From: Nigel.Allen@bbs.oit.unc.edu (Nigel Allen)
Subject: Court Appoints Receiver to Take Over Frederick County "Tire Farm"
Organization: Extended Bulletin Board Service
Date: Thu, 1 Oct 1992 04:11:45 GMT

Here is a press release from the Attorney General of Virginia

 Court Appoints Receiver to Take Over Frederick County "Tire Farm"
 To: State Desk, Environment Writer
 Contact: David A. Parsons of the Office of the Attorney General,
          804-786-3518

   RICHMOND, Va., Sept. 29  -- Attorney General Mary Sue Terry 
today announced that the Frederick County Circuit Court
appointed a receiver to take over and manage the financial affairs
 of Paul and Alma Rhinehart, the owners and operators of a "tire farm"
 in Frederick County.
   The receiver will attempt to ensure that $360,467 is made
available for his use in implementing a court-ordered plan to prevent
fires in the three tire piles on the site and to conduct engineering
studies for the final disposal of those tires.
   "We sought this extraordinary remedy after the Rhineharts
repeatedly defied court orders during more than a year of
litigation," Terry said.  "Obviously, taking control of people's bank
accounts is not something we do every day, but in the face of
protracted disregard of our environmental laws and the authority of
the courts, we had no choice."
   Terry, acting on behalf of the Virginia Waste Management Board,
filed a bill of complaint against the Rhineharts on Feb. 7, 1991,
seeking to halt the storage and disposal of tires on the Rhinehart
farm.
   On April 1, 1991, the court entered an order prohibiting the
storage and disposal of any additional tires at the 257-acre farm.
The court order also required that the Rhineharts take steps to
prevent the three tire piles on the site from catching fire and to
initiate studies leading to the lawful, final disposition of all
tires located on the site.  The Department of Waste Management
estimates there are 1.2 million tires in the three piles on the farm.
   The Rhineharts failed to comply with the April 1, 1991, order and
a subsequent order designed to enforce it.
   Today, the court determined that extraordinary measures were
required to force the Rhineharts to comply with its previous orders.
Circuit Judge James L. Berry appointed Winchester attorney Charles S.
McCandlish as receiver to collect and hold the "real and personal
property" of the Rhineharts and to use those assets to pay for
implementing the fire prevention plan and conducting the engineering
studies ordered by the court.
   The judge authorized McCandlish to: "Borrow funds, enter into all
appropriate contracts, employ all necessary consultants, contractors,
counsel, and employees, and do all other acts that are reasonably
necessary" to carry out the court's orders.
   On Oct. 31, 1983, the Rhinehart farm was the site of a massive
fire that broke out among an estimated 5 million to 7 million tires
then stored on the site.  The fire burned out of control for about
eight months and produced more than 800,000 gallons of a toxic, oily
liquid.
 -30-

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