State v. Hart

OPINION

DIES, Chief Justice.

In November, 1985, the State of Texas sued Andrew Paul Hart, d/b/a Hart Creosoting Company, alleging, inter alia, that “Hart processes its wood preserving waste water [creosote] by retaining it in four surface impoundments”; that “[t]hese ponds have accumulated sludges containing creosote which are listed by the EPA as hazardous. These ponds have overflowed frequently in the past, resulting in discharge into a tributary of Walnut Run Creek.” The State alleged that Hart had violated the Texas Solid Waste Disposal Act, TEX.REV. CIV.STATANN art. 4477-7 (Vernon 1976 and…