Attorney General's News Release

July 9, 1996

Nixon obtains court order for proper closure of two notorious landfills run by J.Z. Disposal in Warren County

Jefferson City, Mo. — The operator of two landfills in eastern Missouri that have been the site of repeated environmental violations faces $5 million in penalties if the landfills are not properly closed within the next three months, Attorney General Jay Nixon said today.

James R. Zykan Jr. and his company, J.Z. Disposal Service Inc., also are responsible for the estimated $280,000 cost of the closure, under the terms of a consent judgment obtained by Nixon, the Missouri Department of Natural Resources and the Missouri Clean Water Commission.

Under the order signed yesterday in Warren County Circuit Court by Judge Edward D. Hodge, Zykan will use closure plans developed by DNR to complete work by Oct. 1, 1996 on closing the J-Z Sanitary Landfill and the Bueneman Demolition Landfill, both located near Wright City.

“After many years of litigation, this court order holds Zykan and J.Z. Disposal financially responsible to see to it that the landfills are closed in such a way to prevent further harm to the environment,” Nixon said. “These two landfills have racked up some of the longest lists of environmental violations of any landfills in the state of Missouri.”

Inspectors from the DNR have cited the landfills for numerous violations since the early 1980s, including pollution of Indian Camp Creek by contaminated runoff from the landfills, acceptance of unauthorized waste, and failure to follow approved operational plans.

The defendants have forfeited $211,000 in financial assurance instruments to the state, which will be used for post-closure care of the landfills and additional penalties after 30 years. Zykan also will pay a $10,000 penalty to the Warren County School Fund and $9,000 to the state for past due fees for a water discharge permit. An additional $5 million penalty will be imposed if the defendants fail to complete the closure plans.

Zykan also agreed to abandon any involvement in the solid waste business for the rest of his life, with the exception of any other obligations he has to close the J-Z Disposal Demolition Landfill in Warren County and a landfill in Franklin County operated by another of his companies, Interstate Disposal Systems Inc.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

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