| Back on October
21, 2005, James F. Glendening was convicted in the 15th District Court
in Sherman of dumping about 200,000 tires in a
field in northwest Grayson County, up near the Red River,
north of Dallas. He had been charged with violating the
provisions of the Texas Litter Abatement Act at the state
jail felony level (Health & Safety Code, Chapter 365).
He was sentenced to four years probation, to include
community service each weekend out at the tire dump,
removing tires, and a fine of $10,000. He was instructed
to wear a monitoring device to verify his whereabouts on
those weekends. As interested neighbors and technology
revealed, he failed to show on the first weekend, was
violated by the Grayson County Adult Probation Office, and
arrested in mid-November. His request to continue the
$2,500 appearance bond set at the time of his original
arrest four years previously, in November, 2001, was
denied, and an appeal bond of $50,000 was set by the
district judge. At the time of this writing, he remains in
the Grayson County Jail, waiting his appeal, unable or
unwilling to make bond. The tires are still out
there.
Glendening’s company, Touche’ International,
Inc., T.C.E.Q registration number 79557, remains
listed on the T.C.E.Q.'s web as a registered scrap tire
processor. So I guess that one can still do business with
them, assuming that having the owner in jail for illegal
tire dumping is not a problem. Touche’ International was
originally registered as a scrap tire hauler back in 1999.
Glendening had a simple plan:
(1) charge tire generators in the Dallas/Ft. Worth area to
haul tires, no doubt by waiving a hauling registration
letter from the T.N.R.C.C. under their noses; (2) haul the
tires to Grayson County (about 400 a day); (3) dump tires
in the field; (4) ignore neighbors’ howls; and, (5)
repeat steps (1) through (4) until stopped. And stopped he
was, by Grayson County Environmental Officer Jim White,
who executed arrest warrants on Glendening and his
driver in November 2001. Jim was kind enough to fetch Glendening from Burleson and transport him back to the
Grayson County Jail in handcuffs. Of interest is the fact
that the Texas Litter Abatement Act had been modified
effective September 1, 2001 to include commercial dumping
over 200 pounds as a state jail felony violation. Jim, the
Grayson County Health Department and others had been
working for two years, about from the time the dumping
first began, trying to get the Texas Natural Resource
Conservation Commission to step-in and stop Glendening
administratively. There was some eventual success in this,
for in August 2002, the commission found Touche’
International to be in violation of the Texas Solid Waste
Disposal Act (Health & Safety Code Chapter 361) and
various agency rules and set a default administrative
penalty of $11,600. This penalty against the company has
grown to $12,006 on the report to the T.C.E.Q
commissioners on February 10, 2006. I’m thinking that
the state shouldn’t plan on ever collecting this
particular money.
Of interest is that the company under which Glendening
operated is still being touted by the agency in some
recent reports. For instance, in the 2005 Progress
Report on Using Scrap Tires and Crumb Rubber in Texas
Highway Construction Projects, a periodic report
jointly made to the state legislature by the T.C.E.Q. and
Texas Department of Transportation, Touche’
International is listed (as it has been since 1999) in
APPENDIX A. STOCKPILE VOLUMES AT FORMERLY REGISTERED
FACILITIES, END OF CALENDAR YEAR 2004, as having carried
an inventory of 300,000 scrap tires in 2002, 2003, and
2004. Notice what happens when we don't link the two
entities -- Glendening and Touche' International --
administratively. Since the company wasn't also charged
with a crime, it's hard to see how the T.C.E.Q. can be
expected to have its records reflect reality.
Following his arrest, Glendening’s journey through
the legal system was slow, if unremarkable. The case was
actually filed in the 15th District Court in August, 2002;
he was arraigned the next month and docketed in September
2002. Then a series of about ten continuances were granted
between January 6, 2003 and when the Grayson County
prosecutor personally got after the case in August 2005.
There were some totally understandable delays. For
example, during all this the original felony attorney
assigned had to go serve over a year in Iraq with the Army
Reserve. There were other delays caused by the complexity
of the case and the specialized sort of prosecutor skills
required. The normal course of events was already flowing
to some sort of determination when the trial began in
late-September 2005. However, another factor in getting
this thing moving was, without doubt, the fine reporting
work of Paul Adrian at FOX 4 News in Dallas. Paul
responded to a call from neighbors of the tire dump in
summer 2005 with a great news story, complete with
dramatic shots from the FOX 4 helicopter. There were
clearly a lot of tires in Grayson County, with nothing
much being done about them. Paul caught up with Glendening
as he was leaving his offices and stuck a camera in his
face. The clincher was his response to Adrian's question,
"Do you have any parting words for the citizens of
Grayson County?" to which Glendening responded,
"Adios!" This has to be on any list of dumb
things to say to a jury pool by a criminal defendant, but
there it was. Things moved nicely after that as Grayson
County District Attorney Joe Brown took personal charge of
the case.
Pending his appeal, Glendening may eventually serve
some time in state jail and owe the state his $10,000. And
everybody up in Grayson County is a whole lot smarter
about the need to respond quickly when an organized tire
dumper sets up camp. But what about the tires? Today they
remain in the field in northwest Grayson County.
Mosquitoes continue to breed and make life miserable for
neighbors. The threat of their becoming fuel in a wildfire
this summer – or during a subsequent drought – is
real, and because of their remote location, fighting a
fire there would be a major undertaking, absolutely
requiring state resources. Moving the tires to a cement
plant for energy recovery would cost somewhere around $1 a
tire, for a removal fee of somewhere around $250,000
total. So what options does the county have in getting
these tires removed? These come to mind, but if you have
others, please let us know and we’ll pass your
suggestions along:
- Go through Touche’ International’s manifests and
discover the generators of the tires, seek
compensation from them and attempt to force removal if
they don’t cooperate (anybody seriously up to
fighting Wal-Mart and Target?);
- Aggressively request the T.C.E.Q. to remove the
tires under the argument that it was their regulation
process, not closely enough monitored, that resulted
in the 200,000 to 300,000 tires being in the field;
- Go after the owner of the field (Mr. Glendening
apparently defaulted on a note to the owner made back
in 1999 for $68,000 after paying around $15,000,
according to press reports) for operating an
unpermitted landfill;
- Get hustling on creating and funding a Supplemental
Environmental project; or,
- Pay for removal from the Grayson County general fund
or other taxpayer resources.
Anybody have any brighter ideas?
Please direct comments
and corrections concerning this article to John
Ockels. |