Environmental agency inspires no confidence

In a surprising turn of events, the Department of Environmental Quality (DEQ) finds itself under scrutiny for its controversial enforcement practices at the Eco-Vista landfill in Tontitown. This has led to a statewide audit by the Arkansas Joint Legislative Performace Committee (JPLC). The inquiry aims to examine DEQ’s policies regarding landfill monitoring and enforcement.

During a JLPC meeting on Nov. 27, state Reps. Lundstrum and Unger and Tontitown Mayor Angie Russell presented compelling evidence that exposed DEQ’s approach to regulating Eco-Vista. The data they presented raised serious concerns among legislators, prompting an intense interrogation of DEQ Director Caleb Osborne.

The committee posed several serious questions to Osborne, including why DEQ incredulously lacks the capacity to test the air around landfills given that air quality falls within its core responsibilities. It also questioned why only two citations were issued out of 98 complaints filed against Eco-Vista in a two-year period. Additionally, the committee sought clarification of DEQ’s perplexing statewide policy of issuing verbal notices without consequences, instead of citations accompanied by fines.

Osborne’s ambiguous answers frustrated the committee, leading it to require a review of DEQ’s landfill enforcement practices statewide. Co-Chair Rep. Mark Berry, retired lieutenant general of the Arkansas National Guard, expressed deep concern, drawing a parallel to renowned environmental activist Erin Brockovich. He emphasized the urgency for action, stating the landfill was “out of control and unaccountable,” causing harm to the residents of Tontitown.

Since that meeting, elevated levels of sulfur dioxide have been detected around the landfill by the National Guard (notably not by the intransigent DEQ), validating the longstanding concerns of Tontitown residents, which have been greviously ignored for decades.

The evidence against the expansion of Eco-Vista is now clear and undeniable. This evidence includes the National Guard’s discovery of elevated sulfur dioxide levels, which embarrassingly exposes DEQ’s lack of credibility in denying the issue. It also includes DEQ’s admission before the Legislative Committee that it cannot predict the direction of leachate from liner tears in the proposed expansion area, as evidenced by runoff unexpectedly ending up in Wildcat Creek, a tributary of the Illinois River. The committee’s findings regarding the problematic landfill enforcement policies at Eco-Vista and the necessity for a statewide audit of DEQ’s practices further support the case against expansion.

Furthermore, Eco-Vista’s documented record of noxious fumes, failure to cover refuse properly (as verbal warnings are the only “enforcement” action taken by DEQ), refusal to test the air, and acceptance of illegal materials like tires, gas and batteries (without being cited as violations) raise serious concerns. Lastly, a 2002 Legislative Joint Audit report not only confirmed a disturbing history of liner leaks but highlighted the fact the landfill should never have been located in Tontitown due to its porous karst topography.

The facts speak for themselves. Any expansion of Eco-Vista, which will be ruled on by the Pollution and Ecology Commission on Wednesday, would constitute an unconscionable abandonment of public duty and a blatant disregard for Arkansas citizens.

DENNIS BOYER Tontitown