Attorney General's News Release

May 17, 2004

Nixon obtains court order to ensure proper closure and monitoring of Rye Creek landfills

Kirksville, Mo. — A consent judgment approved today in Adair County Circuit Court will ensure that the Rye Creek sanitary landfill and demolition landfill are properly closed, Missouri Attorney General Jay Nixon says. Nixon obtained a consent judgment that requires Rye Creek Corp. and Charles Allen Tharp to immediately monitor and sample groundwater at the landfills, install methane gas monitoring wells and take corrective action to control any and all gas migrations from the landfills.

The partial consent judgment and order of injunction resolves long-standing concerns of the Attorney General's Office and the Missouri Department of Natural Resources that the financial assurance instruments in place at Rye Creek were insufficient and that there were other on-going operational violations at the landfills. Rye Creek Sanitary Landfill stopped accepting waste in August 2002; today's order requires the defendants to not accept any more waste at the sanitary landfill and to stop accepting waste at the demolition landfill by June 30, 2004.

In addition, the order signed by Circuit Judge Russell E. Steele requires the defendants to:

• Immediately initiate and complete closure and post-closure activities at the Rye Creek Sanitary Landfill, with those activities subject to the approval of the MDNR. Closure and post-closure activities at the demolition landfill must commence immediately after it stops accepting waste (no later than June 30). If the defendants fail to complete closure activities at the landfills on or before Nov. 1, 2004, the MDNR may pursue forfeiture of the financial assurance instruments and expend all available sums to assure the care and monitoring of the landfills.
• Pay $24,000 to the court to be used by the state of Missouri to assist in the financial costs of closure and post-closure activity or maintenance at the landfills. If the state determines the $24,000 is not needed for closure or post-closure activity, the money will be deposited with the Adair County School Fund.
• Submit additional financial assurance instruments in the amount of $148,000 for the demolition landfill, and maintain the status of all existing financial assurance instruments for the sanitary landfill.
• Comply with all Missouri statutes and regulations regarding the design and operation of sanitary and demolition landfills.

Under the court order, the defendants will pay a suspended penalty of $50,000 to the state if they fail to comply with the terms, including completing closure by Nov. 1.

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.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818