A truck carrying a trailer load of color television tubes overturned on IH-35 in a vehicle accident that caused the tubes to break, thereby making them a hazardous waste due to the lead content. Some of the tubes were sent to the TDS Landfill by first responders and state authorities, based on representations made by the trucking company, and occurred prior to first responders and TDSL personnel being notified by Penske that the broken tubes were hazardous waste. Upon notification, TDSL immediately stopped accepting the hazardous waste and isolated the working face of the landfill where some of the waste had been disposed with other garbage. Over the following days, weeks and months, TDSL made all necessary efforts to protect the public health, the environment, and the integrity of the landfill by insisting that state and federal laws regarding the management of such waste be followed. TDSL sought to maintain the integrity of the landfill and to keep its promise to neighbors to comply with the terms of its permit and the law. Otherwise, TDSL would have had to deed record its site as an unauthorized hazardous waste disposal site. TDSL’s approach in this matter is another example of TDSL’s resolve to pursue what we believe is right and to protect our neighbors and the reputation of our company. Although it took over ten years of persistence, all of the hazardous waste was removed from the landfill and was finally disposed in an authorized hazardous waste landfill.

The dispute between TDSL, Penske, Zenith, and the TCEQ over the Penske/Zenith Accident Debris was resolved to the mutual satisfaction of all parties as memorialized on November 20, 2007.

Downloadable Materials

  • History of Penske/Zenith Accident Debris
  • Sequence of Events
  • Agreed Final Judgment in the Travis County District Court case between TDSL, Penske, and TCEQ filed November 20, 2007
    • Exhibit A – TCEQ July 30, 2007
    • Exhibit B – May 13, 2004 Notice of Violation to Penske
    • Exhibit C – Joint letter to EPA by TDSL, Penske, Zenith, and Texas Campaign for the Environment
    • Exhibit D – Letter to EPA by TCEQ Chairman H.S.”Buddy” Garcia
  • One of the Hazardous Waste Manifests that directed shipment, treatment and disposal of the contents of each and every one of the 99 Roll-Off containers of waste, which contained the Penske/Zenith television tubes (CRTs) deposited at the TDSL landfill working face on October 9, 1997. Note: A portion of the load in some of the 99 Roll-Off containers was transferred to the other Roll-Off container, to reduce the weight for legal load shipments. Consequently, there was a total of 104 Roll-Off containers hauled to the hazardous waste landfill for treatment and disposal.
  • EPA Petition Information
  • Media News