Settlement reached with Wis. tire disposal facility

Nick Rees Mar. 9, 2010, 2:56pm

Van Hollen

NIAGARA, Wis. (Legal Newsline) - A tire-processing facility has agreed to take corrective actions and pay a $35,000 fine to settle claims brought by Wisconsin Attorney General J.B. Van Hollen under state solid waste management laws.

American Tire & Recycling Corporation and Keary Ecklund, its operations manager, were alleged to have violated their Department of Natural Resources license and plan for the operation of a solid waste storage and processing facility by accumulating more waste tires than allowed under their plan of operation.

More than 33,600 waste tires were found to have accumulated at the facility, which continued to accept tires despite the excess accumulation and despite inadequate proof of financial responsibility.

Van Hollen alleges the tires were stored outside of the plan's approved area and too close to buildings and were not processed within four days or containerized, as required by the plan.

The defendants were also alleged to have violated nine conditions of their plan of operation approval, which was designed to ensure the safe handling of waste tires. The facility was also found to lack a storm water discharge permit.

The settlement states that the defendants have worked cooperatively and diligently to correct the violations identified in the complaint. They will begin to process the waste tires at the Niagara facility by March 25 under terms of the settlement and will return to a maximum accumulation of 33,600 waste tires by June 25.

Van Hollen recognized the efforts of the defendants to eliminate risks by following state law requirements in his announcement of the settlement

"The Department of Justice will continue to work with the DNR to ensure that Wisconsin's citizens are protected through compliance with the law," Van Hollen said.

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