ADEQ

[Rusty]

Can the ADEQ sue anyone, in monetary amounts, to collect damages done to an area in Arkansas?

It is my understanding that the Governor of Arkansas (Beebe) was able to use 350,000.00 from a fund that was installed from lawsuits won by judgements by the (federal) EPA. Nothing was mentioned about suits ADEQ had filed, and one in a monetary amount. If ADEQ has sued and won monetary judgements, why was this money not made available or mentioned?

Another question is. Why wasn't the EPA able to intervene if that was the case? Were they not made aware of the situation?

This is what happens when it is raining, and I am not able work. To much time on my mind.

[Terry Beeson]

I'm not sure I can answer your first question, russ... but...

The $ 1. 4 million Environmental Settlement Trust Fund has been accumulated since 2001 from national environmental settlements. The bulk of the money in the fund comes from Arkansas’ $ 1 million share of a $90 million settlement in a lawsuit filed by the federal EPA against Willamette Industries for clean-air violations at 13 facilities in four states, including two plants in Arkansas.

The fund also includes more than $345,000 from a similar settlement about four years ago against steel manufacturer Nucor Corp. which has a factory in Blytheville, AR.

As for EPA being involved in the Overlook Estates issue, my understanding is that as long as the STATE agency is involved, EPA stays out UNLESS there are FEDERAL environmental issues (interstate.) This was the case in the Willamette and Nucor cases since they were in different states, not just Arkansas. Since Overlook was an "Arkansas only" (intrastate) issue, this stayed at the state ADEQ level.

Now, if it could be proven that Overlook caused "significant" environmental issues in Mississippi and Louisiana, then EPA could join the suit.

Now, if we could just define the word "significant" we'd be in business...

By the way... in the Willamette settlement, I'm still trying to figure out how 15% ( number of the plants Willamette had in Arkansas) of $90 million comes out to only $1million. Seems to me it should have been closer to $14million. Maybe the lawyers in that case took a 93% fee...

[Snow Fly]

Russ:

In the state of IL. the IEPA can and will go after companies not in compliance with state regs on environmental issues. Illinois regs are the same as federal standards, and the feds usually will let the state be the lead agency.

The company I retired from had a discharge from a facility and was unaware of the incident until the state came knocking on the door. A $500,000 fine and once remediation of the site {seven figures minimum}completed, the baby can be placed to bed.

Don't know about Arkansas but guessing I would say yes. I think Beebe took the steps he did to have funds immediatly available to start doing something with the site and not wait for the legal process to drag out forever. The incident I mentioned above took 2+ years before an out of court settlement was agreed to by both parties.