Second Five-Year Review Report

Rogers Road Municipal Landfill

Pulaski County, Arkansas

September 2005

Region 6

United States Environmental Protection Agency

Dallas, Texas

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SECOND FIVE-YEAR REVIEW

Rogers Road Municipal Landfill Superfund Site

EPA ID# ARD981055809

Pulaski County, Arkansas

This memorandum documents United States Environmental Protection Agency (EPA) approval of

the Rogers Road Municipal Landfill Superfund Site Five-Year Review Report. 

Summary of Five-Year Review Findings

The second five-year review of the Rogers Road Municipal Landfill site (“site” or “Rogers Road

site”) located near Jacksonville, in Pulaski County, Arkansas, was completed in September 2005. 

The results of the second five-year review indicate that the remedy is protective of human health

and the environment. Overall, the remedial actions performed appear to be functioning as

designed, and the site has been maintained appropriately. No deficiencies were noted that impact

the protectiveness of the remedy. 

The remedy was chosen to remove the principal health threats that presented excess lifetime

cancer risk, prevent further actual or threatened releases of hazardous substances from the site,

and establish a method of long term monitoring to ensure protectiveness. Materials containing

above10 parts per billion (ppb) dioxin concentrations were removed and incinerated at the nearby

Vertac Superfund site, and the affected areas were backfilled and re-graded. Soil cover was

placed on materials that were between 1 and 10 ppb dioxin level, greater than 37 ppb dieldrin, and

dieldrin and herbicide contamination associated with a hazard index above 0.7. 

Operations and maintenance (O&M) at the site consists of site inspections to confirm fence

integrity, and maintenance of the soil cover. Site inspections show that the fencing is effectively

preventing access to the site and site groundwater. Because no contaminants of concern defined

by the Record of Decision were detected in the four years of annual groundwater monitoring, 

the Arkansas Department of Environmental Quality (ADEQ) recommended discontinuing

groundwater monitoring. EPA concurred that this recommendation was appropriate to

implement, and ground water monitoring was stopped after 1997. The site was to be deleted

from the National Priorities List (NPL), but has been held up over the issue of institutional

controls. Counsel for EPA and the City of Jacksonville had correspondence and discussions over

the issue during the period of 1999 through 2002. The issue was complicated by the fact that the

site property was reported to be in private hands with no clear record of title among numerous

potential heirs, and lengthy delay ensued. In September 2003, an action to quiet title to the site

property, which the City Attorney had facilitated and assisted, was successfully concluded in state

court. In August 2005, in consultation with the EPA Office of General Counsel, the EPA Region

6 attorney and the Jacksonville City Attorney renewed efforts to resolve the issue of enacting

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Section Page

Summary of Five-Year Review Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ES-1

Determinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ES-2

Concurrence Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ES-3

List of Acronyms ............................................................. iii

Five-Year Review Summary Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v

1. Introduction ...........................................................1

2. Site Chronology ........................................................3

3. Background ...........................................................3

4. Remedial Actions .......................................................6

4.1 Remedy Selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

4.2 Remedy Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

4.3 Operations and Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

4.4 Progress Since Initiation of Remedial Action ............................9

5. Five-Year Review Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

6. Five-Year Review Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

6.1 Interviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

6.2 Site Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

6.3 Standards Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

6.4 Data Review ..................................................... 15

7. Assessment ........................................................... 17

8. Deficiencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

9. Recommendations and Follow-up Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

10. Protectiveness Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

11. Next Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Figures

Figure 1: Site Map

Tables

Table 1: Chronology of Site Events

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Attachments

Attachment 1: References

Attachment 2: Interview Record Forms

Attachment 3: Site Inspection Record with Photographs

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List of Acronyms

ADEQ Arkansas Department of Environmental Quality

ADPC&E Arkansas Department of Pollution Control and Ecology

ARARs Applicable or Relevant and Appropriate Requirements

CERCLA Comprehensive Environmental Response, Compensation, and Liability Act

CD Consent Decree

CDC Center for Disease Control

CFR Code of Federal Regulations

E&E Ecology and Environment 

ERCS Emergency Response Clean-up Service

EPA United States Environmental Protection Agency

FR Federal Register

HI Hazard Index

LDR Land Disposal Restrictions

NCP National Oil and Hazardous Substances Pollution Contingency Plan

NPL National Priorities List

MCLs Maximum Contaminant Limits

O&M Operation and Maintenance

OSWER Office of Solid Waste and Emergency Response 

OUs Operable Units

ppb part per billion

RCRA Resource Conservation and Recovery Act

RI/FS Remedial Investigation/Feasibility Study

ROD Record of Decision

TAT Technical Assistance Team

TBC To Be Considered

TCDD Tetrachlorodibenzo-p-dioxin

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Five-Year Review Summary Form

SITE IDENTIFICATION

Site name (from WasteLAN): Rogers Road Municipal Landfill

EPA ID (from WasteLAN): ARD980809941

Region: EPA Region 6 State: AR City/County: Jacksonville/Pulaski

SITE STATUS

NPL Status: : Final 9 Deleted 9 Other (specify):

Remediation status (choose all that apply): 9 Under Construction 9 Operating :Complete

Multiple OUs? 9 Yes : No Construction completion date: September 1995 

Has site been put into reuse? : Yes 9 No [Tree farming; municipal beautification]

REVIEW STATUS

Reviewing agency: : EPA 9 State 9Tribe 9 Other Federal Agency:

Author: Shawn Ghose M.S., P.E., RPM EPA Region 6, 6SF-AP

Review period: September 2000 to September 2005

Date(s) of site inspection: September 9, 2005

Type of review: : Statutory

9 Policy

9 Post-SARA 9 Pre-SARA 9 NPL-Removal only

9 Non-NPL Remedial Action Site 9 NPL State/Tribe-lead 

9 Regional Discretion

Review number: 9 1 (first) : 2 (second) 9 3 (third) 9 Other (specify):

Triggering action:

9 Actual RA Onsite Construction 9 Actual RA Start at OU# _____

9 Construction Completion : Recommendation of Previous Five-Year Review Report

9 Other (specify):

Triggering action date (from WasteLAN): September 27, 2000 ( 1st Five Yr Review)

Due date (five years after triggering action date): September 27, 2005

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Second Five Year Review Summary Form

Deficiencies:

No deficiencies noted.

Recommendations and Follow-up Actions:

• An appropriate instrument granting restrictive covenants that prohibit use of groundwater

for human, livestock, and agricultural consumption or contact should be finalized and

properly executed and recorded in the site deed records.

• An explanation of significant differences (ESD) should be issued to reflect the early

attainment of groundwater cleanup goals and the consequent cessation of annual

groundwater monitoring.

• Upon proper recording of appropriate restrictive covenants and issuance of an ESD, the

process of deleting the site from the NPL should be initiated and completed.

Protectiveness Statement(s):

The remedy completed for the Rogers Road Municipal Landfill site is protective of human

health and the environment. 

Other Comments:

None.

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Second Five-Year Review Report

Rogers Road Municipal Landfill

The United States Environmental Protection Agency (EPA) Region 6 has conducted the second

five-year review of the remedial actions implemented at the Rogers Road Municipal Landfill site

(“site” or “Rogers Road site”) located near Jacksonville, Pulaski County, Arkansas for the period

September 2000 through September 2005. The purpose of a five-year review is to determine

whether the remedy at a site is protective of human health and the environment. This report

documents the results of the review for this site, conducted in accordance with EPA guidance on

five-year reviews. 

Existing EPA guidance on five-year reviews includes the following: 

• Office of Solid Waste and Emergency Response (OSWER) Directive 9355.7-02 (May 23,

1991), Structure and Components of Five-Year Reviews (introduced five-year review

requirements).

• OSWER Directive 9355.7-02FS1 (August 1991), Fact Sheet: Structure and Components of

Five-Year Reviews.

• OSWER Directive 9355.7-02A (July 26, 1994), Supplemental Five-Year Review Guidance

(introduced level of review considerations for sites where response is ongoing).

• OSWER Directive 9355.7-03A (December 21, 1995), Second Supplemental Five-Year

Review Guidance (identified three purposes of five-year review and emphasized that reviews

must include a signed protectiveness determination, along with recommendations to correct

deficiencies.

Guidance provided in these documents has been incorporated into the five-year review performed

for this site, as have the concepts outlined in the Draft Comprehensive Five-Year Review

Guidance, October 1999, OSWER Directive 9355.7-03B-P.

1.0 Introduction

The second five-year review for the Rogers Road Municipal Landfill site is required by statute.

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Statutory reviews are required for sites where, after remedial actions are complete, hazardous

substances, pollutants, or contaminants will remain onsite at levels that will not allow for

unrestricted use or unrestricted exposure. This requirement is set forth by the Comprehensive

Environmental Response, Compensation, and Liability Act (CERCLA) and the National Oil and

Hazardous Substances Pollution Contingency Plan (NCP). Statutory reviews are required only if

the ROD was signed on or after the effective date of the Superfund Amendments and

Reauthorization Act of 1986 (SARA). CERCLA §121(c), as amended by SARA, states:

If the President selects a remedial action that results in any hazardous substances,

pollutants, or contaminants remaining at the site, the President shall review such remedial

action no less often than each five years after the initiation of such remedial action to

assure that human health and the environment are being protected by the remedial action

being implemented.

The NCP §300.430(f)(4)(ii) of the Code of Federal Regulations (CFR) states:

If a remedial action is selected that results in hazardous substances, pollutants, or

contaminants remaining at the site above levels that allow for unlimited use and

unrestricted exposure, the lead agency shall review such action no less often than every

five years after the initiation of the selected remedial action.

This is the second five-year review for the Rogers Road Municipal Landfill site. The triggering

action for this statutory review is the date of the first five-year review September 27,2000. This

review is required because hazardous substances, pollutants, or contaminants were left onsite

above levels that allow for unlimited use and unrestricted exposure, and the Record of Decision

(ROD) called for institutional controls limiting groundwater use on and immediately down

gradient of the site (EPA, 1990).

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2.0 Site Chronology

A chronology of significant site events and dates are included in Table 1, provided at the end of

the report text. A reference list is provided in Attachment 1. 

3.0 Background

The Rogers Road Municipal Landfill site is about one acre of the ten-acre landfill located outside

the city limits of Jacksonville in Pulaski County, Arkansas. The site is approximately 12 miles

northeast of Little Rock, Arkansas. The landfill is situated immediately east of Rogers Road, onetenth mile south of Graham Road. The southern portion of Rogers Road which adjoins the

landfill is unpaved. Land records at the Pulaski County Courthouse describe the plot of land as

the east half of the northeast quarter of Section 28, Township 3 North and Range 10 West (EPA,

1990). Less than one-half mile east of the Rogers Road Municipal Landfill Superfund site the

Jacksonville Municipal Landfill Superfund site (see Figure 1). Because of the proximity of the

sites and the similarities in their features and characteristics, the site characterization and remedial

action activities for these sites were carried out concurrently. 

The Rogers Road Municipal Landfill site is located within a residential and agricultural area. The

area to the north, south, and east is wooded. Rogers Road adjoins the site to the immediate west

(see Figure 1); the property beyond Rogers Road to the west is agricultural. There is a fairly high

population density within one-half mile radius of the site (approximately 51 single-family homes);

areas further out are more sparsely populated. At the time of the ROD it was assumed that

approximately 153 to 204 people lived within a one-half mile radius (EPA, 1990). The ROD also

stated that the landfill was located in a predominantly agricultural area, the area did not lend itself

to commercial types of development, that there were no businesses or commercial areas located

within one and one-half miles of the site, and that the types of receptors were not expected to

change in the foreseeable future. Observations during the June 2000 site inspection (see Section

6) indicate this continues to be the case. 

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A residential well inventory was conducted as part of the Remedial Investigation (RI) and

information was collected from residences near the landfill. The City of Jacksonville installed a

municipal water system which has served the residents in the area of Rogers Road since sometime

prior to 1974 (EPA, 1990). Reportedly only one residence near the Rogers Road Landfill ever

used groundwater, and this household stopped using the well when municipal water was made

available. The other residences were reported to have used only the City water system. 

The City of Jacksonville acquired the property on September 16, 1953. Approximately half of the

site was used intermittently as a municipal waste disposal facility, in conjunction with the

Jacksonville Landfill (see Figure 1), until October 1974. The landfill was closed when the

Arkansas Department of Pollution Control and Ecology (ADPC&E, now Arkansas Department of

Environmental Quality [ADEQ]) refused to grant a landfill permit because of the high water table

and poor drainage in the area.

Records indicate that open burning and trenching with bucket and dragline were the waste

handling methods used until 1974, along with open dumping and landfilling. During the years that

the facility was operated, the site was run as a typical sanitary landfill and not a permitted RCRA

disposal facility. As a result, companies which hauled waste to the landfill were not required to

provide the site operator with detailed information regarding generators, waste types, or

quantities. No detailed records indicating specific waste types or quantities are known to have

been kept by the site owner/operator, making identification of generators and operators difficult.

Wastes appear to have been disposed of in one long trench and in several surface piles,

accompanied by open dumping in numerous areas around the site, which appear to have been

covered with a layer of soil. After the landfill was closed, local residents continued to use the site

as an open dump until the site was fenced. To prevent unauthorized access, the City of

Jacksonville fenced the portion of the facility used for burning and land disposal (a 300 by 237

foot area) in 1986. Wastes from the Vertac Superfund site in Jacksonville, Arkansas, which

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produced numerous chemical products including dioxins, are believed to have been disposed of at

the Rogers Road site. An estimated 15 to 50 drums of dioxin contaminated herbicidemanufacturing waste were disposed at the landfill. 

The Rogers Road Municipal Landfill was identified to EPA on May 10, 1983, through a citizen’s

complaint. At that time, EPA was conducting a site inspection of the Jacksonville Landfill. After

a field investigation, the Rogers Road Municipal Landfill was proposed for inclusion on the

National Priorities List (NPL) of uncontrolled hazardous waste sites on January 22, 1987. The

site was added to the NPL on July 22, 1987.

A Remedial Investigation (RI) was conducted between November 1988 and March 1990, and a

risk assessment was performed based on the analytical findings of the RI. The results of the RI

and risk assessment and prior investigations are summarized in the RI Report (Peer and Resource

Applications, Inc., 1990a). The Feasibility Study (FS) was also released at this time (Peer and

Resource Applications, 1990b). Onsite soil and decaying drums were found to be contaminated

with dioxin (2,3,7,8-tetrachlorodibenzo-p-dioxin [TCDD] equivalents), the herbicides 2,4-D and

2,4,5-T, and the pesticide dieldrin (EPA, 1996). 

The investigations undertaken at the Rogers Road landfill revealed that contaminates in the soil

comprised the principal threat posed by the site. A remedy was chosen based on the following

criteria:

• Remedy the contaminated soil using thermal treatment and soil cover to ensure it no longer

presents a threat to human health or the environment.

• Eliminate the health risks due to ponded water onsite by filling in the existing site trenches

with clean fill. 

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• Establish a method of long term monitoring to ensure that the soil cover is properly

maintained and the groundwater quality is adequately monitored. (EPA, 1990)

The remedial actions undertaken to meet these criteria are described in the following paragraphs.

4.0 Remedial Actions

The remedial action completed at the Rogers Road Municipal Landfill Superfund site included

removal and incineration at the nearby Vertac Superfund site of materials containing

concentrations of dioxin above10 ppb, and backfilling and regrading of the affected areas. The

remedy also included placement of soil cover over materials demonstrating concentrations

between 1 and 10 ppb dioxin, greater than 37 ppb dieldrin, and dieldrin and herbicide

contamination associated with a hazard index (HI) above 0.7. A total of 200 cubic yards and 76

drums of material were removed, treated, and disposed at Vertac. 

Included in the following subsections is a description of the remedy selection process employed at

the Rogers Road Municipal Landfill Superfund site, the implementation of the remedy, the

Operations and Maintenance (O&M), and the progress made at the site since initiation of remedial

action and construction completion. 

4.1 Remedy Selection

The ROD for this site was signed on September 27, 1990. The selected remedy included:

• Excavation of contaminated soil and debris containing greater than 10 ppb equivalent 2,3,7,8-

TCDD and backfilling the excavated area.

• Transportation of the excavated material to the Vertac Superfund site in Jacksonville,

Arkansas.

• Incineration of the excavated contaminated material and disposal of residuals at Vertac.

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• Steam-cleaning and disposal of large items of refuse removed from contaminated areas at the

Rogers Road site.

• Covering soil, debris and water meeting the criteria stated below with twelve inches of soil:

- 2,3,7,8-TCDD concentrations >1.0 and #10 ppb 

- Cumulative HI >.7 for 2,4,5-T; 2,4,5 TP; and dieldrin, or

- Dieldrin >37 ppb.

• Backfilling the site trench;

• Institutional controls such as fence maintenance and land-use restrictions limiting ground

water use on and immediately down gradient of the site; and 

• Ground water monitoring.

On June 20, 1994, a Consent Decree (CD) between EPA and the City of Jacksonville regarding

the site was entered in United States District Court. This CD and the CD for the nearby

Jacksonville Landfill site were the first in the country between a municipality and EPA that

utilized this type of mixed work settlement. Under the agreement, EPA performed the work that

involved handling the hazardous substances, including excavation of the hot spots of

contamination, transporting the material to Vertac, incineration, and decontamination. The City

performed the non-hazardous work, including fencing, backfilling, grading, re-vegetating,

inspection and maintenance, installation of additional groundwater wells, groundwater sampling

and analysis, and land-use controls.

4.2 Remedy Implementation

On August 22, 1995, Ecology and Environment (E&E), the EPA Technical Assistance Team

(TAT) and the Emergency Response Clean-up Service (ERCS) contractor, Reidel-Peterson,

mobilized to begin remedial operations at the site. After preliminary road work was completed,

excavation of contaminated soil was initiated. 

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During the action, Reidel-Peterson re-containerized contaminated material that was in decaying

drums and excavated soil. This material, along with investigation-derived waste such as

contaminated personal protective equipment, was transported to the Vertac Superfund site for

treatment at the incinerator. Confirmation soil samples were collected after this initial excavation

to verify the degree of contaminant removal and to determine the areas of moderate

contamination (2,3,7,8-TCDD concentrations >1.0 and #10 ppb and dieldrin >37 ppb) which

would later be covered with clean soil. 

A total of 200 cubic yards of contaminated soil and 76 drums of hazardous materials (including 19

drums of investigation-derived wastes) were transported to Vertac and incinerated. This is a

higher volume than the 130 cubic yards estimated in the ROD. Despite this increase in volume,

remedial activities went smoothly. Incineration at Vertac began on October 20, 1994, and ended

on December 4, 1994. The January 20, 1995, Technical Assistance Report for the Rogers Road

Municipal Landfill written by E&E (E&E, 1995), details the remedial action activities performed

by EPA and its contractors. 

The total cost for the action was $129,070.00 for the excavation, preliminary sampling, and

transportation of the waste and $1.07 million for the confirmatory sampling and incineration at

Vertac.

During the fall of 1994, the City of Jacksonville continued regrading activities and installed three

additional groundwater monitoring wells between the Jacksonville Landfill and the Rogers Road

Landfill as required by the ROD and CD. The City demobilized in late October when heavy rains

in the area made passage through the site difficult. City activities recommenced in July 1995

when the site was sufficiently dry for vehicles to pass. The City regrading activities were

completed in September 1995. 

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4.3 Operations and Maintenance

The City of Jacksonville, as agreed upon in the CD and accompanying Statement of Work and as

detailed in the Remedial Action Work Plan (City of Jacksonville, 1994), has assumed all

responsibility for O&M at the Rogers Road site. O&M activities include routine site inspections

to ensure that positive drainage is occurring, and maintenance of perimeter fencing. These

activities maintain the protectiveness of the remedy. 

The ROD specified annual groundwater monitoring for up to thirty years to ensure that the

remedy was effective and operating properly (with review every five years to determine continued

necessity). ADEQ assumed responsibility for groundwater monitoring, and performed the

monitoring for four annual events, from 1994 to 1997. Because no COCs as defined by the ROD

were detected during these four events, ADEQ recommended cessation of the groundwater

monitoring after the 1997 event. EPA agreed and groundwater monitoring was suspended,

however, an explanation of significant differences should be issued to reflect this determination. 

See Section 6.2 for a discussion of projected versus actual annual O&M costs.

4.4 Progress Since Initiation of Remedial Action

All remedial action construction requirements have been completed. The site is fenced and the

City of Jacksonville is controlling access to the site and site groundwater. ADEQ has provided

official concurrence for deleting the site from the NPL once restrictive covenants are in place

restricting groundwater use (ADEQ, 1999a). These restrictive covenants are the type of

institutional controls contemplated in the site Record of Decision (EPA, 1999a). The City of

Jacksonville is in the process of putting the restrictive covenants in place, pending resolution of

legal issues associated with title to the remediated area (EPA, 2000; EPA, 2000a; City of

Jacksonville, 2000, EPA, 2002, EPA, 2005). The process has not been fully resolved since the

September 2000 review. However, with the City Attorney’s facilitation and assistance, an action

to quiet title to the site property was successfully pursued in the Circuit Court of Pulaski County,

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Arkansas. The decree that resulted in the fall 2003 from that action has cleared up considerable

confusion over the ownership of the site property, and put the City in a position to work with the

site property owners to execute and record proper restrictions on land use. In August 2005, the

EPA Region 6 attorney and the Jacksonville City Attorney initiated serious discussions, assisted

by support from the EPA Office of General Counsel, over the proper form of an instrument

granting an easement and restrictive covenants to the City, but providing a right of enforcement in

the EPA as a third party beneficiary to the grant. This process is expected to come to fruition

very soon with the execution and proper recording of that instrument. Once this process has

been completed and an explanation of significant differences has been issued for the site, the

process of site deletion from the NPL should be initiated and followed through to completion. 

Control of groundwater use immediately down gradient of the site is not strictly enforceable, but

residents are on municipal water supply. ADEQ had requested that the solid waste regulatory

authority be notified of the detection of low levels of non-site-related metals in the monitoring

wells that may be caused by leaching from the municipal landfill. This notification has been 

accomplished.

O&M procedures appear to be adequate with O&M frequency being maintained as per the O&M

plan instituted following construction completion (reporting to EPA is not required). As

discussed previously, groundwater monitoring at the site was discontinued due to the repeated

lack of detection of COC’s as defined in the ROD, thus indicating the achievement of cleanup

goals for groundwater; and the EPA has agreed with this approach, subject to the caveat that it

should be adopted in an explanation of significant differences for the site remedy. The imminent

recording of restrictive covenants for the site property that control groundwater use should ensure

that there are no pathways available for human or livestock contact with, or consumption of,

groundwater from the site.

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5.0 Five-Year Review Process

This five-year review has been conducted using the concepts found in EPA’s Draft

Comprehensive Five-Year Review Guidance, dated October 1999 (EPA, 1999), and in

accordance with the guidance contained in the existing final five-year review guidance documents

that are listed on page 1 of this report. The EPA will make information available to the public

regarding the five-year review through the Rogers Road site status summary on EPA’s Region 6

website, at http://www.epa.gov/earth1r6/6sf/pdffiles/rogersrd.pdf. It is EPA’s intention to

advertise the availability of the five-year review report in a newspaper local to the site and on the

site status summary website referenced above, and to provide a copy of the report to the site

information repositories. The five-year review consisted of interviews with relevant parties, a

site inspection, and a review of applicable data and documentation covering the period of the

review. The findings of the review are described in the following section. 

6.0 Five-Year Review Findings

The information collected during the interviews, the site inspection, and the data review are

described in the following subsections. 

6.1 Interviews

Interviews were conducted with the Mayor of the City of Jacksonville, and with a representative

of ADEQ at the City of Jacksonville offices and at the Jacksonville and Rogers Road Municipal

Landfill sites on September 9, 2005. Interview Record Forms which document the issues

discussed during these interviews are provided in Attachment 2. 

An interviews was conducted with Mayor Tommy Swaim of the City of Jacksonville by the EPA

site RPM Shawn Ghose, as well with Brian Wakelyn of the ADEQ. In addition, during the

conduct of the site inspection, RPM Shawn Ghose had an opportunity to discuss site O&M with

Mr. Jay Whisker the city engineer who is in charge of maintaining the O&M. The overall

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impression from all respondents was that the remedy implementation went smoothly and had a

positive effect on the surrounding community. The health risks were removed, the grading done

at the site as part of the remedy resulted in drainage improvements, and the site is now

maintained, whereas prior to remedy implementation, and the entire site was overgrown. No

community concerns have been expressed regarding this site since the last five-year review in

September 2000. 

 

6.2 Site Inspection

A site inspection was conducted at the site on September 9, 2005. The completed site inspection

record is provided in Attachment 3, along with an inspection report provided by the City of

Jacksonville and associated photographs. 

The area around the site along Rogers Road is densely wooded. The fencing around the site

appeared intact and secure, although no signs were posted on the fence or the gate. No vandalism

was evident, and the roads were adequate. The soil cover appeared to be in good condition; no

settlement, cracks, or erosion was evident. The site was dry on the day of the site inspection and

appeared well-graded. The presence of poison oak, poison ivy, and numerous ticks were

observed. 

The site is situated in a natural low area, however, and standing water in the area surrounding

Rogers Road Landfill has been noted previously by the City of Jacksonville staff following rain

events. Monitor well surface completions appeared to be in good condition. Not all wells were

located during the site inspection due to the presence of dense vegetation, including poison oak

and ivy, and the abundance of ticks observed in the area. The wells are visited by City personnel

during the periodic inspections several times per year. 

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6.3 Standards Review

Applicable or Relevant and Appropriate Requirements (ARARs) for this site were identified in the

ROD dated September 27, 1990. The First Five-Year Review included identification of and

evaluation of changes in these ARARs to determine whether such changes may affect the

protectiveness of the selected remedy.

The ROD identified the following ARARs as having an impact on the proposed remedy:

1. RCRA Land Disposal Restrictions (LDRs), as regulated under 40 CFR Part 268.

2. Transportation of hazardous wastes, as regulated under 40 CFR Part 263 and 49 CFR Parts

107 and 171-177.

3. The operational standards and monitoring requirements for hazardous waste incinerators, as

regulated under 40 CFR Part 264 Subpart O.

4. Guidance for the closure of open dumps as regulated under 40 CFR 256.23.

5. The post-closure care and monitoring requirements for hazardous waste disposal facilities as

regulated under 40 CFR 264.117(a)(1).

6. Requirements to evaluate the potential impacts to flood plains as regulated under the

Executive Order on Floodplain Management, Executive Order No. 11988.

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The Rogers Road Landfill ROD identified the following criteria as to be considered (TBCs) for

the remedial action:

1. The Center For Disease Control’s (CDC’s) 2,3,7,8-TCDD concentration recommendations

for residential settings of 1.0 ppb in surface soil and 10.0 ppb when covered by at least 12

inches of clean fill. 

2. CERCLA section 104(d)(4), which allows EPA to treat noncontiguous facilities as one where

those facilities are reasonably related on the basis of geography or threat.

3. 40 CFR Part 258 (Proposed), which contains the operating, design, closure, and post-closure

criteria for municipal solid waste landfills.

4. 40 CFR Parts 260, 261, 264, and 270, which contain proposed standards for owners and

operators of hazardous waste incinerators.

No state ARARs were identified in the ROD. 

As noted in the First Five-Year Review, Hazardous waste incineration is no longer occurring as

part of the site remedy, and the 40 CFR Part 264 Subpart O regulations no longer apply to the

site. This also would apply to the regulations relating to hazardous waste incineration under 40

CFR Parts 260, 261, 264, and 270. In addition, since hazardous waste is no longer being

transported at the site, the regulations at 40 CFR Part 263 and 49 CFR Parts 107 and 171-177 are

no longer applicable. 

Also noted in the First Five-Year Review, at that time there have been no changes to the

regulations under 40 CFR 256.23 (guidance for closure of open dumps), and there had been no

changes to Executive Order No. 11988 (flood plains). In addition, there had been no changes to

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CERCLA section 104(d)(4) (noncontiguous facilities). No promulgated changes could be found

in the CDC’s concentration recommendations for 2,3,7,8-TCDD in the First Five-Year Review.

In addition, the First Five-Year Review noted there had been no changes to the regulatory

requirements described under 40 CFR 264.117(a)(1). This regulation requires 30 years of postclosure care and monitoring or for another period determined by the Regional Administrator. The

EPA had determined previously, based on groundwater sampling results, that the groundwater is

not impacted by the COCs and that continued monitoring would not be necessary once restrictive

covenants are in place at this site. The proposed regulations under 40 CFR Part 258 were

promulgated on October 9, 1991 (56 FR 51016). The Rogers Road Landfill met the requirements

for closure as a hazardous waste landfill under 40 CFR 264.117(a)(1), however, and the

regulations of 40 CFR 258 would not apply.

The First Five-Year Review noted the EPA had promulgated changes in the LDRs with regards to

the classification of contaminated soil (40 CFR 268.49, 63 FR 28602-28622). The remedy

satisfies these ARAR requirements.

Based on the standards review conducted during the First Five-Year Review, it appeared that no

new laws or regulations have been promulgated or enacted that would call into question the

effectiveness of the remedy at Rogers Road to protect human health and the environment. No

additional standards review has been conducted for this second five-year review. 

6.4 Data Review

Since the first five-year review (September 2000) there has been no change in the O&M

procedures at the site, thus the only data to be reviewed are the proper maintenance of the cap,

maintenance of proper drainage and the maintenance of the site fence which have all been

adequately performed by the City of Jacksonville. For details of the data review for the first five

year review the reader is directed to examine the September 2000 Five-Year Review. 

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During the remedial action, the confirmatory sampling involved a 14 x 14 grid around all the areas

that were visibly contaminated or shown to be contaminated during the remedial investigation. 

Sample locations that did not meet remedial action goals and all the adjacent grid locations were

then re-excavated, and the entire re-excavated area was re-sampled. This process was continued

until all grid locations met remedial action goals. 

 

As per the ROD and the CD, areas where 2,3,7,8-TCDD equivalent concentrations were greater

than or equal to 10 ppb were excavated and the material was transported to Vertac for

incineration. In several areas, this involved excavation deeper than the one foot projected from

previous investigations. A total of 200 cubic yards of waste material was removed. Final

confirmatory sampling showed that removal of this quantity of material was sufficient to meet

remedial action goals. The complete results of the confirmatory sampling are given in the

Technical Assistance Report for the Rogers Road Municipal Landfill (E&E, 1995). The data

contained in this report demonstrate that cleanup levels specified in the ROD were achieved.

Groundwater monitoring at the site was conducted concurrently with the groundwater monitoring

of the Jacksonville Municipal Landfill Superfund site between 1994 and 1997. Five wells were

sampled annually (MWR-01, MWR-05, MWR-08, MWR-09, and MWR-10 - see Figure 1) and

submitted for analysis for dioxins, metals, volatiles, semivolatiles, and pesticides. None of the

compounds of concern listed in the ROD (Equivalents of 2,3,7,8-TCDD, chlorophenols,

herbicides, and pesticides) were observed during the four sampling events (ADEQ, 1999). 

During the ground water monitoring period of 1994 to 1997 many wells exhibited metal

concentrations. These metals are not contaminants of concern associated with the Superfund

portion of the site, and are possibly associated with the municipal waste portions of the landfill. 

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7.0 Assessment

Based on the site interviews, the site inspection, and the data review, it appears the remedy is

functioning as intended by the ROD. The assumptions used at the time of the remedy selection

are still valid, and no additional information has been identified that would call into question the

protectiveness of the remedy. No erosion or standing water is evident at the site, onsite

groundwater use is currently restricted by the City of Jacksonville through control of site access

by fencing. 

No COCs had been detected in groundwater during groundwater monitoring events conducted

previously. Accordingly, there has been no groundwater monitoring since 1997, based upon the

recommendation of the ADEQ and EPA concurrence with this recommendation. Although, as

noted above in section 4.4, there was a delay in implementing the restrictive covenants primarily

due to the substantial legal questions concerning title to the property, those were cleared up in a

successful action to quiet title facilitated and assisted by the Jacksonville City Attorney’s office,

resulting in a court decree in the fall of 2003. This action provides the foundation for successful

implementation of restrictive covenants that will strictly control the use of groundwater and

prevent its use in connection with livestock, agriculture, gardens, and human consumption or

contact. A recent effort by the EPA attorney and the Jacksonville City Attorney is anticipated to

produce an appropriate grant of an easement and restrictive covenants that will meet the site’s

requirements. This instrument should be properly executed and recorded. Additionally, an

explanation of significant differences (ESD) should be published to reflect the cessation of long

term site groundwater monitoring. Once these actions have been accomplished, the EPA should 

initiate the site NPL Deletion process. The O&M process should continue and maintain the site to

be protective of the human health and the environment. 

8.0 Deficiencies

No deficiencies were noted.

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9.0 Recommendations and Follow-up Actions

An appropriate instrument granting restrictive covenants that prohibit use of groundwater for

human, livestock, and agricultural consumption or contact should be finalized and properly

executed and recorded in the site deed records. An ESD should be issued to reflect the early

attainment of groundwater cleanup goals and the consequent cessation of annual groundwater

monitoring. Upon proper recording of appropriate restrictive covenants and issuance of an ESD,

the process of deleting the site from the NPL should be initiated and completed. 

10.0 Protectiveness Statement

Once the restrictive covenants are properly recorded and an ESD has been issued, this site meets

all the site completion requirements as specified in OSWER Directive 9320.2-3C, Procedures for

Completion and Deletion of National Priorities List Sites and Update. Specifically, confirmatory

sampling verified that the site has achieved the ROD cleanup standards: all contaminated soil and

debris containing greater than 10 ppb equivalent 2,3,7,8-TCDD were excavated and all soil and

debris with 2,3,7,8-TCDD concentrations >1.0 and #10 ppb, or with a Cumulative HI >.7 for

2,4,5-T; 2,4,5 TP and dieldrin were either excavated or covered with one foot of clean soil. In

addition, no soil was left onsite with a dieldrin concentration above 37 ppb, and the site was

backfilled with clean soil. Ground water monitoring conducted after the remedial action was

completed provides further assurance that implementation of the remedy eliminated the source of

contamination at the site. The soil cover has been maintained since completion of the remedial

action. 

Because the remedial actions at the Rogers Road Municipal Landfill site are protective, the

remedy for the site is protective of human health and the environment. 

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11.0 Next Review

Since the second five year review was completed during September 2005, the next five-year

review should be completed in or before September 2010. This review should include a site

inspection and review of O&M procedures.

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Table 1

Chronology of Site Events

Date Event

May 10, 1983 Site was identified to EPA by citizen complaint 

July 22, 1987 Site added to the NPL list with a score of 29.64

November 1988- March 1990 Remedial Investigation and Risk Assessment conducted

June 30, 1990 Remedial Investigation/Feasibility Study report completed

September 27, 1990 Record of Decision signed

August 1994 - September 1995 Remedial Action activities conducted, start of review period

November 1994 First annual groundwater monitoring event conducted.

November 1995 Second annual groundwater monitoring event conducted.

November 1996 Third annual groundwater monitoring event conducted.

November 1997 Fourth annual groundwater monitoring event conducted; cessation of groundwater

monitoring recommended due to lack of detections of site-related constituents.

September 2000 First Five Year Review Report Completed.

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Attachment 1

References

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Attachment 1

References

Arkansas Department of Environmental Quality (ADEQ), 1999. Letter Report from Mr. Mike

Bates/ADEQ to Mr. Bill Honker/U.S. EPA Region 6 regarding Jacksonville Landfill and

Rogers Road Landfill Superfund Sites, Jacksonville, Arkansas. Summary of 4th annual

groundwater sampling event, November 17-19, 1997, and statistical evaluation of Events 1

through 4. April 12, 1999.

Arkansas Department of Environmental Quality (ADEQ), 1999a. Letter from Randall Mathis,

Director, to Myron Knudson, Director Superfund Division, EPA, regarding “Jacksonville and

Rogers Road Landfills”. Provides ADEQ concurrence of deletion of the referenced sites from

the NPL. June 21, 1999. 

Arkansas Department of Pollution Control and Ecology (ADPC&E), 1995. Letter Report from

Mr. Devon Hobby/ADPC&E to Ms. Kathleen Aisling/U.S. EPA Region 6 regarding

Jacksonville Landfill and Rogers Road Landfill Superfund Sites, Jacksonville, Arkansas. 

Summary of first annual groundwater sampling event, November-December 1994. March 28,

1995.

City of Jacksonville, 2000. Letter from Robert Bamburg, City Attorney, City of Jacksonville, to

James L. Turner, Senior Attorney, EPA, regarding “United States v. City of Jacksonville,

United States Federal Court No. LR-C-94-196.” Response to EPA’s April 25, 2000, request

for update regarding City of Jacksonville’s progress toward establishing restrictive covenants

at the Rogers Road property in support of the site’s deletion from the NPL. May 3, 2000. 

City of Jacksonville, 1994. Remedial Action Work Plan for the Rogers Road Municipal Landfill

Superfund Site. September 1994. 

Ecology and Environment (E&E), 1995. Technical Assistance Report (includes Remedial Action

Sampling and Analysis Plan, Quality Assurance Project Plan, Health and Safety Plan, and

Remedial Action Closeout Report). January 1995.

U. S. Environmental Protection Agency (EPA), 1990. Record of Decision: Rogers Road

Municipal Landfill, AR. ROD/R06-90/063. Final, September 1990. 

U.S. Environmental Protection Agency (EPA), 1991. Structure and Components of Five-Year

Reviews. Office of Solid Waste and Emergency Response (OSWER) Directive 9355.7-02. 

May 23, 1991. 

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U.S. Environmental Protection Agency (EPA), 1991. Factsheet: Structure and Components of

Five-Year Reviews. OSWER Directive 9355.7-02FS1. August 1991.

U.S. Environmental Protection Agency (EPA), 1994. Supplemental Five-Year Review

Guidance. OSWER Directive 9355.7-02A. July 26, 1994.

U.S. Environmental Protection Agency (EPA), 1995. Second Supplemental Five-Year Review

Guidance. OSWER Directive 9355.7-03A. December 21, 1995. 

U.S. Environmental Protection Agency (EPA), 1996. Rogers Road Municipal Landfill

Superfund Site Closeout Report. April 30, 1996.

U. S. Environmental Protection Agency (EPA), 1999. Comprehensive Five-Year Review

Guidance. EPA540R-98-050. OSWER Directive 9355.7-03B-P. Draft, October 1999.

U. S. Environmental Protection Agency (EPA), 1999a. Letter from James L. Turner, Assistant

Regional Counsel, EPA, to Robert Bamburg, City of Jacksonville Attorney, regarding

“Jacksonville Municipal Landfill and Rogers Road Landfill Superfund Sites”. Requests the

City of Jacksonville establish deed restrictions as a component of the sites’ deletion from the

NPL. August 18, 1999. 

U. S. Environmental Protection Agency (EPA), 2000. Letter from James L. Turner, Senior

Attorney, EPA, to Robert Bamburg, Attorney, City of Jacksonville, regarding “Rogers Road

Landfill Superfund NPL Site”. Summarizes telephone conversation regarding status of City’s

efforts toward establishing restrictive covenants at Rogers Road property in support of the

site’s deletion from the NPL. February 15, 2000. 

U. S. Environmental Protection Agency (EPA), 2000a. Letter from James L. Turner, Senior

Attorney, EPA, to Robert Bamburg, Attorney, City of Jacksonville, regarding “Rogers Road

Landfill Superfund NPL Site”. Requests update regarding City of Jacksonville’s progress

toward establishing restrictive covenants at the Rogers Road property in support of the site’s

deletion from the NPL. April 25, 2000. 

U. S. Environmental Protection Agency (EPA), 2002. Letter from James L. Turner, Senior

Attorney, EPA, to Robert Bamburg, Attorney, City of Jacksonville, regarding “Rogers Road

Landfill Superfund NPL Site”. Follow-up correspondence concerning the actions of the City

of Jacksonville to quiet title on the Rogers Road property in pursuit of establishing restrictive

covenants at the site in support of EPA efforts to delete it from the NPL. July 29, 2002.

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U. S. Environmental Protection Agency (EPA), 2005. Letter from James L. Turner, Senior

Attorney, EPA, to Robert Bamburg, Attorney, City of Jacksonville, regarding “Rogers Road

Landfill Superfund NPL Site”. Confirms telephone and electronic mail discussions of a draft

document that would grant an easement and restrictive covenants to the City of Jacksonville,

enforceable by the EPA as a third party beneficiary. September 26, 2005. 

Peer Consultants, P. C., and Resource Applications, Inc., 1990a. Remedial Investigation Report

for Rogers Road Landfill Site, Jacksonville, Arkansas. June 1990. 

Peer Consultants, P. C., and Resource Applications, Inc., 1990b. Feasibility Study Report for

Rogers Road Landfill Site, Jacksonville, Arkansas. June 1990.

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Attachment 2

Interview Record Forms

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Five-Year Review Interview Record 

Rogers Road/Jacksonville Landfill

Pulaski/Lonoke Counties, Arkansas

Interviewee: Brian Wakelyn

Arkansas Department of Environmental Quality

Phone: (501) 682-0845

Site Name EPA ID No. Date of

Interview

Interview

Method

Rogers Road Municipal Landfill EPA ID# ARD981055809 9/9/2005 In person

Jacksonville Municipal Landfill EPA ID# ARD980809941 9/9/2005 In person

Interview

Conducted by

Organization Phone Email Address

Shawn Ghose EPA Region 6 (214)

665-6782

ghose.shawn@epa.gov 1445 Ross Avenue, Suite 1200

MailCode: 6SF-AP

Dallas, Texas 75202-2733

Interview Questions and Responses

5. What is your overall impression of the work conducted at each site since the first five-year review

was completed in September 2000? 

Response: The two sites look well maintained. Fences are in place

6. From your perspective, what effect have the ongoing presence of the sites had on the surrounding

community? Are you aware of any ongoing community concerns or positive experiences?

Response: The City has not mentioned any community concerns

7. Are you aware of any events, incidents, or activities that have occurred at either site, such as

dumping, vandalism, trespassing, or anything that required emergency response from local

authorities or a response from your office, since the completion of the first five-year review in

September 2000? If so, please give details.

Response: No

8. Have there been routine communications or activities (site visits, inspections, reporting activities,

etc.) conducted by your office regarding either site since the completion of the first five-year review

in September 2000 (including annual site inspections)? If so, please describe purpose and results. 

 

Response: No

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9. Have there been any significant changes in the site status or maintenance requirements since

completion of the first five-year review in September 2000? If so, do they affect the protectiveness

or effectiveness of the remedy? Please describe changes and impacts.

Response: No

10. What are the approximate annual O&M costs for each site incurred by ADEQ? Have there been

unexpected O&M difficulties or costs at either site since the start of O&M, or opportunities to

optimize the O&M activities at the site since completion of the first five-year review in 2000?

Response: Only indirect costs, meeting and discussions with EPA ( This question is not relevant to the

2nd Five Year Review)

11. Has ground water use beyond the perimeter-fenced area of either site changed since completion of

the first five-year review? Is the groundwater use restriction (onsite) by institutional control verified

as part of each site’s annual inspection?

Response: No. The ICS are being worked by EPA and City for a deed of Easement and Restrictive 

Covenants to prohibit using ground water near the site. Ground water is not being sampled

12. The first five-year review recommended that ground water monitoring continue for the Rogers Road

site until the restrictive covenants could be put in place. Please describe the status of ground water

monitoring conducted since completion of the first five-year review. 

Response: Has not been done, but recent communication between EPA and City of Jacksonville 

may facilitate Deletion.

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Five-Year Review Interview with Mayor Tommy Swaim

Rogers Road/Jacksonville Landfill

Pulaski/Lonoke Counties, Arkansas

Site Name EPA ID No. Date of Site Inspection

Rogers Road Municipal Landfill EPA ID# ARD981055809 September 9, 2005

Jacksonville Municipal Landfill EPA ID# ARD980809941 September 9, 2005

Interview

Conductor

Organization Phone Email Address

Shawn Ghose EPA Region 6 (214)

665-6782

ghose.shawn@epa.gov 1445 Ross Avenue, Suite 1200

MailCode: 6SF-AP

Dallas, Texas 75202-2733

Meeting with the Mayor of Jacksonville

The EPA RPM for the two sites Shawn Ghose M.S., P.E. inspected the Jacksonville Municipal

Landfill and Rogers Road Landfill Superfund sites accompanied by John Hepola the Branch

Chief and Gus Chavarria the Section Chief of EPA’s Arkansas Program Branch. EPA personnel

were shown around the two sites by Jay Whisker P.E. the City Engineer of Jacksonville and his

staff who provide the regular maintenance of the site. 

After the site inspection, the RPM and the EPA Section Chief for the Arkansas Program

Branch attended a meeting with Mayor Tommy Swaim at the Mayor’s office in Jacksonville. 

The Mayor indicated his general satisfaction with the progress of O&M at the two landfill sites

and his desire to be of assistance to the EPA. The RPM conveyed to the Mayor, the EPA’s

general satisfaction with the way the O&M for the two sites are being carried out by the City of

Jacksonville. However, the RPM impressed upon the Mayor the need to hasten the imposition

of the restrictive covenants that would control groundwater use at the Rogers Road site. The

RPM also expressed satisfaction that in late August 2005, the Mayor had urged the City

Attorney to work with the EPA in completing the legal instruments that would grant restrictive

covenants to the City to prohibit ground water use on the Rogers road property. Mayor Swaim

promised to continue to work with the City Attorney consistent with their respective elective

positions to accomplish the finalization and implementation of the restrictive covenants. 

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Attachment 3

Site Inspection Record with Photographs 

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Five-Year Review Site Inspection Record

Rogers Road/Jacksonville Landfill

Pulaski/Lonoke Counties, Arkansas

Site Name EPA ID No. Date of Site Inspection

Rogers Road Municipal Landfill EPA ID# ARD981055809 September 9, 2005

Jacksonville Municipal Landfill EPA ID# ARD980809941 September 9, 2005

Site

Inspection

Team

Organization Phone Email Address

Shawn Ghose EPA Region 6 (214)

665-6782

ghose.shawn@epa.gov 1445 Ross Avenue, Suite 1200

MailCode: 6SF-AP

Dallas, Texas 75202-2733

Site Inspection Description

The EPA RPM for the two sites Shawn Ghose M.S., P.E. inspected the Jacksonville Municipal Landfill

and Rogers Road Landfill Superfund sites accompanied by John Hepola the Branch Chief and Gus

Chavarria the Section Chief of EPA’s Arkansas Program Branch. EPA personnel were shown around

the two sites by Jay Whisker P.E. the City Engineer of Jacksonville and his staff who provide the regular

maintenance of the site. 

Both the sites looked well maintained. The caps seem to be in good order without any major cracks. The

vegetation on the cap seem to have been mowed recently with about 4-6 inch growth. No noticeable

erosion was seen on the caps. The fences around the cap looked secure with entry into the cap controlled

through locked gates. A 20 foot section of the fence reported by Jay Whisker to be broken, was fixed on

the day of the inspection.

A tree farm at the Jacksonville Landfill site showed good growth of planted trees. No trees have been

transplanted since the last five year review in September 2000. The monitor wells made of stainless steel

cover seemed in good condition and they were locked. In short the requirements of the O&M of 1]

Maintenance of the cap and the fence 2] Control of the growth of vegetation on the cap 3] Maintenance

of the monitor wells were satisfied. Records of the maintenance are noted in the City of Jacksonville

report to EPA.

002285
ROGERS ROAD MUNICIPAL LANDFILL 

SECOND FIVE-YEAR REVIEW REPORT

RR_5YR_000929.WPD PAGE 40 OF 46 SEPTEMBER 2005

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002286
September 20, 2005 

Mr. Shawn Ghose 

Environmental Protection Agency 

Re: Jacksonville and Rogers Rd. Landfill 

Dear Mr. Ghose, 

The purpose of this letter is to convey the actions of the City of Jacksonville’s actions at 

Rogers Rd landfill and Jacksonville landfill. The last logged inspection was April 14, 2003. Myself and 

Murice Green inspected the site for fencing and maintenance of the area. As I recall there were not 

any problems that we could find. 

I logged my next visits on August 31, 2005 and on September 1, 2005. The cable across the 

access to Rogers Rd landfill was down. The gates leading into the landfill itself were still in tact. The 

monitoring wells that were visited were all still locked. The vegetation around the perimeter was still 

thick. The fencing was missing in one small area (approximately 20’). Steps are currently under way to 

mend the gap in the fence. 

At the Jacksonville landfill the gates and fencing were still in tact. The vegetation around the 

site was thick. All monitoring wells were in tact with locks attached. The grass in the area was being 

mowed at the site. No problems were seen in the area. 

In conclusion, although I have only logged a visit every other year, employees from 

Jacksonville monitor the sites by driving by on a consist basis, and mowing and maintenance are 

handled every year. The attached pictures show the site in good shape with locked monitoring wells. 

The only noted problem (the 20’ gap in the fence) had vegetation growing so thick that a person could 

not enter the area. 

If you should have any further questions please contact me at (501)-982-6071. 

Sincerely, 

James Whisker 

City Engineer 

City of Jacksonville 

City of Jacksonville 1 Municipal Dr 

Jacksonville, AR 72076 

002287
ROGERS ROAD MUNICIPAL LANDFILL 

SECOND FIVE-YEAR REVIEW REPORT

RR_5YR_000929.WPD PAGE 42 OF 46 SEPTEMBER 2005

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002288
ROGERS ROAD MUNICIPAL LANDFILL 

SECOND FIVE-YEAR REVIEW REPORT

RR_5YR_000929.WPD PAGE 43 OF 46 SEPTEMBER 2005

Photograph taken by the City of Jacksonville: “Rogers Road Landfill from entrance gate looking

South.”

002289
ROGERS ROAD MUNICIPAL LANDFILL 

SECOND FIVE-YEAR REVIEW REPORT

RR_5YR_000929.WPD PAGE 44 OF 46 SEPTEMBER 2005

Photograph taken by the City of Jacksonville: “Rogers Road Landfill from center of the South end

looking South.”

002290
ROGERS ROAD MUNICIPAL LANDFILL 

SECOND FIVE-YEAR REVIEW REPORT

RR_5YR_000929.WPD PAGE 45 OF 46 SEPTEMBER 2005

Photograph taken by the City of Jacksonville: “Rogers Road Landfill from South side looking

East.”

002291
ROGERS ROAD MUNICIPAL LANDFILL 

SECOND FIVE-YEAR REVIEW REPORT

RR_5YR_000929.WPD PAGE 46 OF 46 SEPTEMBER 2005

Photograph taken by the City of Jacksonville: “Rogers Road Landfill from South side looking

West.”

002292