A U.S. Bankruptcy Court trustee said the contested demolition of the ASARCO/Encycle plant will continue and state officials have no authority to stop the work.

The Texas Commission on Environmental Quality last week forwarded a letter telling the trustee to cease work until the commission could approve an air monitoring plan.

"There was no order to stop work from the TCEQ," U.S. Bankruptcy trustee Mike Boudloche said. "They do not have the authority to order under these circumstances."

The commission already had consented to a plan and the bankruptcy court holds full jurisdiction over the work, he said.

Boudloche said the work performed has been done according to the contract governing the work, which was approved in November by U.S. Bankruptcy Court Judge Richard Schmidt.

Schmidt's approval order said the commission and U.S. Environmental Protection Agency both were not opposed to the plan.

"The idea that the plans had to be approved before we started, is TCEQ's interpretation," Boudloche said. "We do not agree with that contention."

Boudloche said air monitoring plans suggested by state and federal officials would be financially impossible to sustain under the $9.9 million demolition and cleanup contract approved by the court.

A letter from the commission dated April 15 approved demolition of buildings that do not have asbestos or other hazardous chemicals.

The demolition of two structures