Attorney General's News Release

October 22, 1999

Nixon sues owner of closed Camden County landfill near Big Surf for failing to control migration of methane gas

Jefferson City, Mo. — Attorney General Jay Nixon has filed a lawsuit against the owner and operator of a closed landfill in Camden County after monitoring by the Missouri Department of Natural Resources showed unacceptable levels of methane gas had migrated beyond the borders of the landfill, including to one point approximately 1,500 feet away.

Nixon filed the suit in Camden County Circuit Court against Larry Shields, the owner and operator of M.S. Sanitary Landfill. The landfill, which stopped accepting waste in 1994, is located off U.S. Highway 54 near Big Surf Water Park and near ongoing construction on the highway.

Nixon said Shields and the landfill have violated the state Solid Waste Management Act by allowing methane to migrate off the landfill site and by not taking steps to address the migration issue. Proper closure of a landfill requires owners to control methane gas, which can be explosive in sufficient concentration.

"The DNR has made repeated attempts to get Mr. Shields to take the appropriate steps to control the methane coming from his landfill," Nixon said. "Since those attempts have been rebuffed, obtaining a court order has become the next necessary step to compel Mr. Shields to install the proper controls and take remedial action."

Nixon is asking the court to find that M.S. and Shields have violated the conditions of the DNR's closure approval and to order the defendants to post a sufficient bond, known as a financial assurance instrument, to ensure proper closure of the landfill and control of the methane gas.

In addition, the lawsuit asks that the defendants be required to pay whatever penalties and costs are found to be appropriate by the court. Missouri law allows civil penalties for violations of the state solid waste law to be up to $1,000 per day per violation.

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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