Attorney General's News Release

December 20, 2004

Attorney General Nixon sues Kansas man for illegal tire dump in Clinton County; an estimated 60,000 tires dumped

Plattsburg, Mo. —Attorney General Jay Nixon filed suit Friday against a Wathena, Kan., man for allegedly dumping up to 60,000 tires on property he owns in Clinton County, Mo.

The Missouri Department of Natural Resources (DNR) first became aware of waste tires illegally stored on land owned by Robert Devling, of Wathena, when flood waters in 1993 washed tires into Smithville Lake. Attempts by DNR and the U.S. Army Corps of Engineers to work with Devling to get the tires removed have been unsuccessful.

"Waste tire dumps pose a risk to the health and safety of Missouri residents, and represent a significant threat to the environment," Nixon said. "The defendant in this case has had more than ample time to clean up this site. Now it's time to take this matter to court."

The suit alleges that Devling allowed several truck loads of waste tires to be dumped on the property in the 1980s, and that in 1993, 300 to 400 of those tires were washed into Smithville Lake. Since that time, DNR and Corps representatives contacted Devling at least 10 times regarding the need to clean up the site.

Nixon is asking the court to issue an injunction preventing future dumping on the site and to impose a penalty of up to $1,000 for each day waste tires have been stored on the property in violation of Missouri's Solid Waste Management Law. He also is asking that the court order Devling to grant DNR access to the property to clean up the site, and for Devling to reimburse the state for costs associated with the cleanup.

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