The state of Michigan’s Department of Attorney General and the Department of Environmental Quality have filed a civil lawsuit against Alternative Fuels LLC, a scrap tire processor in Barryton, Mich. The Attorney General’s office and the DEQ claim that the processing site is in violation of state scrap tire and solid waste management laws.
The complaint filed in 30th Circuit Court alleges that Alternative Fuels has violated Part 169, Scrap Tires, and Part 115, Solid Waste Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. “It is the DEQ’s duty to ensure that all scrap tire processors comply with the law,” DEQ Director Steven Chester said. “Numerous scrap tire processors operate in compliance with state law governing their operations. However, for those who do not meet their legal responsibilities, the DEQ will take necessary action to protect public health and the environment.”
Alternative Fuels stores car and truck scrap tires on its property and shreds them into chips. The chips are mainly used as fuel for utility companies. DEQ staff estimates there are over one million scrap tires stored on the property.
Alternative Fuels has violated requirements governing scrap tire operations including restrictions on the size of tire piles and minimum separation between piles to allow access for firefighting equipment.
Scrap tires, if not properly managed, can present a considerable fire hazard. Scrap tire fires frequently take days to put out and will produce a highly toxic oil that can be released into the environment. Scrap tires may also hold rainwater that allows mosquitoes to rapidly breed and spread, which can carry diseases such as the West Nile Virus and the Eastern Equine Encephalitis virus.
Scrap tire processors are required to register each year with the DEQ and post a bond in an amount sufficient to allow the DEQ to remove scrap tires to abate state law violations. The complaint also alleges that Alternative Fuels has not posted the required bond.
This lawsuit asks the court to order Alternative Fuels to comply with Michigan’s scrap tire law by removing scrap tires to reduce tire pile sizes, to secure the site from trespassers, and to provide the necessary bonding. The complaint also asks for the court to assess civil fines and to order Alternative Fuels to reimburse the state for the costs that the DEQ has incurred during its enforcement efforts.
In filing the lawsuit, Attorney General Mike Cox said, “Cars and trucks produce millions of scrap tires a year in this state, and it’s extremely important that these tires are properly stored and processed to minimize their potential threat to public health and the environment should they catch fire or become breeding grounds for mosquitoes. Most scrap tire processors follow the law while doing business. Those who ignore Michigan law will face sanctions for threatening the safety of Michigan's citizens and their environment."
The DEQ and DAG have already sued Alternative Fuels for maintaining two illegal scrap tire collection sites in Allegan County. The first lawsuit resulted in an order directing Alternative Fuels to remove all scrap tires from a site found in noncompliance with state law governing scrap tire collection sites. The second recently filed lawsuit seeks the same relief at a second scrap tire site. Together the two sites contain approximately five million scrap tires.