Attorney General's News Release

April 18, 1997

Nixon sues to have illegal waste tire dump cleaned up

Jefferson City, Mo. — Attorney General Jay Nixon has sued the operator of an unpermitted waste tire dump located in Raytown, asking for a court order to force him to pay for the removal of several thousand waste tires that Nixon said present a fire and health hazard.

Nixon filed the suit in Jackson County Circuit Court against Richard Wealand, who does business as Dick's Used Tires, Wheels and Hubcaps. The case was referred to the Attorney General's Office by the Missouri Department of Natural Resources last month.

Wealand has collected the waste tires at a site in a residential area located less than a mile from a public park. There are an estimated 30,000 to 60,000 waste tires at the site.

"This illegal tire dump presents many real and potential problems and needs to be cleaned up without delay," Nixon said. "Obviously it is an eyesore and a nuisance for those who live in the area. In addition, the water that collects in the waste tires provides ideal breeding grounds for mosquitoes. Finally, a fire at this dump could be disastrous, because the lack of adequate fire lanes would make it extremely difficult to bring in equipment to fight the fire."

The lawsuit asks the court to find that Wealand is responsible for creating the nuisance and authorize the Department of Natural Resources or its third party contractors to have access to the site and remove the tires at Wealand's expense. If the DNR does not conduct the cleanup, the lawsuit asks that Wealand be compelled to remove the tires.

Nixon also is asking the court to order Wealand to pay civil penalties under Missouri's Solid Waste Management Law of up to $1,000 per day for each day that waste tires have been illegally disposed of or stored on the property.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818