Illegal Dump Worksheet Revised 04-04-07 FOR ADEQ USE ONLY Inspector Signature:

Arkansas Department of Environmental Quality Solid Waste Management Division

Complaint/Illegal Dump Investigation Worksheet

County Pulaski PDS ID 009235 AFIN 60-00000 Page 1 of 2

Date Received 07/29/2009 Received By

H. Love thru Penny Wilson

Complainant Name / Address / Phone X Anonymous

Complaint Lodged Against / Address / Phone Wilcox Contracting, LLC George Wilcox, owner

Location Description Complaint Description of Waste Lynch Drive North Little Rock, AR

Alleged illegal dumping of non-treated toxic waste off Lynch Drive

Investigation Section Date Investigated 08/10/09 Time Investigated 0830 - 1030

SECTION 1 Size of Waste Mass Violation Ranking Points Length 300 Width 300 Height 4 Total 360,000 ~yd3 13,333

>640 yd³ 5 5 320 yd³ to 640 yd³ = 16 roll offs 5 160 yd³ to 320 yd³ = 8 roll offs 4 80 yd³ to 160 yd³ = 4 roll offs 3 40 yd³ to 80 yd³ = 2 roll offs 2 40 yd³ or < = 1 roll off 1

Size of Waste Mass Score 0

SECTION 2 Contents of Waste Mass Violation Ranking Points

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 0

Illegal Dump Worksheet Revised 04-04-07 FOR ADEQ USE ONLY Inspector Signature:

ADEQ Complaint/Illegal Dump Investigation Worksheet PDS ID 009235 Page 2 of 2 SECTION 3 Site Assessment Violation Ranking Points

Air Pollution Open Burning 5 Air Pollution Evidence of Open Burning 4 Air Pollution Strong; Foul Order Present 3 Water Pollution Waste in or near standing or flowing water 5 Water Pollution Probability of leachate (run-off) into ground/surface water 5 Public Health Risk Assessment Vectors sighted 5 Public Health Risk Assessment Evidence of Vectors {i.e. rats, flies, mosquitoes, snakes, scavengers} 4 Site Usage Assessment Site attended or maintained for a fee 5 Site Usage Assessment History of previous complaints 5 Site Usage Assessment Active, attractive nuisance; evidence of recent dumping 5 Site Usage Assessment Dumping resumed at cleaned up or closed site 4 Site Usage Assessment Old Site; no evidence of recent dumping; overgrown 2

Site Assessment Score 0 *Violation Ranking: 1 (Least Serious Violation) to 5 (Most Serious Violation) TOTAL SCORE 0

GPS Reading N 34° 45’ 15.3”; W 92°11’ 27.0’ SECTION 4 Violations

Solid Waste Management Act §8-6-205 (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 08/10/09 – I arrived at the site on this date and met with ADEQ Hazardous Waste Division Inspectors Les Branscum and David Crew. Inspectors Branscum and Crew were on site to sample the piles of what is reported to be lime for the possible presence of heavy metals. I took an approximate measurement of the lime piles and several photographs. The site has a storm water permit issued by ADEQ’s Water Division. At the present time, this complaint is invalid. I will await the test results from Hazardous Waste.

Final Disposition

x INVALID COMPLAINT VALID COMPLAINT No evidence found Letter Sent No illegal disposal occurring Follow-up Investigation Salvageable materials Response Received 8-6-205(a)(3) exemption No further action

Unknown violator – No further action Complaint Forwarded To

8/10/2009

8/10/2009

8/10/2009

8/10/2009

8/10/2009

8/10/2009

8/10/2009

file:///C|/Documents%20and%20Settings/lewis/Desktop/temp/FW%20Complaint.txt[7/29/2009 10:25:03 AM]

MessageFrom: Love, HeidiSent: Tuesday, July 28, 2009 5:29 PMTo: Wilson, Penny; Fleming, EricCc: Burks, Kenneth; Lewis, JaniceSubject: FW: Complaint

Sure, let me know when so Ken can meet them there.

-----Original Message-----From: Wilson, Penny Sent: Tuesday, July 28, 2009 7:57 AMTo: Fleming, Eric; Love, HeidiSubject: Complaint

Eric/Heidi,

We received the attached complaint that looks like it may have Water, Solid Waste and Haz Waste issues. Apparently this has been a problem in the past. Let me know if you want to send someone out with us and we’ll coordinate a time.

Thanks,

Penny

FOR OFFICE USE ONLY: AIR HW RST SW WATER MINING

ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 NORTHSHORE DRIVE, NORTH LITTLE ROCK, AR 72118

COMPLAINT REPORT FACILITY ID:

LOG # 009228 AFIN#: 60-04282 PERMIT#:

DATE RECEIVED: 7/27/09 COUNTY: Pulaski

COMPLAINANT NAME: Anonymous COMPLAINT AGAINST: Wilcox Contracting (George Wilcox, owner)

ADDRESS: ADDRESS: Lynch Drive, North Little Rock, AR

PHONE: PHONE: FAX:

PERSON RECEIVING REPORT: DATE: Penny J. Wilson 7/27/09

SUPERVISOR REFERRAL: DATE:

MEDIA SUPERVISOR REFERRAL: DATE:

RECEIVING INSPECTOR: DATE: Les Branscum 7/28/09

DESCRIPTION (IN DETAIL): The complainant alleged the illegal dumping of non-treated toxic waste in close proximity of Rose City, on a watershed that effects protected wetlands and next to a Middle school. This location is on private property owned by Mr. George Wilcox, with access off Lynch Drive, North Little Rock. The material can be found at Lat N34.75664 and W92.18939, heaped up into piles, exposed to rain and wind. The non-treated toxic waste is Carbide Slurry, which is a by-product of the Acetylene manufacturing process. This waste has a very high PH level (12.2), along with harmful levels of Lead, Copper, Nickel, Zinc, Iron and Magnesium. The history of these 3 counts of illegal dumping starts back in June of 2008, when Mr. George Wilcox of Wilcox Contracting LLC undertook a contract with Welsco Inc Crystal Hill Road, Maumelle, to clean out sediment ponds containing the non-treated Carbide Sludge. Lat N34.81334, L ong W92.36469. The sludge was supposed to be treated and dumped in an environmentally permitted area. Mr. Wilcox tried to illegally dump the sludge at B&B Materials sand and dirt pits located off Highway 165, Lat N34.72511 and Long W92.13855. An anonymous caller reported the illegal dumping to EPA and he was ordered to remove the material from this location. Mr. Mark Breckenridge is the owner of this site, and a friend of Mr. Wilcox, was unaware of the toxicity of the material being dumped. Mr. Wilcox then started illegally dumping the untreated sludge on leased land unknown to the owners Tepco Inc and to Mrs. Shirley Wilcox (Mr. Wilcox’s ex-wife) the lessee. This location is also a watershed to wetlands and the material was heaped and exposed to the wind and rain. Lat N34.78448, Long W92.1809. An aerial photo of the illegal dumping can be viewed on //www.terraserver.com , 02/01/09. While dumping at this location Mr. Wilcoxs dump trucks dropped untreated sludge on highways and the freeway (I-40) to and from Welsco at Maumelle. He had 2 workers go to the emergency room for burns to hands and feet after they came into contact with the airborne dust. The reaction of the dust on sweat coated skin created the burns. Both employees had to take time off work to recover from their injuries. The owners and the legal lessee were informed of the illegal dumping and ordered Mr. Wilcox to remove the materials from this site. A few weeks ago Mr. Wilcox started moving the material from the Tepco site under pressure from the owners, to his own land at the Lynch drive site. The Tepco site has now been cleaned up to a certain degree, but the material is still untreated and is a danger to the children and staff at the Lynch Drive Middle School, only a few hundred yards away. This site also creates a problem with run off and leaching into the water table of protected wetlands. Mr. Wilcox has had previous offences with the destruction of wetlands in this area, has a disregard for the law and contempt for all those who try to uphold it. PREVIOUS COMPLAINT? X YES � NO DATES: (See complaint numbers 007314, 007315, 005206)

DISCHARGE TO STREAM? ? YES � NO NAME OF STREAM:

HOW COMPLAINT WAS RECEIVED: �PHONE � LETTER X EMAIL

Burks, Kenneth

From: Glenn, JillSent: Wednesday, July 29, 2009 8:59 AMTo: Fleming, Eric; Gallagher, Amanda; Burks, Kenneth; Wilson, PennySubject: RE: ComplaintAttachments: ARR00C317_insp_20080620.doc; ARR000387pending_comp_20080620.doc;

ARR000391pending_comp_20080630.doc

Page 1 of 1Message

8/10/2009

The substance Mr. Wilcox is storing is lime. Mr. Wilcox is permitted to store lime at both the Central Airport Road and Lynch Road locations. Jennifer Harmon, Amanda Gallagher, and I followed the trail of lime on the road to Mr. Wilcox three times last year. The first time was to B&B Materials and it was determined that they were in compliance with the terms of their permit and would not need an additional permit for the lime. The next two times were to the Central Airport Road and Lynch Road locations. It was determined Mr. Wilcox would need a storm water permit for the storage of lime. Mr. Wilcox obtained permit ARR000387 for the storage of lime at the Central Airport Road location, I don’t know if he had permission from Tepco. Mr. Wilcox obtained permit ARR000391 for the storage of lime at the Lynch Road location. Attached are the three complaints Jennifer, Amanda, and I worked last summer. -Jill

From: Fleming, Eric Sent: Tuesday, July 28, 2009 6:26 PM To: Glenn, Jill; Gallagher, Amanda Subject: FW: Complaint Does this sound familiar? Jill you worked the Welsco compliant I think. Get with Ken and Penny about a site visit. eric.

From: Love, Heidi Sent: Tuesday, July 28, 2009 5:29 PM To: Wilson, Penny; Fleming, Eric Cc: Burks, Kenneth; Lewis, Janice Subject: FW: Complaint Sure, let me know when so Ken can meet them there. -----Original Message----- From: Wilson, Penny Sent: Tuesday, July 28, 2009 7:57 AM To: Fleming, Eric; Love, Heidi Subject: Complaint

Eric/Heidi, We received the attached complaint that looks like it may have Water, Solid Waste and Haz Waste issues.  Apparently this has been a problem in the past.  Let me know if you want to send someone out with us and we’ll coordinate a time. Thanks, Penny

June 26, 2008 Mark Breckenridge B & B Materials, Inc. P.O. Box 55420 Little Rock, AR 72225 AFIN: 60-01819 NPDES Permit No.: ARR00C317 Dear Mr. Breckenridge: On June 20, 2008, Jennifer Harmon, Amanda Gallagher, and I performed a reconnaissance inspection of the above referenced site in response to a complaint. The complaint alleged that an additional permit may be necessary. The investigation revealed that an NPDES permit is not necessary and you are not in violation of the Arkansas Water and Air Pollution Control Act and the regulations promulgated thereunder. If you should have any questions, please contact me at (501)-682-0658 or at glenn@adeq.state.ar.us. Sincerely,

Jill Glenn Inspector Water Division cc: Water Division Enforcement Branch

Water Division Permits Branch

Storm Water Report Page 2

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Washington, D.C. 20460

NPDES Compliance Inspection Report

Form Approved OMB No. 2040-0003

Section A: National Data System Coding

Transaction Code

NPDES

Yr/Mo/Day

Inspec. Type

Inspector

Fac. Type

1 N 2 5 3 A R R 0 0 C 3 1 7 11 12 0 8 0 6 2 0 17 18 R 19 S 20 2

Remarks

A F I N 6 0 - 0 1 8 1 9 P U L A S K I C O U N T Y Inspection Work Days

Facility Evaluation Rating

BI

QA

-------------------------------Reserved------------------------------

67

69

70 N

71

N

72

N

73

74

75

80

Section B: Facility Data

Entry Time/Date 1245 on 6/2008

Permit Effective Date 06/12/02

Name and Location of Facility Inspected (For industrial users discharging to POTW, also include POTW name and NPDES permit number) B & B Materials - Hwy 165 East North Little Rock, AR

Exit Time/Date 1320 on 6/20/08

Permit Expiration Date 03/31/09

Name(s) of On-Site Representative(s)/Title(s)/Phone and Fax Number(s) Nathan May

Contacted

Yes No

Name, Address of Responsible Official/Title/Phone and Fax Number Mark Breckenridge – Owner / 501-664-9400 B & B Materials P.O. Box 55420 Little Rock, AR 72225

Other Facility Data

Section C: Areas Evaluated During Inspection (S = Satisfactory, M = Marginal, U = Unsatisfactory, N = Not Evaluated)

S Permit N

Flow Measurement S

Operations & Maintenance N

Sampling

N Records/Reports N

Self-Monitoring Program N

Sludge Handling/Disposal N

Pollution Prevention

S Facility Site Review N

Compliance Schedules N

Pretreatment N

Multimedia

S Effluent/Receiving Waters N

Laboratory S

Storm Water N

Other:

Section D: Summary of Findings/Comments (Attach additional sheets if necessary) This reconnaissance inspection was performed in response to a complaint. No additional NPDES permit is necessary.

Name(s) and Signature(s) of Inspector(s)

Jill Glenn /

Agency/Office/Telephone/Fax ADEQ / North Little Rock / 501-682-0658

Date 6/20/08

Signature of Reviewer

Agency/Office/Phone and Fax Numbers

Date

Storm Water Report Page 3

WATER DIVISION CONSTRUCTION STORM WATER COMPLAINT REPORT

AFIN: 60-01819 GPS LOCATION: 34o 43’ 33.52” 92o 08’ 26.24” PERMIT#: ARR00C317

DATE RECEIVED: 6/19/08 COUNTY: Pulaski COMPLAINANT NAME: Michael Parette COMPLAINT AGAINST: B & B Materials ADDRESS: ADEQ ADDRESS: Hwy 165 East – North Little Rock PHONE: 501-682-0713 PHONE: 501-664-9400

TRACKING & REFERRAL INFORMATION PERSON RECEIVING REPORT: Dennis Benson

DATE: 6/19/08

SUPERVISOR REFERRAL:

DATE:

INSPECTOR REFERRAL:

DATE:

MEDIA SUPERVISOR REFERRAL:

DATE:

PHONE REFERRAL CONTACT:

DATE:

RECEIVING INSPECTOR: Jill Glenn

DATE: 6/19/08

COMPLAINT RECEIVED BY: PHONE LETTER VERBAL INTERNET EMAIL DETAILED DESCRIPTION

Michael Parette responded to an emergency response of lime being spilled along the roadway from Welsco to B & B Materials. B & B Materials was going to dry and sell the lime. They were also rinsing off the lime out of the dump trucks and into one of their ponds. Mr. Parette was concerned that an additional permit may be necessary for the truck washing of lime onto the ground and into the pond.

LOCATION Hwy 165 East – North Little Rock

PREVIOUS COMPLAINT: YES NO DATES: DISCHARGE TO STREAM: YES NO NAME OF STREAM:

INVESTIGATION INSPECTOR: Jill Glenn

DATE: 6/20/08

ACTION TAKEN: PHOTOS TAKEN: YES NO Jennifer Harmon, Amanda Gallagher, and I performed a reconnaissance storm water inspection. See inspection for further details. FURTHER ACTION: No further action needed.

SIGNATURE: DATE:6/20/08

COMPLAINT INFORMATION GPS LOCATION: 34o 47’ 10.47” 92o 10’ 45.50”

AFIN: 60-04280 PERMIT#: ARR000387 (Pending)

DATE RECEIVED: 6/20/08

COUNTY: Pulaski

COMPLAINANT NAME: Anonymous

COMPLAINT AGAINST: George Wilcox/ TEPPCO

ADDRESS: NA

ADDRESS: Central Airport Road

PHONE: NA

PHONE: 501-350-1800

TRACKING & REFERRAL INFORMATION PERSON RECEIVING REPORT: Michael Parrette

DATE: 6/20/08

SUPERVISOR REFERRAL:

DATE:

INSPECTOR REFERRAL:

DATE:

MEDIA SUPERVISOR REFERRAL:

DATE:

PHONE REFERRAL CONTACT:

DATE:

RECEIVING INSPECTOR: Jill Glenn

DATE: 6/20/08

DETAILED DESCRIPTION Trucks carrying lime from Welsco and spilling lime on the highway are now being taken to Texas Eastern.

LOCATION From I-440, go west of Hwy 70. Turn right onto Central Airport road. Go over bridge over I-40. Field is on left.

PREVIOUS COMPLAINT: YES NO DATES: DISCHARGE TO STREAM: YES NO NAME OF STREAM: COMPLAINT RECEIVED BY: PHONE LETTER VERBAL INTERNET EMAIL

COMPLAINT INVESTIGATION COMPLAINT#:

AFIN: 60-04280 PERMIT#: ARR000387 (Pending)

INSPECTOR: Jill Glenn

DATE: 6/20/08

ACTION TAKEN: PHOTOS TAKEN: YES NO On June 20, 2008 at 1330 Jennifer Harmon, Amanda Gallagher, and I arrived at the site. We followed the trail of lime on the road. We spoke with Kayelynn Wilcox and she called George Wilcox for us. I spoke with George Wilcox on the phone. He said they rinse the trucks off then put sand in the bottom to reduce the off-site tracking. He also said they are going to land apply some of the lime. They are also going to dry and sell some of the lime. They will be receiving about 20,000 tons of lime. Kayelynn Wilcox told us the rinse water from the trucks runs off into a small pond they built. She also said they built a trench around the site to keep runoff from leaving the site and they blocked off the drainage ditches to keep the water from leaving the site. It was determined that they will need a storm water permit.

FURTHER ACTION: Send an NC letter to Mr. Wilcox and cc: TEPPCO. Letter is attached to complaint on Lynch Rd from 6/30/08 (ARR000391pending_comp_20080630).

INSPECTOR SIGNATURE:

DATE: 6/20/08

July 7, 2008 George Wilcox 12912 Secretariat Drive Scott, AR 72142 AFIN: 60-04280 NPDES Permit No.: ARR000387 (Pending) & ARR000391 (Pending) Dear Mr. Wilcox: On June 20, 2008, Jennifer Harmon, Amanda Gallagher, and I performed an investigation of your Central Airport Road facility in response to a complaint. The complaint alleged that lime was being spilled on the roadway. On June 30, 2008 Jennifer Harmon, Amanda Gallagher, and I performed an investigation of your Lynch Road facility in response to a complaint. The complaint alleged that an odorous substance was being dumped in your field. This investigation revealed that you are in violation of the Federal Clean Water Act, the Arkansas Water and Air Pollution Control Act, and the regulations promulgated thereunder. Specifically, I found the following violations:

ARR000387 (Pending) & ARR000391 (Pending) The required NPDES Storm Water permit application was not sent to ADEQ before the storage of lime began at both the Central Airport Road and Lynch Road locations. A required NPDES Storm Water permit must be obtained before you begin any activity. The above item requires your immediate attention. Please submit a written response to this finding to the Water Division Enforcement Branch of this Department. This response should contain documentation describing the course of action taken to correct the items noted. This corrective action should be completed as soon as possible, and the written response is due by July 28, 2008. If I can be any assistance, please contact me at glenn@adeq.state.ar.us or 501-682-0658. Sincerely,

Jill Glenn District 9 Field Inspector Water Division cc: Water Division Enforcement Branch

Water Division Permits Branch TEPPCO Attn: Enviro. Dept./ Shiver Nolan P.O. Box 2521 Houston, TX 77252

COMPLAINT INFORMATION GPS LOCATION: 34o 45’ 20.85” 92o 11’ 23.45”

AFIN: 60-04280 PERMIT#: ARR000391 (Pending)

DATE RECEIVED: 6/30/08

COUNTY: Pulaski

COMPLAINANT NAME: Anonymous

COMPLAINT AGAINST: George Wilcox

ADDRESS: NA

ADDRESS: Lynch Drive North Little Rock

PHONE: NA

PHONE: 501-350-1800

TRACKING & REFERRAL INFORMATION PERSON RECEIVING REPORT: Jill Glenn

DATE: 6/30/08

SUPERVISOR REFERRAL:

DATE:

INSPECTOR REFERRAL:

DATE:

MEDIA SUPERVISOR REFERRAL:

DATE:

PHONE REFERRAL CONTACT:

DATE:

RECEIVING INSPECTOR: Jill Glenn

DATE: 6/30/08

DETAILED DESCRIPTION They are dumping something with a strong odor onto George Wilcox’s field off of Lynch Drive. Concerned it might be getting in pond.

LOCATION Next to Rose City Middle School off of Lynch Drive in North Little Rock. Take Faulkner Lake Rd exit off of I-440 and head west.

PREVIOUS COMPLAINT: YES NO DATES: 6/20/08 location off of Central Airport Rd. in North Little Rock DISCHARGE TO STREAM: YES NO NAME OF STREAM: COMPLAINT RECEIVED BY: PHONE LETTER VERBAL INTERNET EMAIL

COMPLAINT INVESTIGATION COMPLAINT#:

AFIN: 60-04280 PERMIT#: ARR000391 (Pending)

INSPECTOR: Jill Glenn

DATE: 6/30/08

ACTION TAKEN: PHOTOS TAKEN: YES NO On June 30, 2008 at 0930 Jennifer Harmon, Amanda Gallagher, and I arrived at the site. The odorous substance was lime. We spoke with George Wilcox (the owner), Kayelynn Wilcox, and Gary Ingle (Environmental Services Group Inc.). They ran out of space at the Central Airport Rd location so they are storing the rest of the lime at the Lynch Dr. site. At first they thought they would be receiving ~17,000 cubic yards of lime, but now they expect ~30,000 cubic yards. Ms. Harmon informed them that they would need a separate storm water permit for the Lynch Dr. location and also that they need to obtain a storm water permit before starting the activity. Mr. Ingles had come to the site to take a GPS coordinate for the separate storm water permit application.

FURTHER ACTION: Send an NC letter to Mr. Wilcox

INSPECTOR SIGNATURE:

DATE: 6/30/08

FOR OFFICE USE ONLY: AIR HW RST SW WATER MINING

ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 NORTHSHORE DRIVE, NORTH LITTLE ROCK, AR 72118

COMPLAINT REPORT FACILITY ID:

LOG # 009228 AFIN#: 60-04282 PERMIT#:

DATE RECEIVED: 7/27/09 COUNTY: Pulaski

COMPLAINANT NAME: Anonymous COMPLAINT AGAINST: Wilcox Contracting (George Wilcox, owner)

ADDRESS: ADDRESS: Lynch Drive, North Little Rock, AR

PHONE: PHONE: FAX:

PERSON RECEIVING REPORT: DATE: Penny J. Wilson 7/27/09

SUPERVISOR REFERRAL: DATE:

MEDIA SUPERVISOR REFERRAL: DATE:

RECEIVING INSPECTOR: DATE: Les Branscum 7/28/09

DESCRIPTION (IN DETAIL): The complainant alleged the illegal dumping of non-treated toxic waste in close proximity of Rose City, on a watershed that effects protected wetlands and next to a Middle school. This location is on private property owned by Mr. George Wilcox, with access off Lynch Drive, North Little Rock. The material can be found at Lat N34.75664 and W92.18939, heaped up into piles, exposed to rain and wind. The non-treated toxic waste is Carbide Slurry, which is a by-product of the Acetylene manufacturing process. This waste has a very high PH level (12.2), along with harmful levels of Lead, Copper, Nickel, Zinc, Iron and Magnesium. The history of these 3 counts of illegal dumping starts back in June of 2008, when Mr. George Wilcox of Wilcox Contracting LLC undertook a contract with Welsco Inc Crystal Hill Road, Maumelle, to clean out sediment ponds containing the non-treated Carbide Sludge. Lat N34.81334, L ong W92.36469. The sludge was supposed to be treated and dumped in an environmentally permitted area. Mr. Wilcox tried to illegally dump the sludge at B&B Materials sand and dirt pits located off Highway 165, Lat N34.72511 and Long W92.13855. An anonymous caller reported the illegal dumping to EPA and he was ordered to remove the material from this location. Mr. Mark Breckenridge is the owner of this site, and a friend of Mr. Wilcox, was unaware of the toxicity of the material being dumped. Mr. Wilcox then started illegally dumping the untreated sludge on leased land unknown to the owners Tepco Inc and to Mrs. Shirley Wilcox (Mr. Wilcox’s ex-wife) the lessee. This location is also a watershed to wetlands and the material was heaped and exposed to the wind and rain. Lat N34.78448, Long W92.1809. An aerial photo of the illegal dumping can be viewed on //www.terraserver.com , 02/01/09. While dumping at this location Mr. Wilcoxs dump trucks dropped untreated sludge on highways and the freeway (I-40) to and from Welsco at Maumelle. He had 2 workers go to the emergency room for burns to hands and feet after they came into contact with the airborne dust. The reaction of the dust on sweat coated skin created the burns. Both employees had to take time off work to recover from their injuries. The owners and the legal lessee were informed of the illegal dumping and ordered Mr. Wilcox to remove the materials from this site. A few weeks ago Mr. Wilcox started moving the material from the Tepco site under pressure from the owners, to his own land at the Lynch drive site. The Tepco site has now been cleaned up to a certain degree, but the material is still untreated and is a danger to the children and staff at the Lynch Drive Middle School, only a few hundred yards away. This site also creates a problem with run off and leaching into the water table of protected wetlands. Mr. Wilcox has had previous offences with the destruction of wetlands in this area, has a disregard for the law and contempt for all those who try to uphold it. PREVIOUS COMPLAINT? X YES � NO DATES: (See complaint numbers 007314, 007315, 005206)

DISCHARGE TO STREAM? ? YES � NO NAME OF STREAM:

HOW COMPLAINT WAS RECEIVED: �PHONE � LETTER X EMAIL

Email.pdfFW ComplaintLocal DiskC:\Documents and Settings\lewis\Desktop\temp\FW Complaint.txt

Wilcox Contracting