Counties, Indian community continue battle over tires
Story-Date: 10:47 a.m. PST Saturday , July 11, 1998

------------------------------------------------------------

Counties, Indian community continue battle over tires


By Michelle Rushlo
Associated Press Writer


PHOENIX (AP) -- A spectacular arson fire swept through giant mounds of
shredded tires on the Gila River Indian Reservation nearly a year ago,
leaving charred rubber heaps that are still smoldering.

The 3 million-odd tires aren't the only thing still heated after all this
time. The tribe and Maricopa County, which contracted with a company to
recycle the tires, continue to feud over who should clean up the
10-acre mess on the reservation abutting the Phoenix metropolitan area.

"Our position for two years has been the same. We're willing to work with
the Indian community to solve their problem," said Maricopa County
Supervisor Don Stapley. "But the community has not come to the conclusion
that they can't force us to solve their problem."

Maricopa County and a number of other counties it represented contracted
with a private firm four years ago to recycle tires under a
state-mandated program. However, the company Colinas Tire Recovery Inc.,
and its partner REPCO Waste Recovery failed to even build a recycling
plant and eventually filed for bankruptcy.

The tires were abandoned in a central Arizona area controlled by the
Blackwater Industrial Park, a tribally chartered corporation. The
industrial park originally agreed to store the tires for Colinas on what it
thought was a short-term basis.

Carole Jackson, a spokeswoman for the Gila River Indian Community, said the
community never wanted the tires stored on the reservation but did not have
a say in the six-month agreement the Blackwater Industrial Park made with
Colinas.

"It has always been a safety concern for the community. As everyone saw,
once a fire starts, it goes everywhere," she said.

Last August, about a third of 11,000 tons of tires burned for a week,
forcing the evacuation of 300 residents as black, toxic smoke billowed
skyward. The scorched tires are under piles of dirt and 24-hour guard, but
flare-ups continue. No arrests were ever made.

Talks between the tribe and Maricopa County have reached a stalemate in
recent months, so the federal Environmental Protection Agency
has decided to flex its muscle in the cleanup showdown.

It told the industrial park, Colinas, REPCO and Maricopa, Pinal, Coconino,
Yavapai, Yuma and Mohave counties to submit by July 31 a good faith offer
promising to participate in the cleanup, said David Schmidt, a spokesman
for the EPA's regional office in San Francisco.

If the companies and the six counties don't voluntarily agree to help with
the mess, they could be forced to pay for the cleanup and could face fines
by the EPA, Schmidt said.

Yuma County has already allotted $20,000 to help with the cleanup, said W.
Michael Smith, special deputy county attorney. Agreeing to participate is
cheaper than fighting the EPA, he said.

"We're not in a position to take on the world. Maybe Maricopa is," he said.

The EPA estimates moving the piles will cost $1 million to $1.3
million, and even though Maricopa County has offered to give the tribe
$230,000, Gila River says it isn't enough.

Maricopa County's offer to donate cash to the cleanup is an act of
generosity, not an admission of responsibility, Stapley insisted.

The supervisors believe their responsibility for the tires ended when they
paid Colinas, he said.

"We already paid for those tires to be taken care of. The real issue is
when will the Indian community be responsible for a business deal gone
bad?" he said.

But Schmidt of the EPA said all of those involved in the agreement are
going to have to take some responsibility, because the burnt tires qualify
as hazardous waste. The EPA is also concerned that the smoldering tires
might ignite the unburnt piles, threatening public health, he said.

"The principle is the polluter pays," Schmidt said. "If there are a lot of
polluters, they will all pay."



------------------------------------------------------------