SAN ANTONIO – Seven years after the Texas Commission on Environmental quality cracked down on a tire disposal, more than 2 million tires remain piled high at 11150 Applewhite Road.
Water has collected among the tires due to recent heavy rains, creating an itchy problem for nearby neighbors.
"Lots and lots of mosquitoes," said Victoria Cruz. "It's jus bad."
"I want to have my family over here, but I just can't," said Frank Silva. "You can't have barbecues, you can't have a pool out here or nothing. You have to fight the mosquitoes all the time."
In September 2005, the TCEQ entered into an agreed judgment with Safe Tire Disposal Corporation and Safe Tire Disposal Corporation of Texas, operators of the dump site.
According to the TCEQ, the scrap tire registration for the site expired in 2000, among other violations.
Ultimately, a district court trial let to a pricey final judgement for Safe Tire and allowed the TCEQ "unlimited access to the facility" to remove the tires and scrap tires.
In 2008, the TCEQ hired Trident Environmental Resources Consulting, LLC, or TERC, to haul away the tires.
TERC founder Tim Sommers says his company removed 2.5 million tires from the site.
But it also added to the pile.
According to Sommers, he was granted permission to bring tires to the Applewhite location from other dump sites in San Antonio. The tires TERC collected elsewhere needed to be removed and the persons responsible for dumping them were going to be fined by the TCEQ, claims Sommers.
Sommers alleges TERC collected the tires at the request of a local TCEQ representative and that all of the outside tires brought to the Applewhite facility were processed and removed."
I got rid of everything," Sommers said. "I showed the TCEQ manifests that I moved a certain number of tires in because I told them I was going to do it and because I wanted to show them on paper. Because if you do it and don't show it, you're just as wrong."
Sommers never signed a contract with the TCEQ detailing the collection and processing of tires from outside sources at the Applewhite facility.
In 2012, the TCEQ did not renew its agreement with TERC and "initiated enforcement actions" against TERC for failing to "transport scrap tires... to an authorized scrap tire facility."
TERC now faces a $32,625 fine.
The TCEQ would not comment on the dispute between it and TERC since the matter remains pending.
A hearing is set for June 25 to address the issue.
Meanwhile, no tires have been removed from the former disposal site since 2012 -- a problem that's bugging neighbors in more ways than one.
"We want them gone," Silva said of the mosquitoes. "As quick as possible."