document id # 004035-comp

September 07, 2006 Bradford Auto Salvage & Sales 915 Thayer Little Rock, AR 72202 Dear Mr. Bradford: On August 22, 2006, I performed an investigation of your property located at the corner of Maryland Avenue and Thayer St. in Pulaski County. This investigation was in response to a complaint alleging illegal dumping. My investigation revealed that you are in violation of the Arkansas Solid Waste Management Act, A.C.A. ' 8-6-205, the Arkansas Solid Waste Management Act 237 of 1971 as amended, and Regulation 14. Specifically, I found the following violation(s):

1. Operation of an unpermitted solid waste disposal facility, which is in violation of '8-6-205 (a)(1)(2)(3)(4) and (5). The waste dumped at this site consists of automobile parts, furniture, scrap metal and lumber, and tires. "No person shall dispose of solid waste at any disposal site or facility other than a disposal site or facility for which a permit has been issued by the Department".

2. The Property mentioned above is not a permitted waste tire processing facility or a

permitted waste tire collection center. Please be advised that you are in violation of Act 749 of 1991, (c) (2), “It is unlawful for any person to dispose of used or waste tires or portions of used or waste tires in the state, unless such tires are disposed of for processing, or collected for processing at a permitted waste tire processing facility, at a tire collection center, or at a permitted solid waste disposal facility.@

Regulation 14, Section 15 (Waste Tire Collector Requirements) states, “After July 1, 1992, any person engaged in collecting or transporting waste tires (25 or more tires) for the purpose of storage, disposal, or processing shall display a current decal with their waste tire collector registration number obtained from the Department.@

By law, anyone who violates any provision of the Solid Waste Management Act may be subject to criminal, administrative and civil penalties up to $10,000. You should immediately cease the activity described above and undertake measures to correct the violation(s). You should notify me in writing at address below or call (501) 682-0581 within 20 days of the date of this letter with a plan of action for correcting the violation. Please be advised that failure to make contact with me in regard to this notification may warrant formal enforcement. Your cooperation is appreciated. Sincerely,

Kenneth Burks, Inspector Solid Waste Division cc: Enforcement Branch Files, SWD

Flora Wrather, Illegal Dump Coordinator, SWD

Document ID # 004035-comp

Illegal Dump Worksheet 12-12-03 FOR ADEQ USE ONLY Inspector Signature

Arkansas Department of Environmental Quality Solid Waste Management Division

Complaint/Illegal Dump Investigation Worksheet

Page 1 of 2 County: Pulaski AFIN: 60-00000

Complaint Lodged Against: Johnson Bros. Investments, Inc. #4 Sunshine Farms Bigelow, AR 72016 Brett S. Johnson PDS ID: 4035 Access ID:

x

Valid

Invalid

Complainant Name & Address: Paul Dodds 2119 W. 17th Street Little Rock, AR 72202 Phone: 501-372-4376

Unknown Location Description: 2914 Maryland Avenue.

Complaint Description of Waste: Abandoned junkyard, tires, assorted waste.

Complaint Received by: Flora Wrather Date Received: 08/17/06

Section 1: Size of Waste Mass Pts Points Total Length Width Height Total Approx. Cyd

>640 yd³ 5 0 320 yd³ to 640 yd³ = 16 roll offs 5 0 160 yd³ to 320 yd³ = 8 roll offs 4 0 80 yd³ to 160 yd³ = 4 roll offs 3 0 40 yd³ to 80 yd³ = 2 roll offs 2 0 40 yd³ or < = 1 roll off 1 1 5 {Section 1 Multiplier=5} Size of Waste Mass Score 5

Section 2: Contents of Waste Mass Pts Points Total

Household Waste 5 0 Hazardous items {i.e. paint thinner, cleaning chemicals, oil cans, herbicides, medical waste, asbestos} 5 0 White Waste {i.e. Refrigerators and appliances that may contain Freon} 3 0 Construction/Demolition Waste 3 3 9 Approximate Number of Tires: 10 3 3 9 Abandoned Vehicles /Auto Parts: {May contain gasoline, oil, antifreeze or other automotive fluids} 2 0 Other Bulky Waste: {i.e. TV’s, Furniture, Mattresses, etc.} 2 2 6 Yard Waste 1 0 Dead Animals 4 0 Other 0 {Section 2 Multiplier = 3} Contents of Waste Mass Score 24


Section 3: Site Assessment Pts Points Total Air Pollution Open Burning 5 0 Air Pollution Evidence of Open Burning 4 0 Air Pollution Strong; Foul Order Present 3 0 Water Pollution Waste in or near standing or flowing water 5 0 Water Pollution High probability of leachate (run-off) into ground/surface water 5 0 Public Health Risk Assessment Vectors sighted 5 0 Public Health Risk Assessment Evidence of Vectors {i.e. rats, flies, mosquitoes, snakes, scavengers} 4 0 Public Health Risk Assessment Public Nuisance {i.e. feces and/or eggs and/or tunnels} 3 0 Site Usage Assessment Site attended or maintained for a fee 5 0 Site Usage Assessment History of previous complaints 5 0 Site Usage Assessment Active, attractive nuisance; evidence of recent dumping 5 5 20 Site Usage Assessment Dumping resumed at cleaned up or closed site 4 0 Site Usage Assessment Old Site; no evidence of recent dumping; overgrown 2 0 {Section 3 Multiplier = 4} SITE ASSESSMENT SCORE 20

TOTAL for Section 1 & 2 29 Date Investigated: 08/22/06

Time Investigated: 1220 - 1235 (F9) TOTAL SCORE 49

GIS: N 34º44’ 33.3”; W 092º 18’ 04.0”

Section 4: Violations

Solid Waste Management Act §8-6-205 x

(a)(2) To construct, install, alter, modify, use or operate any solid waste processing or disposal facility or disposal site without a permit from the department

x (a)(3) To dispose of solid wastes at any disposal site or facility other than a disposal site or for which a permit has been issued by the department

(a)(3) Individual’s household disposal that creates a public or private nuisance or a hazard to health and/or violates a city ordinance or other law and/or involves the open dumping of garbage

x (a)(4) To dump, deposit, throw, or in any manner leave or abandon any solid wastes upon property owned by another person without the written permission of the owner or upon public property

x

(a)(5) To sort, collect, transport, process, or dispose of solid waste contrary to the rules, regulations or orders of the department, or create or likely to create a public nuisance or public health hazard or to cause or likely to cause water or air pollution (Ark. Water and Air Pollution Control Act §8-4-101 et seq)

(a)(5)(b) A rebuttal presumption when one (1) or more items of solid waste bear the name to indicate that the person committed the unlawful act of disposal

Waste Tire Regulations #14 §9, Prohibitions: x Tires disposed unless part of a permitted processing/collection facility Caused or permitted the open burning of tires

Air Pollution Control Code §8-4-310(a)(1)(2)(3)

5)(a) No person shall cause or permit the open burning of refuse, garbage, trade wastes or other waste material, or shall conduct a salvage operation by open burning

Litter Act §8-6-406 Dispose of litter upon any public or private property or into any body of water

Vehicle is not covered to prevent the contents from departing from vehicle

Final Disposition x Investigated Investigated – No Evidence Found No Further Action Required Complaint Forwarded To:

Complaint Investigation and Illegal Dump Worksheet Attachment

Location: 2914 Maryland Ave.

County: Pulaski

Inspector: Ken Burks

Date: 08/21/06

Follow-Up Investigation PDS ID: 4035 Access ID:

Comments: 08/22/06 – I entered the site on this date, which is the site of a former_________ automobile salvage yard. Scattered about the property was approximately 500 tires, plastic sheeting, paper, scrap lumber and metal, fuel tanks, furniture,___ automobile parts, and other assorted waste commonly associated with a______ business of this type. I had talked earlier with Jan Giggar of Little Rock Code_ Enforcement and he said that Johnson Brothers Investments, Inc., the owners_ of the property, were not in violation of any city codes at this point and had___ cleaned some of the materials off of the site. Since this property is contained_ within a fence, and the materials are associated with the former business, it___ appears that no illegal disposal of waste has occurred and this part of the_____ complaint is invalid.__________________________________________________ ____________________________________________________________________Outside of the fenced in area on the Maryland Avenue side, there were________ approximately 10 tires, scrap lumber and metal, and yard waste that has been_ disposed of in the ditch next to the road. This appears to be illegal disposal by unknown parties, and this part of the complaint is valid.____________________

FURTHER ACTION TAKEN/TO BE TAKEN:

08/23/06 – I spoke with Jan Giggar on this date and it appears some type of clean up order by the City of Little Rock may be forthcoming._____________ __________________________________________________________________

Inspector Signature: Date: 08/22/06 Form Revised 12-12-03


Arkansas Department of Environmental Quality Solid Waste Management Division

Complaint/Illegal Dump Investigation Worksheet

Page 1 of 2 County: Pulaski AFIN: 60-00000

Complaint Lodged Against: Johnson Bros. Investments, Inc. Bradford Auto Salvage & Sales Brett S. Johnson 915 Thayer St. #4 Sunshine Farms Little Rock, AR 72202 Bigelow, AR 72016 Phone: PDS ID: 4065 Access ID:

x

Valid

Invalid

Complainant Name & Address: Paul Dodds 2119 W. 17th Street Little Rock, AR 72202 Phone: 501-372-4376

Unknown

Location Description: 2914 Maryland Avenue.

Complaint Description of Waste: Abandoned junkyard, tires, assorted waste.

Complaint Received by: Steve Martin Date Received: September 1, 2006

Section 1: Size of Waste Mass Pts Points Total Length Width Height Total Approx. Cyd

>640 yd³ 5 0 320 yd³ to 640 yd³ = 16 roll offs 5 5 25 160 yd³ to 320 yd³ = 8 roll offs 4 0 80 yd³ to 160 yd³ = 4 roll offs 3 0 40 yd³ to 80 yd³ = 2 roll offs 2 0 40 yd³ or < = 1 roll off 1 0 {Section 1 Multiplier=5} Size of Waste Mass Score 25

Section 2: Contents of Waste Mass Pts Points Total

Household Waste 5 0 Hazardous items {i.e. paint thinner, cleaning chemicals, oil cans, herbicides, medical waste, asbestos} 5 5 15 White Waste {i.e. Refrigerators and appliances that may contain Freon} 3 0 Construction/Demolition Waste 3 3 9 Approximate Number of Tires: 500 3 3 9 Abandoned Vehicles /Auto Parts: {May contain gasoline, oil, antifreeze or other automotive fluids} 2 2 6 Other Bulky Waste: {i.e. TV’s, Furniture, Mattresses, etc.} 2 2 6 Yard Waste 1 0 Dead Animals 4 0 Other 0 {Section 2 Multiplier = 3} Contents of Waste Mass Score 45


Section 3: Site Assessment Pts Points Total Air Pollution Open Burning 5 0 Air Pollution Evidence of Open Burning 4 0 Air Pollution Strong; Foul Order Present 3 0 Water Pollution Waste in or near standing or flowing water 5 5 20 Water Pollution High probability of leachate (run-off) into ground/surface water 5 5 20 Public Health Risk Assessment Vectors sighted 5 0 Public Health Risk Assessment Evidence of Vectors {i.e. rats, flies, mosquitoes, snakes, scavengers} 4 0 Public Health Risk Assessment Public Nuisance {i.e. feces and/or eggs and/or tunnels} 3 0 Site Usage Assessment Site attended or maintained for a fee 5 0 Site Usage Assessment History of previous complaints 5 0 Site Usage Assessment Active, attractive nuisance; evidence of recent dumping 5 5 20 Site Usage Assessment Dumping resumed at cleaned up or closed site 4 0 Site Usage Assessment Old Site; no evidence of recent dumping; overgrown 2 0 {Section 3 Multiplier = 4} SITE ASSESSMENT SCORE 60

TOTAL for Section 1 & 2 70 Date Investigated: 08/22/06

Time Investigated: 1220 - 1225 (F9) TOTAL SCORE 130

GIS: N 34º 44’ 33.3”; W 092º 18’ 04.0”

Section 4: Violations

Solid Waste Management Act §8-6-205 x

(a)(2) To construct, install, alter, modify, use or operate any solid waste processing or disposal facility or disposal site without a permit from the department

x (a)(3) To dispose of solid wastes at any disposal site or facility other than a disposal site or for which a permit has been issued by the department

(a)(3) Individual’s household disposal that creates a public or private nuisance or a hazard to health and/or violates a city ordinance or other law and/or involves the open dumping of garbage

x (a)(4) To dump, deposit, throw, or in any manner leave or abandon any solid wastes upon property owned by another person without the written permission of the owner or upon public property

x

(a)(5) To sort, collect, transport, process, or dispose of solid waste contrary to the rules, regulations or orders of the department, or create or likely to create a public nuisance or public health hazard or to cause or likely to cause water or air pollution (Ark. Water and Air Pollution Control Act §8-4-101 et seq)

(a)(5)(b) A rebuttal presumption when one (1) or more items of solid waste bear the name to indicate that the person committed the unlawful act of disposal

Waste Tire Regulations #14 §9, Prohibitions: x Tires disposed unless part of a permitted processing/collection facility Caused or permitted the open burning of tires

Air Pollution Control Code §8-4-310(a)(1)(2)(3)

5)(a) No person shall cause or permit the open burning of refuse, garbage, trade wastes or other waste material, or shall conduct a salvage operation by open burning

Litter Act §8-6-406 Dispose of litter upon any public or private property or into any body of water

Vehicle is not covered to prevent the contents from departing from vehicle

Final Disposition x Investigated – Letter Sent Investigated – No Evidence Found No Further Action Required Complaint Forwarded To:



County: Pulaski


Date: 08/21/06


Comments: 09/06/06 – After further conversation with the property owner, he stated that the salvage yard had been abandoned and no salvage operation would be allowed_ to take its place. This would classify the materials on site as abandoned waste, therefore this complaint is now valid. A letter will be sent to the owner of_____ Bradford Auto Salvage and Sales explaining the evaluation._________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


A letter will be sent to the owner of Bradford Auto Salvage and Sales._______ ______________________________________________________________________________________________________________________________________________________________________________________________________




County: Pulaski


Date: 08/21/06


Comments: 09/13/06 – I entered the site at 0925 on this date and noted one person________ operating a backhoe and one person picking up material on the ground. I took photographs and exited at 0925. At approximately 1045, one of the owners____ contacted me by cell phone and asked if I could return to the site, and I agreed. I re-entered the site at 1110 and spoke with Mr. Robert Johnson and his_______ brother, Brett. We discussed the cleanup operation and I observed the work__ being done. Approximately 80 to 90 percent of the waste appears to have been removed. Mr. Robert Johnson said that he would contact me when the work__ was completed and provide me with disposal receipts. I took a few more_____ photographs and exited the site at 1240._________________________________ ____________________________________________________________________The letter to Bradford Auto Salvage & Sales was returned to this office on_____ 10/02/06 as “Unable to Forward.”________________________________________

FURTHER ACTION TO BE TAKEN: I will return to the site when Mr. Johnson calls and says that the cleanup has been completed.____________________________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________



Location: 2914 Maryland Av.

County: Pulaski


Date: 08/21/06

x Follow-Up Investigation PDS ID: 4650

prev 4035 Access ID:

Comments: 01/09/07 – I entered the site on this date and noted that all of the waste has____ been removed from the site. In addition, disposal receipts were received by___ this office on 01/08/07. Therefore, this site has been remediated and no further action from the Solid Waste Division of ADEQ is anticipated.________________ ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


None._________________________________________________________________________________________________________________________________________________________________________________________________


document id # 004035-comp

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