PA DEP Issues Tire Removal Order To Tire Dealer

An administrative order requiring removal of more than 300,000 waste tires was issued by the Pennsylvania Department of Environmental Protection to Charles Broody, doing business as Broody’s Tires in Edwardsville Borough, Luzerne County, Northeast Regional Solid Manager William Tomayko announced.

The action was taken in consultation with the Luzerne County District Attorney’s Office, the Luzerne County Emergency Management Agency, and Edwardsville Borough Council and its police and fire departments.

“This order requires Broody Tire to immediately stop accepting more tires, to begin treating the tire piles for mosquito control, re-arrange the tire piles to reduce fire threats, and most importantly, begin removal of the approximately 300,000 waste tires on his property,” Tomayko said.

DEP issued an order in 1999 requiring Broody to stop accepting any waste tires and to begin removing 1,500 tires per month until all tires were removed. Broody did not appeal that order nor did he comply with the order.

DEP’s Northeast Regional Office conducted mosquito surveillance sampling between July and September 2001, and detected mosquitoes in the tire piles. This past April, Edwardsville Borough contacted DEP with concerns about the potential for fire and West Nile Virus. A meeting was held June 21 with borough officials and representatives of the District Attorney’s Office and EMA to finalize plans for the order and monitoring once the order is issued.

The order requires Broody to: immediately stop accepting waste tires; remove at least 5,000 tires within 30 days and continue to remove 5,000 tires each month; ensure that the property has been and continues to be inspected and treated if necessary to control mosquitoes; take measures to reduce potential for fire, including the installation of adequate fire lanes and isolation distances for the tire piles at the facility; provide DEP with contracts and/or agreements with the facilities that will accept the waste tires removed from the property; provide prior notification of removal so that department personnel can be present to verify tire removal; provide receipts verifying transport to an authorized waste tire storage or disposal facility; provide documentation and records for any tires that can be salvaged or recycled.

“We appreciate the assistance and support of the Luzerne County District Attorney’s Office and EMA as well as the Edwardsville Borough’s police and fire departments in our attempts to clean up this potentially dangerous situation,” Tomayko said.

The order is appealable to the Environmental Hearing Board within 30 days.