Indiana Agency Calls for Restraining Order Against Tire Recycler

The IDEM has requested the court to order CR3 to, among other actions, immediately dispose of all waste tires on and off site of the property, reimburse costs incurred from fighting the fire and pay fines.

The court action comes six days after piles of whole and processed waste tires illegally stored at the facility burned, possibly as a result of arson. The fire started Aug. 1 and continues to smolder. IDEM has not yet determined the amount of fines it will seek. CR3 faces maximum fines of up to $25,000 a day per violation.

"The legal action we are taking today is an effort to stabilize and secure the CR3 site for the safety of Muncie residents, which is a priority," Attorney General Carter said. "We are asking that the company not operate until certain safety measures are implemented."

At the time of the fire, IDEM was in the process of enforcing violations at CR3 for its continued storage and illegal dumping violations. Kaplan asked for court action rather than continuing with IDEM's administrative process based on CR3's pattern of non-compliance, the need to protect the integrity of the site for continued investigation, and a quicker response time than available through the administrative law process. IDEM continues to investigate allegations of additional violations related to CR3.

Specifically, IDEM has asked the court to order CR3 to:

Cease the storage, processing and disposal of any additional waste tires at the site;

Take all immediate, reasonable, diligent steps to dispose of all existing solid waste, waste tires and altered waste tires in the unburned area of the site at an IDEM approved facility within 10 days;

Submit documentation of proper disposal to IDEM within 15 days of the order;

Take immediate, reasonable steps to secure the site from public access;

Pay civil penalties in an amount to be determined at a future hearing;

Reimburse IDEM for costs incurred during the investigation and tire fire;

Maintain the remedial cover over the burned tires at the site;

Submit a plan for IDEM review, approval or modification and approval that addresses the investigation and delineation of subsurface contamination, including groundwater that has resulted from the tire fire within 15 days; and

Implement that plan when it is approved.