December 29, Mr. Colin Williamson, Operations Manager Pippin Wholesale Company PO Box 730 Harrison, AR RE: complaint investigation

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1 December 29, 2010 Mr. Colin Williamson, Operations Manager Pippin Wholesale Company PO Box 730 Harrison, AR RE: complaint investigation Dear Mr. Williamson: On November 5 and December 14, 2010, I performed an investigation of your facility in response to a complaint. The complaint alleged that vegetables and fruits were being dumped in bins and allowed to rot adjacent to Dry Jordan Creek. This investigation revealed that vegetables and fruits had been dumped into bins adjacent to Dry Jordan Creek and allowed to decompose. During our meeting on , you agreed to remove the material, to find another means for the routine disposal of the material and to submit a letter to the Department confirming that the material had been removed from the site upon completion. The above item requires your immediate attention. Please submit your written response to Cindy Garner, Water Division Enforcement Branch Manager. This response should be mailed to the address below. This response should contain documentation describing the course of action taken. This corrective action should be completed as soon as possible, and the written response with all necessary documentations (i.e. photos) is due by January 8, If I can be any assistance, please contact me at Kirkpatrick@adeq.state.ar.us or Sincerely, Bruce Kirkpatrick, P.E. District 2 Field Inspector Water Division cc: Water Division Enforcement Branch Water Division Permits Branch

2 COMPLAINT INFORMATION GPS LOCATION: Not recorded AFIN: n/a PERMIT#: n/a DATE RECEIVED: COUNTY: Boone COMPLAINANT NAME: anonymous COMPLAINT AGAINST: Pippin Wholesale Co. ADDRESS: n/a ADDRESS: PO Box 730 Harrison, AR PHONE: n/a PHONE: TRACKING & REFERRAL INFORMATION PERSON RECEIVING REPORT: DATE: SUPERVISOR REFERRAL: DATE: Bruce Kirkpatrick INSPECTOR REFERRAL: DATE: MEDIA SUPERVISOR REFERRAL: DATE: PHONE REFERRAL CONTACT: DATE: RECEIVING INSPECTOR: Bruce Kirkpatrick DETAILED DESCRIPTION DATE: Vegetables and fruits were being dumped in bins and allowed to rot adjacent to Dry Jordan Creek. LOCATION Behind Race Brothers Supply on the Hwy 62/412 Bypass in Harrison, Arkansas PREVIOUS COMPLAINT: YES NO DATES: DISCHARGE TO WATERS OF THE STATE: YES NO NAME OF WATERBODY: COMPLAINT RECEIVED BY: PHONE LETTER VERBAL INTERNET

3 COMPLAINT#: n/a INSPECTOR: Bruce Kirkpatrick ACTION TAKEN: COMPLAINT INVESTIGATION AFIN: n/a PERMIT#: n/a DATE: & PHOTOS TAKEN: YES NO The site was investigated on & Arrived at the site at 1131 hrs. on No one was present. The lot was located in an industrial/commercial area. The investigation revealed that vegetables and fruits had been dumped into bins adjacent to Dry Jordan Creek and allowed to decompose. The investigation did not reveal the identity of the owner of the site or of the person(s) responsible for the operation. A subsequent investigation of was performed on The site was investigated. The material was still present on site. Photos were taken. Local companies that handled fresh vegetables and fruits were interviewed. I arrived at Pippin Wholesale at approximately 0900 hrs. and met with Mr. Colin Williamson, Operations Manager, who stated that his company was responsible for the vegetables and fruits on the site. He agreed to remove the material, to find another means for the routine disposal of the material and to submit a letter to the Department describing what was done upon completion. FURTHER ACTION: Letter requires that Pippin Wholesale remove the material, find another means for the routine disposal of the material and submit a letter to the Department describing what was done upon completion as agreed as stated by Mr. Williamson during the meeting. Failure to do so will result in further action by the Department. INSPECTOR SIGNATURE: Bruce Kirkpatrick / DATE: December 17, 2010

4 Water Division Photographic Evidence Sheet Location: Pippin Wholesale lot Photographer: Bruce Kirkpatrick Witness: none Photo # 1 of 2 Date: Time: 1139 hrs Description: Bins of decomposing vegetables and fruits Photographer: Bruce Kirkpatrick Witness: none Photo # 2 of 2 Date: Time: 0827 hrs Description: Bins of decomposing vegetables and fruits with creek in background.

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10 January 25, 2011 Mr. Colin Williamson, Operations Manager Pippin Wholesale Company PO Box 730 Harrison, AR Re: Response to Complaint Investigation Dear Mr. Williamson: The Department has received your response to the November 5 and December 14, 2010 complaint inspections of your facility by our District Field Inspector, Bruce Kirkpatrick. Your letter appears to adequately address the discrepancies identified during the inspection. The Department assumes the corrective actions taken will be maintained to ensure consistent compliance with the requirements of the permit. Acceptance of this response by the Department does not preclude any future enforcement action deemed necessary at this site or any other site. The Department will keep the inspection and response on file. If future violations occur that require enforcement action, the Department will consider the inspection and response as required by the Pollution Control and Ecology Commission Regulation No. 7, Civil Penalties. This regulation requires the Department to consider the past history of your site and how expeditiously the violations were addressed in determining any civil penalty that may be necessary for any future violations. If we need further information concerning this matter, we will contact you. Thank you for your attention to this matter. Should you have any questions, feel free to contact me at or you may me at anderson@adeq.state.ar.us. Sincerely, Alan Anderson Enforcement Analyst Water Division Enforcement Branch