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Citizen groups plan to file lawsuit regarding Exide plant
By Anthony Tosie, atosie@starlocalnews.com
Two citizens groups sent a notice of intent to Exide Technologies representatives, the Environmental Protection Agency and state environmental administrators on Monday, signifying the groups' plans to file a lawsuit against Exide and the environmental agencies.
The groups, Frisco Unleaded and Downwinders at Risk, cited contamination issues with the Exide lead-acid battery recycling plant in Frisco that they say have yet to result in fines or cleanup orders for the company from the EPA or the Texas Commission on Environmental Quality. In May, Exide and the city of Frisco announced plans to close the plant by the end of the year.
In a statement, Colette McCadden, secretary of Frisco Unleaded, said Exide hasn't been held accountable for the damage it's done to the environment in Frisco.
In the 17-page notice letter, the group states it's taking legal action to ensure previous violations are addressed as well as to prevent any future violations that may take place due to cleanup efforts. The notice letter also includes 182 pages of attachments that it says support its allegations. Included in the attachments are reports from both the EPA and the TCEQ
A notice of intent is required by federal law to be sent 90 days in advance of any citizen lawsuit over environmental laws before citizens can "stand in the shoes" of regulatory agencies to enforce those laws. The group plans to file a lawsuit regarding the Clean Water Act, Clean Air Act, and the Resource and Conservation Recovery Act.
Frisco Unleaded, an affiliate of the Downwinders at Risk network, was founded last August to combat Exide's toxic emissions.
The Exide Technologies plant has been recycling lead-acid batteries in Frisco since 1969. The company's recent agreement with the city of Frisco requires the plant to cease operations no later than Dec. 31. Dismantling of the plant is expected to be completed by July 2013, and cleanup efforts are expected to be complete by 2014.
The Frisco Enterprise has reached out to Exide and the city of Frisco and is awaiting comment. This article will be updated when responses are received.
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