ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION REGULAR COMMISSION MEETING Friday, April 27, :00 a.m.

Transcription

1 ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION REGULAR COMMISSION MEETING Friday, April 27, :00 a.m. ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 NORTHSHORE DRIVE NORTH LITTLE ROCK, ARKANSAS AGENDA (Item #01) I. Call Meeting to Order - 9:00 a.m. II. Roll Call III. Approval of March 2, 2018, Commission Meeting (Item #02) Minutes IV. Department Reports A. Director s Report B. Division Permit Reports (Items #07-08) V. Public Comments VI. State of the Air Report VII. Wastewater Licensing Committee APPENDIX I - Richard Healey for Wastewater Licensing (Items #03-04) Committee - Minute Order (Adopt) VIII. Solid Waste Licensing Committee APPENDIX II - Gene Little for Solid Waste Licensing (Items #05-06) Committee - Minute Order (Adopt) IX. Adjourn

2 ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION REGULAR COMMISSION MEETING 9:00 a.m., Friday, March 2, 2018 Arkansas Department of Environmental Quality 5301 Northshore Drive North Little Rock, Arkansas Commissioners Attending:, L. Bengal, C. Colclasure, J. Fox, M. Freeze, C. Gardner, M. Goggans, D. Melton, R. Moss, R. Reynolds, W. Stites, and B. White. Commissioners Absent: B. Holland and G. Wheeler. Visitors: Steve Ferron, AOMA; John Bailey, Arkansas Farm Bureau; Mark Allison, Dover Dixon & Horne; Terry Horton, FTN Associates; Ellen Carpenter, Little Rock; Allan Gates, Mitchell Williams Law Firm; Brian Thompson, Little Rock; Ryan Benefield, Arkansas Natural Resources Commission; Jessica Trail, Tri-State; and Dara Hall, Arkansas Attorney General s Office. Call to Order Chair Goggans called the meeting to order at 9:00 a.m. Quorum Commission Secretary called roll and announced that a quorum was present. Approval of Minutes Chair Goggans asked for a motion approving the January 2018 meeting minutes. Commissioner Fox moved to approve the minutes and Commissioner Gardner seconded the motion. The minutes were approved. Director s Report Director Becky Keogh welcomed Mike Freeze to the Commission and congratulated Commissioner Moss and Commissioner Goggans on their reappointment to the Commission. Director Keogh discussed the Buffalo River Action Committee meeting and a Dairy Planning meeting to promote the expansion of dairy farming in Arkansas. She announced that the Arkansas Department of Environmental Quality ( ADEQ ) is accepting applications for two environmental awards: the Arkansas Environmental Stewardship Award and the Arkansas Environmental Technology Award. She also reported that

3 Commission Meeting Minutes March 2, 2018 Page 2 the Department is accepting applications for a new award called the ADEQuest Science Award which is awarded to students in grades nine through twelve who have finished in the top four places in one of Arkansas's regional International Science and Engineering Fair affiliated science fairs. Commissioners asked questions and discussion followed. Public Comment Ellen Carpenter Ms. Carpenter of North Little Rock updated the Commission regarding the Public Participation Program for Continuing Planning Process for NPDES Permit Delegation and the Implementation Plan for the Anti-Degradation Policy. Regulation No. 36, Used Tire and Recycling and Accountability Program-Second Emergency Rulemaking; Docket No R Chair Goggans called on Kevin White for the Arkansas Department of Environmental Quality ( ADEQ ) to discuss the second emergency rulemaking for Regulation No. 36. Mr. White gave a brief update of Act 317 and explained that ADEQ seeks a second emergency rulemaking because the current emergency rulemaking is set to expire on March 7, 2018, and the permanent rulemaking process initiated by the Commission cannot be completed by this date. Commissioners asked questions and discussion followed. Commissioner Gardner made a motion to adopt the minute order initiating the Emergency Rulemaking for Regulation No. 36. Commissioner Reynolds seconded the motion. The motion passed. (Minute Order No ) Administrative Law Judge-Charles Moulton A. Recommended Decision 1. In the Matter of Muhammed Zameer Individually and Tristate Contracting of Brinkley, LLC; Docket No NOV Judge Moulton gave a brief update of this case and stated that counsel ADEQ and for Mr. Zameer and Tristate were available for questions. Commissioners asked questions of Counsel and discussion followed. Ms. Jessica Trail, counsel for Muhammed Zameer argued that a member of an LLC is not personally liable for a debt, obligation,

4 Commission Meeting Minutes March 2, 2018 Page 3 or liability of an entity. The party to be assessed the civil penalty should be TriState Contracting and asked the Commission to find that TriState Contracting, not Muhammed Zameer, be assessed any civil penalty in this cause of action. Commissioners asked questions and discussion followed. Commissioner Melton made a motion to adopt the minute order adopting the Recommended Decision (Order No. 7). Commissioner Gardner seconded the motion. Commissioners asked questions and discussion followed. The motion passed. (Minute Order No ) 2. In the Matter of Edward Motor Company, Inc.; Docket No NOV Judge Moulton reported that a Recommended Decision had been filed in the case and asked the Commission for a favorable vote on the minute order adopting Order No. 10 (Recommended Decision). Commissioner Gardner made a motion to adopt the minute order adopting the Recommended Decision (Order No. 10). Commissioner Moss seconded the motion. The motion passed. (Minute Order No ) B. Settled Cases per Regulation No In the Matter of VPG Partners, LLC dba Statue Road Inn; Docket No NOV Judge Moulton reported that the parties had met and resolved the issues and filed a Consent Administrative Order. The case is closed. Adjourn There was no other business to come before the Commission. Chair Goggans adjourned the meeting.

5 Commission Meeting Minutes March 2, 2018 Page 4 APPROVED MINUTE ORDERS REGULAR COMMISSION MEETING The Commission adopted a Minute Order initiating the rulemaking process for Regulation No. 36, Used Tire and Recycling and Accountability Program-Second Emergency Rulemaking; Docket No R The Commission adopted a Minute Order adopting the Recommended Decision (Order No. 7) in the Matter of Muhammed Zameer Individually and Tristate Contracting of Brinkley, LLC; Docket No NOV The Commission adopted a Minute Order adopting the Recommended Decision (Order No. 10) in the Matter of Edward Motor Company, Inc.; Docket No NOV.

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13 ADEQ ARK A N S A S Department of EnvironmentalQuality Memorandum To: From: Commissioners Arkansas Pollution Control and Ecology Commission ~arrod Zweifel, Senior Manager, Assessment and Remediation, OLR Date: ~ April 12, 2018 Subject: PST Trust Fund Quarterly Report Ending March 31, 2018 Pursuant to Arkansas Code Annotated (g)(3), the Commission shall review the balance ofthe Arkansas Petroleum Storage Tank Trust Fund, as adjusted to reflect the obligations and liabilities of the fund, at least quarterly and report the rate of collection for the fee for the upcoming quarter to the director. The environmental assurance fee is currently being collected at the maximum rate of the three-tenths of one cent per gallon on motor fuel and distillate special fuel purchased in or imported into Arkansas. The Office of Land Resources submits the attached financial status report in compliance with the code. PST Trust Fund income for the last quarter totaled $1,686, PST Trust Fund expenses for the last quarter totaled $2,261,

14 ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY RST Division - Petroleum Storage Tank State Trust Fund Financial Status Report for Period Ending March 31,2018 I. Fund Balance on March 1, $ 26,821, II. Receipts 1. Previously reported $ 161,491, March receipts $ 493, Total receipts to date $ 161,985, III. Expenditures 1. Previously reported $ 135,250, March expenditures $ 793, Total expenditures to date $ 136,044, IV. Fund Balance on March 31, $ 26,521, V. Interest 1. Previously reported $9,896, March Interest $ 9, Total interest to date $ 9,905, VI. Total investments on March 31, $ 24,008, VII. Funds available on March 31, $ 2,512, STATUS OF TRUST FUND Fund balance on 03/31/ $ 26,521, Reserve for emergency projects $ 350, Current claims received $ 732, Claims approved but unpaid $ 134, Other corrective action obligations (estimated) $ 10,605, Potential third party obligations (estimated) $ 992, Adjusted balance $ 13,706, CERTIFIED TRUE AND CORRECT ~ Chris James, CPA Fiscal Division Manager

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