CORRESPONDENCE ROUTING

FACILITY Tri-City Utilities Inc

AFIN NO 61-00072 PERMIT NO AR0043486 --~~---------------- --~~~--------------

DIVISION Water Permits Branch DATE RECEIVED NIA -----------------shy REVIEWED BY Loretta Reiber PE Engineer DATE __12_1_1_7_2_0_13_____________

En ineer

Enoineer Su ervisor

Branch Mana er

Assistant Chief

Initials

Request Tri-City Utilities Inc (Tri-City) is a non-profit corporation in Good Standing with the Arkansas Secretary of State Tri-City owns and operates a sanitary sewer treatment plant serving the cities ofOKean Peach Orchard and Delaplaine in Randolph County The articles of incorporation were approved by the circuit court of Randolph County in March 1990

poes this facility meet the definition ofmunicipality in 40 CFR 1222 The court order the articles

of incorporation and Tri-Citys by-laws are attached forJ

( ~ tJ 05 0 eJ J )

f bull

STATE OF ARKANSAS D P RTM NT OF POLLUTION CONTROL AND COLOGY

8001 ATIONAL DRIVE P O 80 891J LITTLE ROCK RICAN AS 72219-8913

PDO E (501) 682middot07middot44 FAXI (501) U2middot OltaO

March 17 1997

MS Dianne Neill Pres ident Tri-City Utilities Inc EO Box 128 OKean AR 72449

RID NPDES Penmit No AR0043486

Dear Ms Neill

As requested in your letter dated March 14 1997 transfer of ownership of the subject permit from the City of OKean to Tri-City Utilities Inc is effective this date

If you have any questions please feel free to contact Mark Bradley in the NPDES Branch at 682-0628

SinC(JJj d _~ ~uCk C Bennett Chief Water Division

cc Permit Compl i ance Sys t em Central Fi l e Felicia Inman Robert Dunawa y Dennis Benson

NPDES PERM) FILE NPDeS A 00lt y _PERMIT PN -CORRESPON

TECIiNICAl P

e bull Tri-City Utilities Incorporated

p o 80x 128 OKean Manso 72449

Mar ch 14 1997

Mark Bradley NPDS Permi ts PO Box 89 13 Little Rock AR 722 19

Dear Mr Bradley

I am writing regarding NPDES Permi t AR0 043486 LIS 95-125-001 which was issued to the Ci ty of O Kean The Sewer Tr eatment Facility that i s located in the Ci t y of OKean 1s part of a Sewer District comprised of t he Ci ty of OKean the City o f Peach Orchard and the City of Delaplaine All portions of the system are owned by a non-profit corporation formed by the three cities jointly and operated by the corportion s nine member board

~hough the deeds of titlement to properties are retained by the respective cities all property is owned jointly by Tr i-City utilities and prot e c ted under the Articles of Incorporation and the By-Laws adop t ed by the three cities

I t is the desire of the Ci t y o f O Kean and Tri-City utilities board of directors to have the permit changed to Tri-City utilities rather than t he City of OKean As Mayor Ragsdell of OKean is no longer on the board of directors we have difficulty receiving correspondence from DPCampE in a timely manner Please assist us a copy of our By- Laws and Thank you

in this endeavor I am enclosing t he Articles of Incorporation

S~Al~ Dianne Neill President

DN dr

- ~

-~ ~ ~OR ~ fy PEltclI tyl(fllfw e~ -- 136 --

bull

By-Laws

Cf Tri~itY utilities Incorpgtrated

_Il bullbull Article I

Gener~l middot ~~s

~ general ~ of tle c~ation is to provide for the efficient qeration and rraintenance of the city-omed water and sewer utilities in the Tri-city camunities of OKean Delaplaine and Peach OrcharQ Arkansas raquogtre specifically

~

1 he corporation shall manage tte business affairs o f t he oity-owned water end sefter systans that serve each of the tht-ee cities am trose users situated outside the boundaries

of the cities

2 he corporation shall provide trainedlicensedcertified ~rsonnel for the profer nanagerent opeJation and mainshytenance of the cityCMOed water arxl sewer systems and othr activities as nay be deemed appropriate by its Board of Directors

Ii

3 The corporation shall be responsible far t le overal l oreration of the said utilities including billing and collecting for services am debts Owing by said cities

4 he corporation shall keep properr6IUired records of rreetings aC(X)Ullting of revenues and disbursements am debt service

s ----~ -

bull - I ~

6 The corporation shall engage in nme but hmorable activities related to the fWlctiOls of the corporation

7 The corporation shall cooduct all activities in accordance with the laws end regulatials governing the operations of ~lic utilities

8 The corporation may f~ time-to-time enploy the middotservices of engineers attorneys accountants andor other professionals as are necessary in carrying out the responsibilities of the coqora~on for administering planning and expanding services

- --shy

9 The c orpgtration shall carryout i ts activities in accordance with the pol icies of the said Iri-city ccmrunity individually and collectively

10 The corpgtration shdl be responsive to the intent aoo purplse of the Tri-city CocperatiVe Agreanent executed ancng the three cities Jure 27 1986 and any subsequent arrendTents thereto

Article II

Name arrl Location

Sec 1 lbe name of this corporation is Tri-city (Jtillties IncorpgtrateL I

Sec 2 The principal office o f this corporation shall be CO)~ c 1 1 ttm= k

~~ f= vf2-ltshy S -7 tt -r cs -J

Article III

Seal

the seal of this corporation shall have inscrihel thereon the name of the rorpgtration the year of its organization an the olOrds Nen-Profit Coqoration bull

Article 11

Fiscal Year

The fiscal year of this corpgtration shall ~in the first day of Jaruary of each year

Article V

GO~~ Board

Board of Directors

Sec 1 Number and General ~s ~e affairs of this corporation shall be JMll8lt3ed by a board of directors canprised of three (3) represen~tives of the cities of OKean Delaplaine and Peach Orcban3 These r epresentashytives shall be applinted by their respective city camcils

Sec 2 TeIrns of Offices The tenns o~ offices of the Eoard of Directors shall not be less than two (2) years nor nore than six (6) years I nitial r eptesentative terms shall be for two (2) four (4) and six (6 ) years in each ccmrunity so as to stagger the teIms of all f uture 8peointees No director shall serve nore than six CQlSecutive years bull

bull I

I

Sec 3 Voting_ Since equal representation by all cities served by Tri shyCity Utilities Inc is desired all memJers of the ~d of Directors to include the President will be entitled to one vote on a ll matters of business to be transacted by such board The majority vote of the board nenbers will rule on all matters presentoo

Sec 4 Regular M=etings The regular rreeting of the Board of Directors wi1l be held mmthly on the seond Monday night of each month of each year at 730 pm

Sec 5 Annual Meeting he annual meeting of tre Ebard will convene at the next regular neeting iJmediately following the January neeting of each of the irXllvidual cities especially for the election of the officers of the Board and revi-ew of the )Sst years opexation and financial condition

Sec 6 Special Meetings Special meetings of the Soard of Directors may be ca~~~_~~ th~ poundli~~~wJlpt ~~~sipen1_______ _ ___

Sec 7 Ngttice of Meeting A written notice am agenda will be mailed to each board JTe1ter at the address sh7tm on the bocs of the cxgtrporationt least 5 days prior to the rneeting date except in case of energency

Sec 8 (porum At any rreeting of the Board five (5) nernlers in attendanoe will onstitute a quorum far the transaction of any business which may properly cane before the meeting In the event there is less than a quorum present the menbers present may adjouxn the neeting to another time with due notice

i- Article VI

Officers

Sec 1 NIlnber and Election At each Annual Meeting of the Board of Directors they shall elect fran their numbers a President ViceshyPresident and a Secretary-Treasurer to serve until the next Annual Meeting of the Board of Directors The B)ard of Directors are hereby authorized to choose and 8p1X)int as many Vice-Presidents Assistant Secretarlestrreasurers as the Directors shall middotfran time to tine deem advisable

Sec 2 President The President shall preside over all meetings of the Corpocation the Board of Directors and any cxnrnittee meetings Perform all acts and duties usually perfomed by an executive and presiding officer and sign all legal certificates and docurrents as he nay be authorized to by the Board of Directors

f bull

STATE OF ARKANSAS D P RTM NT OF POLLUTION CONTROL AND COLOGY

8001 ATIONAL DRIVE P O 80 891J LITTLE ROCK RICAN AS 72219-8913

PDO E (501) 682middot07middot44 FAXI (501) U2middot OltaO

March 17 1997

MS Dianne Neill Pres ident Tri-City Utilities Inc EO Box 128 OKean AR 72449

RID NPDES Penmit No AR0043486

Dear Ms Neill

As requested in your letter dated March 14 1997 transfer of ownership of the subject permit from the City of OKean to Tri-City Utilities Inc is effective this date

If you have any questions please feel free to contact Mark Bradley in the NPDES Branch at 682-0628

SinC(JJj d _~ ~uCk C Bennett Chief Water Division

cc Permit Compl i ance Sys t em Central Fi l e Felicia Inman Robert Dunawa y Dennis Benson

NPDES PERM) FILE NPDeS A 00lt y _PERMIT PN -CORRESPON

TECIiNICAl P

e bull Tri-City Utilities Incorporated

p o 80x 128 OKean Manso 72449

Mar ch 14 1997

Mark Bradley NPDS Permi ts PO Box 89 13 Little Rock AR 722 19

Dear Mr Bradley

I am writing regarding NPDES Permi t AR0 043486 LIS 95-125-001 which was issued to the Ci ty of O Kean The Sewer Tr eatment Facility that i s located in the Ci t y of OKean 1s part of a Sewer District comprised of t he Ci ty of OKean the City o f Peach Orchard and the City of Delaplaine All portions of the system are owned by a non-profit corporation formed by the three cities jointly and operated by the corportion s nine member board

~hough the deeds of titlement to properties are retained by the respective cities all property is owned jointly by Tr i-City utilities and prot e c ted under the Articles of Incorporation and the By-Laws adop t ed by the three cities

I t is the desire of the Ci t y o f O Kean and Tri-City utilities board of directors to have the permit changed to Tri-City utilities rather than t he City of OKean As Mayor Ragsdell of OKean is no longer on the board of directors we have difficulty receiving correspondence from DPCampE in a timely manner Please assist us a copy of our By- Laws and Thank you

in this endeavor I am enclosing t he Articles of Incorporation

S~Al~ Dianne Neill President

DN dr

- ~

-~ ~ ~OR ~ fy PEltclI tyl(fllfw e~ -- 136 --

bull

By-Laws

Cf Tri~itY utilities Incorpgtrated

_Il bullbull Article I

Gener~l middot ~~s

~ general ~ of tle c~ation is to provide for the efficient qeration and rraintenance of the city-omed water and sewer utilities in the Tri-city camunities of OKean Delaplaine and Peach OrcharQ Arkansas raquogtre specifically

~

1 he corporation shall manage tte business affairs o f t he oity-owned water end sefter systans that serve each of the tht-ee cities am trose users situated outside the boundaries

of the cities

2 he corporation shall provide trainedlicensedcertified ~rsonnel for the profer nanagerent opeJation and mainshytenance of the cityCMOed water arxl sewer systems and othr activities as nay be deemed appropriate by its Board of Directors

Ii

3 The corporation shall be responsible far t le overal l oreration of the said utilities including billing and collecting for services am debts Owing by said cities

4 he corporation shall keep properr6IUired records of rreetings aC(X)Ullting of revenues and disbursements am debt service

s ----~ -

bull - I ~

6 The corporation shall engage in nme but hmorable activities related to the fWlctiOls of the corporation

7 The corporation shall cooduct all activities in accordance with the laws end regulatials governing the operations of ~lic utilities

8 The corporation may f~ time-to-time enploy the middotservices of engineers attorneys accountants andor other professionals as are necessary in carrying out the responsibilities of the coqora~on for administering planning and expanding services

- --shy

9 The c orpgtration shall carryout i ts activities in accordance with the pol icies of the said Iri-city ccmrunity individually and collectively

10 The corpgtration shdl be responsive to the intent aoo purplse of the Tri-city CocperatiVe Agreanent executed ancng the three cities Jure 27 1986 and any subsequent arrendTents thereto

Article II

Name arrl Location

Sec 1 lbe name of this corporation is Tri-city (Jtillties IncorpgtrateL I

Sec 2 The principal office o f this corporation shall be CO)~ c 1 1 ttm= k

~~ f= vf2-ltshy S -7 tt -r cs -J

Article III

Seal

the seal of this corporation shall have inscrihel thereon the name of the rorpgtration the year of its organization an the olOrds Nen-Profit Coqoration bull

Article 11

Fiscal Year

The fiscal year of this corpgtration shall ~in the first day of Jaruary of each year

Article V

GO~~ Board

Board of Directors

Sec 1 Number and General ~s ~e affairs of this corporation shall be JMll8lt3ed by a board of directors canprised of three (3) represen~tives of the cities of OKean Delaplaine and Peach Orcban3 These r epresentashytives shall be applinted by their respective city camcils

Sec 2 TeIrns of Offices The tenns o~ offices of the Eoard of Directors shall not be less than two (2) years nor nore than six (6) years I nitial r eptesentative terms shall be for two (2) four (4) and six (6 ) years in each ccmrunity so as to stagger the teIms of all f uture 8peointees No director shall serve nore than six CQlSecutive years bull

bull I

I

Sec 3 Voting_ Since equal representation by all cities served by Tri shyCity Utilities Inc is desired all memJers of the ~d of Directors to include the President will be entitled to one vote on a ll matters of business to be transacted by such board The majority vote of the board nenbers will rule on all matters presentoo

Sec 4 Regular M=etings The regular rreeting of the Board of Directors wi1l be held mmthly on the seond Monday night of each month of each year at 730 pm

Sec 5 Annual Meeting he annual meeting of tre Ebard will convene at the next regular neeting iJmediately following the January neeting of each of the irXllvidual cities especially for the election of the officers of the Board and revi-ew of the )Sst years opexation and financial condition

Sec 6 Special Meetings Special meetings of the Soard of Directors may be ca~~~_~~ th~ poundli~~~wJlpt ~~~sipen1_______ _ ___

Sec 7 Ngttice of Meeting A written notice am agenda will be mailed to each board JTe1ter at the address sh7tm on the bocs of the cxgtrporationt least 5 days prior to the rneeting date except in case of energency

Sec 8 (porum At any rreeting of the Board five (5) nernlers in attendanoe will onstitute a quorum far the transaction of any business which may properly cane before the meeting In the event there is less than a quorum present the menbers present may adjouxn the neeting to another time with due notice

i- Article VI

Officers

Sec 1 NIlnber and Election At each Annual Meeting of the Board of Directors they shall elect fran their numbers a President ViceshyPresident and a Secretary-Treasurer to serve until the next Annual Meeting of the Board of Directors The B)ard of Directors are hereby authorized to choose and 8p1X)int as many Vice-Presidents Assistant Secretarlestrreasurers as the Directors shall middotfran time to tine deem advisable

Sec 2 President The President shall preside over all meetings of the Corpocation the Board of Directors and any cxnrnittee meetings Perform all acts and duties usually perfomed by an executive and presiding officer and sign all legal certificates and docurrents as he nay be authorized to by the Board of Directors

e bull Tri-City Utilities Incorporated

p o 80x 128 OKean Manso 72449

Mar ch 14 1997

Mark Bradley NPDS Permi ts PO Box 89 13 Little Rock AR 722 19

Dear Mr Bradley

I am writing regarding NPDES Permi t AR0 043486 LIS 95-125-001 which was issued to the Ci ty of O Kean The Sewer Tr eatment Facility that i s located in the Ci t y of OKean 1s part of a Sewer District comprised of t he Ci ty of OKean the City o f Peach Orchard and the City of Delaplaine All portions of the system are owned by a non-profit corporation formed by the three cities jointly and operated by the corportion s nine member board

~hough the deeds of titlement to properties are retained by the respective cities all property is owned jointly by Tr i-City utilities and prot e c ted under the Articles of Incorporation and the By-Laws adop t ed by the three cities

I t is the desire of the Ci t y o f O Kean and Tri-City utilities board of directors to have the permit changed to Tri-City utilities rather than t he City of OKean As Mayor Ragsdell of OKean is no longer on the board of directors we have difficulty receiving correspondence from DPCampE in a timely manner Please assist us a copy of our By- Laws and Thank you

in this endeavor I am enclosing t he Articles of Incorporation

S~Al~ Dianne Neill President

DN dr

- ~

-~ ~ ~OR ~ fy PEltclI tyl(fllfw e~ -- 136 --

bull

By-Laws

Cf Tri~itY utilities Incorpgtrated

_Il bullbull Article I

Gener~l middot ~~s

~ general ~ of tle c~ation is to provide for the efficient qeration and rraintenance of the city-omed water and sewer utilities in the Tri-city camunities of OKean Delaplaine and Peach OrcharQ Arkansas raquogtre specifically

~

1 he corporation shall manage tte business affairs o f t he oity-owned water end sefter systans that serve each of the tht-ee cities am trose users situated outside the boundaries

of the cities

2 he corporation shall provide trainedlicensedcertified ~rsonnel for the profer nanagerent opeJation and mainshytenance of the cityCMOed water arxl sewer systems and othr activities as nay be deemed appropriate by its Board of Directors

Ii

3 The corporation shall be responsible far t le overal l oreration of the said utilities including billing and collecting for services am debts Owing by said cities

4 he corporation shall keep properr6IUired records of rreetings aC(X)Ullting of revenues and disbursements am debt service

s ----~ -

bull - I ~

6 The corporation shall engage in nme but hmorable activities related to the fWlctiOls of the corporation

7 The corporation shall cooduct all activities in accordance with the laws end regulatials governing the operations of ~lic utilities

8 The corporation may f~ time-to-time enploy the middotservices of engineers attorneys accountants andor other professionals as are necessary in carrying out the responsibilities of the coqora~on for administering planning and expanding services

- --shy

9 The c orpgtration shall carryout i ts activities in accordance with the pol icies of the said Iri-city ccmrunity individually and collectively

10 The corpgtration shdl be responsive to the intent aoo purplse of the Tri-city CocperatiVe Agreanent executed ancng the three cities Jure 27 1986 and any subsequent arrendTents thereto

Article II

Name arrl Location

Sec 1 lbe name of this corporation is Tri-city (Jtillties IncorpgtrateL I

Sec 2 The principal office o f this corporation shall be CO)~ c 1 1 ttm= k

~~ f= vf2-ltshy S -7 tt -r cs -J

Article III

Seal

the seal of this corporation shall have inscrihel thereon the name of the rorpgtration the year of its organization an the olOrds Nen-Profit Coqoration bull

Article 11

Fiscal Year

The fiscal year of this corpgtration shall ~in the first day of Jaruary of each year

Article V

GO~~ Board

Board of Directors

Sec 1 Number and General ~s ~e affairs of this corporation shall be JMll8lt3ed by a board of directors canprised of three (3) represen~tives of the cities of OKean Delaplaine and Peach Orcban3 These r epresentashytives shall be applinted by their respective city camcils

Sec 2 TeIrns of Offices The tenns o~ offices of the Eoard of Directors shall not be less than two (2) years nor nore than six (6) years I nitial r eptesentative terms shall be for two (2) four (4) and six (6 ) years in each ccmrunity so as to stagger the teIms of all f uture 8peointees No director shall serve nore than six CQlSecutive years bull

bull I

I

Sec 3 Voting_ Since equal representation by all cities served by Tri shyCity Utilities Inc is desired all memJers of the ~d of Directors to include the President will be entitled to one vote on a ll matters of business to be transacted by such board The majority vote of the board nenbers will rule on all matters presentoo

Sec 4 Regular M=etings The regular rreeting of the Board of Directors wi1l be held mmthly on the seond Monday night of each month of each year at 730 pm

Sec 5 Annual Meeting he annual meeting of tre Ebard will convene at the next regular neeting iJmediately following the January neeting of each of the irXllvidual cities especially for the election of the officers of the Board and revi-ew of the )Sst years opexation and financial condition

Sec 6 Special Meetings Special meetings of the Soard of Directors may be ca~~~_~~ th~ poundli~~~wJlpt ~~~sipen1_______ _ ___

Sec 7 Ngttice of Meeting A written notice am agenda will be mailed to each board JTe1ter at the address sh7tm on the bocs of the cxgtrporationt least 5 days prior to the rneeting date except in case of energency

Sec 8 (porum At any rreeting of the Board five (5) nernlers in attendanoe will onstitute a quorum far the transaction of any business which may properly cane before the meeting In the event there is less than a quorum present the menbers present may adjouxn the neeting to another time with due notice

i- Article VI

Officers

Sec 1 NIlnber and Election At each Annual Meeting of the Board of Directors they shall elect fran their numbers a President ViceshyPresident and a Secretary-Treasurer to serve until the next Annual Meeting of the Board of Directors The B)ard of Directors are hereby authorized to choose and 8p1X)int as many Vice-Presidents Assistant Secretarlestrreasurers as the Directors shall middotfran time to tine deem advisable

Sec 2 President The President shall preside over all meetings of the Corpocation the Board of Directors and any cxnrnittee meetings Perform all acts and duties usually perfomed by an executive and presiding officer and sign all legal certificates and docurrents as he nay be authorized to by the Board of Directors

- ~

-~ ~ ~OR ~ fy PEltclI tyl(fllfw e~ -- 136 --

bull

By-Laws

Cf Tri~itY utilities Incorpgtrated

_Il bullbull Article I

Gener~l middot ~~s

~ general ~ of tle c~ation is to provide for the efficient qeration and rraintenance of the city-omed water and sewer utilities in the Tri-city camunities of OKean Delaplaine and Peach OrcharQ Arkansas raquogtre specifically

~

1 he corporation shall manage tte business affairs o f t he oity-owned water end sefter systans that serve each of the tht-ee cities am trose users situated outside the boundaries

of the cities

2 he corporation shall provide trainedlicensedcertified ~rsonnel for the profer nanagerent opeJation and mainshytenance of the cityCMOed water arxl sewer systems and othr activities as nay be deemed appropriate by its Board of Directors

Ii

3 The corporation shall be responsible far t le overal l oreration of the said utilities including billing and collecting for services am debts Owing by said cities

4 he corporation shall keep properr6IUired records of rreetings aC(X)Ullting of revenues and disbursements am debt service

s ----~ -

bull - I ~

6 The corporation shall engage in nme but hmorable activities related to the fWlctiOls of the corporation

7 The corporation shall cooduct all activities in accordance with the laws end regulatials governing the operations of ~lic utilities

8 The corporation may f~ time-to-time enploy the middotservices of engineers attorneys accountants andor other professionals as are necessary in carrying out the responsibilities of the coqora~on for administering planning and expanding services

- --shy

9 The c orpgtration shall carryout i ts activities in accordance with the pol icies of the said Iri-city ccmrunity individually and collectively

10 The corpgtration shdl be responsive to the intent aoo purplse of the Tri-city CocperatiVe Agreanent executed ancng the three cities Jure 27 1986 and any subsequent arrendTents thereto

Article II

Name arrl Location

Sec 1 lbe name of this corporation is Tri-city (Jtillties IncorpgtrateL I

Sec 2 The principal office o f this corporation shall be CO)~ c 1 1 ttm= k

~~ f= vf2-ltshy S -7 tt -r cs -J

Article III

Seal

the seal of this corporation shall have inscrihel thereon the name of the rorpgtration the year of its organization an the olOrds Nen-Profit Coqoration bull

Article 11

Fiscal Year

The fiscal year of this corpgtration shall ~in the first day of Jaruary of each year

Article V

GO~~ Board

Board of Directors

Sec 1 Number and General ~s ~e affairs of this corporation shall be JMll8lt3ed by a board of directors canprised of three (3) represen~tives of the cities of OKean Delaplaine and Peach Orcban3 These r epresentashytives shall be applinted by their respective city camcils

Sec 2 TeIrns of Offices The tenns o~ offices of the Eoard of Directors shall not be less than two (2) years nor nore than six (6) years I nitial r eptesentative terms shall be for two (2) four (4) and six (6 ) years in each ccmrunity so as to stagger the teIms of all f uture 8peointees No director shall serve nore than six CQlSecutive years bull

bull I

I

Sec 3 Voting_ Since equal representation by all cities served by Tri shyCity Utilities Inc is desired all memJers of the ~d of Directors to include the President will be entitled to one vote on a ll matters of business to be transacted by such board The majority vote of the board nenbers will rule on all matters presentoo

Sec 4 Regular M=etings The regular rreeting of the Board of Directors wi1l be held mmthly on the seond Monday night of each month of each year at 730 pm

Sec 5 Annual Meeting he annual meeting of tre Ebard will convene at the next regular neeting iJmediately following the January neeting of each of the irXllvidual cities especially for the election of the officers of the Board and revi-ew of the )Sst years opexation and financial condition

Sec 6 Special Meetings Special meetings of the Soard of Directors may be ca~~~_~~ th~ poundli~~~wJlpt ~~~sipen1_______ _ ___

Sec 7 Ngttice of Meeting A written notice am agenda will be mailed to each board JTe1ter at the address sh7tm on the bocs of the cxgtrporationt least 5 days prior to the rneeting date except in case of energency

Sec 8 (porum At any rreeting of the Board five (5) nernlers in attendanoe will onstitute a quorum far the transaction of any business which may properly cane before the meeting In the event there is less than a quorum present the menbers present may adjouxn the neeting to another time with due notice

i- Article VI

Officers

Sec 1 NIlnber and Election At each Annual Meeting of the Board of Directors they shall elect fran their numbers a President ViceshyPresident and a Secretary-Treasurer to serve until the next Annual Meeting of the Board of Directors The B)ard of Directors are hereby authorized to choose and 8p1X)int as many Vice-Presidents Assistant Secretarlestrreasurers as the Directors shall middotfran time to tine deem advisable

Sec 2 President The President shall preside over all meetings of the Corpocation the Board of Directors and any cxnrnittee meetings Perform all acts and duties usually perfomed by an executive and presiding officer and sign all legal certificates and docurrents as he nay be authorized to by the Board of Directors

- --shy

9 The c orpgtration shall carryout i ts activities in accordance with the pol icies of the said Iri-city ccmrunity individually and collectively

10 The corpgtration shdl be responsive to the intent aoo purplse of the Tri-city CocperatiVe Agreanent executed ancng the three cities Jure 27 1986 and any subsequent arrendTents thereto

Article II

Name arrl Location

Sec 1 lbe name of this corporation is Tri-city (Jtillties IncorpgtrateL I

Sec 2 The principal office o f this corporation shall be CO)~ c 1 1 ttm= k

~~ f= vf2-ltshy S -7 tt -r cs -J

Article III

Seal

the seal of this corporation shall have inscrihel thereon the name of the rorpgtration the year of its organization an the olOrds Nen-Profit Coqoration bull

Article 11

Fiscal Year

The fiscal year of this corpgtration shall ~in the first day of Jaruary of each year

Article V

GO~~ Board

Board of Directors

Sec 1 Number and General ~s ~e affairs of this corporation shall be JMll8lt3ed by a board of directors canprised of three (3) represen~tives of the cities of OKean Delaplaine and Peach Orcban3 These r epresentashytives shall be applinted by their respective city camcils

Sec 2 TeIrns of Offices The tenns o~ offices of the Eoard of Directors shall not be less than two (2) years nor nore than six (6) years I nitial r eptesentative terms shall be for two (2) four (4) and six (6 ) years in each ccmrunity so as to stagger the teIms of all f uture 8peointees No director shall serve nore than six CQlSecutive years bull

bull I

I

Sec 3 Voting_ Since equal representation by all cities served by Tri shyCity Utilities Inc is desired all memJers of the ~d of Directors to include the President will be entitled to one vote on a ll matters of business to be transacted by such board The majority vote of the board nenbers will rule on all matters presentoo

Sec 4 Regular M=etings The regular rreeting of the Board of Directors wi1l be held mmthly on the seond Monday night of each month of each year at 730 pm

Sec 5 Annual Meeting he annual meeting of tre Ebard will convene at the next regular neeting iJmediately following the January neeting of each of the irXllvidual cities especially for the election of the officers of the Board and revi-ew of the )Sst years opexation and financial condition

Sec 6 Special Meetings Special meetings of the Soard of Directors may be ca~~~_~~ th~ poundli~~~wJlpt ~~~sipen1_______ _ ___

Sec 7 Ngttice of Meeting A written notice am agenda will be mailed to each board JTe1ter at the address sh7tm on the bocs of the cxgtrporationt least 5 days prior to the rneeting date except in case of energency

Sec 8 (porum At any rreeting of the Board five (5) nernlers in attendanoe will onstitute a quorum far the transaction of any business which may properly cane before the meeting In the event there is less than a quorum present the menbers present may adjouxn the neeting to another time with due notice

i- Article VI

Officers

Sec 1 NIlnber and Election At each Annual Meeting of the Board of Directors they shall elect fran their numbers a President ViceshyPresident and a Secretary-Treasurer to serve until the next Annual Meeting of the Board of Directors The B)ard of Directors are hereby authorized to choose and 8p1X)int as many Vice-Presidents Assistant Secretarlestrreasurers as the Directors shall middotfran time to tine deem advisable

Sec 2 President The President shall preside over all meetings of the Corpocation the Board of Directors and any cxnrnittee meetings Perform all acts and duties usually perfomed by an executive and presiding officer and sign all legal certificates and docurrents as he nay be authorized to by the Board of Directors

I

Sec 3 Voting_ Since equal representation by all cities served by Tri shyCity Utilities Inc is desired all memJers of the ~d of Directors to include the President will be entitled to one vote on a ll matters of business to be transacted by such board The majority vote of the board nenbers will rule on all matters presentoo

Sec 4 Regular M=etings The regular rreeting of the Board of Directors wi1l be held mmthly on the seond Monday night of each month of each year at 730 pm

Sec 5 Annual Meeting he annual meeting of tre Ebard will convene at the next regular neeting iJmediately following the January neeting of each of the irXllvidual cities especially for the election of the officers of the Board and revi-ew of the )Sst years opexation and financial condition

Sec 6 Special Meetings Special meetings of the Soard of Directors may be ca~~~_~~ th~ poundli~~~wJlpt ~~~sipen1_______ _ ___

Sec 7 Ngttice of Meeting A written notice am agenda will be mailed to each board JTe1ter at the address sh7tm on the bocs of the cxgtrporationt least 5 days prior to the rneeting date except in case of energency

Sec 8 (porum At any rreeting of the Board five (5) nernlers in attendanoe will onstitute a quorum far the transaction of any business which may properly cane before the meeting In the event there is less than a quorum present the menbers present may adjouxn the neeting to another time with due notice

i- Article VI

Officers

Sec 1 NIlnber and Election At each Annual Meeting of the Board of Directors they shall elect fran their numbers a President ViceshyPresident and a Secretary-Treasurer to serve until the next Annual Meeting of the Board of Directors The B)ard of Directors are hereby authorized to choose and 8p1X)int as many Vice-Presidents Assistant Secretarlestrreasurers as the Directors shall middotfran time to tine deem advisable

Sec 2 President The President shall preside over all meetings of the Corpocation the Board of Directors and any cxnrnittee meetings Perform all acts and duties usually perfomed by an executive and presiding officer and sign all legal certificates and docurrents as he nay be authorized to by the Board of Directors

bull bull

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I

ampK 3 Vk-e-President In the absence of tre Presidentl or in the event of his inability or refusal to act the Vice-President shall perform thl I

duties of the President anl when so acting shall have the pOoer5 of and be subject to all the restricti015 upon the President 8lP shall perform such other duties as fxan tine middotto tiJre may be assiqned to him by the Board of Directors In the ebslOce of the Vice-President the duties of the office shall be perforrred by a Vice-President designated by the Board of Directors

Sec 4 Secretary-Treasurer The Secretary-llreasurer shall ~ I bullbull

]i -Jlteep the riiintites of-the rieetin]s of the Board of Directors in one or more books middotprovided for that p1rPOse See that all

n6tiies of meetings aremiddotgiven middotas r~edby these By-Laws

B Be kept inforned of the reords and the seal of the coqoration and detennirie the seal is affixed to all certificates of nembershyship am to all other dOCmIlts the -execution of which has been duly authorized in accordance with the provisions of the By-Laws

C llteegt a register of the names aampiresses and telephone nunbers of the Board of Directors and the tezms of office of each Director

D Be kept infonred of all funds ani securities of the coqoration and cause to be naintained a prqer record of the receipts and dishursarents of the corporation in accordance with good accounting practices

E J3e kegtt informed of all deposited funds of the corpgtration to be disbursed when such disburserrents shall have been duly approved

F In general perfonn all the duties incident to the office of the Seltretaxy-Treasurer and such other duties as nay be assigned by the Board of Directors

Sec 5 ElTployees lhe Board of Directors will enploy a manager tocarry on the bJsiness and affairs of the corporation The duties and respmsibilities of the nanager sMll be defined by the Corporations Personnel Policies

bull c bull

bull State of Arkansas

SECRETARY OF STATE

Sharon Priest BJCDIampTAJI1 or ftArW

To All to Whom These Presents Shall Come Greeting

I Sharon Priest Secretary of State o f the State of Arkansas do hereby certify that the following and hereto attached instrument of writing is a true and perfect copy of

TIl- CITY UTILITIES _ INC

In Testimony Whereof I have hereunto set my hand and official seal on this

the 18TH day of __---IoHARMMlgtlCCH_ ____ bull 19 96

Sharon Priest Secretary of State

By~h~ (Corporations Division)

DAVID MORROil CClIRey 1-2795

State CapItol bull Uttle Rock Arkansas 72201-1094 bull (501) 682-1010

A

I II ~ J il k - I JC

I N THE CIRCUIT COURT OF RANDOLPH COUNTY1 ~SAS

IN THE MATTER OF THE INCORPORATION _--t ~ imiddoti OF TRI-CITY UTILITIES INC _ - ~NO CIV-89 -94

QRDER

On this ~~~y of March 1990 court being in session there

came on to be heard the petition of Debbie Ragsdell et aI for

approval of the articl es of inoorporation of Tri-city utilities

Inc

The court being fully advised from a review of t he verified

petition the attached artiCles of i ncorporation s t atements of

counsel and other things faots and matters before the court does

find that

1 Th e p etit i on and articles i n a ll things meet the- J

r equ irements of the applicable statutes of t he stat e of Arkansas

2 The proposed incorporation is f or a lawful purpose

J The proposed corporation will be a non-profit corporation

and no part of its earnings shall ever be d istributed or i nure to the benefit of any memher r director of individual~

-

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compliance with the statutory requirements as to fil i ng b y the

incorporators the secretary of state shall issue a certificate of

incorporati on to the i ncorporators herein

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State of Arkansas - Office of the Secretary of State

Articles of Incorporation

OF

We the undersigned acting as incorporators of a corporation under the Ark-ansas Non-profit Act (Act 176 of 1963) adopt the following articles of incorporation of such corporation

The nsme 01 the COIPOration shall be FIRST

( __Tr~i-Ci~middottyL-Ot=jJ=jti=middotes=~Inc=_-------------shy

The purpose or pufPOS8$ for which the corporation is organized are SECOND

PrCNiQe efficieDt operatiCa and naintenanee of the city-owned water am sewer utilities in the Tri-city cxmtIlIlities of OKean Delaplaine and Peach Orchard ArcanSaSmiddot

The period of duration is PerpetUal fran tiJre of incorporation THIRD

bull 4

Any provisions nOllnCOnsislent with the law which the incorporators elect to set FOURTH forth in the Artloles of Incarperiion for the regulation of the internal affairs 01 said

corporation Including any provisions for df$lributlon of assetS on dissolution or

fiiisl IIquldatlon ~ ~ bull f

DlStrWutioo lof ~ts upal dissolution or liquidatioo shall be in porticns based on origin First by the ratio each jurisdiction has to the total n~~p~~ers Second andor by nethxls ~ by the~flrltfirmp)1

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CERTIFIED COpymiddot -

Thead~ress o(Ihe main office or principal place (II l sinessFIFTH

OKean Ccmnlnity Center PO Box 95 OKean AR 72449

and the name of the registered agent at such address

Debbie Ragsdell

The number of direotors constituting the inillal board o directors (shall not be lessSIXTH

than three) Nine

The name and address of Ihe persons who are 10 serve as the initial directors Lynn l-llrrayMarvene Lance =r5~General Delivery PO Box 87 Delaplaine AR 72425 Peach Orchard AR 72453OKean AR 72449

Detbie Ragsdell Elwanda Clayton David Burton PO Box 53 Box 26PO Box 95

OKean AR 72449 Delaplaine AR 7~~~~ ~ch Orchard AR 72453

Danny Gifford O1acey Dean Eveland Ellen Wellheusen General DeliVery PO Box 98 Box 130

Delaplaine AR 72425 Peach Orchard AR 72453OKean AR 72449

The name and addreSs of each incorporatorSEVENn-

Debbie Racjsdeli Mayor Town of OKean PO Box 95 OKean AR 72449 Eli MJrray Mayor City of Delaplaine PO Box 72 Delaplaine AR 72425 MarY Harper Mayor City of Peach Orchard PO Box 54 Peach Orchard AR 72453

~ INCORPORATORS

Igi~kpounde Ralt]sdell Mayor

Town of 0 I Iltean

middot ~pound~kV Mary larper lOr City of Peach Olchard -

Deted CERitE)middotCOP~

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~ STATE OF ARKANSAS

COUNTY OF GREENE Debbi e Ragsdell El i Kurray and Kary Harper being first dulY

sworn do state on middotoath that they have read the withiD and foregoing

articles of incorporati on and that the t hings facts and matters set forth t herei n are t rue and correct as they verily believe

dld46~Debbie Ragsdell

fibMAftEli MUrray ~~----

~~a~~----------Subscribed and sworn to before me a NotarY public this ~

day of oc toberr ~9 89

Notary

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compact approved by tbe Congress or any other

agency of two or more States having substantial

powers or duties pertai~ing to the control of

pollution as determined and approved by the

Administrator under the CWA and regulations

Major facility means any NPDES facility or

activity classified as such by the Regional

Administrator or in the case of approved State

programs the Regional Administrator In

conjunction with the State Director

Maximum daily discharge limitation means the

highest allowable daily discharge

Municipal separate storm sewer system is defined

at sect 12226 (b)(4) and (b)(7)

Municipality means a city town borough county

parish district association or other public body

created by or under State law and having

jurisdiction over disposal of sewage industrial

wastes or other wastes or an Indian tribe or an

authorized Indian tribal organization or a

designated and approved management agency under

section 208 of CWA

National Pollutant Discharge Elimination System

(NPDES) means the national program for issuing

modifying revoking and reissuing terminating

monitoring and enforcing permits and imposing

and enforcing pretreatment requirements under

sections 307 402 318 and 405 of CWA The term

includes an approved program

New discharger means any building structure

facility or installation

(a) From which there is or may be a discharge of

pollutants

(b) That did not commence the discharge of

pollutants at a particular site prior to August 13

1979

(c) Which is not a new source and

(d) Which has never received a finally effective

NDPES permit for discharges at that site

This definition includes an indirect discharger

which commences discharging into waters of the

United States after August 13 1979 It also

includes any existing mobile point source (other

than an offshore or coastal oil and gas exploratory

drilling rig or a coastal oil and gas developmental

drilling rig) such as a seafood processing rig

seafood processing vessel or aggregate plant that

begins discharging at a site for which it does not

have a permit and any offshore or coastal mobile

oil and gas exploratory drilling rig or coastal

mobile oil and gas developmental drilling rig that

commences the discharge of pollutants after August

13 1979 at a site under EPAs permitting

jurisdiction for which it is not covered by an

individual or general permit and which is located in

an area determined by the Regional Administrator

in the issuance of a final permit to be an area or

biological concern In determining whether an area

is an area of biological concern the Regional

Administrator shall consider the factors specified in

40 CFR 125112(a)( I) through (10)

An offshore or coastal mobile exploratory drilling

rig or coastal mobile deve lopmental drilling rig will

be considered a new discharger only for the

duration of its discharge in an area of biological

concern

New source means any building structure facility

or installation from which there is or may be a

discharge of pollutants the construction of which

commenced

(a) After promulgation of standards of performance

under section 306 of CWA which are applicable to

such source or

(b) After proposal of standards of performance in

accordance with section 306 of CWA which are

applicable to such source but only if the standards

are promulgated in accordance with section 306

within 120 days of their proposal

copy 2013 Thomson Reuters No Claim to Orig US Gov Works

-___------e_e---f----tfRTfFiED COpy

compliance with the statutory requirements as to fil i ng b y the

incorporators the secretary of state shall issue a certificate of

incorporati on to the i ncorporators herein

CERTtFEf) middot~(Opy

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CERT1FiEi ~~toPY

State of Arkansas - Office of the Secretary of State

Articles of Incorporation

OF

We the undersigned acting as incorporators of a corporation under the Ark-ansas Non-profit Act (Act 176 of 1963) adopt the following articles of incorporation of such corporation

The nsme 01 the COIPOration shall be FIRST

( __Tr~i-Ci~middottyL-Ot=jJ=jti=middotes=~Inc=_-------------shy

The purpose or pufPOS8$ for which the corporation is organized are SECOND

PrCNiQe efficieDt operatiCa and naintenanee of the city-owned water am sewer utilities in the Tri-city cxmtIlIlities of OKean Delaplaine and Peach Orchard ArcanSaSmiddot

The period of duration is PerpetUal fran tiJre of incorporation THIRD

bull 4

Any provisions nOllnCOnsislent with the law which the incorporators elect to set FOURTH forth in the Artloles of Incarperiion for the regulation of the internal affairs 01 said

corporation Including any provisions for df$lributlon of assetS on dissolution or

fiiisl IIquldatlon ~ ~ bull f

DlStrWutioo lof ~ts upal dissolution or liquidatioo shall be in porticns based on origin First by the ratio each jurisdiction has to the total n~~p~~ers Second andor by nethxls ~ by the~flrltfirmp)1

j j~~JJ ft)e IR-TT-01 I bull ri

CERTIFIED COpymiddot -

Thead~ress o(Ihe main office or principal place (II l sinessFIFTH

OKean Ccmnlnity Center PO Box 95 OKean AR 72449

and the name of the registered agent at such address

Debbie Ragsdell

The number of direotors constituting the inillal board o directors (shall not be lessSIXTH

than three) Nine

The name and address of Ihe persons who are 10 serve as the initial directors Lynn l-llrrayMarvene Lance =r5~General Delivery PO Box 87 Delaplaine AR 72425 Peach Orchard AR 72453OKean AR 72449

Detbie Ragsdell Elwanda Clayton David Burton PO Box 53 Box 26PO Box 95

OKean AR 72449 Delaplaine AR 7~~~~ ~ch Orchard AR 72453

Danny Gifford O1acey Dean Eveland Ellen Wellheusen General DeliVery PO Box 98 Box 130

Delaplaine AR 72425 Peach Orchard AR 72453OKean AR 72449

The name and addreSs of each incorporatorSEVENn-

Debbie Racjsdeli Mayor Town of OKean PO Box 95 OKean AR 72449 Eli MJrray Mayor City of Delaplaine PO Box 72 Delaplaine AR 72425 MarY Harper Mayor City of Peach Orchard PO Box 54 Peach Orchard AR 72453

~ INCORPORATORS

Igi~kpounde Ralt]sdell Mayor

Town of 0 I Iltean

middot ~pound~kV Mary larper lOr City of Peach Olchard -

Deted CERitE)middotCOP~

r L ~

--

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~ -~ - 10-= -~( 3) --shy

CER1FE) COpy

~ STATE OF ARKANSAS

COUNTY OF GREENE Debbi e Ragsdell El i Kurray and Kary Harper being first dulY

sworn do state on middotoath that they have read the withiD and foregoing

articles of incorporati on and that the t hings facts and matters set forth t herei n are t rue and correct as they verily believe

dld46~Debbie Ragsdell

fibMAftEli MUrray ~~----

~~a~~----------Subscribed and sworn to before me a NotarY public this ~

day of oc toberr ~9 89

Notary

~ - bull I ~ a My commission EXPires- - - ~ lt (-fI

~~CeRTIFfElY~ C0p Y - ( SEAL) - I ~

bull t - shy

bull _ L~ bull I i bull ~

bull bull -- 3 t

~ shy

-

- -~ -

- -

t 4D CF~ sect 1222 Page

compact approved by tbe Congress or any other

agency of two or more States having substantial

powers or duties pertai~ing to the control of

pollution as determined and approved by the

Administrator under the CWA and regulations

Major facility means any NPDES facility or

activity classified as such by the Regional

Administrator or in the case of approved State

programs the Regional Administrator In

conjunction with the State Director

Maximum daily discharge limitation means the

highest allowable daily discharge

Municipal separate storm sewer system is defined

at sect 12226 (b)(4) and (b)(7)

Municipality means a city town borough county

parish district association or other public body

created by or under State law and having

jurisdiction over disposal of sewage industrial

wastes or other wastes or an Indian tribe or an

authorized Indian tribal organization or a

designated and approved management agency under

section 208 of CWA

National Pollutant Discharge Elimination System

(NPDES) means the national program for issuing

modifying revoking and reissuing terminating

monitoring and enforcing permits and imposing

and enforcing pretreatment requirements under

sections 307 402 318 and 405 of CWA The term

includes an approved program

New discharger means any building structure

facility or installation

(a) From which there is or may be a discharge of

pollutants

(b) That did not commence the discharge of

pollutants at a particular site prior to August 13

1979

(c) Which is not a new source and

(d) Which has never received a finally effective

NDPES permit for discharges at that site

This definition includes an indirect discharger

which commences discharging into waters of the

United States after August 13 1979 It also

includes any existing mobile point source (other

than an offshore or coastal oil and gas exploratory

drilling rig or a coastal oil and gas developmental

drilling rig) such as a seafood processing rig

seafood processing vessel or aggregate plant that

begins discharging at a site for which it does not

have a permit and any offshore or coastal mobile

oil and gas exploratory drilling rig or coastal

mobile oil and gas developmental drilling rig that

commences the discharge of pollutants after August

13 1979 at a site under EPAs permitting

jurisdiction for which it is not covered by an

individual or general permit and which is located in

an area determined by the Regional Administrator

in the issuance of a final permit to be an area or

biological concern In determining whether an area

is an area of biological concern the Regional

Administrator shall consider the factors specified in

40 CFR 125112(a)( I) through (10)

An offshore or coastal mobile exploratory drilling

rig or coastal mobile deve lopmental drilling rig will

be considered a new discharger only for the

duration of its discharge in an area of biological

concern

New source means any building structure facility

or installation from which there is or may be a

discharge of pollutants the construction of which

commenced

(a) After promulgation of standards of performance

under section 306 of CWA which are applicable to

such source or

(b) After proposal of standards of performance in

accordance with section 306 of CWA which are

applicable to such source but only if the standards

are promulgated in accordance with section 306

within 120 days of their proposal

copy 2013 Thomson Reuters No Claim to Orig US Gov Works

~

CERT1FiEi ~~toPY

State of Arkansas - Office of the Secretary of State

Articles of Incorporation

OF

We the undersigned acting as incorporators of a corporation under the Ark-ansas Non-profit Act (Act 176 of 1963) adopt the following articles of incorporation of such corporation

The nsme 01 the COIPOration shall be FIRST

( __Tr~i-Ci~middottyL-Ot=jJ=jti=middotes=~Inc=_-------------shy

The purpose or pufPOS8$ for which the corporation is organized are SECOND

PrCNiQe efficieDt operatiCa and naintenanee of the city-owned water am sewer utilities in the Tri-city cxmtIlIlities of OKean Delaplaine and Peach Orchard ArcanSaSmiddot

The period of duration is PerpetUal fran tiJre of incorporation THIRD

bull 4

Any provisions nOllnCOnsislent with the law which the incorporators elect to set FOURTH forth in the Artloles of Incarperiion for the regulation of the internal affairs 01 said

corporation Including any provisions for df$lributlon of assetS on dissolution or

fiiisl IIquldatlon ~ ~ bull f

DlStrWutioo lof ~ts upal dissolution or liquidatioo shall be in porticns based on origin First by the ratio each jurisdiction has to the total n~~p~~ers Second andor by nethxls ~ by the~flrltfirmp)1

j j~~JJ ft)e IR-TT-01 I bull ri

CERTIFIED COpymiddot -

Thead~ress o(Ihe main office or principal place (II l sinessFIFTH

OKean Ccmnlnity Center PO Box 95 OKean AR 72449

and the name of the registered agent at such address

Debbie Ragsdell

The number of direotors constituting the inillal board o directors (shall not be lessSIXTH

than three) Nine

The name and address of Ihe persons who are 10 serve as the initial directors Lynn l-llrrayMarvene Lance =r5~General Delivery PO Box 87 Delaplaine AR 72425 Peach Orchard AR 72453OKean AR 72449

Detbie Ragsdell Elwanda Clayton David Burton PO Box 53 Box 26PO Box 95

OKean AR 72449 Delaplaine AR 7~~~~ ~ch Orchard AR 72453

Danny Gifford O1acey Dean Eveland Ellen Wellheusen General DeliVery PO Box 98 Box 130

Delaplaine AR 72425 Peach Orchard AR 72453OKean AR 72449

The name and addreSs of each incorporatorSEVENn-

Debbie Racjsdeli Mayor Town of OKean PO Box 95 OKean AR 72449 Eli MJrray Mayor City of Delaplaine PO Box 72 Delaplaine AR 72425 MarY Harper Mayor City of Peach Orchard PO Box 54 Peach Orchard AR 72453

~ INCORPORATORS

Igi~kpounde Ralt]sdell Mayor

Town of 0 I Iltean

middot ~pound~kV Mary larper lOr City of Peach Olchard -

Deted CERitE)middotCOP~

r L ~

--

~bull t~~middot

~ -~ - 10-= -~( 3) --shy

CER1FE) COpy

~ STATE OF ARKANSAS

COUNTY OF GREENE Debbi e Ragsdell El i Kurray and Kary Harper being first dulY

sworn do state on middotoath that they have read the withiD and foregoing

articles of incorporati on and that the t hings facts and matters set forth t herei n are t rue and correct as they verily believe

dld46~Debbie Ragsdell

fibMAftEli MUrray ~~----

~~a~~----------Subscribed and sworn to before me a NotarY public this ~

day of oc toberr ~9 89

Notary

~ - bull I ~ a My commission EXPires- - - ~ lt (-fI

~~CeRTIFfElY~ C0p Y - ( SEAL) - I ~

bull t - shy

bull _ L~ bull I i bull ~

bull bull -- 3 t

~ shy

-

- -~ -

- -

t 4D CF~ sect 1222 Page

compact approved by tbe Congress or any other

agency of two or more States having substantial

powers or duties pertai~ing to the control of

pollution as determined and approved by the

Administrator under the CWA and regulations

Major facility means any NPDES facility or

activity classified as such by the Regional

Administrator or in the case of approved State

programs the Regional Administrator In

conjunction with the State Director

Maximum daily discharge limitation means the

highest allowable daily discharge

Municipal separate storm sewer system is defined

at sect 12226 (b)(4) and (b)(7)

Municipality means a city town borough county

parish district association or other public body

created by or under State law and having

jurisdiction over disposal of sewage industrial

wastes or other wastes or an Indian tribe or an

authorized Indian tribal organization or a

designated and approved management agency under

section 208 of CWA

National Pollutant Discharge Elimination System

(NPDES) means the national program for issuing

modifying revoking and reissuing terminating

monitoring and enforcing permits and imposing

and enforcing pretreatment requirements under

sections 307 402 318 and 405 of CWA The term

includes an approved program

New discharger means any building structure

facility or installation

(a) From which there is or may be a discharge of

pollutants

(b) That did not commence the discharge of

pollutants at a particular site prior to August 13

1979

(c) Which is not a new source and

(d) Which has never received a finally effective

NDPES permit for discharges at that site

This definition includes an indirect discharger

which commences discharging into waters of the

United States after August 13 1979 It also

includes any existing mobile point source (other

than an offshore or coastal oil and gas exploratory

drilling rig or a coastal oil and gas developmental

drilling rig) such as a seafood processing rig

seafood processing vessel or aggregate plant that

begins discharging at a site for which it does not

have a permit and any offshore or coastal mobile

oil and gas exploratory drilling rig or coastal

mobile oil and gas developmental drilling rig that

commences the discharge of pollutants after August

13 1979 at a site under EPAs permitting

jurisdiction for which it is not covered by an

individual or general permit and which is located in

an area determined by the Regional Administrator

in the issuance of a final permit to be an area or

biological concern In determining whether an area

is an area of biological concern the Regional

Administrator shall consider the factors specified in

40 CFR 125112(a)( I) through (10)

An offshore or coastal mobile exploratory drilling

rig or coastal mobile deve lopmental drilling rig will

be considered a new discharger only for the

duration of its discharge in an area of biological

concern

New source means any building structure facility

or installation from which there is or may be a

discharge of pollutants the construction of which

commenced

(a) After promulgation of standards of performance

under section 306 of CWA which are applicable to

such source or

(b) After proposal of standards of performance in

accordance with section 306 of CWA which are

applicable to such source but only if the standards

are promulgated in accordance with section 306

within 120 days of their proposal

copy 2013 Thomson Reuters No Claim to Orig US Gov Works

j j~~JJ ft)e IR-TT-01 I bull ri

CERTIFIED COpymiddot -

Thead~ress o(Ihe main office or principal place (II l sinessFIFTH

OKean Ccmnlnity Center PO Box 95 OKean AR 72449

and the name of the registered agent at such address

Debbie Ragsdell

The number of direotors constituting the inillal board o directors (shall not be lessSIXTH

than three) Nine

The name and address of Ihe persons who are 10 serve as the initial directors Lynn l-llrrayMarvene Lance =r5~General Delivery PO Box 87 Delaplaine AR 72425 Peach Orchard AR 72453OKean AR 72449

Detbie Ragsdell Elwanda Clayton David Burton PO Box 53 Box 26PO Box 95

OKean AR 72449 Delaplaine AR 7~~~~ ~ch Orchard AR 72453

Danny Gifford O1acey Dean Eveland Ellen Wellheusen General DeliVery PO Box 98 Box 130

Delaplaine AR 72425 Peach Orchard AR 72453OKean AR 72449

The name and addreSs of each incorporatorSEVENn-

Debbie Racjsdeli Mayor Town of OKean PO Box 95 OKean AR 72449 Eli MJrray Mayor City of Delaplaine PO Box 72 Delaplaine AR 72425 MarY Harper Mayor City of Peach Orchard PO Box 54 Peach Orchard AR 72453

~ INCORPORATORS

Igi~kpounde Ralt]sdell Mayor

Town of 0 I Iltean

middot ~pound~kV Mary larper lOr City of Peach Olchard -

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~ STATE OF ARKANSAS

COUNTY OF GREENE Debbi e Ragsdell El i Kurray and Kary Harper being first dulY

sworn do state on middotoath that they have read the withiD and foregoing

articles of incorporati on and that the t hings facts and matters set forth t herei n are t rue and correct as they verily believe

dld46~Debbie Ragsdell

fibMAftEli MUrray ~~----

~~a~~----------Subscribed and sworn to before me a NotarY public this ~

day of oc toberr ~9 89

Notary

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t 4D CF~ sect 1222 Page

compact approved by tbe Congress or any other

agency of two or more States having substantial

powers or duties pertai~ing to the control of

pollution as determined and approved by the

Administrator under the CWA and regulations

Major facility means any NPDES facility or

activity classified as such by the Regional

Administrator or in the case of approved State

programs the Regional Administrator In

conjunction with the State Director

Maximum daily discharge limitation means the

highest allowable daily discharge

Municipal separate storm sewer system is defined

at sect 12226 (b)(4) and (b)(7)

Municipality means a city town borough county

parish district association or other public body

created by or under State law and having

jurisdiction over disposal of sewage industrial

wastes or other wastes or an Indian tribe or an

authorized Indian tribal organization or a

designated and approved management agency under

section 208 of CWA

National Pollutant Discharge Elimination System

(NPDES) means the national program for issuing

modifying revoking and reissuing terminating

monitoring and enforcing permits and imposing

and enforcing pretreatment requirements under

sections 307 402 318 and 405 of CWA The term

includes an approved program

New discharger means any building structure

facility or installation

(a) From which there is or may be a discharge of

pollutants

(b) That did not commence the discharge of

pollutants at a particular site prior to August 13

1979

(c) Which is not a new source and

(d) Which has never received a finally effective

NDPES permit for discharges at that site

This definition includes an indirect discharger

which commences discharging into waters of the

United States after August 13 1979 It also

includes any existing mobile point source (other

than an offshore or coastal oil and gas exploratory

drilling rig or a coastal oil and gas developmental

drilling rig) such as a seafood processing rig

seafood processing vessel or aggregate plant that

begins discharging at a site for which it does not

have a permit and any offshore or coastal mobile

oil and gas exploratory drilling rig or coastal

mobile oil and gas developmental drilling rig that

commences the discharge of pollutants after August

13 1979 at a site under EPAs permitting

jurisdiction for which it is not covered by an

individual or general permit and which is located in

an area determined by the Regional Administrator

in the issuance of a final permit to be an area or

biological concern In determining whether an area

is an area of biological concern the Regional

Administrator shall consider the factors specified in

40 CFR 125112(a)( I) through (10)

An offshore or coastal mobile exploratory drilling

rig or coastal mobile deve lopmental drilling rig will

be considered a new discharger only for the

duration of its discharge in an area of biological

concern

New source means any building structure facility

or installation from which there is or may be a

discharge of pollutants the construction of which

commenced

(a) After promulgation of standards of performance

under section 306 of CWA which are applicable to

such source or

(b) After proposal of standards of performance in

accordance with section 306 of CWA which are

applicable to such source but only if the standards

are promulgated in accordance with section 306

within 120 days of their proposal

copy 2013 Thomson Reuters No Claim to Orig US Gov Works

--

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~ -~ - 10-= -~( 3) --shy

CER1FE) COpy

~ STATE OF ARKANSAS

COUNTY OF GREENE Debbi e Ragsdell El i Kurray and Kary Harper being first dulY

sworn do state on middotoath that they have read the withiD and foregoing

articles of incorporati on and that the t hings facts and matters set forth t herei n are t rue and correct as they verily believe

dld46~Debbie Ragsdell

fibMAftEli MUrray ~~----

~~a~~----------Subscribed and sworn to before me a NotarY public this ~

day of oc toberr ~9 89

Notary

~ - bull I ~ a My commission EXPires- - - ~ lt (-fI

~~CeRTIFfElY~ C0p Y - ( SEAL) - I ~

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- -~ -

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t 4D CF~ sect 1222 Page

compact approved by tbe Congress or any other

agency of two or more States having substantial

powers or duties pertai~ing to the control of

pollution as determined and approved by the

Administrator under the CWA and regulations

Major facility means any NPDES facility or

activity classified as such by the Regional

Administrator or in the case of approved State

programs the Regional Administrator In

conjunction with the State Director

Maximum daily discharge limitation means the

highest allowable daily discharge

Municipal separate storm sewer system is defined

at sect 12226 (b)(4) and (b)(7)

Municipality means a city town borough county

parish district association or other public body

created by or under State law and having

jurisdiction over disposal of sewage industrial

wastes or other wastes or an Indian tribe or an

authorized Indian tribal organization or a

designated and approved management agency under

section 208 of CWA

National Pollutant Discharge Elimination System

(NPDES) means the national program for issuing

modifying revoking and reissuing terminating

monitoring and enforcing permits and imposing

and enforcing pretreatment requirements under

sections 307 402 318 and 405 of CWA The term

includes an approved program

New discharger means any building structure

facility or installation

(a) From which there is or may be a discharge of

pollutants

(b) That did not commence the discharge of

pollutants at a particular site prior to August 13

1979

(c) Which is not a new source and

(d) Which has never received a finally effective

NDPES permit for discharges at that site

This definition includes an indirect discharger

which commences discharging into waters of the

United States after August 13 1979 It also

includes any existing mobile point source (other

than an offshore or coastal oil and gas exploratory

drilling rig or a coastal oil and gas developmental

drilling rig) such as a seafood processing rig

seafood processing vessel or aggregate plant that

begins discharging at a site for which it does not

have a permit and any offshore or coastal mobile

oil and gas exploratory drilling rig or coastal

mobile oil and gas developmental drilling rig that

commences the discharge of pollutants after August

13 1979 at a site under EPAs permitting

jurisdiction for which it is not covered by an

individual or general permit and which is located in

an area determined by the Regional Administrator

in the issuance of a final permit to be an area or

biological concern In determining whether an area

is an area of biological concern the Regional

Administrator shall consider the factors specified in

40 CFR 125112(a)( I) through (10)

An offshore or coastal mobile exploratory drilling

rig or coastal mobile deve lopmental drilling rig will

be considered a new discharger only for the

duration of its discharge in an area of biological

concern

New source means any building structure facility

or installation from which there is or may be a

discharge of pollutants the construction of which

commenced

(a) After promulgation of standards of performance

under section 306 of CWA which are applicable to

such source or

(b) After proposal of standards of performance in

accordance with section 306 of CWA which are

applicable to such source but only if the standards

are promulgated in accordance with section 306

within 120 days of their proposal

copy 2013 Thomson Reuters No Claim to Orig US Gov Works

t 4D CF~ sect 1222 Page

compact approved by tbe Congress or any other

agency of two or more States having substantial

powers or duties pertai~ing to the control of

pollution as determined and approved by the

Administrator under the CWA and regulations

Major facility means any NPDES facility or

activity classified as such by the Regional

Administrator or in the case of approved State

programs the Regional Administrator In

conjunction with the State Director

Maximum daily discharge limitation means the

highest allowable daily discharge

Municipal separate storm sewer system is defined

at sect 12226 (b)(4) and (b)(7)

Municipality means a city town borough county

parish district association or other public body

created by or under State law and having

jurisdiction over disposal of sewage industrial

wastes or other wastes or an Indian tribe or an

authorized Indian tribal organization or a

designated and approved management agency under

section 208 of CWA

National Pollutant Discharge Elimination System

(NPDES) means the national program for issuing

modifying revoking and reissuing terminating

monitoring and enforcing permits and imposing

and enforcing pretreatment requirements under

sections 307 402 318 and 405 of CWA The term

includes an approved program

New discharger means any building structure

facility or installation

(a) From which there is or may be a discharge of

pollutants

(b) That did not commence the discharge of

pollutants at a particular site prior to August 13

1979

(c) Which is not a new source and

(d) Which has never received a finally effective

NDPES permit for discharges at that site

This definition includes an indirect discharger

which commences discharging into waters of the

United States after August 13 1979 It also

includes any existing mobile point source (other

than an offshore or coastal oil and gas exploratory

drilling rig or a coastal oil and gas developmental

drilling rig) such as a seafood processing rig

seafood processing vessel or aggregate plant that

begins discharging at a site for which it does not

have a permit and any offshore or coastal mobile

oil and gas exploratory drilling rig or coastal

mobile oil and gas developmental drilling rig that

commences the discharge of pollutants after August

13 1979 at a site under EPAs permitting

jurisdiction for which it is not covered by an

individual or general permit and which is located in

an area determined by the Regional Administrator

in the issuance of a final permit to be an area or

biological concern In determining whether an area

is an area of biological concern the Regional

Administrator shall consider the factors specified in

40 CFR 125112(a)( I) through (10)

An offshore or coastal mobile exploratory drilling

rig or coastal mobile deve lopmental drilling rig will

be considered a new discharger only for the

duration of its discharge in an area of biological

concern

New source means any building structure facility

or installation from which there is or may be a

discharge of pollutants the construction of which

commenced

(a) After promulgation of standards of performance

under section 306 of CWA which are applicable to

such source or

(b) After proposal of standards of performance in

accordance with section 306 of CWA which are

applicable to such source but only if the standards

are promulgated in accordance with section 306

within 120 days of their proposal

copy 2013 Thomson Reuters No Claim to Orig US Gov Works