DALLAS (CBSDFW.COM) – A South Dallas homeowner is fighting the company responsible for mountains of recycled materials bordering her backyard.

Marsha Jackson said about a year ago, Blue Star Recycling moved next door. She said she started noticing mountains of recycled shingles and then they started spilling on to her property and into the nearby creek.

“It’s terrible and it’s embarrassing,” Jackson said.

The City of Dallas filed a lawsuit seeking a temporary restraining order against the company in December, alleging large-scale dumping was causing risk to the environment.

“After the lawsuit was filed they did clean out the creek,” Jackson said. “I still wish this was gone. This is still my backyard.”

Jackson said the recycled materials started spilling over again and on a windy day, she is breathing it in.

“It’s not healthy for a senior citizen,” Jackson said. “I have a breathing machine that I sleep on and my granddaughter has asthma.”

The City of Dallas reports Blue Star Recycling has signed agreements saying it would come into compliance with city ordinances. There is a hearing set for March to obtain a temporary injunction in the event they do not continue to work toward compliance.

An attorney representing Blue Star said the lawsuit was not necessary.

“The company is operating in compliance with solid waste and stormwater permits issued by the Texas Commission on Environmental Quality. Representatives of the TCEQ have visited the operations and have not indicated any investigation regarding noncompliance,” said Blue Star Recycling’s attorney Scott Deatherage.

“Before the City filed its lawsuit, we told the City of Dallas attorneys that the company would apply for a stormwater permit and come into compliance with stormwater regulations, which it has now completed. A lawsuit was not necessary for the company to take these actions,” said Deatherage.

But Jackson said the focus should be on her home and her health.

“They say they want to be good neighbors,” Jackson said. “How are you going to be good neighbors when you bring this over to somebody’s house?”

The Texas Commission On Environmental quality says right now there is an open investigation into the recycling company. The agency is looking into a complaint about the roofing shingles.

“According to the complaint tracking database, the complainant alleged that there were two large piles of roofing shingles, and that they were unsure if the property had the required authorization to operate.”

TCEQ reports this is the only complaint they agency has ever received against the company.