Opinion No.

Marcus C. Devine, Director Arkansas Department of Environmental Quality 8001 National Drive Box 8913 Little Rock, AR 72219-8913

Dear Director Devine:

I am writing in response to your request for my opinion on a question arising from the following facts:

On a number of occasions the Arkansas Department of Environmental Quality (ADEQ) has funded or undertaken the clean up of contamination on private property. The clean up or remedy selected in such a situation may result in contamination remaining on the site. In order to ensure protection of the public health and the environment, such a remedy…