Greg says Trout Unlimited will now file to join in the ADEQ lawsuit.
Here's the Baxter Bulletin story:
ADEQ files lawsuit against developer
The Arkansas Department of Environmental Quality filed a lawsuit in Baxter County Circuit Court against Homeport Land Company, doing business as Overlook Estates, just after noon today.
The lawsuit seeks injunctive relief and money damages against Homeport for operating a 100-acre construction site near Norfork Dam and allegedly failing to comply with state law.
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The suit alleges Homeport failed to obtain an ADEQ permit, violated state and federal regulations, failed to install erosion control measures and failed to stabilize areas of the site.
The suit also alleges Homeport's acts resulted in sediment being discharged via stormwater runoff into the North Fork and White rivers and caused pollution.
ADEQ claims in its lawsuit that Homeport did not comply with ADEQ's Emergency Order requiring it to cease and desist from polluting the waters of the state and requiring it to install effective erosion controls.
"The pollution of the waters of the state resulting from the actions and inactions of the defendant ... have resulted in damages to the natural resources of the state ..., specifically the surface water, fish and biota contained in the North Fork River and the White River," the ADEQ alleges in its lawsuit.
ADEQ asks the court to grant a temporary and a permanent injunction against Homeport directing that it cease and desist from polluting state waters, that it be ordered to remove pollutants resulting from erosion at the site, that it be ordered to install effective erosion control measures and that it be ordered to pay penalties and costs and pay for damages to the natural resources of the state.
Benny Doyal is owner of Homeport, a Yellville-based development company.