Arkansas Department of Environmental Quality
Solid Waste Management Division
Complaint/Illegal Dump Investigation Worksheet
County
White
Date Received
PDS ID
007797
AFIN
10/07/2008
73-00000
Janice Lewis
Received
By
Complainant Name / Address / Phone
Jeff B. Shipman
3 Spurlock Drive
Searcy, AR 72143
(501) 827-2324
(501) 269-5342
Page 1 of 2
Anonymous
Please call Jeff prior to visiting the dump site
Complaint Lodged Against / Address / Phone
Bill Davis Construction, Inc.
Searcy, AR
Location Description
Take Hwy 64E to Beebe. Merge onto US-167 N. Take exit 42 for
US 67B N toward Searcy. Turn left at AR-367. Continue on
67/Main Street. Turn left at W Beebe Capps Expy (McDonalds
on right). Turn right at Jennifer Ln (immediately after Powell
Funeral Home on right). Turn left at Ashley. Turn right at Billy
Davis Dr. Turn left on Spurlock Dr., 3 Spurlock Dr. will be on
the left.
Complaint Description of Waste
Contacted by homeowner to file an illegal dump complaint
against Bill Davis Construction, Inc. of Searcy.
Homeowner has buried construction debris including
sheetrock, plastic garbage bags, gloves, bottles in his
yard. A certified engineer acting as a third party partially
excavated the site and documented the burial of these
items. The contractor has acknowledged the burial but
has so far refused to do anything about it.
Investigation Section
Date Investigated
10-8-08
SECTION 1
Length
Width
Height
Total
~yd3
Time Investigated
1145 – 1245
Size of Waste Mass
>640 yd³
320 yd³ to 640 yd³
160 yd³ to 320 yd³
80 yd³ to 160 yd³
40 yd³ to 80 yd³
40 yd³ or <
Violation Ranking
5
5
4
3
2
1
= 16 roll offs
= 8 roll offs
= 4 roll offs
= 2 roll offs
= 1 roll off
Size of Waste Mass Score
SECTION 2
Contents of Waste Mass
Violation Ranking
Household Waste
5
Hazardous items {i.e. paint thinner, cleaning chemicals, oil cans, herbicides, medical waste, asbestos}
5
White Waste {i.e. Refrigerators and appliances that may contain Freon}
3
Construction/Demolition Waste
3
Approximate Number of Tires:
3
Abandoned Vehicles /Auto Parts: {May contain gasoline, oil, antifreeze or other automotive fluids}
2
Other Bulky Waste: {i.e. TV’s, Furniture, Mattresses, etc.}
2
Yard Waste
1
Dead Animals
4
Other
Contents of Waste Mass Score
Illegal Dump Worksheet Revised 04-04-07
FOR ADEQ USE ONLY
Inspector Signature:
Points
1
1
Points
3
3
ADEQ Complaint/Illegal Dump Investigation Worksheet
SECTION 3
Site Assessment
Air Pollution
Air Pollution
Air Pollution
Water Pollution
Water Pollution
Public Health Risk Assessment
Public Health Risk Assessment
Site Usage Assessment
Site Usage Assessment
Site Usage Assessment
Site Usage Assessment
Site Usage Assessment
Page 2 of 2
Violation Ranking
5
4
3
5
5
5
4
5
5
5
4
2
Site Assessment Score
Open Burning
Evidence of Open Burning
Strong; Foul Order Present
Waste in or near standing or flowing water
Probability of leachate (run-off) into ground/surface water
Vectors sighted
Evidence of Vectors {i.e. rats, flies, mosquitoes, snakes, scavengers}
Site attended or maintained for a fee
History of previous complaints
Active, attractive nuisance; evidence of recent dumping
Dumping resumed at cleaned up or closed site
Old Site; no evidence of recent dumping; overgrown
*Violation Ranking: 1 (Least Serious Violation) to 5 (Most Serious Violation)
GPS Reading
007797
PDS ID
N35º15’14.17”
TOTAL SCORE
Points
2
2
6
W91º46’29.34”
SECTION 4
Violations
Solid Waste Management Act §8-6-205
x
x
(a)(2) To construct, install, alter, modify, use or operate any solid waste processing or disposal facility or disposal site
without a permit from the department
(a)(3) To dispose of solid wastes at any disposal site or facility other than a disposal site or for which a permit has
been issued by the department
(a)(3) Individual’s household disposal that creates a public or private nuisance or a hazard to health and/or violates a
city ordinance or other law and/or involves the open dumping of garbage
(a)(4) To dump, deposit, throw, or in any manner leave or abandon any solid wastes upon property owned by another
person without the written permission of the owner or upon public property
(a)(5) To sort, collect, transport, process, or dispose of solid waste contrary to the rules, regulations or orders of the
department, or create or likely to create a public nuisance or public health hazard or to cause or likely to cause water
or air pollution (Ark. Water and Air Pollution Control Act §8-4-101 et seq)
(a)(5)(b) A rebuttal presumption when one (1) or more items of solid waste bear the name to indicate that the person
committed the unlawful act of disposal
Air Pollution Control Code §8-4-310(a)(1)(2)(3)
5)(a) No person shall cause or permit the open burning of refuse, garbage, trade wastes or other waste material, or
shall conduct a salvage operation by open burning
Investigation Comments
See Attachment page.
Final Disposition
INVALID COMPLAINT
No evidence found
No illegal disposal occurring
Salvageable materials
8-6-205(a)(3) exemption
Unknown violator – No further action
Illegal Dump Worksheet Revised 04-04-07
x
VALID COMPLAINT
x
Letter Sent
Follow-up Investigation
Response Received
Unknown violator
Complaint Forwarded To
FOR ADEQ USE ONLY
Inspector Signature:
Arkansas Department of Environmental Quality
Solid Waste Management Division
Complaint/Illegal Dump Investigation Worksheet Attachment
County
Location
White
PDS ID
007797
Date
10-8-08
Follow-up Investigation
Page 3
3 Spurlock Drive, Searcy, AR 72143
Investigation Comments
On 10-8-08, I spoke with Ms. Laurie Shipman, wife of the complainant. Ms. Shipman explained that they are concerned the house is
built on a dumpsite. She stated she believed the contractor who built her house buried demolition debris on the north side of the
residence. She directed me to a small excavated area within a low spot in her yard on the north side of the residence. Ms. Shipman
explained that the ground in this sunken area has continued to settle for some time. She stated that the builder had come back fill it in,
but that it continues to sink. This was evident from my observations. Next to the excavated hole was a small amount of waste
consisting of plastic, shingle fragments, wood fragments and some other unrecognizable materials. Ms. Shipman stated they hired an
engineering firm to investigate the underlying material and found the waste approximately six feet below the surface. Ms. Shipman gave
me the name and phone number of the builder (Kevin Shipman). On, 10-9-08, I called Mr. Swindle and informed him of my
investigation. He stated he was aware of the problem, but that he did not bury anything on the location. Mr. Swindle stated that he
believed the burying may have been done by his father-in-law and his partner years ago when the subdivision was first started. He
stated he would contact the Shipman’s and make arrangements to take care of the problem. I then contacted Ms. Shipman and told her
what Mr. Swindle said.
On October 15, 2008, I received a call from Mr. Swindle stating that he had excavated out the low area and removed 15 – 20 yards of
material. He stated that the majority was just soil, but did find some other materials – primarily decomposing sheetrock. He stated that
he hauled the material to one of his lots temporarily, but will haul the material to the transfer station. Mr. Swindle stated that he
backfilled the hole with clean fill dirt and will go back and make some final repairs to the yard.
Final Disposition
No further action.
Illegal Dump Worksheet Attachment
Revised 04-03-07
FOR ADEQ USE ONLY
Inspector Signature:
Bill Davis Contruction Complaint - White County
10/8/2008
Bill Davis Contruction Complaint - White County
10/8/2008
Bill Davis Contruction Complaint - White County
10/8/2008
Bill Davis Contruction Complaint - White County
10/8/2008
Bill Davis Contruction Complaint - White County
10/8/2008
Bill Davis Contruction Complaint - White County
10/8/2008
Bill Davis Contruction Complaint - White County
10/8/2008
file:///C|/Documents%20and%20Settings/lewis/Desktop/temp/FW%20construction%20debris.htm
From: Elliott, Harry
Sent: Wednesday, October 08, 2008 1:14 PM
To: Lewis, Janice
Cc: '[email protected]'
Subject: FW: construction debris
Janice: attach this information to the complaint. h
-----Original Message----From: Mike Cleveland [mailto:[email protected]]
Sent: Wednesday, October 08, 2008 12:13 PM
To: Elliott, Harry
Subject: FW: construction debris
From: Mike Cleveland
Sent: Friday, October 03, 2008 3:21 PM
To: '[email protected]'
Subject: construction debris
Mr. Elliott, I have a complaint about construction debris buried in a yard. The house is 5 yrs old and had
sink holes start appearing in the yard.
The owners called in an engineer who dug in the sink holes and found the debris. The home is at #3
Spurlock Cir. Searcy, AR 72143. The owner is Laurie
Shipman. Her Phone # is 501-279-0699 Could you call her and see if you can help? Thanks, Mike
Cleveland My # is 501-279-1085
file:///C|/Documents%20and%20Settings/lewis/Desktop/temp/FW%20construction%20debris.htm [10/17/2008 9:16:11 AM]