December 4, 2012
Paul Lukashuk, President
Forty-Niner Metals Management, LLC
4722 Hwy. 49 N.
Paragould, AR 72450
RE:
Reconnaissance Insepction
AFIN: 28-00471, NPDES Permit No.: ARR000818
Dear Mr. Lukashuk:
On November 8, 2012, I performed a reconnaissance stormwater inspection of your recycling
facility in accordance with the provisions of the Federal Clean Water Act, the Arkansas Water and
Air Pollution Control Act, and the regulations promulgated thereunder. This inspection revealed the
following violations:
1. The facility has not performed Parameter Benchmark Monitoring as required by Part 3,
Item 3.3 of the permit. All facilities are required to conduct monitoring and sampling of
stormwater at each outfall as specified. Part 3, Item 3.5 specifies that the facility must
monitor at least twice within a calendar year. One sample must be taken in the period
from January-June and another sample taken in the period from July-December. The
results of this sampling must be reported in accordance with Part 3, Item 3.12.2 of the
permit.
2. There is a large amount of electronic waste that is stored outside exposed to precipitation
where it is likely to cause pollution to the waters of the State in violation of A.C.A. § 8-4217(a)(2) which states, “It shall be unlawful for any person to place or cause to be placed
any sewage, industrial waste, or other waste in a location where it is likely to cause
pollution of any waters of this state.” Please explain the measures that are being taken to
prevent potential runoff of materials into the waters of the State.
For assistance with your specific monitoring requirements and submission of
Discharge Monitoring Reports (DMRs), you should contact the General Permits
Section at 501-682-0623.
You may obtain a listing of ADEQ Certified Laboratories that can perform the
required sampling and/or analysis on our website at:
http://www.adeq.state.ar.us/techsvs/labcert.asp or by calling Jane Hurley of the
Laboratory Certification Program at 501-682-0938.
Paul Lukashuk, Forty-Niner Metals Management, LLC
December 3, 2012
Page 2
The above items require your immediate attention. Please submit a written response to these findings to the
Water Division Inspection Branch of this Department. This response should be mailed to the address at the
bottom of the first page of the letter or e-mailed to Water-Inspection-report@adeq.state.ar.us. This response
should contain documentation describing the course of action taken to correct each item noted. This
corrective action should be completed as soon as possible and the written response with all necessary
documentation (i.e. photos) is due by December 18, 2012.
If I can be of any assistance, please contact me at walker@adeq.state.ar.us or 870-935-7221 ext.12.
Sincerely,
Brent L. Walker
District 3 Field Inspector
Water Division
cc:
Penny Wilson – Inspector Supervisor, Hazardous Waste Division
Water Division Enforcement Branch
Water Division Permits Branch
NPDES Report Page 2
ADEQ Water NPDES Inspection
AFIN: 28-00471
Permit #: ARR000818
Form Approved
OMB No. 2040-0003
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Washington, D.C. 20460
NPDES Compliance Inspection Report
Section A: National Data System Coding
Transaction Code
1
N
2
5
NPDES
3
A
R
R
0
0
0
Yr/Mo/Day
8
1
8
11
1
12
2
1
1
Inspec. Type
0
8
17
18
R
Inspector
19
S
Fac. Type
2
20
Remarks
Inspection Work Days
67
Facility Evaluation Rating
70
69
BI
N
71
N
QA
72
N
-------------------------------Reserved-----------------------------73
74
75
80
Section B: Facility Data
Name and Location of Facility Inspected (For industrial users discharging to POTW, also
include POTW name and NPDES permit number)
Forty-Niner Metals Management, LLC
4722 Hwy. 49
Paragould, AR
Greene Co.
Entry Time/Date
1330 11/8/2012
Permit Effective Date
1/10/2012
Exit Time/Date
1425 11/8/2012
Permit Expiration Date
6/30/2014
Name(s) of On-Site Representative(s)/Title(s)/Phone and Fax Number(s)
Paul Lukashuk/President/870-236-4940
Other Facility Data
36.105278
-90.450931
Name, Address of Responsible Official/Title/Phone and Fax Number
Paul Lukashuk/President/870-236-4940
Forty-Niner Metals Management, LLC
4722 Hwy. 49 N.
Paragould, AR 72450
Contacted
Yes

No
PDS# 069079

Section C: Areas Evaluated During Inspection
(S = Satisfactory, M = Marginal, U = Unsatisfactory, N = Not Evaluated)
S
Permit
N
Flow Measurement
M
Operations & Maintenance
U
Sampling
U
Records/Reports
N
Self-Monitoring Program
N
Sludge Handling/Disposal
N
Pollution Prevention
Facility Site Review
N
Compliance Schedules
N
Pretreatment
N
Multimedia
Effluent/Receiving Waters
N
N
Other:
N
N
U
Laboratory
Storm Water
Section D: Summary of Findings/Comments (Attach additional sheets if necessary)
This reconnaissance stormwater inspection was conducted to verify conditions at the facility at the request of the Hazardous Waste Division due to pending
enforcement action.
The SWPPP was not reviewed, however, it was determined that required stormwater sampling had not been performed. There was a large amount of exposed
electronic waste but no visible signs of potential pollutants leaving the facility. Since no stormwater sampling has been conducted, it is not possible to determine if
the exposed material is resulting in the discharge of pollutants to the waters of the State.
See the attached letter and photo sheets for additional information.
Name(s) and Signature(s) of Inspector(s)
Date
Brent L. Walker
Agency/Office/Telephone/Fax
AR Dept. of Environmental Quality-Jonesboro
(870) 935-7221 ext. 12/(870) 935-4715 (Fax)
Signature of Reviewer
Agency/Office/Phone and Fax Numbers
Date
11/8/2012
NPDES Report Page 3
ADEQ Water NPDES Inspection
AFIN: 28-00471
Permit #: ARR000818
Water Division NPDES Photographic Evidence Sheet
Location:
Forty-Niner Metals Management, LLC
Photographer:
Photo #
1
Brent Walker
Of
30
Witness:
Date:
None
11/8/2012
Time:
Description:
Miscellaneous electronic waste stored outside and exposed to precipitation.
Photographer:
Brent Walker
Photo #
Description:
2
Of
30
Witness:
None
Date:
11/8/2012
Time:
1338
1338
Miscellaneous electronic waste stored outside and exposed to precipitation.
NPDES Report Page 4
ADEQ Water NPDES Inspection
AFIN: 28-00471
Permit #: ARR000818
Water Division NPDES Photographic Evidence Sheet
Location:
Forty-Niner Metals Management, LLC
Photographer:
Photo #
3
Brent Walker
Of
30
Witness:
Date:
None
11/8/2012
Description:
Miscellaneous waste stored outside and exposed to precipitation.
Photographer:
Brent Walker
Photo #
Description:
4
Of
30
Witness:
None
Date:
11/8/2012
Time:
Time:
1338
1339
Miscellaneous electronic waste stored outside and exposed to precipitation.
NPDES Report Page 5
ADEQ Water NPDES Inspection
AFIN: 28-00471
Permit #: ARR000818
Water Division NPDES Photographic Evidence Sheet
Location:
Forty-Niner Metals Management, LLC
Photographer:
Photo #
5
Brent Walker
Of
30
Witness:
Date:
None
11/8/2012
Time:
Description:
Miscellaneous electronic waste stored outside and exposed to precipitation.
Photographer:
Brent Walker
Photo #
Description:
6
Of
30
Witness:
None
Date:
11/8/2012
Time:
1339
1339
Miscellaneous electronic waste stored outside and exposed to precipitation.
NPDES Report Page 6
ADEQ Water NPDES Inspection
AFIN: 28-00471
Permit #: ARR000818
Water Division NPDES Photographic Evidence Sheet
Location:
Forty-Niner Metals Management, LLC
Photographer:
Photo #
7
Brent Walker
Of
30
Witness:
Date:
None
11/8/2012
Time:
Description:
Miscellaneous electronic waste stored outside and exposed to precipitation.
Photographer:
Brent Walker
Photo #
Description:
8
Of
30
Witness:
None
Date:
11/8/2012
Time:
1339
1339
Miscellaneous electronic waste stored outside and exposed to precipitation.
NPDES Report Page 7
ADEQ Water NPDES Inspection
AFIN: 28-00471
Permit #: ARR000818
Water Division NPDES Photographic Evidence Sheet
Location:
Forty-Niner Metals Management, LLC
Photographer:
Photo #
9
Brent Walker
Of
30
Witness:
Date:
None
11/8/2012
Description:
Miscellaneous waste stored outside and exposed to precipitation.
Photographer:
Brent Walker
Photo #
Description:
10
Of
30
Witness:
None
Date:
11/8/2012
Time:
Time:
1340
1340
Plastic cases from CRT displays. (Closer view from above photo)
NPDES Report Page 8
ADEQ Water NPDES Inspection
AFIN: 28-00471
Permit #: ARR000818
Water Division NPDES Photographic Evidence Sheet
Location:
Forty-Niner Metals Management, LLC
Photographer:
Photo #
11
Brent Walker
Of
30
Witness:
Date:
None
11/8/2012
Time:
Description:
Miscellaneous electronic waste stored outside and exposed to precipitation.
Photographer:
Brent Walker
Photo #
Description:
12
Of
30
Witness:
None
Date:
11/8/2012
Time:
1340
1340
Miscellaneous electronic waste stored outside and exposed to precipitation.
NPDES Report Page 9
ADEQ Water NPDES Inspection
AFIN: 28-00471
Permit #: ARR000818
Water Division NPDES Photographic Evidence Sheet
Location:
Forty-Niner Metals Management, LLC
Photographer:
Photo #
13
Brent Walker
Of
30
Description:
Plastic cases from CRT displays.
Photographer:
Brent Walker
Photo #
Description:
14
Of
30
Witness:
Date:
None
11/8/2012
Witness:
None
Date:
11/8/2012
Time:
Time:
1344
1344
Plastic cases from CRT displays.
NPDES Report Page 10
ADEQ Water NPDES Inspection
AFIN: 28-00471
Permit #: ARR000818
Water Division NPDES Photographic Evidence Sheet
Location:
Forty-Niner Metals Management, LLC
Photographer:
Photo #
15
Brent Walker
Of
30
Witness:
Date:
None
11/8/2012
Time:
Description:
Miscellaneous electronic waste stored outside and exposed to precipitation.
Photographer:
Brent Walker
Photo #
Description:
16
Of
30
Witness:
None
Date:
11/8/2012
Time:
1351
1351
Miscellaneous electronic waste stored outside and exposed to precipitation.
NPDES Report Page 11
ADEQ Water NPDES Inspection
AFIN: 28-00471
Permit #: ARR000818
Water Division NPDES Photographic Evidence Sheet
Location:
Forty-Niner Metals Management, LLC
Photographer:
Photo #
17
Brent Walker
Of
30
Witness:
Date:
None
11/8/2012
Time:
Description:
Miscellaneous electronic waste stored outside and exposed to precipitation.
Photographer:
Brent Walker
Photo #
Description:
18
Of
30
Witness:
None
Date:
11/8/2012
Time:
1353
1353
Miscellaneous electronic waste stored outside and exposed to precipitation.
NPDES Report Page 12
ADEQ Water NPDES Inspection
AFIN: 28-00471
Permit #: ARR000818
Water Division NPDES Photographic Evidence Sheet
Location:
Forty-Niner Metals Management, LLC
Photographer:
Photo #
19
Brent Walker
Of
30
Witness:
Date:
None
11/8/2012
Description:
Electronic waste stored outside and exposed to precipitation.
Photographer:
Brent Walker
Photo #
Description:
20
Of
30
Witness:
None
Date:
11/8/2012
1353
Time:
1354
Time:
Electronic waste (hard disk drives) stored outside and exposed to precipitation.
NPDES Report Page 13
ADEQ Water NPDES Inspection
AFIN: 28-00471
Permit #: ARR000818
Water Division NPDES Photographic Evidence Sheet
Location:
Forty-Niner Metals Management, LLC
Photographer:
Photo #
21
Brent Walker
Of
30
Witness:
Date:
None
11/8/2012
Time:
Description:
Miscellaneous electronic waste stored outside and exposed to precipitation.
Photographer:
Brent Walker
Photo #
Description:
22
Of
30
Witness:
None
Date:
11/8/2012
Time:
1354
1354
Miscellaneous electronic waste stored outside and exposed to precipitation.
NPDES Report Page 14
ADEQ Water NPDES Inspection
AFIN: 28-00471
Permit #: ARR000818
Water Division NPDES Photographic Evidence Sheet
Location:
Forty-Niner Metals Management, LLC
Photographer:
Photo #
23
Brent Walker
Of
30
Witness:
Date:
None
11/8/2012
Description:
Electronic waste (cables) stored outside and exposed to precipitation.
Photographer:
Brent Walker
Photo #
Description:
24
Of
30
Witness:
None
Date:
11/8/2012
Time:
Time:
1357
1359
Miscellaneous electronic waste stored outside and exposed to precipitation.
NPDES Report Page 15
ADEQ Water NPDES Inspection
AFIN: 28-00471
Permit #: ARR000818
Water Division NPDES Photographic Evidence Sheet
Location:
Forty-Niner Metals Management, LLC
Photographer:
Photo #
25
Brent Walker
Of
30
Witness:
Date:
None
11/8/2012
Time:
Description:
Miscellaneous electronic waste stored outside and exposed to precipitation.
Photographer:
Brent Walker
Photo #
Description:
26
Of
30
Witness:
None
Date:
11/8/2012
Time:
1400
1403
Shear used for disassembly of electronic waste. (Inside building)
NPDES Report Page 16
ADEQ Water NPDES Inspection
AFIN: 28-00471
Permit #: ARR000818
Water Division NPDES Photographic Evidence Sheet
Location:
Forty-Niner Metals Management, LLC
Photographer:
Photo #
27
Brent Walker
Of
30
Witness:
Date:
Description:
Sheared electronic waste. Primarily hard disk drives.
Photographer:
Brent Walker
Photo #
Description:
28
Of
30
None
11/8/2012
Witness:
None
Date:
11/8/2012
Time:
Time:
1406
1415
Miscellaneous wastes near entrance.
NPDES Report Page 17
ADEQ Water NPDES Inspection
AFIN: 28-00471
Permit #: ARR000818
Water Division NPDES Photographic Evidence Sheet
Location:
Forty-Niner Metals Management, LLC
Photographer:
Photo #
29
Brent Walker
Of
30
Witness:
Date:
None
11/8/2012
Time:
Description:
Miscellaneous electronic waste stored outside and exposed to precipitation.
Photographer:
Brent Walker
Photo #
Description:
30
Of
30
Witness:
None
Date:
11/8/2012
Time:
1416
1417
Trailer with scrap metal.
NPDES Report Page 18
CERTIFIED MAIL: 91 7199 9991 7030 4906 0430
January 8, 2013
Paul Lukashuk
Forty-Niner Metals Management, LLC
4722 Hwy. 49 N.
Paragould, AR 72450
RE:
Failure to Respond to Inspection
Permit No.: ARR000818, AFIN: 28-00471
Dear Mr. Lukashuk:
A letter dated December 4, 2012 was sent to you by ADEQ. This letter outlined the
findings of my November 8, 2012 inspection of the above referenced facility and
requested that a written response be submitted to the Water Division Inspection Branch
of this Department by December 18, 2012. As of the date of this letter, no response has
been received.
Please submit a written response by January 28, 2013. A copy of the inspection report
has been included for your convenience.
Thank you for your attention to this matter. Should you have any questions, feel free to
contact me at 870-935-7221 ext.-12 or you may e-mail me at walker@adeq.state.ar.us.
Sincerely,
Brent L. Walker
District 3 Field Inspector
Water Division
cc:
Water Division Enforcement Branch
Water Division Permits Branch