Bakersfield, CA
Kirby Canyon, CA
Ft. Myers, FL
Hillsborough County, FL
Jacksonville, FL
Medley, FL
Pompano Beach, FL
Antioch, IL
East New Orleans, LA
Monroe,LA
Walker, LA
Other Problems With WMI Landfills in Louisiana
Canton, My
Bordentown, NJ
Parklands Landfill, NJ
Frankfort, NY
Northwood, OH
Spencerville, OH
Bucks County, PA
Pottstown, PA
Paris,WI
WMI Landfills in Canada
Toronto, Canada
Stouffville, Ontario
A Chronology of Problems At other WMI Landfalls
Solid Waste Incinerators
Wheelabrator: WMI’s Front Company
Broward County, IL
Tampa, PL
New York, NY
Bucks County, PA
Epping, NY
Recycle America: WMI's Recycling Operations
Little Rock, AR
Oceanside, CA
San Jose, CA
Southern Alameda County, CA
Broward County, FL
Tamarac, FL
Chicago, IL
Carsonville, MI
Lima, OH
Seattle, WA
Medical Waste Incinerators
Franklin County, MS
Jackson Township, OH
Terrell, TX
WMI's SOLID WASTE DUMPS
fail due go natural deterioration, and recent improvements in MSWLF
(Municipal Solid Waste Landfill) containment technologies suggest that
releases may be delayed by many decades at some landfills.''
.U.S. Environmental Protection Agency,
''Solid Waste Disposal Criteria''
Federal Register, August 30, 1988"
Burial of municipal wastes in land-ls lases is/cant risks to public
health and the environment. The EPA itself has wanted. that ''municipal
solid wasteland-ls have degraded and continue to degrade the environ-
Management'' (626) Contamination at over 200 municipal landfills has been
severe enough to warrant their inclusion on EPA'S National Priorities
List (NPL)....-the official list of Superfund sites requiring cleanup. ''To be
listed on the NPL,'' EPA explains, ''a site must present or be capable of
presenting significant environmental and/or human health impacts....''
(626) WMI has owned or operated a large number of landfills that are
now listed or proposed for lasting on the NPL.
As of December 30, 1989, WMI was listed as a potentially responsible
party for cleanup of 96 Superfund sites. (Sue Appendix E for a partial list
of Superfund sites where WMI has been a responsible party.)
Man! of cl's ''state-of-the-art'' land-landfill designs employ a double
layer, high-density polyethylene (HDPE) liner with leachate collection
pipes between the layers. In 1990 WMI purchased a minority interest in
National Smeal, a p 'rivately held Randall liner manufacturer. (670)
According to the Phillips Petroleum Company, a leading maker of
HDPE, a number of chemicals present in household garbage can degrade
and weaken polyethylene landfill liners. These chemicals are found in
common substances such as cider, lard, margarine, vinegar, vanilla ex-
tract, detergents, hair shampoos, hand creams, lighter fluid, nail polish,
shaving lotion, shoe polish, soap, wax, carbon hexachloride, chloroben-
zene, chloroform, cyclohexanol, iodine, toluene, and various alcohols and
oils. (628)
Liners made of clay also leak because organic chemicals permeate clay
and chemicals, seismological events, and weather conditions cause clay to
shrink and/or swell. (632)
In reviewing studies of 58 landfills, researchers at Texas AKM Univer-
sity have documented toxic and cancer-causing chemicals in the leachate
from both municipal and hazardous waste landfills. The study concluded
that the concentrations are such that the leachate from municipal
landfalls may cause health risks equal to those from industrial waste
landfills. (629)
In the short run, migration of land-landfill leachate and its chemical con-
taminants into groundwater can be reduced by a network of collection
pipes built into the land-ll. The pipes, which are perforated, collect
leachate for removal to a treatment system. Scientists studying the long-
term behavior of landfills have concluded that collection and treatment of
leachate from municipal waste landfills must be continued ''for at least
several centuries...in order to avoid a harmful environmental impact''
page 80
(630) It is clear that WMI and other operators cannot guarantee the
viability of a leachate collection system for that long. In this context, it is
worth remembering that the U.S. government is only 214 years old. Few
corporations have a history that extends 100 years.
Leachate collection systems can be dogged with mud, silt, refuse
debris, mineral accumulation, and mats of microorganisms. Collection
pipes are also weakened or destroyed by chemicals present in the refuse
and by the pressure of millions of tons of garbage. (631) The leachate it-
self requires treatment, which can shift contaminants out of the leachate
5.n% air, sludge, and water. Most municipal publicly owned treatment
works (POTWS or sewage plants) are wholly inappropriate for the at-
tempted detoxification of wastes containing the metals and synthetic or-
ganic chemicals found in landfall effluent.
Problems with landfalls increase when the closure caps (intended to
keep rainfall out) degrade or crack. Water erosion (from rainfall) can
erode the cap or sides of a landfall. L=JXII operators have suggested that
if it's true that alllandâlls will eventually leak, then the solution is to
maintain them in perpetuity. Obviously this is not a solution because
humans have no experience maintaining anything in perpetuity. Many
communities cannot even remember where their land-landfill was located 30
years ago.
Since they are legally accountable for a land-ll's post-closure main-
tenance for only a few years (usually a maximum of 30 Hearst, landfill
operator do not have to tie as concerned as the tax-paying public. WMI
and other companies claim that their landfalls are ''state-of-the-art''
facilities, built to exceed regulatory requirements. Unfortunately, this
doesn't mean cl's landfills won't leak; rather it means the regulatory
requirements aren't very stringent. It also means that, given the certain-
ty that all lanais will leak, the time when leaks will be detected is mere-
1! delayed, own to a time when the company +11 no longer be legally
liable for cleanup.
Stricter landfill regulations drive up the cost of landfills, in effect inten-
sifying the pressure for large, privately owned landfills run by giant com-
panies such as ti. While new regulations in the short ran may protect
a community from some environmental harm from the landfill, the com-
munity gives up control of what goes in, including receivables and waste
from outside the political region (town, county, or state. The incentive to
make landslide last b! intensifying recycling and waste reduction is lost
when a community gives up control of the landau. Communities do not
give up their potential liability for environmental damage from landfills
when the dumps are run by companies such as WMI; they can be sued
later for damages resulting from the wastes they contributed. Com-
munities should beware of leasing land to WMI and other companies for
use as landfills-the short-term gains III very likely be outweighed by
long-term cleanup costs and adverse health impacts. It is usually public
officials who view overs by companies such as WMI as a favorable means
to solving their short-term solid waste planning headaches. Citizens and
commumty leaders quickly realize that their elected officials think in
terms of re-election timetables rather than in terms of future economic
page 81
and environmental interests of the community. This is one reason why in-
creased public participation equals decreased pollution and corruption.
Other potential problems with landfills include the impacts of truck
and rail track; public nuisances such as stray litter; air emissions of toxic
hydrocarbons and other toxic chemicals such as asbestos and fiberglass,
all of which pose a potential health threat; adverse impacts on property
values; and loss of community control over solid waste planning with the
consequent corruption of the local democratic processes.
Given the certain failure of landfills and the health threats to nearby
communities, the ultimate answer to the land-landfill problem is to reduce the
quantity and toxicity of garbage generated and to recycle, compost, reuse,
and reduce waste as much as possible. But recycling xs hampered by the
construction of landaus, which compete for public funding commitments
and reduce incentives to use alternatives.
Control of a landfill is the key to business success in the solid waste
business. A company that owns a landfall can exclude competitors from
using it, thus requiring competitors to drive longer distances to other
landfills (forcing up the competitors' fuel costs). Or they can restrict ac-
cess; for example, they can provide one narrow road into a landfill for com-
petitors, where truck problems cause ccedil; serious delays, and another road
into the landau for their own trucks, avoiding delays.
A company that owns the local landfall has a stranglehold on local dis-
posal capacity and can charge inflated prices to customers, both
households and businesses. A handful is an oil well in reverse; the key to
monopolization in the industry is how much disposal capacity a company
controls. (see Antitrust section for examples.)
The value of WMI's l28-plus landfills was continually increasing because
of shrinking landfill space, the difficulty of siting new facilities, and the
failure of public officials to underwrite recycling, composting, and
material recovery facilities. Because of difficulty in sating new dumps,
WMI continues to explore alternative means to acquiring more disposal
facilities such as trying to expand existing landfills, privation municipal
dumps, and purchase landfills from other developed and operators short-
ly after the second party receives its of-rating permit
Financial pressures created by new regulations also help WMI and
other industry giants acquire small companies and privation regional
municipal solid waste collection services; ordinarily, this does not trans-
late into greater recycling and reduction programs or into economic
benefi-ts for local communities.
Because of its track record, cl's arrival in a town is often met with
citizen opposition. To counter this problem, ars landfill-siting strategy
in some instances has been to mask its identity by creating a subsidiary
comps! with no obvious ties to WMI. If the company unmasks itself m
attempting to site the facility it usually will offer a host-benefit agree
mend, a form of legalized bribery. Another strategy has been to try to gain
local control by reaching an agreement with an existing 1!! operator
who develops a new landfill and then hands it over to WMI for a fee. Old
land-ls are often relatively cheap because they are leaking or otherwise
in trouble and nobody else wants the associated liabilities. With its
page .82
economic power, WMI can promise environmental officials it will clean up
the mess often gets authority to reopen or keep a landfall open. The offi-
cials have little choice. If they! refuse, the subsidiary can (ne for
bankruptcy and the responsibility for cleanup would then fall upon the
public. After WMI acquires such a facility, it can use its significant legal
manpower to forestall enforcement of a cleanup. WMI's acquisition of leak-
ing landfalls from other private operators begs another question: if they
knew of the problem, why did they reward the former operator b! paying
for the dump unless they wanted to disguise their own contribution to the
mess? If the! were unaware of the problem when they bought the dump,
can the public believe they acted responsibly by not thoroughly investigat-
ing the sate? Can the company 1- trusted when it says other dumps won't
leak in the future? In either case, the result is often a delay in environ-
mental cleanup and escalated enforcement costs, while the only maple
who seem to benefit are lawyers.
When it comes to privatizing municipal garbage disposal services,
some orchis worry (as they should) that there m)1 be no way to control
prices on a long-term basis and control what gas into landfills. Local offi-
cials also have little or no say over who dumps waste once a landfill is
turned over to private operators.
Public officials sometimes fail to realize the key defenses between
publicly controlled landfalls and those in private hands. Public landfills
can be treated like capital, a rarity to be safeguarded and preserved.
Private landfalls, on the other hand, are only profable when they are
being felled as rapidly as passible every ton of trash coming through the
gate represents an increment of profit. Public control is the key to extend-
ing the life of a landfill.
Public control of landfalls is also the secret to control of out-cf-state
dumping. The interstate commerce clause of the U.S. Constitution has
been interpreted in the courts to prevent a state from interfering with the
burial of out-of-state wastes in a local, privately held dump. But in the
case of a public dump, the issue disappears. In both cases, the owner of
the dump has complete control; the deference is that a private owner
wants out-of-state waste because it is as profitable as wasps from
anywhere else. On the other hand, public owners of a dump don't want
out-of-state waste because it depletes precious land-landfill capacity and brings
leal people closer to the day when they will have to expand their dump or
open a new one.
Public owners of a dump have absolute control over what comes
through the gate. They can, for example, forbid the burial of any
mate 'nals that could be combusted or recycled. They can also forbid the
burial of mixed wastes, requiring that all wastes be separated before they
are allowed to come through the gate. Such controls can go a long way
toward discouraging the dumping of valuable resources.
Municipal politicians considering prevarication are omen unaware of
how profitable garbage disposal really is. As John Calvert of the
Canadian Union of Public Employees explains, ''the reason that private
garbage conglomerates are so intent upon owning landfall is that these
disposal facilities are the key to capturing the principal source of revenue
page 83
in the waste stream: landfall tipping fees.'' Calvert calculates that be-
cause of the escalation in disposal fees during the past two decades the
costs of acquiring the land, obtaining permits, endearing, and operation
(including post-closure care) is but a fraction of the entire revenues
received from tipping fees. For instance, in 1989, Metro Toronto's total
landfall operating cost, including interest to pay for the original purchase
price, amounted to only 16 percent of the per ton disposal fee. (728) With
this motive in mind, WMI continues to invest in the kind of public rela-
tions campaigns and back room lobbying efforts that pay offal local offi-
cials allow expansions of old dumps and siting of new ones. As of early
1990, WMI was planning to expand more than 40 of its 128 landfills in
North America and open 60 new ones. (660)
People living near WMI landfills can also expect incinerator proposals
from Wheelabrator Technologies, Inc., cl's strategic partner m con-
structing so-called 'waste-to-energy' facilities, better known as in-
cinerators. Some recent court decisions and legislation that reclassify
incinerator ash as non-hazardous allow it to be buried in regular solid
waste landfills or ash ''monofills.'' (486) This type of ''linguistic detoxifica-
tion'' does nothing to reduce the toxicity of incinerator ash; it merely sub-
sidizes the incinerator industry by making ash cheaper to landill. Ash
represents abut 30 percent by weight of the solid waste going into an in-
cinerator and it is more toxic than the original solid waste. Proponents of
legislation to reclassify ash as ''special waste'' have attempted to slip such
provisions into pieces of national legislation, such as the Clean Air Act in
1990 (where the e'ort failed). Attempts to reclassify incinerator ash also
leads to bizarre schemes for ash 'reutilization'' such as combining the ash
with cement for disposal in the ocean in the form of artificial reefs (as the
Wheelabrator incinerator in Pencillas County, Florida, is attempting to do)
or use as road-bed fill.
WMI currently operates at least 128 different solid waste landfills in
North America alone. It is not possible to list all the violations at each
WMI landfill so we have excerpted some to provide an idea of the
varieties of mismanagement that have occurred (442, 557). For further in-
formation, contact leal groups living near WMI landfalls (see partial list-
ing of these groups in Appendix J) or see the compliance mistunes filed
with states such as Pennsylvania and Indiana and other sources. (414)
Bakersfield, California
Return to Table of Contents - Section 3
Chemical Waste Management buried chemicals for almost a year in this
dump before officials noticed that the dump had no wells to detect water
pollution. It takes the state nearly two years to get CWM to put in Wells
and run tests. (265)
April 1984
Goldwater tests show contamination. CWM blames the former owner of
the landfall. (265)
May 1985
CWM closes the Bakersfield dump air the county government rejects an
expansion permit request. (265)
page 84
June 1985
Runoff from the site continues to flow into a stream that feeds a
groundwater recharge zone and provides water for agriculture. (339) In-
spections reveal groundwater degradation from the facility' s south-
western area. (33$ CWM representative Paul Abernathy acknowledges
that its wastes commingled with the previous operators wastes in un-
lined ponds. 4341)
Kirby Canyon, California
Return to Table of Contents - Section 3
The bitterly opposed Kirby Canyon land-landfill in Santa Clara County,
California, was leaking diclxloroethane, trichloroethane, and Freon 12. ''If
was predicted, and it happened/' says Bruce 'lkhinin, local attorney and
landfall opponent. The 'state of the art'' land-landfill was not supposed to leak,
and officials could not explain how the toxic chemicals had gotten 100 feet
past the earthen dam intended to stop leachate. Steven Ritchie, Execu-
tive Director of the state lagoon Water Quality Control Board, said ''If
appears as though leachate is leaking from the landfall into the
groundwater.' Pat Ferraro, a member of the Santa Clara Valley Water
District board of directors, said, ''If was the craziest thing in the world to
build near our largest reservoir and between two groundwater basins.
There Is no such thing as a landfall that doesn't leak.'' The leak threatens
the Santa Clara Valley Water District recharge area. (362, 363, 620)
1989
The potential listing of the Bay Checkerspot butterfly as an endangered
species threatens to block Mrs Kirby Canyon landfill expansion plans.
WMI invites a local biologist to the site. later, the ADA Journal reports
that WMI has ken debiting $50,000 annually in the Kirby Canyon
Habitat Test Fund. 'As a result, WMI of California has not only ken
able to proceed with its landfill operations in Kirby Canyon, but has
received considerable favorable publicity as an ecology-minded company
as we1l,'' including an Environmental Preservation Award from Stanford
University's Center for Conservation Biology ''for exceptional contribution
to biological diversity.'' (508)
WMI expansion covers 15 percent of the butterfly's habitat, despite
the prediction by Stanford scientists that ''the remaining San Mateo Bay
Checkerspot buttefly population has a doubtful prognosis for long-term
survival.'' The landfill also occupies the habitats of the imperiled red-
legged frog and the Mount Hampton thistle. WMI claims it has adopted a
corporate policy of ''no net loss'' of biological diversity. The Bay Check-
ersmt butterfly has 'come the local subsidiary's mascot. (508)
WMI also flew prominent citizens from Portland, Oregon, to San Jose
to showcase the Kirby Canyon landfall and win a $360 million, zn-year
Portland transfer station contract. (443)
In the winter 1988 issue of Wilderness magazine, WMI ran an adver-
tisement claiming ''we Profit By Protecting The Environment'' referring
to the Kirby Canyon landfill. By the time the advertisement ran, leaks
from the ''state-of-the-ad'' land-landfill had begun to contaminate groundwater
at the site, with waste escaping past the retaining wall that was supposed
to trap the leachate. The California Regional Water Quality Board
page 85
notified WMI on October 3, a988 that the landfill leachate and a groundwater monitoring well both indicate the presence of volatile organic compounds (VOCs) such as Freon 12, l,l,l-tricholoroethane, and 1,1,-dichororoethance. (620)
1986
Cadmium is detected at levels five times over regulatory limits in groundwater beneath the WMI Gulf Coast Sanitary Landfill in Ft. Myers, Florida. (265)
1987
A study by WMI confirms possible contamination of groundwater beneath the landfill. l(265)
May 1988
WMI illegally disposes infectious waste in the Northwest Disposal landfill. (638)
1990
The Tampa Tribunereports that the law firm that recommended against Hillsborough County suing WMI, the designer and builder of Hillsborough Heights landfill, was representing WMI at the same time. County commissioners, who voted not to sue WMI in June of 1989, reportedly never were shown a memorandum by independent consultants hired by the county that gave strong evidence linking WMI and the landfill to contaminants found in nearly wells. David Dee, a lawyer for Carlton Fields, Ward, Emmanuel, Smith & Cutler, was representing a WMI affiliate in Broward County in 2986 when Hillsborough County commissioners hired him to take their case. Jake Varn, now a partner in Carlton & Fields, was the Department of Environmental Regulation (DER) secretary who approved the Hillsborough Heights landfill permit in 1980.
Dee said the county knew he was representing WMI when they hired him and that his original contract stipulated that he would represent the county before various state and federal agencies, but that he would take no part in litigation against WMI. A county commissioner who made the original motion to hire Dee said the county was not aware that it eventually might have to sue WMI when it hired Dee. (550)
page 86
by WMI or the dumping. WMI later accepts responsibility for the
dumping and pays $530,000 to buy out and relocate six families. (439, 525)
1987
One hundred and forty-one Hipps bad neighbors file a $436 million law-
suit against WMI and other haulers for physical, financial, and emotional
damages. 4439)
1990
The dump remains closed.
Medley, Florida
Return to Table of Contents - Section 3
1980
WMI buys the Medley garbage landfill. (265)
February 1981
WMX is cited for illegally dumping trash into a lake on the property. (265)
1984
Tests indicate the migration of pollutants into the groundwater. (265)
1987
A Florida state report claims that the Medley dump threatens the
community's water supply. WMI says the dump ''has a minor impact on
the environment.'' (265)
Pompano Beach, Florida
Return to Table of Contents - Section 3
Pompano Beach is host to one of Mrs oldest landfalls. Groundwater
tests have detected pollution from the Broward County dump since 1981.
Tests taken in January 1986 detected pollutants 113 feet below the
landfall. The garbage dump remains open. (266)
1974
The Pompano Beach landfill is cited for operating a water pollution
source without a proper permit and for dumping rubbish improperly. (266)
1975
WMI is cited for improperly discharging polluted water into a canal.
WMI officials till a state insider that leaking Es of chemicals were
a ''common occurrence'' at the Pompano Beach site. (275)
1980
Inspectors are startled to discover bags of infectious hospital waste at the
landfall. The waste is supposed to be burned or sterilized before being
sent to a 1=+1. Alleging that WMI dumped the bags illegally, the state
ones %1 $2.2 million for improperly handling infectious hospital waste.
The annually is reduced to $423 two years later. (275)
1987
The state of Florida penalizes WMI $4,000 for numerous violations at
Pompano Beach, including improper handling of hic chemicals. (275)
1990
The Pompano Beach landfall remains open.
page 87
Antioch, Illinois
Return to Table of Contents - Section 3 1983
Antioch Village officials complain that WMI has refused to let the village test liquid samples from the bottom of its landfall. The village has success- fully blocked attempts by the company to expand the landfill. ''They make millions of dollars a year, and we're left with a bleeding sore,'' Ken- neth Clark, a pastime village attorney says. ''A local government can stop them bit's willing to pay a quarter of a million dollars.'' Witnesses, including a member of the local police department, come forward at one hearing to testify that they have seen trucks carrying 55-gallon drums enter aud leave the site in the middle of the night when the dump was unposed to be closed. (678)
February 1990
WMI's 52-acre landfill is declared a priority site by the EPA for cleanup under the Superfund program. EPA tests have found zinc, lead, and cad- mium in monitoring Wells near the dump. Wells as close as 600 feet from the dump supply people in Antioch with drinking water. (547)
East New Orleans, Louisiana
Return to Table of Contents - Section 3 In 1988, American Wast, the New Orleans WMI subsidiary, lost its con- tract with the city of New Orleans when it expired. One factor was the Recovery llandEll in New Orleans East. Acover.y l opened as a ''state-of- the-art recychng, garbage-shredding, aud incineration center.'' Plagued by constant technical problems, the site was deserted and, according to the J'rogressiue, American Waste refused to dean it up. (704)
Monroe, Louisiana
Return to Table of Contents - Section 3 In 1986, WMI's subsidiary American Waste Pollution Control Company (AWPCC) pid an $8,000 penalty for failing to cover laurelled wastes with dirt and for contaminating the surface water at its Magnolia Sanitary Landis. (4144 In 1987, a state inspection found violations of record keeping, gas management, and leachate management, plus insuffi- cient monitoring of incoming wastes. WMI/AWPCC later paid $11,000 in penalties. (414)
Return to Table of Contents - Section 3 WMI/AWPCC have been charged for various operational violations at the WAside landfall, including record-keeping violations, geological problems, and migrations made without prior approval. Although com- pliance orders have ken issued to the laud-ll, Green/ace is unaware of any fines levied by the state. The landfill has been banned from receiving out-of-parish ilxdust#al waste. (527) pace 88
Other Problems At WMI Landfills In Louisiana
WMI or its subsidiaries have been charged with violating numerous
regulations in the state, including discharging contaminated wastewater
from a track wash, having inadequate training and contingency plans,
beginning construction activities for a proposed expansion without prior
approval (Kelven landfall in Avondale and Woodside land-landfill in Walker),
inadequate soil covering, allowing contaminated water to Mofrinto a
buyer zone, and inadequate maintenance of rollofcurbs. (414)
Canton, Michigan
Return to Table of Contents - Section 3March 1983
Michigan Waste Systems, enc. (MSWO, a WMI subsidiary, closes its Wad-
land Meadows landfill under a consent judgment and order. (414)
July 1984
EPA charges MWSA with groundwater monitoring violations. (414) MWSI
failed to obtain samples from downgrading groundwater monitoring
wells after MWSI notified EPA that the landfill ''may be affecting
groundwater quality'' (713)
June 1987
EPA ands unapproved waste piles resulting from the installation of a gas
recovery system. MWSI agrees to pay a $27,000 civil annually. 6414)
Bordentown, New Jersey
Return to Table of Contents - Section 3
WMI has been charged on numerous occasions with environmental viola-
tions at this site. According to the Philadelphia Zmgufrer, two workers
were killed at the landfill when the ls-foot-deep trench they were work-
ing in collapsed during construction. An OSHA area director said that
precautions OSHA had required for construction to continue after an in-
spection had not been taken, such as the use of lumber to reinforce the
s.des of the trench. (551)
Parklands Landfill, New Jersey
Return to Table of Contents - Section 31985
A WMI subsidiary agrees to install an air conditioning unit at a local high
school in a $150,000 settlement over problems with odors. (414)
1988
A further settlement of $23,800 is reached for violations of odor regula-
tions. (414)
Frankfort, New York
Return to Table of Contents - Section 3May 1985
WMI's subsidiary SCA, owner of the Mohawk Valley landfill, pays a
$6,000 penalty for unpermitted discharging of leachate into a stream and
page 89
expanding without a liner. (414)
December 1985
WMI pays a $1,500 civil penalty for accepting unauthorized waste. (414)
1988 The state charges WMI/SCA with groundwater contamination. (414)
Return to Table of Contents - Section 3 1983 CMW dumps hazardous Surround waste in two WMbowned garbage dumps where the company as not authorized to receive Superfund waste. (67)
1983
Ohio Waste Systems, Inc. (0WS), a subsidiary ofMl, pays $3,000 for failure to adequately implement a groundwater monitored program and other violations. (414)
January 1988
OWS pays $6,000 for violating manifest regulations and failure to provide an adequate groundwater assessment plan. (414)
Return to Table of Contents - Section 3 WMI's plans to build a 4,000-ton-per-day garbage dump in Spencerville, Ohio, ignited widespread citizen opposition. After Dumpbusters, a local environmental group, and Greenpeace staged an occupation of the proposed landfill site, the town of Spencerville voted the project down in a zoning vote in Novemir 1987. Permits for the landfill were ultimately denied by the state, citing threats to groundwater. During the lJ-month fight against the landfill, Spencerville citizens raised over $100,000 through community activities. The entire com- munity was able to demonstrate its opposition to the landfill be erecting signs in front yards, axing ribbons to mailboxes, and organizing mas- sive rallies featuring expert speakers who were able to provide accounts of WM! malfeasance in other communities.
Return to Table of Contents - Section 3 In 1988, WMI bought 260 acres Jlaud in Falls Township, adjacent to the WMI Geological Inclination. Operations and Waste Systems, Inc. (GROWS) landfill, which the company has operated since 1970. The site also orders land owned by USX, the steel giant. The site is zoned for heavy industry, but located on wetlands.
WMI hopes to dump up to 2.9 million tons of garbage and ash each year in the expandedlaxdfm. Currently, nth landfalls take trash from Philadelphia. Hundreds of thousands of tons of incinerator ash from Philadelphia has been dumped in Bucks county. <1 also approached of- ficials in New Jersey about disposing their sewer sludge at GROWS. (3614 WMI would also like to build a Wheelabrator incinerator on the new property, which it expects to operate by January 1993. (289, 646)
page 90
1981- 1988
GROWS, Inc. is charged on several occasions with unlawful discharge of
liquid waste, including leachate, to a nearby stream. Other charges m-
dude violations of air quality regulations, failure to control dust from
truck traec, failure to control erosion, and improper manifests for hazard-
ous waste hauling. (414)
August 1989
To Philadelphia Inquirer reveals that cl's local payroll includes
several relatives of Falls and Tullytown offcials charged with overseeing
trash operations at the company s two landfalls. The payroll includes rela-
tives of town supervisors who participated in key votes regarding WMI.
(469)
September 1989
Bucks County commissioners ask evertor libers Casey to declare a
moratorium on the permit process for a proposed lsjoo-ton-a-day ash
land-ll. While the county was aware that WMI had an application, they
were never informed that the land-landfill would serve as a regional
depository. '1 think we got snookered,'' says county commissioner Lucille
Trench, who found the discovery particularly disturbing because Frank Be
J. Branigan, who sits on the county's solid waste advisory committee,
never informed the committee or commissioners that he was a WMI con-
sultant. (460) Another committee member, Harry Fawkes, Jr., is the son
of a Republican Party county chairman who sold his trash company to
WMI ('ear' ago. (468)
April 1990
Falls Township orchis approve the landfill plan., despite questions by
one township supervisor abut siting the ash landfall m a wetlands area.
Allegations surface that the Falls Township chairwoman Holly Moyer,
who cast the deciding vote, has two brothers employed by WMI. (646, 469)
October 1990
In Bucks County, ''the writing's on the wal1,'' says Ed Vile, a small hauler
compting with !1 for business. ''You don't have to 1- very smart to
see what's happening. Once the mom and pop haulers are gone, you're
lea with these big companies. And the consumer will get raped with
higher rates.'' (759)
''The fee at waste management's GROWS landfill in Bucks County ex-
emplifies what is happening across the nation' the Philadelphia Inquirer
reads. ''in 1982, the dumping fee at the landing in Falls Township was
$6.30 a ton, according to the Bucks Count! plug commission. Today
it is $59, an increase of 937 percent over eight years''
'''dependents like Gibson am straggling to pay landfill owners. But
large companies such as Waste Management own both hauling companies
and landfalls, so the money changes hands but stays in the corporate fami-
ly.'' (759),
July 1991
The Pennsylvania Department of Environmental Resources denies Mrs
application for a szb acre ash landfill in ('Falls a Township. The application
is denied because the site is located in a 100-year floodplain.
Wye 91
Return to Table of Contents - Section 3 Problems with the operation of this lankly extend before WMI took over SCA Services (SCA) in 1984 and have continued since. For instance, in October of 1985, a leachate tank overflowed during a hurricane, and as- bestos waste was dumped improperly. In 1987, the landfill was cited for fille to comply with reported requirements of the state's drinking water regulations. (414)
Return to Table of Contents - Section 3 1979
WMI of Wisconsin acquires a landfill from Kenosha Trucking Co. for $1.4 million. (425)
March 1980
The town of Paris brings a lawsuit against the Wisconsin Department of Natural 'sources (WDNR) to prevent approval of an expansion proposal on the basis of the WDn's failure to properly notify residents. (422)
June 1980
PCBS at a concentration of 36 parts per million are detected in leachate at the site by an engineering consultant hired be the town. (423) Opponents to the expansion also claim the site is located m a wetland area that is home to muskrat, mink, and great blue herons. Surface water from the site runs officio the Des Plaines River. (424, 426)
1983
WMI agrees to pay the Q)R of Paris at least $80,000 annually to operate the landfall, in eject reducing the town's opposition to further expansion on the 500-p1us acre site. (427) Neighed consistently complain that odors aud dust harm their businesses and impact their health. (428)
1990 John Callahan, operator of a nearby body shop, tells a Chicago reporter that the stench in the area around the landfall can be so strong that ''at 6:30 in (hp morning it wakes you up.'' Owners of a nearby bar close their business and (ne suit against <1 for trespassing, nuisance, and negligence. Paris Township collected $220,000 in licensing fees from WMI m 1989. (660)
Return to Table of Contents - Section 3 WMI attempted to create the largest landfall in North America in Toronto through a series of shady dealings, including what the U.S. Securities and Exchange Commission claimed were ''dubious outlays'' (payments) to a Canadian political party to smith its permitting process. (see Antitrust section for more details.)
1972
Through royalty arrangements, WMI of Canada acquires Maple Pits page 92
landfill, an abandoned excavation site with the potential for becoming the
largest land-landfill in North America. (439)
1978
The Environmental Assessment Board rejects cl's application to
operate the Maple Pits landfall. The decision is overturned on appeal,
despite the Ministry of the Environment's doubts about site safety. (439)
1981
After the Canadian Union of Public Employees raises concerns about a
private garbage disposal monopoly, the Metropolitan Toronto councilor
vote to purchase the still-empty pats from Mrs subsidiary. (439)
1983
Purchase payments by Toronto to WMI are delayed when contamination
is discovered below the site and further testing reveals that it might be
impossible to seal the quarries. (439)
1990
The pits ultimately become a publicly controlled dump that has saved
Metropolitan Toronto taxpayers hundreds of million of dollars in tipping
fees. àgrettably, however, public bow control policy has yet to become a
sign-cant incentive for waste reduction.
Stouffville, Ontario
1963-1969
An estimated 60 million gallons of unknown liquid industrial wastes are
poured into the StouNlle Dump lagoons. (494)
1972
York Sanitation, a WMI subsidiary, buys the landfall, which has been
licensed to bury millions of tons of solid municipal waste. (494)
1975
The Whitechurch-Stouffville town council passes a bylaw prohibiting
dumping at the Stouffville site. WMI hurdles that obstacle through the
provincial government's hearing process, which overrides the local prohibi-
tion. WMI continues to bs one-third ofmeto Toronto's domestic com-
mercial and industrial solid waste in Stoufville until at least 1982. (494)
1982
WMI subsidiary York Sanitation applies to the Ministry of Environment
for thé right to expand the dump site by 54 acres. A local chemical en-
gineer says, ''the site leaks like a sieve.'' (494)
t982
York Sanitation is found guilty on 53 charges resulting from breaches of
environmental laws and falsifying documents to underestimate the
amount of garbage it was accepting. York is penalized $40,000. (494)
April 30, 1982
Environment Minister Keith Norton, under pressure from local activists,
announces that the dump will be closed within 14 months and that a
WMI expansion request was denied. The company is also ordered to provide
an alternate water supply to 12 homes near the dump. (494)
page 93
A CHRONOLOGY OF PROBLEMS AT OTHER WMI LANDFILLS Return to Table of Contents - Section 3
1982
A South Carolina citizens group reaches an out-of-court settlement with WMI air suing the fem for aleakinglandll in Jasper, South Carolina. (188)
1982 - 1987
WMI is cited 31 times for allusion violations at its Manville, Indiana, landfall, particularly for fabling to prevent landfill constituents from run- ning ofrsxte during rainstorms. (264)
1982 - 1987
WMI is cited 22 times for water pollution violations at its Wheeler, In- diana, land-ll between 1982 and 1987. (264) In January of 1985, the state assessed a $4,250 penalty for failure to conduct proper inspections, release of hazardous waste, failure to comply with emergency require- page 94
1983
mendt of the landfill's contingency plan, and failure to contain runoff.
(414) WMI later purchases houses on a road adjacent to the landfill, in ef-
feet creating a buffer zone around the site. (see 1990 entry below.)
1983
WMI proposes building a new z8o-acre landfall that would partially cover
wetlands on the Southeast Side of Chicago in exchange for building a $2.5
million nature park in the suburbs. The proposal is eventually rejected.
(205)
March 1983
Tests of groundwater below cl's Sunbeam Road garbage landfall in
Jacksonville, Florida, detect contamination. 6264, 265)
1984
WMI of Colorado is cited by the state Department of Health for violating
open burning regulations at its County Line landfall in Littleton,
Colorado. (414)
November 1984
WMI pays $2,400 for unlawful discharge of leachate at its River Road
landfall m northeastern Pennsylvania. (414)
1985
Operators at cl's River bad handful in northeastern Pennsylvania ac-
cept waste dust and palish grinding sludge without authorization. (414)
May 1985
WMI pays a $41,740 forfeiture and a $6,260 civil /penalty for violations at
the Polk, Wisconsin, landfill. (414)
1986
Since 1986, the Lake View, Pennsylvania, WMI landfill has had
numerous problems, including acceptance of unauthorized wastes,
leachate discharge to groundwater, failure to prevent accelerated erosion,
and failure to properly cover. (414)
August 1986
WMI's Louisiana subsidiary, Recovery 1, Inc., is charged with violating en-
vironmental permit regulations for surface water and leachate mis-
management, litter, and other violations at their landfill in New Orleans.
bleater pays a $10.000 penalty. (414)
August 1986
A Regional Air Pollution Control Agency representative observes visible
emissions of asbestos particles in the air around the WMI owned Pinnacle
Road garbage dump in West Carrollton, Ohio. (414)
1988
WMI purchases an unused but permitted lankly site in Wheatland
Township in Illinois. WMJ bought the permit from the developers sen
after a permit was issued for the site. In April, an inspection by the 11-
linois EPA ands uncovered refuse and unconfined litter at the site.
WMI pays a $1,000 penalty. (414) Illinois attorney general Neil Hartigan
supports the Will County state's attorney in arguing that the Wheatland
Township landfall is not suitable for waste disposal. (A creek runs through
the site, and an aquifer used for ' ' g water lies beneath it) (660)
1988
WMI passes closure costs for its New Iberia, Louisiana, landfall to its cus-
tomers in the form of higher dumping charges. The site is being inves-
tigated for passible Superfund site status. (526)
March 1988
The New Hampshire state Department of Environmental Services cites
page 95
WMI of New Hampshire for failure to cover exposed refuse at its Chester landfall. No Ee is levied. (414)
August 1988
Gary, Indiana, city o!cials complain about a lawsuit bled by WMI that forces the city to spend hundreds of thousands of dollars to stop con- taminated water from flowing from its 1=4&1 into the J-pit, a loo-acre former sand mining operation just west of the site where WMI subsidiary Indiana WAG Systems, Inc. wants to operate a landfall. Gary officials claim the lawsuit is intended to create an undue ânancial hardship and force the city to start using the J-pit to dispose of its garbage. The proximity of the WMI landfill to the already-leaking sate would make cl's future potential liability for groundwater contamination difficult to prove. (636) The Gary landfall, which received 5 percent of the Chicago area's total garbage in 1989, or 1.5 million cubic yards annually, is later ordered closed by a Lake County Circuit Court judge. (696)
1990
WMI is planning a large landfall near Florence, Alabama. WMI had con- tracted with a local schul to charge $60 a month for their garbage cleanup, but is now charging $200 a month. The school had to dig into other funds to pay for this. (524)
1990
The WMI Trbcounty landill in South Elgin, Illinois, is listed as a target for Snperfund cleanup. Benzene and cyanide are found in nearby groundwater. (322)
1990
Failure of the Department cf Veterans fairs to approve a home koan for propers! near the WMI Wheeler dump in Indiana could be the first oili- cial action that points to the landfill as an economic detriment to this rural community. sports of well water contamination are delivered to members of the local community. WMI offers to tie local homeowners who rely on groundwater wens into municipal water lines. (729)
Return to Table of Contents - Section 3 Approximately 80 percent of U.S. garbage is now buried in landfills. The groundwater pollution and other problems caused b! landfills have in- creased the push for new methods of managing municipal waste. Unfor- tunately, instead of pushing for comprehensive garbage prevention, recycling, and composting plans, many cities are rushing to burn their municipal residential and commercial garbage.
incinerator convert wastes into gases and ash. Between 20 and 40 percent by wei ht of the waste that goes into an incinerator comes oat as highly consummated ash that perpetuates the need for landfills. Because of the high levels of heavy metals and organic chemicals typically found in municipal solid waste incinerator ash, it is a dangerous waste and should legally be classified as hazardous waste but is often reclassified as ''spe- cial waste,'' making it cheaper for incinerator operators to dispose of At in ash morxcfnls rather than commercial hazardous waste landaus. An ash monomial is a dump create only for incinerator ash.
Incinerator gases include heavy metals such as lead, mercury, cad- pagê 96
mium, and chromium. These metals (espeeially mercury, which escapes
conventional pollution control devices) pee a variety of health threats to
people living near the facility and to people eating ash and other foods in
which pollutants accumulate. Incinerator gases also include acid gases
that contribute to acid rain and are respiratory irritants, such as
hydrogen chloride. The stack gases also include highly toxic products of
incomplete combustion (PICs) such as the family of chemicals known as
dioxids and flans, which can be formed as furnace gases col down even
ahr passing through pollution control devices. (607)
As ls the case with landfills, incinerators hinder recycling programs.
Incinerators require highly combustible wastes such as paper, which
should be recycled (or, preferably, its use reduced). Long-term ''put or
pay'' contracts force communities to either burn their trash or nsk law-
suits and huge expenses if they wish to change to recycling.
Incinerators often overburden their host communities financially by
committing them to 20- to (do-year multimillion dollar bond commitments
which, because of cost overruns in construction or ash disposal, can be dif-
ficult to honor. Additional costs. such as contamination of agricultural
products and adverse impacts on property values are rarely, fever, fac-
tored into the cost of building an incinerator.
Even incinerator advocates admit that incineration is not a anal dis-
posal method: the primary waste (garbage) is converted into secondary
wastes (gases and ashes). Additionally, the liquid and solid residues of
pollution control devices require further treatment and fmt disposal.
Reducing and recycling soled waste not only reduces air pollution but
saves in overall energy consumption, mining wastes, water use, and
water pollution.
Incineration and recycling directly compete with each other. 'In-
tegrated waste management'' plans, as promoted by WMI and other, are
really only attempts at limiting the success of recycling/compost
programs. Paper, plastics, and yard waste 70 percent of the waste
stream by weight and 90 percent by ener!y vale: should be recycled or
composted (or, as in the case of plastics, simply not used in the first
place). Little of the remaining waste stream burns well, which means
that successful recycling programs eliminate the need for incinerators.
By renaming garbage incinerators an.? promoting them as ''resource
recovery'' or ''waste-to-energy'' facilities that generate steam and/or
electricity, the industry and its promotes attempt to use energy utility
laws to their own financial benefit and to give the false impression of
greater efficiency with the Orwellian insinuation that materials destruc-
tion is a form of ''resource recovery.''
Wheelabrator: WMI's Front Company
Return to Table of Contents - Section 3
In 1988, WMI acquired 23 percent ownership of Wheelabrator Tech-
oologies, Inc. (Wheelabrator) by merging with Wheelabrator's corporate
predecessor, the Wheelabrator Group, to form the nation's largest
developer and operator of waste-to-energy incinerators. Wheelabrator is
also involved in construction and operation of sewage sludge incinerators
page 97
and wastewater treatment facilities. In April of 1990, WMI acquired an additional 32 percent stake, bringing its tool holdings to 55 percent, Ap- pointments to Wheelabrator's bard 'mclude Dean Buntrock ('rs CEO), Phillip thymey 4<1 President and Chief Operating Officer), Wib liam Hulligan (senior Vice President and Chief of WMI of North America), aud Donald 171lnn (WMI Senior Vice President). (407)
Wheelabrator has a history of environmental law violations and broken promises of its own. Close analysis of Wheelabrator incinerator operations has been conducted by both Work On Waste USA, Inc. and the Clean Water Action Fund's Research aud Technical Center. (406) In. Clean Water Action's Executive Summary of their read on Wheelabrator they revealed that most of the communities they surveyed that host a Wheelabrator incinerator experienced the following:
- payments or subsidies to the communities were far less than original ly projected by Wheelabrator or city planners; several communities experienced serious revenue losses;
- fees (principally tipping fees) for garbage disposal were far higher than promised;
- contracts with Wheelabrator frequently force the host municipality to absorb very high capital costs not confined in the original con- tract;
- incinerators and ash handfuls owned and/or or-rated by Wheelabrator or associated with these projects have led to numerous environmental problems and public complaints. These include ash disposal, air emissions, and other citizen complaints like truck traf- fic, odors, and trash accumulation.
WMI's contribution to Wheelabrator includes established trash collec- tion contracts and access to landfall sites across the U.S., which it intends to make available for new ''waste-to-energy'' incinerates and for ash dis- msal. (420) WMI has had plans to open as many as 80 waste-to-energy facilities at its laudes. (307) Air the merger, Wheelabrator continued operating a total of nine U.S. ''waste%energf' plants, with more than a dozen additional new plants in various stages of development. cl's par- ticipation ensures a greater push for ''waste-to-energy'' plants. Wheelabrator will absorb 'rs Tampa incinerator and projects develop- ing in Broward County, Florida; Dakota County, Minnesota; aud Falls Township, Pennsylvania. (420)
Return to Table of Contents - Section 3 February 1989
County officials report that the cost of building two garbage incinerators for the county has increased $66 million since <1 first estimated the facility construction costs to a total of $439.9 million. The increased costs cover the need for an interim land-ll and an incinerator retrofit with an acid gas scrubber. The incinerator was turned over by WMI before con- page 98
struction to Wheelabrator Technologies, Inc.
Homeowners are expected to pay collection fees of twice what was
originally estimated in order to foot the bill. ''people are just going to
have to belly up to the bar and pay the price,'' says Harvey Bush, cl's
Environmental Engineering Manager. Another estimate places the cost
at $700 million. Pompano Beach and two other Broward communities
III take no part in the project. The two plants are expected to generate
14,000 tons of toxic ash per year. (281)
In 1987, the WY. Lauderdale Sun-sentinel reported that Robert Kauth,
an Assistant Broward County Administrator, now a WMI lobbyist in
Florida, reportedly knew before he berme a <1 lobbyist that WMI had
overcharged Broward County homeowners an estimated $1,000,000 be-
tweenlg77 =4 1980. (274)
Kauth and other county officials reportedly admitted publicly that they
had known abut the overcharges for at least a year. The money was
never repaid. Kauth left the county in April J98l. He joined Waste
Management that summer to become a vice president in the firm's Pom-
pano Beach once.
Tampa, Florida
Return to Table of Contents - Section 3
WMI points to its Tampa incinerator as la piece de resistance of the gar-
bage incinerator industry. However, since opening in 1986, the garbage
burner has faced problems with air emissions, ash runoff, and financial
disappointment.
According to a Ft. Lauderdale News/Sun.-Sentinel investigation, runoff
from the incinerator's toxic ash was directed into a ditch that flows to a
nearby bay. The Florida Department of Environmental Regulations or-
dered WMI to prevent the ash run off from going into the ditch. (280)
For 17 months, WMI (lid not turn on pollution control equipment when
turning on the furnace, causing the potential emission of large volumes of
air pollutants. (280) Furthermore, the Tampa incinerator was built on
the hope of generating substantial revenue for the city. Electricity sales
generated by the incinerator, however, have raised just half of what was
anticipated. (280) In fact, the incinerator is losing money. According to
Tampa's Internal Audit Department, the trash burner which cost $100
million to build, lost $6 million in J986 and $1.5 million in 1987. (310)
The Paellas County, Florida, Wheelabrator incinerator is planning to
dispose of its highly contaminated ash in the ocean in the form of artifi-
cial reefs once it has the necessary state permits. The incinerator plans
to double its capacity to 6,000 tons per day, which would make it the
largest in the world. (714) The Pinellas County incinerator is permitted
to emit thousands of pounds of mercury annually. (714) The nearby
Florida Everglades are already highly contaminated with mercury-fish
consumption advisories exist for the largemouth bass and other fish. In
1989, one of less than 50 remaining Florida panthers was found dead in
the Everglades with what state officials concluded was mercury poisoning.
Offcials of the town of Pinellas, dissatisfied with the plant, decided to
divert their trash away from the incinerator and initiate a recycling pro-
page 99
gram instead. Unfortunately, the company they went with to start that
recycling program was another WMI subsidiary, 'cycle America. (714)
New York, New York
Return to Table of Contents - Section 31991
After reveling a campaign promise to support recycling and institute a
moratorium on incinerator construction, Mayor David Dinkins is moving
the city toward incineration. Dies' deputy mayor, Norman Steisel, is at
the center of the push, which includes plans for a Wheelabrator facility in
the Br-klyn Navy Yard. The incinerators are to be financed with the
help of Lazare Freres, an investment house (and former Steisel employer)
that is working to arrange the adding for the incinerators. A 1985 con-
tract signed by Steisel when he was former Mayor Koch's sanitation com-
missioner guarantees the delivery of 3,000 tons of garbage to the
Brooklyn incinerator. The contract's inflation clause and added costs have
raised the planned incinerators price from $290 million to at least $559
million.. (774)
Bucks County, Pennsylvania
Return to Table of Contents - Section 31988
WMI buys 180 acres offend in Falls Township on which it would like to
build a l00-ton-per-day garbage incinerator by 1994. (289)
Epping, New Hampshire
Return to Table of Contents - Section 34-1989
Permits are pending for a proposed l,000-ton-per-day waste-to-energy
trash incinerator in Epping, New Hampshire. It is reported that if
Wheelabrator receives its permits, it well control at least 60 percent of the
garbage disposal market in New Hampshire. (407)
Citizens for Responsible Waste Management, a grassroots citizens'
poop based in New Hampshire, requests that the state attorney's office
investigate possible antitrust law violations by WMI and Wheelabrator
Technologies, Inc. (407)
page 100
RECYCLE AMERICA: WMI'S RECYCLING OPERATIONS
Return to Table of Contents - Section 3Televisions across America have been filled with advertisements market-
ing an image of <1 leading the country's recycling efforts. Yet very lit-
tle waste handled by WMI is ever recycled. In fact, in 1989 WMI only
recycled waste from less than 20 percent of the homes from which they
hauled garbage. While that 'pre ls increasing every year, what remains
to be seen is whether higher recycling rates will translate into economic
behests for the communities that recycle and compost, or whether higher
material recovery rates will translate into greater profits for <1 as At
controls how those recovered materials are marketed.
Until now, WMI has benefited from its recycling program principally
as a means of improving its image, acquiring dominant market share, and
diffusing opposition to the disposal of increasing volumes of waste of all
types. 'rs entire existence ls based on their increased control of all
kinds of waste. The company therefore offers recycling as a token to
recent environmental awareness, while doing nothing to promote the over-
all reduction of wastes generated to begin with.
'rs recycling program barely breaks even. In March of 1990, Am,sf-
oess Wee! reported that ''even though recycling has yet to turn a profit,
it's working as a sort of loss leader to pull zn business for cl's landfill
operations, which boast a pretor profit margin of 20%.** (608) Where
Recycle America (WMI's recycling division) and Recycle First
(Wheelabrator's recycling division) operate extensive curbside recycling
programs, the company has not eliminated the use of landfills or m-
cinerators, which make up for the failure of its recycling program.
page 101
Because it wishes to maintain its dominant position in the garbage-
hauling industry while facing public pressure to increase recycling
proems, '1 has begun to include recycling as a small component of
an ''migrated waste management strategy.'' Yet there is a convict be-
tween elective reduction and recycling programs and sandalling or in-
cineration. Truly successful reduction and recycling proems threaten
cl's bottom line by reducing reliance on fandoms and incinerators. As
long as the company makes money from waste disposal rather than recy-
cling, composting, or reduction, it will get in the we! of true solutions and
III run recycling programs with an eye toward minimizing their success
and directing the waste stream toward a disposal facility. Many towns
under contract to <1 are bound by ''flow control'' clauses (also called
''put or pay'' provisions) that electively commit the trash to an incinerator
often because of the financial commitments that must be met once an. in-
cinerator is built.
Currently, the U.S. recycled abut 13 percent of its solid waste. The
EPA has set a national goal of 25 percent reduction in the waste stream
through recycling, a token percentage that groped for areas stuck with
incinerators. WMI oaters such as William Hulhgam President of WMI of
North America, claim onlylo to 20 percent of the waste stream can be
recycled, while failing to emphasize the need for reduction of the volume
and toxicity of waste. (575) Studies such as the programs conducted by
the Center for Biology of Natural Systems have shown between 70 and 90
percent of the solid waste strep can be diverted from disposal facilities
through comprehensive recycling and waste reduction programs. (607)
One of the major obstacles to reaching high recycling rates is the
ability of recallers to find markets for recovered materials. This is espe-
cially true with its-consumer paper and cardboard. In 1990, WMJ
withdrew from a planned joint venture with the Jefferson Summit County,
a major recycled newsprint reclamation company. The deal would have
guaranteed WMI a market for collected recyclable paper and would have
guaranteed Jefferson Smurks a supply. Months lair, WMI entered into
a similar agreement with Stone Container Corp. and bought U.S. icy
cling, one of the world's largest processors of waste pair. Meanwhile,
residents of Camden, Arkansas, witnessed WMI dumping newspapers it
had picked up for ''recycing'' (712) With the new markets in place, will
the communities that maximize recycling rates obtain an economic payoff
for their efforts or will it only be the company that benefits?
Land use siting experts at Carrell Associates wrote a study analyzing
the demographic characteristics of communities least likely to resist ''local-
ly undesirable land uses'' such as incinerators. (485) The authors of the
study conclude the public is more likely to accept new incinerators if the
projects are presented with a recycling component. (485) ''integrated
solid waste management'' is a term commonly used by operators of
land-ls and garbage incinerators who have proposed weak recycling and
composting programs as an afterthought to solid waste plans in order to
soon up opposition to new or expanded disuse operations. In Carson-
vine, Michigan, for instance, WMI officials intent on obtaining a landfill
expansion permit decided to distribute hundreds of plastic bags to be used
page 102
for receivables, which they hoped would ''keep these yah yds (recycling
advocated odour backs.'' (515)
In eject, Recycle America, Mrs recycling subsidiaries is ''a minor com-
ponent of 'rs waste hauling and landfilling business,'' a front opera-
tion which, while is beings in little revenue, attracts the lion's share of
public relations' attention while most of the waste the company handles is
dumped or burned. (515) In 1990, for instance. <1 incinerated five
times the amount of garbage it recycled. (767) cl's recycling program
also maintains the company's ability to squeeze out local non-profit and
small for-profit readers, in effect ensuring that environmental progress
does not translate into economic benefi-ts for a local community.
Complaints are frequent from communities where Recycle America has
obtained local contracts. The variety of problems range from Prince Geor-
ges County, Maryland, where the recycling bidding process was set up to
exclude smaller non-profit companies, to Camden and Fayetteville, Arkan-
sas, where residents have tailed WMI recycling vehicles to one of its
dumps. In Seattle, a city that has set a 60 ardent recycling goal, Recycle
America won city recycling contracts by omitting the cost of local utility
taxes, coming in with a bid lower than leal independents who did include
the taxes in their bias. (7234
WMI has also used recycling programs as a ''bait and switch'' tactic. An
Lima, Ohio, for instance, where the company ran into strong opposition to
a new Randall proposal, WMI came back and won the city's contract for its
mandatory recycling program. Yet the way WMI has run the recycling
program has resulted m falling participation rates, so that county officials
began to plan for a new incinerator (see Lima, Ohio, chronology below).
In Illinois, <1 has taken over the city of Chicago's ward Qop-off recy-
cling program. As of the fall of 1991, WMI was collecting a tenth of the
receivables projected in their bid. WMI is also a major player in the city's
effort to set up a ''blue bag'' recycling program, ax effort opposed by all the
city's major environmental and non-pros! recycling organizations, (see
Chicago, Illinois, entry below.)
A new law enacted m Illinois is 1990 forbids yard waste from being
land-led. The law was enacted after WMI invested in equipment to
generate electricity from methane recovered from some of the landfills.
WMI later supported attempts in the state legislature to backtrack on the
composting lep station by exempting yard waste going to such landfills.
Perhaps in an effort to bolster this effort, in July 1990, WMJ temporari-
ly shot down the yard waste processing operation at its Settler's Hill
landfall in. Kane County, Illinois, when neighbors began to complain about
odors (the company has rarely, if ever, closed a landfill or incinerator for
the same reasons. (737)
WMI and overlarge garbage haulers are using their slick bidding
strategies to squeeze out local non-profits on recycling contracts. In local
solid waste planning struggles, bidding requirements are often used to ex-
clude smaller operators or community-based programs that don't have the
same clinical influence. Performance ands, biding bonds, and a-year
eminence requirements can kill innovative community-based recycling
programs. The solution is to make the bidding requirements equitable.
page 103
Aware of WMI's motivations and history of oblations, communities
such as Oak Park, Illinois, have chosen alternative contractors over WMI,
although WMI initially submitted a lower bid for the city's recycling con-
tract in 1989. (530) The city of Tamarac, Florida, also turned down cl's
offer to handle residential recycling '''cause of uncertainty of the fair-
ness of a proposed pact.' (460 ''Recycle America'' WMI's subsidiary was
also blocked m its attempt to take over a Montevallo, Alabama, church-
based recycling program and was forced to withdraw from a proposed recy-
cling program in Tucson, Arizona. (723) In 1990, Vancouver, Canada,
also turned down WMI's bid for the local recycling contract, though initial
ly WMI was the front-runner in the bidding process. (714)
In spite of repeated problems with its Recycle America division, WMI
still calls itself the nation's leading recycles without revealing the criteria
upon which the claim is based and trumpets this ''fact'' everywhere from
corporate report covers to advertising campaigns that include commer-
cials on Public Broadcasting System stations (PBS), advertisements in
leading environmental magazines such as the WfHervess Safety
mafo,zzrt,e and Garble magazine and the magazine of the waste hauling
industry, Waste Age.
WMI's campaign to clean up its image has been somewhat successful.
The company has received numerous awards from such groups as Keep
America Beautiful (a group they helped subsidize at its creation) for their
recycling program.
In 1989, WMI hosted a congressional reception no-sponsored by 70 con-
gressmen for the National bicycling Coalition (NRCX The NRC is the
largest alliance of individuals, companies, non-profit organizations, and
government officials dedicated to promoting recycling. (432) NRC gave
WMI awards in 1987 and 1988 for its corporate leadership in recycling.
cl's recent effort to join with Dugout to build the biggest plastics
recycling plant in the U.S. avoids the ultimate answer to the solid waste
crises: reduction. Plastics production and consumption are increasing
every year. The plastics industry estimates that consumption of plastics
rests AII grow from 48 billion bunds a year in 1985 to 76 billion pounds
by the year 2002 a 36 ardent acreage. 6709) Over 12 billion pounds are
now used for packaging alone. In another decade, the volume of plastics
packing III also double, consuming 23 billion pounds of resins by the
turn of the century. (709)
Because most plastic food packaging cannot be recycled into original
products (Food and Drug Administration regulations do not permit the
recycling of packaging that comes in contact with fad), plastics recycling
does not reduce many kinds of plastics production and associated environ-
mental damage, such as generation of toxic wastes in plastics production
and depletion of non-renewable resources, With the addition of plastics
recycling plants, WMI and DuPont encourage continued reliance on toxic,
nondegradable, non-recyclable materials. (WMI pulled out of the joint ven-
ture in 1991 because it wasn't profitable. WMI continued to collect and
supply plastics to Dupont.)
Waste Management's self-promoted image as a recycled should not,
therefore, be confused with sincere waste prevention efforts, WMI's inter-
page 104
est in maximizing their control over the waste stream works against true
solutions such as waste reduction and minimization, efforts which, if im-
plemented, reduce the need for cl's waste disposal services. For a pack-
et of model ordinances, write to the Greenpeace Garbage Prevention Plan,
1436 U St., N.W., Washington., DC 20009.
The following are some examples of WMI's recycling practices.
Little Rock, Arkansas
Return to Table of Contents - Section 3March 1991
The Arkansas Gazette reports that heavy lobbying by WMI and Browning-
Ferris Industries (BFI) derailed part of Governor Bill Clinton's package of
garbage and recycling bills in a Senate Committee. The paper quoted
Rep. Bonum Gibson of Dermott (sponsor of the bills) as saying, ''We all
know what III happen impose bills don't pass. BFI and Waste Manage-
Management will lie the two czars of the state in five years, and we'll pay
whatever garbage fees they want us to pay.'' (750)
Oceanside, California
Return to Table of Contents - Section 31989
Grassroots leader Charisse Krieger blows the whistle on Mrs ''recycling
centerp'' for operating as an unpermitted transfer station. The protest
prompts the county to order city officials to either shut the facility down
or require <1 to go through a formal permitting process. (621)
San Jose, California
Return to Table of Contents - Section 31987
Waste Management, Inc. wins a battle with BFI for the San Jose garbage
contracts by offering cheaper service and a recycling program. <1
receives an award from the city for its recycling program and wins a $360
minion zn-yea' contract in Portland, Oregon, after flying prominent
citizens to San Jose Nevertheless, WMI continues to dump most of the
waste it collects in So Jose in a landfall in Santa Clara County. (290)
The landfill began leaking in the winter of 1988. (362, 363)
Southern Alameda County, California
Return to Table of Contents - Section 31987
A citizens' committee and the Fremont City Council reject plans by WMI
subsidiary, Oakland Scavenger, to build a garbage incinerator. Instead,
page 105
the region calls for a comprehensive curbside recycling program, operated
by Oakland Scavenger. It takes Oakland Scavenger eight months to
agree to begin planning such a program.
One county politician, Gerald Abelson, says 'The/re moving a hell of
a lot slower than they should be.' Oakland Scavenger is only targeting a
10 percent reduction of the waste stream going to the local landfill. (291)
Broward County, Florida
Return to Table of Contents - Section 3February 1989
Because of a state law, municipalities in Florida are required to consider
recycling proposals from trash pickup contractors before they consider
other waste disposal methods. The Fort Lauderdale Sun-Sentinel reports
that WMI has 'discouraged such programs by claiming that start-up costs
are prohibitively high. (501) At the same time, garbage disposal fees for
home owners in Broward County are expected to double between 1989
and 1992 accuse of cost overruns associated with development of an in-
cinerator/landfill complex involving WMI and Wheelabrator Technologies,
Inc. The added costs are due to use of an interim landfill and the addition
of an acid gas scrubber on the incinerator. (502)
Tamarac, Florida
Return to Table of Contents - Section 3October 1988
City officials negotiate with Waste Management, loc. to set up a multi-
material recycling program. The program is stalled by lengthy negotia-
tion between WMI and the city. ''I'm really sick of talking about this''
says Mayor Norman Abramowitz. ''It's get a contract from Waste
Management, Inc. that is satisfactory or go elsewhere''. (3334
Chicago, Illinois
Return to Table of Contents - Section 31991
WMI is one of several companies submitting bids to operate the city's
''blue bag'' recycling program. The program, criticized by local environmen-
talists and non-profit reorders, is likely to develop into a costly fiasco. Ap-
plying unproven collection methods (commingling and collection of
receivables thrown into compactor trucks and sorted out at material
recovery facilities), the program sews the seeds of its own failure and
clears the path for continued landholding and expanded incineration.
According to a leal pair, an anonymous ''reliable source'' reported
that ''a representative of Waste Management approached top mayoral
sides sometime early in 1990 with a proposal very much like the one the
mayor later announced. According to is source, the figures used to jus-
tify the city' s claims for dramatic cost savings, which have never been ex-
page 106
placed or documented, are derived mainly from Waste Management's
secret proposal. City officials reportedly concluded that as Waste Manage-
Management is not in the business of losing money, its propose must be a sound
one'' 4773)
The soundness of the prop-am has been called into question by just
a%ut everyone except the city, WMI, and its trade association, the Na-
tional Solid Waste Management Association, which gave the city an ''inde-
pendent'' assessment of (hp plan. The secrecy of the bidding and proposal
development process, the lack of attention to neighborhood diversity, and
the certainty that commingling processes GZI damage and contaminate a
large percentage of the materials collected are just a few aspects of the
arousal criticized by the city's major recycling advocates. (Sue 773 =4
contact the Chicago Recycling Coalition-see Appendix J for a detailed
description of problems with the city's program.)
Carsonville, Michigan
Return to Table of Contents - Section 31988
WMI uses a recycling program to try to diffuse local opposition from a
group of residents, the Citizens Against Rural Exploitation (CAREX and
obtain a permit to expand its Tri-city landfill. WMI changes the name of
its landfill to the Tri-city Recycling and Disposal Facility to reflect what
it calls a ''recycling drop off center.'' The name change occurs within
weeks of WMI application for a 15-acre landfill expansion permit. War
on Waste, a book about the solid waste crisis, later reveals how WMI offi-
cials used the proposed recycling program to attempt to diffuse opposition
from CARE:
One day, a Waste Management secretary, who later would quit the copany and join the CARE group, overheart these (WMI) officials complaining about their problems. The company had decided to develop its own "recycling program," which consisted of ditributing hundreds of plastic bags to be used for recyclables. On the bags, the name of Waste Management would displayed, along with a picture of Iron Eyes Cody, the Los Angels-based Indian (sic) who had been widely seen in advertisements promoting anti-litter campaigns. The company executives were hopeful that this effort would be sufficient, as one official remarked, to "keep these yah yahs (recycling advocates) off our backs." ... It wasn't long after that episode that (WMI) officials showed up at a county meeting to discuss the five-year update of the County Solid Waste Management Plan, required by Michigan solid waste laws. "They came in with their three piece suits, their attorneys, and all their falsh and glitter," recalled CARE activist Renee O'Connell. "All through the meeting they talked about how they recycled. When we asked them why they didn't have anything more to show for all their talk about a big recycling push, they exclaimed, 'Oh, don't worry, we're just beginning to set it all up.' In fact it seemed clear to us they just wanted to distract attention from theri expansion plans." (515)
page 107
Lima, Ohio
Return to Table of Contents - Section 31989
WMI makes a successful bid to take over the city's mandatory recycling
program, although its local representatives know very little about how to
run such a program. Jack de Witt, the loca! WMI executive, claims that
cl's recycling efforts are a ''fully operational, viable enterprise,'' though
in an interview a few days after his presentation de Witt admits that he is
''not familiar with Recycle America/' and doesn't know how to operate a
curbside recycling program. He ''wasn't even clear just what 'cycle
America did m the first place'' (515)
After a WMI landfill proposal was defeated in nearby Spencerville,
Lima was under pressure to find a solution to its landfill crisis. Lima con-
tracted with WMI to run its recycling program. WMI began charging
households $2 per month, no matter how much residents put on the curb
and how much they already paid to the city for garbage hauling. People
who did not properly separate their receivables received one warning
before the company would no longer pick up both receivables and non-
recyclable waste. Participation rates plummeted and the county began
planning for a new incinerator. (mall organizer Sally Teats says, ''I'm
really upset with this whole situation. I know they're going to blame the
people for the failure of the recycling program. Boot it's not their fault.
It's Waste Management's fault because of the way they set the recycling
program up. It was destined to fail from the beginning.'' (7234
Seattle, Washington
Return to Table of Contents - Section 3
WMI has touted its Recycle America program in Seattle as a model. But
city officials have also charged WMI's local subsidiary with dodging
$400,000 in local taxes. Art Dudzinski, WMI regional chief, says the sub-
sidiary ''apparently on its own, just decided not to pay'' the tax. Other
haulers complain they lost out on contracts accuse they included the
taxes in their bids, but WMI did not. (621)
MEDICAL WASTE INCINERATORS
Return to Table of Contents - Section 3
Medical waste incinerators are a source of toxic air emissions, especially
dioxids and cadmium. (673) Other emissions include brans, mercury,
lead, and low-level radioactivity. (673) Emissions can also include ben-
zene and a variety of organochlorines. (673)
Infectious waste makes up about 15 percent of the waste stream in a
typical hospital. Plastics make up a high perrcentage of infectious waste
(14 to 30 percent by weight compared with 3 to 7 percent in municipal
waste, which, when incinerated results in emissions of metals and
chlorinated compounds like dioxins and furons. (673) Instead of incinera-
tion, many hospitals are looking into steam sterilization (autoclaving) and
other methods of handling their waste coupled with programs to keep inw
factious waste separate from other hospital waste streams that are recycl-
able. Hospitals are also examining the supplies they use in order to phase
out the use of materials that are unsafe when disused.
page 108
those listed below and others in Arizona, Colorado, Indiana, New
Hampshire, North Carolina (charlotte, and Wisconsin (Germantown.
Two more were expected to start up soon therefor, and four more are
planed to be operating by mid-1990. In all, 18 facilities are planned. (432)
Franklin County, Mississippi
Return to Table of Contents - Section 3January 1990
WMI picks the Franklin County Industrial Park near Bude as the site for
a new medical waste incinerator. The site is one of six possible locations
WMI has considered, including the city of earthier in Jackson County.
(553) Own developers will propose many disposal facilities within a
region in, order to find the path of least resistance. This scatterplot tactic
is often used to divide communities within a region in order to redirect op-
position away from the company during a siting battle.
Jackson Township, Ohio
March 1989
Ohio EPA inspectors find three violations at Mrs Multi Tech In-
dustries, Inc. medical waste incinerator)leachate is observed draining
from ash storage containers and office storage pad; 2) bag house dust is
spilling from storage containers and blowing out of roll-off boxes; 3) The
facility is operating without a valid solid waste disposal license. (675)
Terrell, Texas
Return to Table of Contents - Section 3
WMI leased an old incinerator from the City of Terrell in 1988 for a total
of $600,000 for 10 years. (569) The company eventually received the cit! s
own operating permits, even though they were not transferable as writ-
ten. (569, 570)
What follows is a chronology of problems at WMI's Terrell medical
waste incinerator.
October 20, 1988
The Texas Department of Health (TDH) rules that the city's incinerator
edit must be amended through a permit amendment process before it
was transferred to WMI to burn infectious waste. The original permit does
not allow for incineration of infectious waste or person-to-person transfer-
ral and was written for equipment that WMI late, replaced. (561)
A local citizen opposed to Mrs plans mints out that the incinerator
had been ''abandoned and deemed unusable for three years prior to trans-
fer, in effect canceling the existing permits. (5634 The 'OH, which issued
the permits in 1975 to the city, responds that the site had not been abate
domed because ''the annual fees for the site were still being paid although
page 109
the site was inactive because of needed repairs.'' (564) Yet in a September
20, 1988, news release, Lenny Lambert, Terrell's City Manager, noted
that ''In 1984, it was concluded that it was less expensive to landfill the
waste than to burn it and the incinerator facility was abandoned.'' (565)
Moreover, even though TDH records indicate that the facility was neither
open nor closed but in ''maintenance'' status, the record of fees paid for
1987 indicates the city! paid $100 (the fee for a landfill), not the $200 fee
(for ''processing facilities'') that would have been required to keep the in-
cinerator open. (566)
October 28, 1988
The city manager asks TDH for an administrative decision on the permit
lepage to reverse its earlier decision denying <1 the permit transfer,
basmg his agument largely on consideration of financial loss to the city.
(562)
December 7, 1988
The city's TDH permit is transferred to WMI subsidiary American Con-
tainer Services, Inc. (ACSX through an expedited administrative process
rather than the permit amendment process that would normally be re-
quired accuse of restrictions contained in the permit. (572)
January 20, 1989
The Texas Air Control Board writes that ''separate authorization from the
TACB is not required'' for the project to proceed, in effect deferring to
TDR'S decision. (571)
October 12, 1989
WMI begins burning medical waste. (573)
October 30, 1989
TDH construction inspectors note that the facility is operating without a
Geiger counter (to monitor for radioactive waste) and without a cover for
the ash disposal machinery. Existing air permits for the three former
burners remain in the city's possession-in effect WMI has no air permit
So oblate. '1 replaced. the prior system with new equipment, which
should have blocked the transfer of the TDH permits (since they were is-
sued for entirely different equipment) as well as the Texas Air Control
Board (TACB) permits, which had not yet ken transferred and applied
only to the old equipment. (568)
November 19, 1989
The medical waste incinerator has been in operation nearly a month
without a TACB review of incinerator plans or air quality testing. WMI
claims it is not in ''operation'' but only testing the facility in anticipation
of receiving a TACB permit. (567)
November 30, 1989
The TACB writes TDH that their ''initial review indicates that the facility
was not modified as represented in the application'' (574)
December 22, 1989
In reaction to TACH'S letter, TDH asks WMI to supply information about
the new incinerator equipment. TDH restricts <1 to test burns until
TACB resends, saying, ''This facility must not be operated on a full time
basis.'' (575)
page 110