Waste Tire Enforcement: Mississippi Commission on Environmental Quality and Meridian Property Owner Enter into Agreed Consent Order

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Mississippi Commission on Environmental Quality (“MCEQ”) and Mr. Graham C. Coats entered into a May 15th Agreed Consent Order (“ACO”) addressing the alleged abandonment of waste tires.

The ACO states that an investigation by the Mississippi Department of Environmental Quality (“MDEQ”) confirmed the abandonment of waste tires on two properties owned by Mr. Coats in Meridian, Mississippi.

The ACO states that one property has an estimated 40,000 waste tires on site while a second has an estimated 2,500 waste tires on site. MDEQ is stated to have received a request from Mr. Coats for assistance with removal of the waste tires stockpiled on-site.

The ACO provides that in order to fully remediate the sites and removes the waste tires, MCEQ and Mr. Coats agree to the following:

  • Mr. Coats agrees to permit the abatement of the unauthorized waste tire stockpiles located on the properties by allowing an MDEQ contractor to enter the premises and remove and transport the waste tires for proper disposal.
  • MDEQ agrees to have a selected waste tire abatement contract to remove, transport, and properly dispose of the waste tires as per the terms of the contract between MDEQ and the contractor and applicable laws and regulations of the State of Mississippi.
  • Mr. Coats confirms he is the lawful owner of the two properties and agrees to provide employees of MDEQ and selected waste tire abatement contractor with the necessary access to and use of the properties for the purpose of the removal of the abandoned waste tires.

Mr. Coats agrees to indemnify, save, and hold harmless the State of Mississippi, MCEQ, MDEQ and all of their employees, officers, and contractors from and against any and all claim, demand, cause of action, liability, loss, damage, injury, suit, judgment, debt, and cost including attorney fees and expenses arising out of, or incident to the abatement of the waste tire stockpiles.

A copy of the ACO can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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