Asbestos Enforcement: Arkansas Department of Energy and Environment – Division of Environmental Quality and Construction Renovator Enters Administrative Consent Order | Mitchell, Williams, Selig, Gates & Woodyard, LLC

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The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Siff’s Custom Tile & Flooring Inc. (“Siff’s”) entered into an Administrative Consent Order on April 26 ( “CAO”) regarding alleged violations of Arkansas Pollution Control & Ecology Commission Rule 21 (Asbestos). See DSL No. 22-054.

The CAO anticipates that structures renovated or cause Siff to be renovated and located in Marianna, Quitman, Shirley and Donaldson, Arkansas, no later than May 31, 2021.

The referenced structures are declared individually to constitute a “facility” in Regulation 21, Chapter 4. In addition, Siff is declared to meet the definition of an owner or operator of a demolition or renovation activity as defined in Regulation 21, Chapter 4.

Siff’s is declared to hold a current license as an Asbestos Abatement Contractor/Supervisor in the State of Arkansas. Additionally, six Siff personnel are said to hold various asbestos licenses issued by DEQ.

Violations alleged to have taken place at one or more of the referenced facilities included:

  • The Notice of Intent was not mailed by the U.S. Postal Service at least 10 business days before the start of renovation activities
  • Removal of 6,600 square feet of resilient floor tile and/or associated mastic flooring containing ACM that violated By-law 21.603
  • Removal of 2,500 square feet of resilient floor tile and/or associated mastic flooring containing ACM that violated By-law 21.603
  • Removal of 6,000 square feet of resilient floor tile and/or associated mastic flooring containing ACM that violated Bylaw 21.603
  • Failure to keep on site copies of an asbestos inspection report, notice of intent or any revised notice of intent submitted pursuant to Policy 21, project design and certification licenses for personnel participating in demolition, renovation and intervention actions

Siff’s neither admits nor denies the factual and legal claims contained in the CAO.

A civil penalty of $4,305 is imposed.

A copy of the CAD can be downloaded here.

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