For Release: November 10, 1998

Contact: Bob Ballou, DEM: 222-4700 ext. 4420

Gregg Perry, AG's Office: 274-4400 ext. 2336

PROVIDENCE - The cases against three transfer stations charged with disposing out-of-state waste at the Central Landfill in Johnston have been settled. The settlement came in the form of Consent Orders entered yesterday in Providence County Superior Court by Associate Justice Michael Silverstein.

Pursuant to the orders, the transfer stations have agreed: to take several steps to ensure that any out-of-state wastes brought to their facilities are not disposed at the Central Landfill; to pay a total of $85,000 to the Rhode Island Environmental Response Fund; and to be liable for contempt if they should dump additional out-of-state waste at the Central Landfill.

Yesterday's settlements were reached with three of the four companies sued by DEM and the Attorney General's Office in September: American Disposal Services of Missouri, Inc., which operates in Johnston; and USA Waste of Connecticut, Inc. and Waste Management of Rhode Island, Inc., two formerly separate entities that recently merged under the name Waste Management with operations in Providence and Cranston.

The fourth defendant, New England Ecological Development, Inc., is not a party to the settlements. The firm has agreed to continue refraining from disposing out-of-state waste at the Central Landfill until November 24, when a hearing on the matter will be held.

"I am very pleased with our quick and effective response to this serious matter," said DEM Director Andy McLeod. "DEM's investigation, involving surveillance and searches conducted by DEM's Office of Criminal Investigation, coupled with our joint prosecution of the cases with the Attorney General's Office, has led expeditiously to sound agreements that uphold and protect the state's vital interests regarding landfill capacity."

Attorney General Jeff Pine said: "The Consent Orders between American Disposal Services, Waste Management, and the State bring to an end the unlawful dumping of out-of-state waste at the Central Landfill by these three defendants. If this dumping had not been curtailed, the landfill would have reached maximum capacity much sooner, and would have depleted a resource upon which Rhode Island depends. Moreover, the agreement by these companies to contribute $85,000 to the Rhode Island Environmental Response Fund will strengthen the State's capacity to respond to future environmental problems."

Pursuant to the court orders, the companies have agreed to abide by the following conditions:

• to dispose of any and all out-of-state wastes at licensed solid waste management facilities other than the Central landfill;
• to maintain documentation establishing the place of origin and the site of disposal of all solid waste collected at the transfer stations, and to make this documentation available for review by the State at any time;
• to post signs at the stations designating where in-state and out-of-state solid waste should be located; and
• to provide training for transfer station employees on all applicable legal requirements governing out-of-state waste disposal.

In addition, American Disposal Services will contribute $35,000 to the Rhode Island Environmental Response Fund, and Waste Management will contribute $50,000 to the fund, with payments to be made by December 9, 1998.

The Consent Orders resolve the civil cases that had been brought against the three defendants by DEM and the Attorney General's Office. The orders also terminate the criminal probe that triggered the civil cases. DEM's criminal investigation, involving video surveillance and searches of trucks entering the landfill, was initiated last spring and prompted by concerns raised by inspectors with DEM's Office of Waste Management and the Rhode Island Resource Recovery Corporation, which operates the state-owned Central Landfill. During the first half of 1998, an average of 4,500 to 5,000 tons of trash was being deposited each day at the landfill, up significantly from the 3,500 to 4,000 ton average daily rates recorded during1996 and 1997.

Based on the evidence gathered by DEM's Office of Criminal Investigation, DEM and the Attorney General's Office filed a civil complaint on September 4, 1998, alleging that the four transfer stations received solid waste generated in neighboring states and then transported it to the Central Landfill. On September 16, Judge Silverstein issued a preliminary injunction prohibiting the defendants from disposing out-of-state waste at the Central Landfill.

Since September 4, there has been a reduction of about 1,200 tons per day in the amount of waste deposited at the landfill.