Indiana DEM Files Restraining Order Against Tire Processor

The court action, filed in Tippecanoe Superior Court on Oct. 23^rd., on IDEM's behalf by the state of Indiana’s Attorney General Stephen Carter's office, addresses multiple violations of the law that threaten human health and the environment and repeated instances of failure to comply with the state's waste tire rule.

A court hearing is scheduled for Oct. 31. At that time the IDEM is seeking an injunction against the company.

"Waste tires are breeding grounds for the mosquitoes that may carry diseases, and should the tires catch on fire, the toxics produced can have terrible effects on the people exposed to it," said IDEM Commissioner Lori Kaplan. "Tire processing facilities can be a great environmental benefit because they offer the opportunity to safely process these waste products into reusable material, and they reduce the presence of illegal, unmanaged tire piles.

"But tire processors must also follow the rules designed to protect people and the environment. IDEM simply cannot allow these facilities to maintain what are, in essence, illegal tire piles," she added.

The move by the IDEM follows the recent fire at another tire processing facility, this one in Muncie, Ind. That fire resulted in a significant loss of property. Enforcement action against CR3, where the fire took place, is in progress. 

In addition to the immediate action with the temporary restraining order, the IDEM is asking for an injunction requiring Mobile Scrap Tire Processing to do the following:

remove and dispose of all waste tires and altered waste above the facility's permitted amount;

submit and follow a plan to properly dispose of 30 percent of the tires in 30 days, another 30 percent in 60 days and the remaining 40 percent within 90 days;

grant IDEM and its contractors authority to enter the site to conduct any removal or remedial action necessary;

reimburse IDEM for reasonable costs associated with such corrective action; and

pay civil penalties.