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ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY

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IN THE MATTER OF:

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TWIN RIVERS SCHOOL DISTRICT

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5749 OAK RIDGE ROAD RAVENDEN SPRINGS, ARKANSAS 72460 EPA ID # ARR000019885 AFIN 61-00979

LIS 10-

155

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CONSENT ADMINISTRATIVE ORDER This Consent Administrative Order (hereinafter "Order") is issued pursuant to the authority ( 'the

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Arkansas Hazardous Waste Management Act (Act 406 of 1979, as amended; A.C.A.

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seq.),,the Arkansas Remedial ~ c t i o Trust n Fund Act (Act 479 of 1985, as amended; Ark. Code

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"APC&EC") Regulation No. 23, APC&EC Regulation No. 8, and APC&EC Regulation No. 7.

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issues herein, as they pertain to Oak Ridge School, Twin Rivers School District, located at 5749

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Ridge Road, Ravenden Springs, Randolph County, Arkansas, EPA ID # ARROOOO19885, AFI 6100979 ("Respondent") having been settled by the agreement of Respondent and the Arka sas

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Department of Environmental Quality - Hazardous Waste Division (hereinafter "ADEQ"), it is

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hereby agreed and stipulated by all parties that the Findings of Fact and Order and Agreeme

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entered herein.

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FINDINGS OF FACT Respondent, located in Randolph, Lawrence and Sharp Counties of the State of Arkansw, is composed of two campuses: the Oak Ridge Central campus, located at 5749 Oak Ridge Road in Ravenden Springs, Arkansas; and the Williford campus, located at 423 College Avenue in Williford, Arkansas. On February 8,2010, the State Board of Education unanimously voted to allow the Arkansas Department of Education to take over administrative control

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Respondent, to relieve the District's Board of Directors of its duties, to appoint an individual

to administer the affairs of the District, and to develop a plan to consolidate or ann District with or to surrounding districts. On February 15,2010, the Department of Edu appointed Tommy Arant to serve as interim superintendent of the District. On May 10, the State Board of Education unanimously voted to dissolve the Respondent and cl four schools effective July l , 2 0 10. 2.

On April 12, 2010, ADEQ conducted a Compliance Evaluation Inspection (here "CEI") and Complaint Investigation at the Oak Ridge School. The complaint originate interim Superintendent Tommy Arant through the state Commissioner of Educati Tom Kimbrell, concerning computers disposed of in a ravine. Superintenden discovered in late March 20 10 that various items such as school desks, computers tires had been illegally disposed of in a small ravine behind the Oak Ridge According to Oak Ridge School maintenance man, Oscar Smith, he disp approximately 30 computers approximately 1 '/z years ago at the direction of th School Superintendent Carl David Gilliland. Furthermore, according to Mr. Smit these computers were apparently transported from the Williford School to the d

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During the CEI and Complaint Investigation at the Oak Ridge School, ADEQ o ravine was fenced with a locked gate. It is also down gradient and less than 100 the school's water well. The dump appeared to be approximately 30 yards long wide at its widest point. According to Mr. Smith, the ravine was approximate below its present level when he disposed of the computers. Mr. Smith also s dozer was used to push dirt on top of the computers. ADEQ observed, several computer monitors and other electronic items on top of the ravine as well as tir furniture.

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CRT Computer monitors are classified as universal waste electronic items due to th pounds of lead (waste code D008) contained in an average CRT monitor.

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Based on the findings of the Complaint Investigation and CEI on April 12,2010, were identified which constitute violations of APC&EC Regulation No. 23. The as provided below, were identified in the CEI Report which was mailed to the on April 26,20 10, which is hereby incorporated by reference into this Order: a.

APC&EC Regulation No. 23 Section 273.11(a) - Failure to prevent disposal of universal waste.

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APC&EC Regulation No. 23 Section 273.13(e) - Failure to manage universal

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in a manner that prevents the release of universal waste components to the environment. c.

APC&EC Regulation No. 23 Section 2(c) - Disposing of hazardous waste at any disposal site or facility within the state of Arkansas other than one for which a Pe has been issued by ADEQ pursuant to Regulation No. 23.

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Respondent agrees to the following Order in full settlement and compromise o the violations of APC&EC Regulation No. 23 as stated herein.

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ORDER AND AGREEMENT

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Henceforth, Respondent shall no longer dispose of universal waste or hazardous waste at any disposal site or facility within the state of Arkansas other than one for which a Permit has been issued by ADEQ pursuant to Regulation No. 23.

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Henceforth, Respondent shall manage universal waste in a manner that prevents the relzase of universal waste components to the environment pursuant to Regulation No. 23.

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Respondent shall, within ten (10) calendar days of the effective date of this Order, subrr it to ADEQ the following:

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a. A Removal Workplan designed to characterize, properly dispose of and clean-up the solid and hazardous waste located in the ravine of the Oak Ridge School, b. A Sampling and Analysis Plan (hereinafter "SAP") designed to determine the horizontal and vertical extent, rate of migration, type, and concentration of any hazardous substance or pollutant present in the environment at or near the locat ons identified in the CEI Report and at any other location at the facility w'lere environmental contamination is known, suspected, likely, or is possible to elxist based on Respondent's knowledge of past and present activities at the facility. The SAP shall include, but not be limited to, a Scope of Work and Methocl of Implementation PlanISchedule, a Quality Control and Assurance Plan, and a site Health and Safety Plan. Upon ADEQ approval of the Removal Workplan and SAP, Respondent shall implemen.: the Removal Workplan and SAP within thirty (30) days and submit a report of findings to ADEQ within forty-five (45) days of completing field work. 4.

If ADEQ determines the SAP fails to accomplish a complete determination of the ex.:ent, rate, type, or concentration of released hazardous substances or pollutants in the areas investigated, Respondent agrees, within thirty (30) calendar days of receiving wrtten notification from ADEQ, to amend the SAP to provide for additional sampling and analysis to accomplish the requirements of this paragraph. Respondent shall implement said SAP amendment upon ~

E approval Q and report the findings thereof in accordance with an

amended implementation schedule. 5.

Respondent shall, within thirty (30) calendar days of notification by ADEQ that contamination of the environment has occurred, as determined through ADEQ's assessrnent and review of the findings resulting from the implementation of the SAP, submit a Remedial Plan (hereinafter "RP") to control or remediate such contamination to the extent necessa:y to protect human health and the environment. The RP shall be implemented by Responilent

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upon receiving written approval from ADEQ. A report documenting the results o implementation of the RAP shall be submitted to ADEQ within thirty (30) calendar following completion of the RAP implementation. If ADEQ determines the implementation fails to accomplish remediation sufficient to protect human health or the

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environment, Respondent shall, upon receiving written notification from ADEQ, conduct

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any additional remedial activities ADEQ determines necessary to protect human health and

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the environment from releases of hazardous substances or pollutants at the facility.

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If during the course of any activity initiated under this Order, the ADEQ Director determ.nes that a release or potential release of hazardous substances from the Site poses a potenti# or known imminent threat to human health and the environment, the Director may interim corrective action measures will be taken by Respondent. The Director the specific measures and the schedule for implementation of the required The Director will notify Respondent in writing of the requirement to measures. ADEQ and Respondent may modify the Order to measures into the Order, but actual implementation shall begin protecting human health and the environment.

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No. 23, Section 6(t).

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Respondent shall submit to ADEQ one (1) electronic and one (1) hard copy of all rep rts, documents, plans or specifications required under the terms of this Order.

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All submittals shall be subject to applicable review fees pursuant to APC&EC Regul ion

All

submittals required by this

Order shall be

electronically

emailed to

bernhardt@,adeq.state.ar.us, or submitted by Certified Mail or hand delivered to Knren

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Bernhardt, Enforcement and Inspection Branch, Hazardous Waste Division, ADEQ, 5301 Northshore Drive, North Little Rock, Arkansas 72 118-5317.

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The Respondent hereby designates Project Managers who shall be responsible for overseeing the implementation of the requirements of this Order.

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The Project Manager :hall

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communicate with ADEQ on all technical issues which arise under this Order and sha 1 be

empowered to agree on minor modifications in the implementation of any of the requirements of this Order when such modifications are deemed by ADEQ to furthe the purpose of this Order. Respondent may change its Project Manager by providing wr tten notice of such change to the ADEQ. The initial Project Manager shall be: Mr. Tommy Arant Interim Superintendent Twin Rivers School District 5749 Oak Ridge Road Ravenden Springs, Arkansas 72460 Ph NO. (870)869-2479 11.

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All requirements by the Order and Agreement are subject to approval by ADEQ. U less

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otherwise specified herein, in the event of any deficiencies, Respondent shall, withi the timeframe specified by ADEQ, submit any additional information or changes requeste

take additional actions specified by ADEQ to correct any such deficiencies. Failur to adequately respond to such Notice of Deficiency (NOD) within the timeframe specifi d in

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writing by ADEQ constitutes a failure to meet the requirements established by this Or er. 12.

If Respondent fails to submit to ADEQ any reports or plans, or meet any other require ent of this Order within the applicable deadline established in the Order, ADEQ may as ess stipulated penalties for delay in the following amounts: a.

First day through the tenth day: $500/day or less

b.

Eleventh day through the twentieth day: $750/day or less

c.

Twenty-first day through the thirtieth day: $1,00O/day or less

d.

Each day beyond the thirtieth day: '$2,500/day or less

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in addition to any other remedies or sanctions which may be available to ADEQ by reas n of

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These stipulated penalties may be imposed for delay in scheduled performance and sha 1 be

Respondent's failure to comply with the requirements of this Order.

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If any event occurs, including but not limited to Natural Disasters, which causes cause delay in the achievement of compliance by Respondent with the requiremen Order, Respondent shall notify ADEQ, in writing, as soon as reasonably possible apparent that a delay will result, but in no case after the deadline has passed. Th notice shall describe in detail the anticipated length of delay, the precise cause of d the measures taken and to be taken to minimize the delay, and the timetable by wh measures are implemented.

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In the event ownership of the Site is transferred to any other entity or individ transfer will be effectuated only under the condition that the transferor be noti obligations of Respondent under the terms and conditions of this Order, that th provide appropriate access to the Site to enable the Respondent to complete th obligations of this Order, and that the transferor be obligated, upon written noti ADEQ, to complete the tasks outlined in paragraph nos. 4 through 15 o f t Agreement in the place of Respondent and be subject to and bound by the re paragraphs nos. 4 through 15.

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Nothing contained in this Order shall be construed as a waiver of ADEQ' authority over violations not specifically addressed herein; nor does this 0 past, present, or future conduct which is not expressly addressed herein. Not herein shall relieve Respondent of any other obligations imposed by any federal laws, nor shall this Order be deemed in any way to relieve Res responsibilities for obtaining or complying with any necessary permits or licenses.

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This Order shall be effective upon date of execution. Unless otherwise s Order, all times for performance of ordered activities shall be calculated fro date. However, this Order is subject to public review and comment and m rescinded based upon comments received within the thirty (30) calendar day period or based on any other considerations which may subsequently

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Additionally, this Order is subject to being reopened upon Arkansas Pollution Control & Ecology Commission initiative or in the event a petition to set aside this Order is granted by the Commission. 17.

This Order shall apply to and be binding upon ADEQ and upon Respondent, its successors and assigns. Any changes in ownership or corporate limited to, and transfer of shares, assets or other alter Respondent's obligations under this Order.

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Each of the undersigned representatives of the execute this Order and to legally bind that party to its terms and conditions. SO ORDERED THIS

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DAY OF

DIRECTOR APPROVED AS TO FORM AND CONTENT:

Date

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