Dr. Daniel E. Smith III and Denita L. Jones Share:
The challenges of environmental compliance can be complex for any facility at any specific location on the globe. For example, consider the ACME manufacturing facility located in Anytown, USA. ACME must identify local, state, and federal environmental compliance requirements and may also need to mitigate potential common law tort liability risks associated with its facility. These multijurisdictional requirements and risks can sometimes overlap, and it is not uncommon for them to be vague or even conflict with one another. But what if the ACME facility were not stationary? What if Anytown, USA, was floating around the world on the “Seven Seas”? The compliance requirements would then be ever changing. The requirements might be in different languages or difficult to find and understand. The boundaries between various jurisdictions might not be clear.
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Hommel is stated to own and operate a Sand & Gravel Borrow Pit (“Site”) in Cocke County, Tennessee.
The TDEC Division of Water Resources (“Division”) is stated to have transmitted NPDES TN0069787 (“Permit”) to Hommel for mining activities at the Site. The Permit is stated to have authorized Hommel to discharge treated mine wastewater and stormwater associated with the operations at the Site to the Pigeon River. The Permit is stated to have expired on December 8, 2018.
The Division is stated to have issued a Notice of Expiration (“NOE”) to Hommel on December 22, 2017, notifying that the Permit was set to expire on December 8, 2018. The NOE is stated to have reminded Hommel that a renewal application must be submitted at least 180 days before the Permit was to expire.
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and A & B Timber, Inc. (“A & B”) entered into a February 1st Consent Administrative Order (“CAO”) addressing alleged violations of certain Arkansas solid waste and water pollution provisions. See LIS No. 21-017.
The CAO provides that DEQ investigated complaints alleging that A & B:
. . . improperly disposed of solid waste and caused pollution of waters of the state at a site located northwest of the intersection of Calhoun 53 and Calhoun 235, Hampton, Calhoun County, Arkansas ( Site 1 ) and at another site located at 5865 Calhoun 40, Hampton, Calhoun County, Arkansas ( Site 2 ).
A & B is stated to own Site 1 which is referenced as containing a disused mining pit. Site 1 is stated to not constitute a permitted Solid Waste Disposal Facility. Further, Site 2 is stated to not constitute a Solid Waste Disposal Facility.
Before turning to a lengthy agenda, the Essex Selectboard went through its annual reorganization process Monday night by electing within itself a chair, vice chair, and clerk.
Selectman Patrick Murray made the lone motion heard for the chair position â that being for Andy Watts.
âYikes,â Watts said with a chuckle after Murrayâs motion was unanimously approved and Unified Manager Evan Teich passed off direction of the meeting. But Watts then went immediately into action and heard a motion, second, and unanimous approval of Murray being vice chair for the second-straight year.
In her first meeting on the selectboard, Tracey Delphia was elected as the boardâs clerk through another unanimous vote after Watts explained that the role has historically gone to the newest member.