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Wastewater Enforcement: Arkansas Department of Energy & Environment – Division of Environmental Quality and Malvern Industrial Facility Enter into Consent Administrative Order | JD Supra

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Wastewater Enforcement: Arkansas Department of Energy & Environment – Division of Environmental Quality and Malvern Industrial Facility Enter into Consent Administrative Order
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The Arkansas Division of Power & Surroundings – Division of Environmental High quality (“DEQ”) and Acme Brick Firm (“Acme”) entered right into a March twenty first Consent Administrative Order (“CAO”) addressing alleged violations of a Clear Water Act Nationwide Air pollution Discharge Elimination System (“NPDES”) allow. See LIS No. 22-036.

The CAO offers that Acme operates a minor industrial wastewater remedy facility (“Facility”) in Malvern, Arkansas.

The Facility is acknowledged to discharge handled wastewater to an unnamed tributary which finally flows to the Arkansas River. Such discharge is regulated pursuant to an NPDES Allow.

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DEQ is acknowledged to have carried out a assessment on August 10, 2018, of the Bypass Studies submitted by Acme in accordance with the NPDES Allow. The experiences are acknowledged to have indicated three bypasses of the Facility through the interval August 1, 2015, by July 31, 2018.

Acme is acknowledged to haven’t supplied details about the steps taken to scale back, get rid of, or forestall reoccurrence of the bypasses. Such bypasses are acknowledged to have constituted a violation of the NPDES Allow.

DEQ is acknowledged to have requested that Acme submit a Corrective Motion Plan (“CAP”) to handle and stop future bypasses. The requested CAP was to incorporate a milestone schedule, closing date of compliance, and be licensed by an Arkansas Skilled Engineer. Acme supplied a CAP on November 30, 2018.

Acme is acknowledged to have notified DEQ on December 10, 2018, {that a} bypass started on December 9, 2018. Nonetheless, the response is acknowledged to haven’t supplied data concerning addressing recurrence of the bypass.

A revised CAP was supplied to DEQ by Acme on March 8, 2019. Sure further data was requested by DEQ which was supplied by Acme, together with a plan for momentary remedy and bypass technique whereas he CAP milestones have been being accomplished.

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DEQ subsequently knowledgeable Acme that the CAP can be full with the next stipulations:

  1. The usage of spent lime shouldn’t be authorized presently.
  2. New hydrated lime can be an appropriate technique.
  3. Any new building or modification would require submission of the relevant allow software not less than 180 days upfront of challenge graduation.
  4. Upkeep and refurbishment of current constructions would usually not require a brand new allow.
  5. A revised milestone schedule and closing compliance date ought to be submitted for closing approval by August 31, 2019.
  6. Progress experiences ought to be submitted every calendar quarter till closing compliance is achieved.
  7. A closing compliance report stamped by a Skilled Engineer licensed within the state of Arkansas shall be submitted no later than the ultimate compliance date within the milestone schedule referenced in situation 5. The report, at minimal shall certify all milestones have been accomplished and the ability, with regular operation and upkeep, ought to stay in compliance with the Allow.

The milestone schedule was subsequently revised attributable to materials delays, scheduling difficulties and underestimated challenge prices associated to the COVID pandemic.

A milestone schedule compliance date of January 31, 2025, was subsequently authorized by DEQ.

DEQ carried out a assessment of licensed Discharge Monitoring Studies (“DMRs”) submitted by Acme on November 30, 2021. The assessment is acknowledged to have indicated Acme did not conduct evaluation for the next monitoring interval finish dates:

  • June 30, 2018
  • Might 31, 2020

Acme is required to adjust to the phrases, milestone schedule, and closing compliance date within the authorized CAP and milestone schedule submitted to DEQ on July 30, 2021. Such schedule and closing compliance date are absolutely enforceable as phrases of the CAO.

Additional, quarterly experiences are required to handle progress till the CAO is closed.

Paragraph 3 of the Order and Settlement part of the CAO offers an authorized momentary bypass course of through the interval the CAP is being applied. It requires the documentation of the quantity and length of all bypasses and a requirement to conduct sampling evaluation of the quantity and nature of the mixed effluent discharge from outfall 003-C in accordance with a described chart.

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A civil penalty of $7,000 is assessed which could possibly be decreased to $3,500 if the CAO is returned to DEQ inside 20 calendar days of its receipt.

A duplicate of the CAO could be downloaded right here.



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Sam Pittman breaks down Arkansas' biggest transfer portal needs

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Sam Pittman breaks down Arkansas' biggest transfer portal needs


With the transfer portal in full swing, Arkansas coach Sam Pittman addressed some of the biggest areas of need for his team. The Razorbacks are coming off of a 6-6 finish in the fifth year under Pittman and looking to boost their roster for another run in 2025.

Speaking with media, Pittman highlighted both the offensive and defensive line as the areas where Arkansas needs to be most aggressive in the portal. He also cited the linebacker group as a the position that the team feels best about, saying the Razorbacks will look to improve its defensive backs room first.

“Offensive line would be one (area of need),” the coach said. “Defensive line would be one. We felt like we were pretty good at the linebacker spots. If you go back and look a couple of years ago, the world was falling because this linebacker (left), that linebacker (left).

“I think we all agreed out linebacker room was a strength for us this year. But that would be probably the least worried about (position). We need some safeties. We need some corners. But I think O-line and tight end’s a big deal. Wide receivers. We’ve got several spots to fill, but off the top of my head, that’s who it would be.”

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Since Pittman’s comments, Arkansas has been active in the transfer portal to bring in 13 players. Unfortunately, they’ve also lost 26 more and rank just No. 59 out of 70 teams in On3’s Transfer Portal Team Rankings.

Staying true to to his word, Pittman has brought in four offensive linemen and a pair of defensive lineman through the portal. Former Georgia Tech offensive tackle Corey Robinson II is the highest rated of those additions, coming in as the No. 32 overall player and No. 5 player at his position according to On3’s Transfer Portal Player Rankings.

Arkansas also brought in former Charlotte receiver O’Mega Blake and former Cincinnati cornerback Jordan Young to give it three players ranked in the top 150.

The Razorbacks still have a long way to go to complete their portal class, likely hoping to add some more defensive linemen before it closes later this month. They are looking to make the next push in the SEC next season and the players they’ve gotten so far are a good start.



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Part of Arkansas book ban law is unconstitutional, federal judge rules

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Part of Arkansas book ban law is unconstitutional, federal judge rules


A federal judge ruled on Monday that sections of an Arkansas law, which sought to impose criminal penalties on librarians and booksellers for distributing “harmful” material to children, were unconstitutional.

The law, known as the Arkansas Act 372, was signed into law last year by Republican governor Sarah Huckabee Sanders. It was challenged by a coalition of organizations in the state, leading to a lengthy legal battle that concluded this week.

Two sections of Act 372 subjected librarians and booksellers to jail time for distributing material that is deemed “harmful to children”. Proponents of the law, including Sanders, said the law was put in place to “protect children” from “obscene” material.

“Act 372 is just common sense: schools and libraries shouldn’t put obscene material in front of our kids,” Sanders said in a statement to KATV-TV. “I will work with Attorney General Griffin to appeal this ruling and uphold Arkansas law.”

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The governor signed the bill into law in March 2023, and a coalition of organizations in the state, including the Central Arkansas Library System in Little Rock and the ACLU of Arkansas, challenged it last year, saying the law was vague, overly broad and that the fear of criminal penalties would have a chilling effect on librarians across the state. A federal court temporarily blocked the enforcement of the two sections in question, while the law was being challenged in court.

The two sections that were struck down on Monday had established a criminal misdemeanor for “furnishing a harmful item to a minor”, and would have required local governments to create oversight boards to review challenged material. The organizations opposing the law argued that local officials, at their own discretion, could censor whichever books and material they pleased.

“This is a significant milestone on a long, sometimes rocky road we were obligated to travel after the passage of Act 372,” said Nate Coulter, executive director of the Central Arkansas Library System, in response to Monday’s ruling.

“We took that path to protect our librarians from prosecution for doing their jobs and to prevent some local elected officials from censoring library books they did not feel were ‘appropriate’ for our patrons to read.”

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In 2004, a federal judge struck down a similar law. The year prior, the state passed a law that required booksellers and librarians to hide materials deemed “harmful to minors”. It was deemed unconstitutional after legal challenges.



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Awash in Christmas’ glow | Arkansas Democrat Gazette

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Awash in Christmas’ glow | Arkansas Democrat Gazette


Editor’s note: This is a revised and updated version of a column first appearing Christmas Eve 2015.

On a Saturday morning that spring, I sat alone, having breakfast at Leo’s in Hillcrest. A text came in from Gwen Moritz, then editor of Arkansas Business and regular estate-scale scavenger.

She said she was at that moment looking quite possibly at the very item I’d written longingly about in a Christmas column.

She was at an estate sale at a house maybe five blocks away. I hurried over and went upstairs.

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Indeed, she’d found it, or, more precisely, one very much like it.

There was a brief discussion of estate-sale strategy. You could take a chance that the item wouldn’t sell, in which case you could get it for less on Sunday afternoon.

I took no chance. Full price. Right now. Into my Jeep. Then into the attic, until it was time.

And now it is time.

If all goes according to recent tradition this evening, at or about midnight, I will sit in a comfortable chair next to a deeply warming splash of Jameson whiskey.

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I will turn off all lamps, overhead lights, smartphones, laptops and television sets. I will gather the beagles Roscoe and Sophie at my feet. Shalah will be nearby, pleased to behold my rare serenity.

In the darkness, I will gaze upon, and lose myself in, the vintage 6-foot aluminum Christmas tree, circa ’65, in the corner, a wonder of glorious nostalgia and tackiness.

I will watch the slow-circling color wheel transform the shiny tinfoil of the tree to a calm deep blue and then a peaceful yellow and then a shining green and then an understated red, and back around.

I will listen for the brief grinding sound each time the wheel reintroduces blue.

I will escape to childhood, to life at 10 to 12 in that flat-topped, four-room house at the end of a graveled lane in southwest Little Rock. I will recall a tree like this one, and a permanently creaking color wheel a little bigger and better than this modern online discovery.

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I will be returned to that hardwood floor of the mid-1960s, flat on my stomach, eyes fixed, deep in my happy certainly that this exotic aluminum tree–framed by a picture window outlined in blinking lights–was surely the most magnificent among all monuments of the season.

I will remember the happiness and safety of those 1960s Christmases–of, in fact, an entire childhood.

I will be thankful for the hardworking low-income parents who provided that happy and safe childhood, and the little fundamentalist church that nurtured it, and the public school that educated it, and the community that encouraged it, and the backyard that was a field of dreams–a baseball park, a football stadium, a basketball arena, a golf course.

It was there I threw and caught the passes, even punted high and ran to make the fair catch.

It was there I provided the roar of the crowd and the play-by-play announcing and color commentary.

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I concocted a baseball card for myself, one with impressive statistics and a brief biography that included the nickname: “Fly Ball Brummett.”

My dad told me that you don’t want to hit fly balls, boy, because they get caught for outs. And I explained that fly balls sent airborne by “Fly Ball Brummett” arced like gentle bombs to distant places no outfielder could reach.

He said I was talking about line drives. I said these soar higher than that.

We’d argue that way, and more seriously, for a few more years, and then each of us would realize that the other was smarter than we had thought. Then we got along fairly well.

Cigarettes took him much too young, younger by seven years than I am now. My mom gave me his cufflinks and tie clasp that first Christmas without him. I fled the room teary, much as he’d fled the room that Sunday afternoon years before when I coaxed enough Okinawa memories out of him that he mentioned “Sarge.”

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After a half-hour of Jameson sips and color-wheel hypnosis, I will head to bed. And I will think about Mom, gone now three years, after four years in a nursing home for what they call “cognitive decline.” I will wonder if she remembered at the end, if but for a fleeting moment, that aluminum tree and color wheel of our cozy, happy little home.

It’s more likely that she remembered instead in those last years the very thing I’d spent those moments remembering–the safety and happiness of childhood, her own, which is where she spent her final days.

There are far worse places to be.


John Brummett, whose column appears regularly in the Arkansas Democrat-Gazette, is a member of the Arkansas Writers’ Hall of Fame. Email him at jbrummett@arkansasonline.com. Read his @johnbrummett feed on X, formerly Twitter.

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