ONS Edition 32

Article: Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Glenwood Enter into Consent Administrative Order. (Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C, 23rd December 2024)

Article Summary: To remedy the purported breaches of the National Pollutant Discharge Elimination System (NPDES) permit under the Clean Water Act, the Arkansas Department of Energy and Environment (DEQ) and the City of Glenwood have engaged into a Consent Administrative Order. In Pike County, Arkansas, Glenwood runs a small wastewater treatment plant that discharges treated wastewater into an unnamed tributary of the Caddo River. This facility processes wastewater that has been treated. In order to maintain its NPDES permit, Glenwood must submit a comprehensive application for permit renewal at least 180 days before the permit's expiry date. An incomplete application was filed by Glenwood, but on July 8 it was determined that the application was administratively complete. It was in May of 2023 that the Department of Environmental Quality (DEQ) got a warning from Glenwood that the Wastewater Equalization Basin was releasing untreated wastewater into a stream. During a compliance review examination, multiple breaches were discovered. These violations included discharges that were not authorized, violations of operation and maintenance, bypassing the Large Clarifier, modifying the technique of disinfection, and failing to inform department of environmental quality. The letter was replied to by Glenwood, which said that the discharge that was not authorized had been stopped and that the pond had leaked when it was being used. After undergoing repairs, the wastewater treatment facility in Glenwood has to be brought back up to its full operating capacity. To ascertain whether or not the pond was leaking, tests were carried out; however, the findings did not corroborate the idea. The presence of a manhole SSO in the stream was discovered to be the cause of the increased levels of E. coli. Glenwood submitted a request for authorization to bypass pump flow while the present gate was being maintained; however, DEQ decided against granting this request unless certain conditions were satisfied. For determining whether or not there were breaches of E. coli, Total Suspended Solids, Carbonaceous Biochemical Oxygen Demand, and Total Residual Chlorine, the Department of Environmental Quality had certified Discharge Monitoring Reports reviewed. To switch from chlorine disinfection to ultraviolet (UV) treatment, Glenwood is now looking for financing from the Arkansas Department of Economic Development. After reviewing the SSOs that were reported by Glenwood, the DEQ discovered that there were ten sanitary sewage overflows that totalled more than 26,000 gallons. The city of Glenwood is now in the process of replacing its sewage mains to repair the oldest mains and manholes that are responsible for creating SSOs during precipitation events. Glenwood is required by the CAO to comply with the current NPDES permit until the date that it is scheduled to be renewed, to submit a complete corrective action plan, and to provide a full overview of the sewer replacement project. If Glenwood complies with the provisions of the CAO, the civil penalty of $11,550 will be applied, with $9,050 being postponed on a conditional basis.

Article: NLRB Weakens Ability of Employers to Rely on Management Rights Clauses in Collective Bargaining Agreements . . . For Now. (Vedder Price, 20th December 2024)

Article Summary: It was in the case of Endurance Environmental Solutions, LLC that the National Labor Relations Board (NLRB) reversed a norm that had been in place throughout the Trump administration and had enhanced management rights sections in collective bargaining agreements. By relying on the management rights section in the collective bargaining agreement, the corporation placed surveillance cameras in its fleet without first engaging in negotiations with its drivers. The union filed a complaint with the National Labor Relations Board (NLRB) alleging that the company had engaged in unfair labour practices. The corporation was first granted permission by an administrative law judge, who cited MV Transportation, Inc., 368 NLRB No. 66 (2019) as the basis for their decision. However, the National Labor Relations Board (NLRB) overturned the judgment of the Administrative Law Judge (ALJ) and decided in favor of the corporation. The Board reverted to the "clear and unmistakable waiver" criterion, which stipulates that employers must demonstrate that a union has granted a clear and unmistakable concession of its rights to negotiate over an issue as part of the collective bargaining agreement. As a result of this increased standard, it is more difficult for employers to make modifications to working conditions by relying merely on the text of general management rights contracts.

Article: Asphalt Company Not Liable for $2.6 Million in Sales Tax Where Judge Found No Sale. (Blank Rome LLP, December 2024)

Article Summary: In the case Asphalt Emulsion Industries LLC v. North Carolina Department of Revenue, an administrative law judge decided that the transfer of property from an asphalt firm to its parent without compensation did not constitute sales and, as a result, there was no need to pay sales tax. A firm called AEI, which was completely owned by Slurry Pavers, Inc. and which made emulsion products for both its parent company and another related corporation called Whitehurst Paving firm, Inc., was at the center of this case. It was the contention of the North Carolina Department of Revenue that the transfers constituted sales that were subject to taxation; however, the Administrative Law Judge determined that the transfers did not constitute sales that were subject to sales tax since there was no consideration involved. The Division of Revenue's allegation that Slurry's payment of AEI's workers and performance of accounting services constituted compensation was also rejected by the Administrative Law Judge (ALJ). According to the findings of the ALJ, Slurry handled AEI as if it were a subsidiary of Slurry, and the behavior of the parties was consistent with such treatment. Additionally, the ALJ did not agree with AEI's contention that it was not needed to register as a retailer and submit tax returns for sales and usage.

Article: Washington Department of Ecology to Update to Organic Materials Management Rules to Reduce Potential Feedstock Contamination. (Beveridge & Diamond PC, 20th December 2024)

Article Summary: The Washington Department of Ecology is in the process of planning to revise its rules for the management of organic materials. These regulations will include procedures for obtaining permits for establishments that handle and process organic materials. In accordance with House Bill 2301, a state legislation that was passed in 2024 with the intention of minimizing trash sent to landfills, the update intends to address the contamination of food waste feedstocks and final goods. By the first of April in 2027, the regulation will mandate that facilities offer source-separated organic solid waste collection services to all single-family residences as well as some non-residential customers. There will also be an increase in the number of standards included for organic material management techniques, such as worm farming systems.

Note: Dear Subscribers, wish you all a Merry Christmas and a Very Happy New Year 2025. The Chota Nagpur Region includes states like Bihar, Jharkhand, West Bengal, Odisha and Chhattisgarh. This Plateau region is mostly famous for minerals like iron ore, coal, mica and bauxite. Government of India had established several plants here to utilize the mineral wealth present in these regions for the development of our country. Plants like Bokaro Steel Plant, Durgapur Steel Plant, had remained epicenters for providing employment in the region's young and unemployed talents for decades.

But now things are on the decline. A major contributor to the decline is the decrease in demand from the steel industry, often caused by export duties imposed on steel products, impacting the demand for iron ore, a key Indian mineral. With this decline the job and employment opportunities have also declined. The already poverty and illiteracy stricken regions are now turning into criminal hubs. With increase of criminal activities gangs are also formed. Among these gangs the most notorious is the Jamtara Cybercrime Gang. As Jharkhand forms the major portion of the Chota Nagpur Region, this gang is very active in the region. It's gang members are spread across this plateau region. Any cyber activity draws their attention, especially during the night hours, and on social media platforms like LinkedIn where business professionals come from around the world to meet and greet each other. Therefore, understanding the gravity of the situation I have decided to turn ONS into a weekly edition. It is an attempt to stay out of the prowling eyes of this gang.

Thanks and Regards.

Joy Nath.