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12. ADEQ personnel identified that the silt fencing along the northern boundary of the site was in state of disrepair. Excessive sediment buildup was observed in and along the silt fencing. This condition is a continuing and reoccurring violation at the Site. 13. Part II(B)(17)(A) of permit ARR150000 provides that an operator shall at all times "Properly operate and maintain all control (and related appurtenances) which are installed or used by the operator to achieve compliance with the conditions of this permit." 14. Permittee violated the Standard Permits Conditions of Permit ARR 150000 by failing to maintain the silt fences and remove silt accumulations from silt fences at the Site and thus Ark. Code Ann. § 8-4-217(a)(3). 15. Permittee was mailed a copy of the February 22, 2011 inspection report and was requested to provide a written response to ADEQ on or before March 11, 2011. A true and correct copy of this report is attached hereto as Exhibit "A". 16. ADEQ received a written response from Permittee dated March 14, 2011. A true and correct copy of this correspondence is attached hereto as Exhibit "B". In this correspondence, Permittee indicated that it would conduct all corrective action and provide evidence of completed activities to ADEQ. 17. On July 5, 2011 , Permittee Attorney informed ADEQ that Permittee had removed silt from the roads and had installed a new silt fence on the north side of the property. A true and correct copy of this correspondence is attached hereto as Exhibit "C". 18. ADEQ personnel conducted a follow-up inspection of the Site on July 6, 2011. A true and correct copy of this report is attached hereto as Exhibit "0". This report shows that Permittee was in violation for the conditions as stated immediately above in paragraphs 1- 16.
19. Part 11(8)(2) of ARR150000 provides that the operator must comply with all conditions of this permit and that any permit noncompliance constitutes a violation of the federal Clean Water Act and the Arkansas Water and Air Pollution Control Act. 20. Ark. Code Ann. § 8-4-103 (c)(1)(A) provides that "any person who violates any provision of ... [a] permit issued pursuant to this chapter [Arkansas Water and Air Pollution Control Act] may be assessed an administrative civil penalty not to exceed ten thousand dollars ($10,000) per violation. 21. Ark. Code Ann.§ 8-4-103(c)(1 )(B) provides that "Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessment." THEREFORE, as a result of the violations committed by the Permittee, the following actions are ordered herein and the following civil penalties are assessed pursuant to Ark. Code Ann.§§ 8-1-202(b)(2)(B), 8-4-103, and 8-4-203, and APC&EC Regulation <strong>No</strong>.8. PROPOSED ORDER AND CIVIL PENAL TV ASSESSMENT The parties do hereby stipulate and agree that: 1. Prior to or upon the effective date of the final Order entered in this matter, the Permittee shall submit to ADEQ a comprehensive Corrective Action Plan with milestone schedule. The plan shall detail the steps the Permittee shall take to achieve compliance with the terms of the permit and to eliminate the violations cited in the Allegations and Proposed Findings of Fact and to prevent future violations. Upon approval by ADEQ, the submitted milestone schedule shall be incorporated into this Order by reference and shall
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Via: Certified Mail, Return Receipt Requested No. 91 7199 9991 ...

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