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Climax tire dump defies court, DEC orders to close

Dec 18, 2022 12:45 am

Andrea Macko is reporting for Porcupine Soup the fate of an illegal tire dump on State Route 81 in Climax is in the hands of New York State Supreme Court Justice Richard Mott. In August, Mott ordered Green Tire Recycling to stop operating a tire dump business at 1113 and 1131 State Route 81. The dump, which is partially visible from the highway, contains thousands of tires. According to the New York State Department of Environmental Conservation, Green Tire does not have a permit to operate despite its ongoing operation of the dump since 2020. Property owners Corey Mergendahl and Sharon Lampman, and Green Tire Recycling owner Shane Foster have ignored orders from Mott and the DEC to shut down operations. More than three months later, tires are still piled up throughout the property. Coxsackie Town Attorney Tal Rappleyea filed a motion in October to hold the trio in contempt of court, and he said this week town officials are awaiting a further ruling by Mott. The judge ruled in favor of the town of Coxsackie in August, ordering Mergendahl, Lampman and Foster to "remove all tires from the premises… and in no event later than September 13, 2022.” That deadline came and went. Coxsackie Code Enforcement Officer Edward Pebler said in an October court filing, “The massive piles of tires dumped on the subject parcels continue to be a public health and safety risk. The tires continue to attract rodents and vermin and allow a breeding ground for mosquitos and other harmful insects. This continues to severely impact the surrounding community despite this court's order to stop.” Pebler also said a fire at the dump in August had potential to “destroy several nearby homes and greatly impact safe breathing for miles ..." A Commissioner’s Order was issued on August 23, which granted DEC’s motion for default judgment against all three respondents, found they violated various environmental regulations relative to an unauthorized waste tire operation ... and found the respondents jointly and severally liable for the lawful removal, transport, and disposal of all the waste tires at the properties.” Rappleyea said, “We are still waiting for the judge to issue an order.” Read more at porcupine soup [dot] com.

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