or disposed of at a properly permitted facility, and that Respondent will maintain records of the amount of waste tires transported out of the warehouse and the destination of waste tires for processing, recycling, or disposal. These records will be made available to ADEQ personnel upon request. 4. Failure by Respondent to remove all waste tires on or before June 1, 2017, shall be cause for automatic demand for payment of civil penalties to ADEQ under provisions of this agreement. 12. Within thirty (30) calendar days of the effective date of this Amendment, Respondent shall submit a workplan for each location, including a schedule for waste tire removal, to ADEQ for review and approval. 13. Upon ADEQ approval of the workplans described in paragraph 12 above, Respondent shall submit weekly progress reports to ADEQ, including specific inventory inside and outside at both property locations. The reports shall include activities performed by Respondent under the approved workplans. 14. The Respondent shall ensure that fire prevention measures and practices are established for all waste tires inside and outside the warehouse and at the GSR site. These measures and practices shall be included in the workplans described in paragraph 12 above. West River Valley Waste Tire Management District Amendment to CAO Page 3 ofs

18 15. The Respondent shall ensure that mosquito prevention measures and practices are established for all waste tires stored at both locations. These measures and practices shall be included in the workplans described in paragraph 12 above. 16. Upon successful reduction by fifty percent (50%) of the existing waste tire volwne at the warehouse, Respondent may petition ADEQ for a decrease in the amount of the required financial assurance. 17. All submittals required by CAO LIS and this Amendment shall be electronically ed to hesselbein@adeq.state.ar.us, and submitted by Certified Mail or hand delivered to Josh Hesselbein, Enforcement, Office of Land Resources, ADEQ, 5301 Northshore Drive, North Little Rock, Arkansas Nothing contained in this Amended Order shall be construed as a waiver by ADEQ of its enforcement authority over alleged violations not specifically addressed herein. Also, this Order does not purport in any way to relieve Respondent of its responsibility for obtaining any necessary permits, nor does it exonerate any past, present, or future conduct which is not expressly addressed. 19. This Amendment shall be effective upon the date of execution. Unless otherwise specified in this Amendment, all times for performance or ordered activities shall be calculated from this effective date. ADEQ retains the right and discretion to rescind this Amendment based on comments received within the thirty-day public comment period or based on any other considerations which may subsequently come to light. Additionally, this Amendment is subject to being reopened upon APC&EC initiative or in the event a petition to set aside this Amendment is granted by the Commission. 20. By virtue of the signature appearing below, the individual represents that he or she is an Officer of Respondent, being duly authorized to execute and bind Respondent to the terms contained herein. Execution of this Amendment to CAO LIS by an individual other than an Officer of Respondent shall be accompanied by a resolution West River Valley Waste Tire Management District Amendment to CAO Page4of5

19 granting signature authority to said individual as duly ratified by the governing body of the entity. SO ORDERED THIS_...,d:_1_. DAY OF---.--~ ~t BECKY W. KEOGH DIRECTOR ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY APPROVED AS TO FORM AND CONTENT: WEST RIVER VALL BY: Signature k:,~~~::::::_-ej~~~~-.::: Print or Type Name ~_?j.;.j.5par/'t>vj Title /21're <" 1-~,e. J tdr tj Slft1//rt,p Date 7- /1/.r/~ West River Valley Waste Tire Management District Amendment to CAO Page 5 of5

20 .. ADEQ A R K A N S A S Department of Environmental Quality April16, 2018 OFFICE OF LAND RESOURCES HAZRDOUS WASTE ROUTING SLIP Subject: West River Valley Solid Waste Management District NF A Letter/ Financial Assurance release From: Gina Porter (501) Route in turn to: Action Needed Date Received Scott McDonald G!((Soncurrence ~ev iew t.t/z~ Julie Nicol!l(Concurrence ~ev iew 6/U Jarrod Zweifel ~oncurrencehr.e v iew q~~jt~ Tammie Hynum ~currenoe ~iew ~/J.r(r8 Date Reviewed '/J.S b(lt 6/nje & (?r{r~ Initials ~ J0 -- _k ~ Susan Speak ~oncurrence cs--review {p - ;;{ 7 ~ ZIJtj' & -2 7J Zor r:-- -StiJ ** Return to Gina Porter (Enforcement) for edits ** Kevin White Becky W. Keogh E1"Concurrence ~view o Concurrence o Review Return to Gina Porter Cube # 2L22 for distribution