Attorney General's News Release

September 23, 1994

Nixon sues Carroll County landfill operator

Jefferson City, Mo. — Attorney General Jay Nixon today filed suit against a Carroll County landfill operator that has failed to provide sufficient financial guarantees required by state law. Nixon is seeking an injunction and civil penalty against Midwest Method Land Management Inc, which operates a 38-acre sanitary landfill near Carrollton.

Nixon alleged that Midwest Method has not provided the state with an adequate Financial Assurance Instrument, or FAI. The FAI ensures there will be financial means available to properly close and maintain the landfill for 30 years after closure should the landfill company fail to do so. State law requires landfills that accepted waste after the beginning of 1987 to provide an adequate FAI.

“The financial protections required by state laws are aimed at long-term protection of the environment,” Nixon said. “Without adequate financial guarantees in place, there is no safeguard to hold a landfill operator to long-term responsibility once the landfill is closed. Failure to adequately maintain a closed landfill can cause groundwater and surface water pollution. Midwest Method has ignored these mandatory financial obligations.”

Midwest Method received a permit to operate the landfill in 1990. The Department of Natural Resources issued two notices of violation to the company in 1993 and suspended the landfill's operating permit in August because the company has not provided the sufficient financial guarantees required by state law.

In the suit filed in Carroll County, Nixon asked the court to order Midwest Method to provide an adequate FAI or, if the company fails to do so, permanently enjoin the company from accepting waste at its Carroll County landfill. The petition also asks the court to assess a civil penalty under Missouri's solid waste laws of up to $1,000 per day per violation against Midwest Method.

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