Texas AG sues over tire storage

Bryan Cohen Nov. 28, 2011, 7:13am


SAN BENITO (Legal Newsline) - Texas Attorney General Greg Abbott announced a lawsuit on Friday against the operator of an unauthorized waste tire storage site over numerous alleged violations of the Texas Solid Waste Disposal Act.

According to the state's enforcement action, Bobby Ray Waldrep of Waldrep Salvage allegedly failed to comply with Texas environmental laws by allowing dangerous conditions to persist, which led to an early August fire that consumed approximately 22,000 scrap tires.

The Texas Solid Waste Disposal Act requires people who intend to operate facilities such as Waldrep's to obtain the necessary permits from the state. Abbott's legal action alleged that Waldrep failed to obtain mandated permits for outdoor burning and receipt of scrap tires, failed to maintain proper management of the site to prevent runoff and fire outbreaks and failed to remove collected tires that state never authorized.

The enforcement action was referred to Abbott's office by the Texas Commission on Environmental Quality

Abbott's legal action seeks civil penalties of up to $25,000 for each day the facility operated in violation of state environmental laws, in addition to reasonable attorneys' fees and costs. Abbott is also seeking court ordered injunctive relief to require the defendant to clean up the site until it is in compliance with state law.

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