Advanced Disposal, doing business as MLI, submitted a motion to suspend enforcement of the decision of the Vermont Agency of Natural Resources (ANR) requiring MLI to cease operations at its Moretown Landfill by April 15 and to allow MLI to maintain its operations under the existing ANR solid waste certification until further order of the court. The company also filed an emergency motion for an expedited hearing. The appeal was filed on Friday, March 29, and the motions were filed today.
The filings today would allow the court to assess the legality of ANR's decision to order MLI to cease all waste acceptance operations by April 15, before the Environmental Court makes a final determination as required by Section 814(b) of the Vermont Administrative Procedure Act ("VAPA") and to allow the facility to continue operations during the de novo court proceeding.
MLI believes it has a statutory right under 814(b) of VAPA, along with due process rights to continue to operate under its existing cell 3 certification once it filed its appeal to the Environmental Court. ANR has been reviewing the renewal certification application for close to four years and continued to operate the landfill pursuant to its rights under 814(b). Once an appeal is filed with the Environmental Court, MLI's rights to continue to operate under 814(b) remain in effect. MLI looks forward to its day in court, which will be its first opportunity to present non-considered facts and testimony associated with the facility:
$1 million plus infrastructure and operational improvements made to the site since Advanced Disposal assumed control of the site on September 1, 2012;
ANR's unsubstantiated analysis of odor complaints, along with odor issues associated with the neighboring composting facility;
ANR reliance upon non-proven and non-reliable ground water issues when they were excluded from the notice of intent to deny letter; and
Job lay-offs and lost revenue to the local community in excess of $500,000 annually.
In today's filings, MLI requests a decision by the Environmental Court by April 15 on whether MLI can continue to accept waste while the appeal is pending at Environmental Court.
About Advanced Disposal
Advanced Disposal is the largest privately-owned environmental services company in the United States providing integrated, non-hazardous solid waste collection, transfer, recycling and disposal services in the Eastern United States. Advanced Disposal currently owns and operates commercial, industrial, and residential solid waste collection operations, municipal solid waste landfills, transfer stations, and recycling facilities. Advanced Disposal is dedicated to preserving the environment and ensuring that all operations are conducted in a manner that follows all local, state, and federal laws in regards to environmental protection. Advanced Disposal is headquartered in Northeast Florida and has operations in Alabama, Florida, Georgia, Illinois, Indiana, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, Vermont, Wisconsin and the Bahamas. For more information regarding Advanced Disposal, please visit www.AdvancedDisposal.com or on Facebook at www.facebook.com/AdvancedDisposal
WATERBURY, Vt. (April 2, 2013) - Advanced Disposal