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State environmental agency fines firm $39,400

11:49 PM CDT on Wednesday, September 23, 2009

By Peggy Heinkel-Wolfe / Staff Writer

Weir Bros. Inc., a Dallas-based construction firm, has agreed to pay a $39,400 fine after state environmental investigators cited the company for dumping trash east of Krugerville.

The base fine for the original violation is $10,000, state documents show.

Officials with the Texas Commission on Environmental Quality assessed more fines because the dumping was considered major and the site, which is located on FM2931 south of McNatt Road and near Pecan Creek, has a history of environmental violations. Pecan Creek empties into Lewisville Lake.

Also, the company was not eligible for any good-faith discounts because the site remains out of compliance.

Company attorney Mark Herndon did not return a call for comment.

In investigating the violation in April 2008, state officials found that Weir Bros. trucked more than 83,000 cubic yards of brush, trees, sawdust, hay, manure and other rubbish to its sand pit and mulching site.

In 2005, another firm operating at the site, Orange Crush Recyclers, received a $16,720 fine from TCEQ, which accused it of operating its concrete-crushing equipment without an air permit. Orange Crush operated in Dallas in 2003 when city officials accused the company of breaking environmental laws and asked TCEQ to shut the business down. Orange Crush moved its equipment to the sand pit on FM2931.

State inspectors have found other violations at the sand pit and mulching facility several times in the past few years, state documents show. In 2004, Weir Bros. was cited for four instances of burning trash, including timber, plastic, metal and rubber. The company was cited again in 2005 and 2007 for trucking in trash and burning it.

The agreed order for Weir Bros., which TCEQ commissioners approved Wednesday, provides for a 35-month payment plan and provisions to bring the site into compliance, which state officials estimated would cost about $794,310.

PEGGY HEINKEL-WOLFE can be reached at 940-566-6881. Her e-mail address is pheinkel-wolfe@dentonrc.com.

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