Tire Fire Settlement Passed

Residents of California city reaches agreement with energy firm over fire at tire recycling facility.

A $9 million settlement for some residents of Modesto, Calif., is now official, to compensate them for health problems and property damage reported as a result of the massive tire pile fire near Westley in 1999.

The settlement gained approval in Santa Clara County Superior Court in May; the agreement became final July 7th when a 60-day period for appeals expired.

Attorneys representing more than 10,000 residents negotiated the settlement with CMS Generation Co., one of several defendants in a class-action lawsuit filed after the blaze.

CMS Generation Co. is a subsidiary of Michigan-based CMS Energy Corp. and the former owner of Oxford Tire Recycling of Northern California, which dumped tires at the site. A spokesman for the corporation would not comment Tuesday.

Remaining defendants include Modesto Energy Limited Partnership, rancher Ed Filbin and a trust in his family's name.

Cole declined to discuss any further settlement negotiations. "We're preparing for trial," he said.

Lightning sparked the September 1999 fire, setting off flames in a pile of 6 million tires in a canyon west of Interstate 5. The blaze emitted tons of heavy smoke. The fire burned for 34 days, casting an ashy shadow over much of the valley. Modesto (California) Bee