Attorney General's News Release

July 18, 2007

Judgment requires Valley Park landfill owner to install proper controls for methane and other gases, pay $71,000

Clayton, Mo. — The owner of the Peerless Landfill in Valley Park must complete installation of a gas management system to adequately control methane and other gases migrating from the demolition waste landfill, under a consent judgment obtained today by Attorney General Jay Nixon in St. Louis County Circuit Court.

In addition, Nixon said, the judgment requires Peerless Landfill Inc. and owner George W. Behnen to provide the Missouri Department of Natural Resources with a financial assurance instrument that ensures adequate funds will be available to the DNR to complete and operate the system for as long as necessary if the defendants abandon the system.

The waste in landfills often generates gases below the surface; these gases include methane, which is explosive in low concentrations and poses a threat if it accumulates in enclosed structures. Behnen installed a gas management system that began operating in 2001, but monitoring wells at or near the property boundary for the Peerless Landfill show that gas is migrating from the landfill and onto adjacent properties. In May 2005, DNR approved a design for expanding the gas management system to improve its effectiveness, but Behnen had not installed the system.

Nixon said it is vital for Peerless Landfill and Behnen to implement a system that will control gases from the landfill. The landfill is near its storage capacity, but the landfill will continue to generate the gases even after waste is no longer dumped there.

“The neighbors of this landfill need to be protected from the potential problems of migrating gases,” Nixon said. “This landfill is near the end of its useful life, and this court order requires Mr. Behnen to take the proper steps to protect the environment and his neighborhood.”

Under the judgment, the defendants will pay $66,822.44 to the state to cover the costs of the DNR's investigation. They also will pay a $5,000 penalty for the St. Louis County School Fund. An additional $91,000 in penalties is suspended pending the defendants' compliance with the consent judgment.

Take the AG's Environmental Survey

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