Benton County Violates Environmental Law

Officials Didn’t Know Permit Was Necessary

Sunday, February 9, 2014

Benton County’s Road Department violated state and federal environmental law late last year after workers began hauling red dirt from a mine near Centerton without a stormwater permit, according to the state Environmental Department.

County officials said Wednesday they did nothing wrong, and they have applied for the permit.

“As soon as they told us what we needed to do, we complied,” said Terry Nalley, the county’s public service administrator.

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Violation

To read a copy of the violation, go to www.nwaonline.com/documents

Benton County isn’t required to have a mining permit under Arkansas Code 15-57-320(a), but that law doesn’t exclude needing a stormwater permit, Katherine Benenati wrote in an email. Benenati is spokeswoman for the Arkansas Department of Environmental Quality.

After inspecting the mine in December, the agency sent a letter, dated Jan. 7, to Jeff Clark, the Road Department’s operations director, stating the county must have an industrial stormwater permit.

The issue came to the state’s attention after someone filed an anonymous complaint, according to records.

“The investigation found that (Benton County officials) are in violation of the Arkansas Water and Air Pollution Control Act as well as the Federal Clean Water Act,” wrote Tony Morris, a Water Division field inspector.

The mine on Huber Road is owned by James Huber and was leased to Jimmy Jones Red Dirt Co. Jones had a storm-water permit from Oct. 25, 2005, to Nov. 13, 2012, Benenati said.

On Oct. 9, 2012, the Jones company filed to terminate its permit, according to the investigation. Huber said, after Jones left, he sold red dirt to the state for roadwork.

Huber said county workers spent days preparing the mine, including installing silt fences to control stormwater, before operation began.

The county started operations at the mine in about October, Nalley said. County officials hadn’t known previously a permit was necessary, he and Clark said.

“Nobody knew it was coming,” Nalley said.

The county hauls about 10 truckloads a month from the mine, depending on weather, Nalley said. The dirt is used for fill or goes to rebuild road foundations in Benton County.

Not getting the permit was a “clerical issue” because the mine is in compliance with everything else, Nalley said. County officials didn’t know they needed a permit, he said. No other violations were noted by the environmental agency, according to the report.

“There are a lot of regulations that ADEQ has,” Nalley said. “To know everything they are going to require is difficult.”

Benenati said the state expects entities to know their permitting obligations. The department staff answers questions about environmental laws and walks entities, such as county governments, through the permitting process, she said.

Getting the permits is important, Benenati said.

“These permits are in keeping with federal and state regulations aimed at protecting waterways,” Benenati said. “Sediment in particular is an issue of concern in Arkansas waterways.”

The mine is near a tributary of Osage Creek, according to the state’s report.

The county applied for its storm-water permit Jan. 28, Benenati said. The permit costs $200, Nalley said.

The state environmental agency staff is reviewing the application, Benenati said. The county’s violation wasn’t referred for enforcement and no fines were levied against Benton County, she said.

Nalley and Clark said the county is mining within state law and is awaiting its permit.

“We’re on good standings with ADEQ right now,” Clark said.