- Petition for Withdrawal of Program Approval for Texas RCRA Hazardous Waste Program
November 14, 2005- Exhibit 1 – Report of Marianne Lamont Horinko, September 8, 2004
- Exhibit 2 – Letter to Mr. Chris Smith, TNRCC, from Marc E. Althen, Penske, re: Penske Logistics Spill IH-35, December 2, 1997
- Exhibit 3 – Summary of the Facts Associated with the Generation of Hazardous Waste by Penske and Zenith
- Exhibit 4 – Letter to Mr. Marc E. Althen, Penske, from Glenn Shankle, TCEQ, outlining action required by Penske, September 24, 2004
- Exhibit 5 – Letter to Ms. Pamela M. Giblin, Baker Botts, LLP, from Glenn Shankle, TCEQ, October 12, 2005
- Exhibit 6 – Letter to Mr. Brian Hard, Penske, from Glenn W. Shankle, TCEQ, re: Notice of Violation for the Spill Investigation at IH-35 South, near Exit 221, Buda, Hays County, Texas, May 13, 2004
- Exhibit 7 – Letter to Mr. Marc E. Althen, Penske, from John F. Steib, Jr., TCEQ, June 18, 2004
- Exhibit 8 – Letter to Mr. Marc E. Althen, Penske, from Wade M. Wheatley, TCEQ, re: Notice of Violation, Proposed Removal Plan dated May 13, 2004, June 30, 2004
- Exhibit 9 – An Interim Order Concerning Motions to Overturn, September 16, 2004
- Letter to Richard W. Lowerre & James B. Blackburn, Jr., Attorneys at Law, from Richard E. Greene, EPA, re: Petition for Withdrawal of Program Approval for Texas RCRA Hazardous Waste Program, Texas Disposal Systems Landfill, Inc., Docket No: W/Petition – TX/RCRA-06-2006-0001 December 1, 2005
- Letter to Mr. Troy Hill, Associate Director for RCRA, U.S. EPA Region 6, from Pamela M. Giblin, Baker Botts, LLP, re: TDSL’s Petition for Withdrawal of Program Approval for Texas RCRA Hazardous Waste Program; Docket No: W/Petition – TX/RCRA-06-2006-0001 December 16, 2005
- Letter to Mr. Carl Edlund, Director, P.E., EPA Region 6, from Glenn Shankle, Executive Director, TCEQ, re: Petition for Withdrawal of Texas’ Resource Conservation and Recovery Act Program, dated November 14, 2005, Docket No: W/Petition – TX/RCRA-06-2006-0001 December 16, 2005
- Attachment 1 – Lawsuits filed by TDSL and Penske Truck Leasing Co., L.P. (Penske) against the TCEQ
- Plaintiff Penske Truck Leasing Co., L.P., v. Defendant Texas Commission on Environmental Quality, Plaintiff’s Original Petition, Cause No. GN403433
- Plaintiff Penske Truck Leasing Co., L.P., v. Defendant Texas Commission on Environmental Quality, Plaintiff’s Original Petition, Cause No. GN403900
- Penske Truck Leasing Co., L.P., Plaintiff, v. Texas Commission on Environmental Quality, Cause No. GN403519
- Penske Truck Leasing Co., L.P., Plaintiff, v. Texas Commission on Environmental Quality, Defendant, Cause No. GN404119
- Texas Disposal Systems Landfill, Inc. and Texas Campaign for the Environment, Plaintiffs, v. Texas Commission on Environmental Quality, Defendant, Cause No. GN402245
- Texas Disposal Systems Landfill, Inc. and Texas Campaign for the Environment, Plaintiffs, v. Texas Commission on Environmental Quality, Defendant, Cause No. GN403551
- Texas Disposal Systems Landfill, Inc. and Texas Campaign for the Environment, Plaintiffs, v. Texas Commission on Environmental Quality, Defendant, Cause No. GN404231
- Attachment 2 – The Executive Director’s Original and Supplemental Responses to TDSL’s July 9, 2004 Motion to Overturn (MTO)
- Attachment 3 – EPA’s September 2, 2004 letter to the TCEQ concerning disposal of wastes under RCRA
- Attachment 4 – The Executive Director’s September 24, 2004 letter to Penske concerning the Commission’s September 16, 2004 Order
- Attachment 5 – The Executive Director’s October 19, 2004 letter of clarification to TDSL concerning the September 24, 2004 letter to Penske
- Attachment 6 – Transcript of Commission’s Consideration of TDSL’s October 18, 2004 MTO on December 1, 2004
- Attachment 7 – The Executive Director’s October 12, 2005 letter to Penske
- Attachment 8 – Federal rulemaking preambles relating to the Mixture Rule and Land Disposal Restriction (LDR) Dilution Prohibition (55 FR 22520, June 1, 1990;
- Attachment 9 – 62 FR 64636 at 64644, December 8, 1997; 63 FR 25886, May 26, 1998; and 66 FR 27266, May 16, 2001); and
- Attachment 10 – EPA Guidance Documents, FAXBACKs 11173, 12030, 13164 and 11140 relating to the Mixture Rule and LDR Dilution Prohibitio
- Attachment 1 – Lawsuits filed by TDSL and Penske Truck Leasing Co., L.P. (Penske) against the TCEQ
- Letter to Mr. David Gillespie, Associate Director for RCRA, US EPA, from Richard W. Lowerre & James B. Blackburn, Jr., Attorneys at Law, re: Petition for Withdrawal of Program Approval for Texas RCRA Hazardous Waste Program, Texas Disposal Systems Landfill, Inc., Docket No: w/Petition – TX/RCRA -06-2006-0001 December 17, 2005
- Attachment A – October 9, 1997 accident report, identifying the spilled material as hazardous waste.
- Attachment B – October 9, 1997 Buda Fire Department Spill Accident Report, wherein Penske notified emergency responders that the broken CRT tubes were hazardous waste.
- Attachment C – December 2, 1997 letter from Penske to TCEQ declaring the accident debris as hazardous waste.
- Attachment D – Hazardous Waste Manifest (signed March 23, 1998), identifying the broken cathode ray tubes as D008 hazardous waste and Penske as the generator.
- Attachment E – January 15, 2004 letter from TCEQ Staff, authorizing the storage of the commingled hazardous CRT waste with municipal solid waste and clay cover materials (“commingled CRT waste”) at TDSL in covered transport containers and advising that dilution of hazardous waste to make it non-hazardous is prohibited by federal regulations.
- Attachment F – May 13, 2004 Notice of Violation from TCEQ to Penske, advising Penske that it has caused the disposal of hazardous waste at an unauthorized facility, in violation of Texas regulations, and that it must remove the “commingled cathode ray tube contaminated solid waste that resulted from Penske’s action” from TDSL’s facility and dispose of it at an authorized facility.
- Attachment G – June 4, 2004 “Technical Evaluation of TCEQ Mixed Waste Characterization Program” prepared by Robert M. Zoch, Jr., P.E., criticizing TCEQ’s sampling of the commingled CRT waste and opining that between 6,712 and 10,261 pounds of the hazardous CRT waste material remain in the commingled CRT waste and between 791 and 1209 pounds of lead are in the commingled CRT waste.
- Attachment H – June 18, 2004 letter from TCEQ (Executive Director’s staff) approving Penske’s request to transfer and dispose of commingled CRT waste as special waste (non-hazardous) based on random sampling of the entire commingled CRT waste.
- Attachment I – June 30, 2004 letter from TCEQ (Executive Director’s staff) acknowledging that the CRT tubes were declared hazardous; that the hazardous waste was mixed with and diluted by other landfill waste; and that dilution of hazardous waste is prohibited. The letter nevertheless authorizes the disposal of the commingled CRT waste as special waste.
- Attachment J – July 28, 2004 letter from TCEQ (Executive Director’ staff) acknowledging that the CRT tubes were declared hazardous; that the hazardous waste was mixed with and diluted by other landfill waste; and that dilution of hazardous waste is prohibited. The letter nevertheless authorizes the disposal of the commingled CRT waste as special waste.
- Attachment K – Excerpts from Texas House Environmental Regulation Committee hearing transcript, September 8, 2004, during which Deputy Director of the TCEQ Office of Compliance and Enforcement John Steib testified that it is acceptable to dispose of the commingled CRT waste as a non-hazardous special waste.
- Attachment L – September 16, 2004 TCEQ order, granting TDSL’s Motion to Overturn the Executive Director’s June 18 and June 30 letter decisions that would have allowed Penske to manage the commingled CRT waste as non-hazardous special waste.
- Attachment M – September 24, 2004 letter from TCEQ Executive Director allowing Penske, as an alternative to properly disposing the commingled CRT waste as hazardous waste in a permitted hazardous waste facility, to remove the commingled CRT waste from TDSL’s facility and assess it at a separate facility to determine whether to treat all or any part of the commingled CRT waste as hazardous waste. In other words, Penske would have the option of characterizing the commingled CRT waste as non-hazardous and disposing of it as such. This letter also suggests that extraction of any hazardous waste will occur only if necessary—i.e., only if testing reveals the presence of some hazardous waste, which should then be extracted. But it does not state that the hazardous waste must be extracted before testing.
- Attachment N – October 12, 2004 letter from Penske to TDSL, interpreting the Executive Director’s response as authorizing Penske to test the commingled CRT waste so that it can “conclusively determine ‘that no D008 waste at the level that is characteristically hazardous remains.'” Penske states its belief that the testing will confirm that the “material is not hazardous.”
- Attachment O – October 17, 2004 letter from Penske to TDSL again interpreting the Executive Director’s 9/24/04 letter as allowing it to test the commingled CRT waste and then reclassify the commingled waste as non-hazardous: “Penske intends to remove the material…and then test and dispose of the material at another facility in accordance with the test results as requested by the Executive Director.”
- Attachment P – October 18, 2004 Motion to Overturn Portions of the Executive Director’s September 24, 2004 Decision, filed by TDSL. (Motion not acted on by the Commission)
- Attachment Q – October 19, 2004 letter from TCEQ Executive Director to TDSL explaining that he has authorized Penske to remove the commingled CRT waste from TDSL’s facility to assess and characterize it…
- Attachment R – October 20, 2004 letter from Penske to TDSL stating its intent to transport the commingled CRT waste to another facility, “where it will be tested and disposed of in accordance with the results of that testing and as described in Mr. Shankle’s [TCEQ Executive Director] letter.”
- Attachment S – October 20, 2004 Sampling and Analyses Plan prepared by Phil Bullock, P.G., in which he states that the objective of the plan is to provide representative waste samples and analytical testing to properly characterize the commingled CRT waste for disposal. The plan provides for random sampling of the commingled CRT waste rather than testing of the specific hazardous CRT waste that is within the commingled waste. Only if the analysis of a sample from a given bin of commingled CRT waste exceeds 5.0 mg/l TCLP lead will the entire amount of waste in that bin be classified for disposal as D008 hazardous waste. Otherwise, a bin of waste will be classified for disposal as D008 hazardous waste. Otherwise, a bin of waste will be classified for disposal as Class 1 or Class 2 non-hazardous waste under the plan.
- Attachment T – October 29, 2004 letter from Penske to TDSL stating its intent to transport the commingled CRT waste for “further testing, assessment, characterization, and disposal as requested by the Executive Director.” Attached to the letter is Penske’s proposed manifest, where Penske states that it “does not admit, … that the material is a hazardous waste or that it generated the material described in this manifest.”
- Attachment U – Excerpts from transcript of TCEQ’s Agenda Meeting, December 1, 2004, during which the Commissioners considered TDSL’s Motion to Overturn, but took no action. During the meeting, Chairman White offers a motion that would have resolved the matter. The motion failed for lack of a second. Commissioner Soward conceded that the “agency cannot resolve” the issue of the proper disposal of the commingled CRT waste, and “the only solution is going to be in the courts of this state.”
- Attachment V – Excerpts from transcript of Texas Senate Committee on Natural Resources hearing, February 1, 2005, during which Commissioner Soward conceded that the TCEQ has given up on the issue of the proper disposal of the commingled CRT waste.
- Attachment W – October 10, 2005 letter from Penske’s counsel to TCEQ Executive Director stating that Penske “did not generate, transport or dispose of the material in question, and that Penske has “done everything possible to address the Notice of Violation ‘NOV’) you issued,” by attempting to remove the waste at TDSL “in accordance with your [the Executive Director’s] letters dated May 13, September 24, and October 29, 2004.”
- Attachment X – October 12, 2005 letter from TCEQ Executive Director to Penske’s counsel, agreeing that “Penske has made appropriate attempts to address the NOV.”
- Other Documents Provided:
- July 22, 2004 TDSL Brief in Support of Motions to Overturn the June 18, 2004 and June 30, 2004 letters from the TCEQ Executive Director
- September 8, 2004 Report by Marianne Lamont Horinko, in which she provides her expert opinion as to the regulatory status of the commingled waste
- National Solid Waste Management Association’s Amicus Brief in support of TDSL’s Motions to Overturn the Executive Director’s decision
- Amicus Brief in support of TDSL’s Motion to Overturn the Executive Director’s decision, submitted by Clean Water Action, Sierra Club, Texas Campaign for the Environment, Texas Public Interest Research Group, and the Walnut Place Neighborhood Association
- TCEQ Office of Public Interest Counsel’s Response to TDSL’s Motion to Overturn the Executive Director’s decision
- TDSL’s Reply Brief to Executive Director’ s Response, Zenith Electronic’s Response, and Penske’s Response to TDSL’s Motion to Overturn
- Transcript of TCEQ Public Meeting on TDSL’s Motion to Overturn the Executive Director’s decision, held on September 16, 2004 (transcript prepared by TDSL)
- Transcript of Texas House Environmental Regulation Committee hearing, held on September 8, 2004 (transcript prepared by TDSL)
- Transcript of TCEQ Public Meeting on TDSL’s Motion to Overturn the Executive Director’s decision, held on December 1, 2004 (transcript prepared by TDSL)
- Transcript of Texas Senate Committee on Natural Resources hearing, held on February 1, 2005
- Letter to Mr. Carl Edlund, Director, P.E., U. S. EPA, Region 6, from Richard W. Lowerre and James B. Blackburn, Jr., re: Petition for Withdrawal of Program Approval for Texas RCRA Hazardous Waste Program, Texas Disposal Systems Landfill, Inc., Docket No: W/Petition TX/RCRA-06-2006-0001 January 24, 2006
- Determination as to Whether Cause Exists to Withdraw the Texas RCRA Program – Response to the Petition – signed by Richard E. Greene, Regional Administrator, EPA Region 6 May 16, 2006
- An Analysis of EPA’s Response to TDSL’s Request to Overfile Enforcement Action and to Encourage the TCEQ to Direct the Proper Disposal of D008 Waste Generated at a Truck Accident Scene on October 9, 1997 June 19, 2006
- IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, Texas Disposal Systems Landfill, Inc., Petitioner v. Richard E. Greene, in his capacity as Regional Administrator, U. S. Environmental Protection Agency; Stephen L. Johnson, in his capacity as Administrator, U. S. Environmental Protection Agency; and the U. S. Environmental Protection Agency, Respondents – PETITION FOR REVIEW. This case is currently in abatement pending the outcome in the D.C. Court of Appeals described below. August 2006
- IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, Texas Disposal Systems Landfill, Inc.; Texas Campaign for the Environment; and Clean Water Action, Petitioners v. Stephen L. Johnson, in his capacity as Administrator, U. S. Environmental Protection Agency; and the U. S. Environmental Protection Agency, Respondents – PETITION FOR REVIEW August 2006
- IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS – AUSTIN DIVISION, Texas Disposal Systems Landfill, Inc., Plaintiff, v. U. S. Environmental Protection Agency; Richard E. Greene, Regional Administrator; and Stephen L. Johnson, Administrator, Defendants – PLAINTIFF’S ORIGINAL COMPLAINT. This case is currently in abatement pending the outcome in the D.C. Court of Appeals described above. August 2006
- Letter to Richard Greene, Regional Administrator, EPA from Richard E. Lowerre, re: TDSL appeals filed in Western District of Texas, 5th Circuit Court of Appeals and the District of Columbia Court of Appeals August 25, 2006
- IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, Texas Disposal Systems Landfill, Inc.; Texas Campaign for the Environment; and Clean Water Action, Petitioners And Silicon Valley Toxics Coalition, Intervenor-Petitioner v. Stephen L. Johnson, in his capacity as Administrator, U. S. Environmental Protection Agency; and the U. S. Environmental Protection Agency, Respondents – MOTION TO INTERVENE September 8, 2006
- IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, Texas Disposal Systems Landfill, Inc.; Texas Campaign for the Environment; and Clean Water Action, Petitioners, v. Stephen L. Johnson, in his capacity as Administrator, U. S. Environmental Protection Agency; and the U. S. Environmental Protection Agency, Respondents – RESPONDENTS’ OPPOSITION TO SILICON VALLEY TOXICS COALITION’S MOTION TO INTERVENE September 20, 2006
- IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, Texas Disposal Systems Landfill, Inc.; Texas Campaign for the Environment; and Clean Water Action, Petitioners, v. Stephen L. Johnson, in his capacity as Administrator, U. S. Environmental Protection Agency; and the U. S. Environmental Protection Agency, Respondents. – RESPONDENT’S MOTION TO DISMISS PETITION FOR REVIEW, C.A. NO. 06-1297 April 30, 2007
- IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, Texas Disposal Systems Landfill, Inc.; Texas Campaign for the Environment; and Clean Water Action, Petitioners, v. Stephen L. Johnson, in his capacity as Administrator, U. S. Environmental Protection Agency; and the U. S. Environmental Protection Agency, Respondents. RESPONDENT’S REPLY IN FURTHER SUPPORT OF ITS MOTION TO DISMISS PETITION FOR REVIEW, C.A. No. 06-1297 May 22, 2007
- Texas Disposal Systems Landfill, Inc., et al., Petitioners v. Environmental Protection Agency and Stephen L. Johnson, in his capacity as Administrator, U. S. Environmental Protection Agency, Respondents, U. S. Court of Appeals for the District of Columbia Circuit, Order for Motion to Dismiss Granted July 23, 2007
- Letter to The Honorable Richard Greene, Regional Administrator, U. S. Environmental Protection Agency, Region 6, from Buddy Garcia, Chairman, Texas Commission on Environmental Quality, re: request to withdraw, revise, or supplement its May 16, 2006 “Determination as to Whether Cause Exists to Withdraw the Texas RCRA Program.” January 14, 2008
- Letter to The Honorable Richard Greene, Regional Administrator, EPA Region 6, from Commissioner Larry R. Soward, Texas Commission on Environmental Quality, re: withdrawal of the “Determination as to Whether Cause Exists to Withdraw the Texas RCRA Program” January 22, 2008
- Letter to The Honorable Richard Greene, Regional Administrator, EPA,Region 6, from Robin Schneider, Executive Director, Texas Campaign for the Environment, re: Commissioner Soward’s Letter, dated January 22, 2008 February 20, 2008
- Texas Disposal Systems Landfill, Inc., Plaintiff, v. U. S. Environmental Protection Agency; Richard E. Greene, Regional Administrator; and Stephen L. Johnson, Administrator, Defendants. PLAINTIFF’S ORIGINAL COMPLAINT June 30, 2008
- Texas Disposal Systems Landfill, Inc., Plaintiff v. U. S. Environmental Protection Agency, Richard E. Greene, Regional Administrator, and Stephen L. Johnson, Administrator, Defendants. ORDER. Plaintiff filed with this Court a Motion for Leave to File an Amended Complaint, requesting the Court to permit Plaintiff to amend its original complaint. July 2, 2008
Additional Supporting Information:
- Letter from Chris Smith (TCEQ) to Mark Althen (Penske) November 5, 1997
- Senate Nominations Committee Transcript Excerpt: Larry Soward Testimony May 4, 2004
- Letter from Glenn Shankle (TCEQ) to Bob Gregory (TDSL) May 13, 2004
- TCEQ letter to TDS re: Zenith Cathode Ray Tubes (CRT); Truck accident of October 9, 1997 and subsequent handling of CRT waste accident debris at the accident scene and at the TDSL landfill; TCEQ Permit No. 2123; Travis County {Exhibit G} May 25, 2004
- Technical Evaluation of the TCEQ Mixed Waste Characterization Program conducted at TDSL, Robert M. Zoch {Exhibit C} September 8, 2004
- Letter to Glenn Shankle, TCEQ, from Bob Gregory, TDSL, re: September 24, 2004 Executive Director Order to Penske Truck Leasing Co., L.P. (Penske) October 15, 2004
- Transcript of the Texas Senate Committee on Natural Resources Hearing held on Tuesday, February 1, 2005 re: Status of material in the TDS Landfill resulting from an October 9, 1997, trucking accident involving Zenith electronic components (TV picture tubes)
- Action Plan proposed by TDSL for TCEQ to Properly Implement State and Federal Regulations and Resolve the Problems Associated with the Penske and Zenith Mismanagement of D008 CRT Waste Generated October 9, 1997 February 11, 2005
- Conference Committee Report on House Bill 2120 Adopted, 79th Legislature – Regular Session, 82nd Day May 28, 2005 (File Date)
- The 79th Legislative Senate Session [Excerpt] Transcribed from the Senate Media Service Video, House Bill 2120 Senate Session, Part II @ 5:47:30 May 29, 2005
- House Bill 2120 – Enrolled Version – Bill Text
- Letter to Mr. Michael Ahn, President & CEO, LG Electronics, from Ted Smith and Robin Schneider, Chair & Vice-Chair, respectively, re: Electronic Waste January 5, 2007
- TDSL/TCEQ/Penske/Zenith Background Information July 5, 2007
- Texas Disposal Systems Landfill, Inc.’s Petition to Review the Executive Director’s Action and Order Proper Disposal of Hazardous Waste filed with the TCEQ June 21, 2007
- OPIC’s Response to Texas Disposal Systems Landfill, Inc.’s Petition to Review the Executive Director’s Action and Order Proper Disposal of Hazardous Waste, TCEQ Docket No. 2007-1019-IHW July 11, 2007
- Texas Campaign for the Environment’s Amicus Brief in Response to TDSL’s Petition to Review the Executive Director’s Action and Order Proper Disposal of Hazardous Waste, TCEQ Docket No. 2007-1019-IHW July 11, 2007
- National Solid Wastes Management Association’s Amicus Brief in Support of Texas Disposal Systems Landfill, Inc.’s Petition to Review the Executive Director’s Action and Order Proper Disposal of Hazardous Waste, TCEQ Docket No. 2007-1019-IHW July 18, 2007
- City of Creedmoor Resolution, “…supports the removal of the hazardous electronic waste from the TDSL landfill site…” July 19, 2007
- Travis County Commissioner’s Court Resolution, “…supports the removal of any hazardous electronic waste from the TDSL landfill site…” July 24, 2007
- Texas Commission on Environmental Quality Agenda Meeting transcript July 25, 2007
- Texas Commission on Environmental Quality, AN ORDER, Concerning the Petition of Texas Disposal Systems Landfill, Inc., TCEQ Docket No. 2007-1019-IHW July 30, 2007
- TDS/TCEQ/Zenith/Penske Hazardous Waste Issue: Background Chronology August 7, 2007
- Texas Disposal Systems Landfill, Inc. and Texas Campaign for the Environment v. Texas Commission on Environmental Quality (No. D-1-GN-04-02245) and Penske Truck Leasing Co., L.P. v Texas Commission on Environmental Quality (No. D-1-GN-07-002750) and Penske Truck Leasing Co., L.P. v Texas Commission on Environmental Quality (No. D-1-GN-07-003508) AGREED FINAL JUDGMENT November 20, 2007
- Letter to Richard E. Greene, Regional Administrator, EPA Region 6, from Texas Disposal Systems Landfill, Zenith Electronics Corp., Penske Truck Leasing Co., L.P. and Texas Campaign for the Environment requesting EPA withdraw, revise, or supplement the EPA Determination based on issue being resolved. November 29, 2007
- Texas Disposal Systems Landfill, Inc. v. Penske Truck Leasing Co., L.P., Penske Logistics, Inc., and Zenith Electronics Corp., in the District Court of Hays County, Texas, 207th Judicial District, Order of Dismissal with Prejudice November 29, 2007
- Texas Disposal Systems Landfill, Inc. (TDS/TDSL) vs. Penske/Zenith December 14, 2007
- Letter to Mr. Michael Duff, Senior Vice President and General Counsel, Penske Truck Leasing Co., L.P., from Glenn Shankle, Executive Director, Texas Commission on Environmental Quality, re: Withdrawal of May 13, 2004 Notice of Violation pursuant to Agreed Final Judgment by Penske Truck Leasing Co., L.P., Penske Logistics, L.L.C., Texas Disposal Systems Landfill, Inc. (TDSL), Texas Campaign for the Environment, and the Texas Commission on Environmental Quality in the following actions: Cause Nos. GN-04-02245, GN-07-002750 and GN-07-003508 December 21, 2007
Additional Pertinent Information: U.S. v Wasserson Note: Criminal liability for individuals and companies who knowingly allow the illegal transportation, handling and disposal of hazardous waste. This could apply to Penske and Zenith. It could have also applied to TDSL, if TDSL had released the commingled D008 waste to Penske, at the TCEQ’s Executive Director’s request, to dispose without treatment in a non-hazardous waste landfill.
- United States Department of Justice Environmental and Natural Resources Division Summary of Litigation Accomplishments; pages 3 & 4 Fiscal Year 2005
- Indictment U.S. v. Gary Wasserson February 13, 2003
- Briefs and Other Related Documents U.S. v. Gary Wasserson U.S. Court of Appeals, Third Circuit No. Crim. 04-1339 July 29, 2005
- U.S. Court of Appeals for the Third Circuit No. 04-1339 November 18, 2004 (Opinion filed July 29, 2005)
- Docket U.S. v. Gary Wasserson U.S. District Court, E.D. Pennsylvania Case no. 2:03-CR-00110 January 25, 2006
- United States Attorney’s Office News Release February 13, 2003
- “Cleaner accused of illegal dumping” The York Dispatch February 14, 2003
- “CEO charged in illegal dumping Hazardous materials from Sterling Supply allegedly were taken to Modern Landfill” York Daily Record February 15, 2003
- “’Cradle to Grave’ Includes Whole Journey” Business & Legal Reports November 08, 2005