City, Recycler Possibly Near End Of Clash

A dispute between the city of Longview, Tex., and a plastics recycling company could be resolved by the end of the week after an inspection by the city fire marshal, heading off a confrontation in court scheduled for April.

Southwest Plastic and Fiber Recycling Inc. burned down 16 months ago in a spectacular blaze on Minnie Jones Street near downtown Longview. City officials determined the company had never met city operating standards and sued, asking a judge to make Southwest Plastic conform with city fire codes.

On Jan. 14^th Fire Marshal Davis Whitehurst and Assistant City Attorney Terry Jackson are scheduled to inspect the company's new plant with owner John Thompson and the company's attorney, Michael L. Dunn.

The fire marshal said the inspection should determine whether Southwest Plastic is in compliance with the city's fire safety laws. If Southwest Plastic passes the inspection, Whitehurst said, the company could qualify for a certificate of occupancy from the city for limited operations. The company still would have some limits on its operations, Whitehurst said, because the facility does not have a sprinkler system.

Thompson said he has been in business in Longview for nine years and confirmed Southwest Plastic has never been certified by the city. The owner said he thought he had done everything needed for compliance before the fire, but the city never made a final inspection.

"We've tried to do everything they have asked us to do," Thompson said Monday. "We've built a road and a parking lot, we've cleaned the warehouse and, most importantly, we've done about $100,000 worth of work on fire hydrants. Overall, we've spent over $200,000 to be in compliance."

The Minnie Jones Street plant had not been licensed by the city when the Sept. 7, 2003, fire broke out. Davis said later the fire endangered lives of firefighters and cost the city about $200,000. Investigators were unable to determine what caused the fire.

The city sued Southwest Plastic after the company moved to Estes Parkway and continued operations without the required city licensing.

The lawsuit, filed in April, asks the court to halt operations until Southwest Plastic complies with city ordinances. The city also asks for $1,000 a day fine for failing to comply with the city's fire safety ordinance. The daily fine would begin accruing from April 15, 2004, the date Southwest first received notice of the violation, and end on the day the company is determined to meet city standards. A jury trial is scheduled April 11 one year after the lawsuit was filed.

Jackson said the city felt legal action against Southwest Plastic was appropriate.

"Generally, the procedure with a business that is already established, on a violation such as this ... is to follow the procedure in seeking an injunction," Jackson said.

Jackson said the city is hopeful that legal action with the threat of fine "would bring them into compliance expeditiously."

"Of course," Thompson responded, when asked if the lawsuit and $1,000-a-day fine prompted him to take the steps that would move his company to compliance. "I wanted to do what I had to do, jump off and spend the money."

For years, according to the fire marshal, the city had been asking Thompson to clear the plant's access road of debris and trucks that could block access to a fire, install adequate water lines or a sprinkler system and make the front gate accessible to emergency crews after business hours.

Whitehurst said the city wants Southwest Plastic to install a water line of at least eight inches wide for fire protection; build a fire access road to the plant at least 20 feet wide; install gate locks that would allow emergency access; and stack materials outside the building far enough apart so emergency vehicles can reach the buildings.

Southwest Plastic receives plastic from all over the United States and grinds it into cornflake-size pieces. The pieces then are sold to companies that produce such products as flower pots, trays used by plant nurseries and water meter bases.  Longview (Texas) News Journal