Firehouse.com

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Sep. 25--Two Kerr County men are facing charges of violating the Texas Clean Air Act after allegedly burning hazardous materials Sunday afternoon.

The case, which now is in the county attorney's hands, may be the first of its kind locally, according to Kerr County Environmental Health Director Ray Garcia.

County Attorney Rex Emerson said Thursday the charge is a Class B misdemeanor, punishable by fines up to $2,000 and a jail term of up to six months.

Reportedly, a volunteer firefighter, who was outside of Lowe's in Kerrville at about 2:30 p.m. Sunday, spotted a large amount of black smoke in the southern part of the county and alerted fire and law enforcement authorities.

When Turtle Creek volunteer firefighters arrived at the scene, in the 300 block of Vine Street, they reportedly found two men burning several items deemed environmentally toxic.

State law prohibits burning items that can harm the environment or threaten public safety.

The items being burned included tires, a computer or TV monitor, particle board and carpet.

The blaze was extinguished within about an hour.

As firefighters were leaving the area, they spotted a second pile of carpet smoldering, and they snuffed that out, as well.

Those responding to the fire included Turtle Creek Volunteer Fire Department, Kerr County Sheriff's Office and a code enforcement officer with the Kerr County Environmental Health Department.

Public hazard

Garcia said such fire must be taken seriously because they pose a danger to the public and the environment.

"They are very dangerous and a very serious crime," he said.

Depending on the severity of the crime, fines can range up to $1.5 million.

The reason is because the smoke can prove fatal, particularly for people who suffer with respiratory problems.

"This smoke includes toxins. If it crosses onto someone's property and they get sick and go to the hospital, it's a felony offense," Garcia said.

That's why it's important to stay abreast of the law, he said.

"The problem is the public is not informed or has failed to look up the law for themselves or check with local or state (Texas Commission on Environmental Quality) authorities," he said. "People are so used to burning anything and everything, it just becomes standard practice."

Lately, cases of burning toxic materials are occurring two to three times a week, said Garcia.

"Those are just the ones we know about," he said, noting people often try to mask or hide what they are burning by placing cedar or other types of trees on top of the pile.

But the black smoke and smell give their secret away.

"We're finding more and more," he said.

Business probed for illegal burning connection:

Possibly for the first time in Kerr County history, two residents are facing charges of violating the Texas Clean Air Act.

The men are accused of burning hazardous materials.

But a similar incident that reportedly occurred Wednesday night could land a local business in court.

The case is being investigated by the Kerr County Environmental Health Department's code enforcement division.

According to officials, Turtle Creek firefighters responded to a large fire on property belonging to a commercial entity at about 8 p.m.

At the scene, they found a large fire in a locked area.

Items being burned included tires, oil filters, PVC pipe, wooden pallets and possibly an air conditioner.

Several smaller trash piles also were seen in the area.

Firefighters remained at the site until about 1:30 a.m.

Those responding to the call included Turtle Creek Volunteer Fire Department, the Kerr County Sheriff's Office and county code enforcement personnel.