ISRI CONVENTION: Tire Recycling on Trial

A court case making its way through state and federal courts could help designate scrap tires as recyclable rather than as waste, according to attorney Doug Maloney, who summarized the case for attendees of the Spotlight on Rubber session of the ISRI (Institute of Scrap Recycling Industries Inc.) Annual Convention, which took place in Las Vegas in late April.

The case has pitted the Pennsylvania Department of Environmental Protection (DEP) against a tire recycling firm known as Tire Jockey Services Inc., operated by Alfred Pignatero.

The DEP has cited Tire Jockey for several alleged infractions, including stockpiling of “waste” in the form of scrap tires. Tire Jockey has challenged many of the citations, and in doing so hired Maloney, from the law firm of Begley, Carlin & Mandio LLP.

Maloney told ISRI attendees that Pennsylvania had classified scrap tires as waste based on some 1990s incidents where stockpiles grew to unmanageable proportions, in one case igniting and “melting” part of an interstate highway in Philadelphia.

Part of the DEP’s contention has been that Tire Jockey did not seek or obtain necessary solid waste permits. But Maloney says he has found previous DEP memorandums and communication stating that tire recycling facilities do not need solid waste permits.

A final decision in the case could help resolve what Maloney and Tire Jockey Services see as inconsistencies between the handling of scrap tires and other recyclable commodities in Pennsylvania. Depending on how the case is resolved, tire recyclers in other states may then hope they have an important precedent for classifying scrap tires as recyclables rather than as waste.