Missouri reaches settlement with Republic over landfill dispute

Missouri Attorney General Josh Hawley has announced that, after five years of litigation, a settlement has been reached between the state of Missouri and Bridgeton Landfill LLC, Jefferson City, Missouri, Allied Services LLC, Phoenix, and Republic Services Inc., Phoenix. In 2013, the state filed a lawsuit alleging violations of Missouri’s environmental regulations and asserting common law claims related to a subsurface fire at the Bridgeton Landfill. The settlement imposes extensive maintenance, monitoring and mitigation requirements on Bridgeton; commits Bridgeton’s parent company, Republic, to guarantee and financially assure those activities; and provides restitution to the community affected by the landfill fire.

The settlement (a copy of which can be seen here) was reached after years of litigation by the Attorney General’s Office, along with the Department of Natural Resources (DNR), on behalf of the community. Since the lawsuit was filed, Republic has spent more than $200 million to address the effects of the subsurface fire by developing a wastewater treatment plant, upgrading infrastructure to manage gas extraction, installing a synthetic cover to contain odors, performing extensive monitoring and performing several other mitigation activities. Under the settlement, the maintenance and mitigation of the landfill will continue under the supervision of the state.

Republic has guaranteed performance of those activities and has secured a $26 million bond and agreed to provide $61 million of additional funding to assure future performance of those obligations should any default occur. In addition, Bridgeton will establish a $12.5 million fund, to be administered by the St. Louis Community Foundation, designed to provide restitution to the members of the community in and around Bridgeton. Bridgeton also will pay $3.5 million in penalties and damages to the state.

“After years of hard-fought litigation, we have reached an agreement that holds Bridgeton accountable and recognizes the ongoing challenges faced by community,” Hawley says. “This agreement provides a path forward to ensure that the site will remain controlled and stable, and that it will continue to be closely monitored and studied under the supervision of the state. This agreement does not end our engagement with the landfill, but rather represents an ongoing commitment to ensure the site is controlled and the community protected. Our hope is that this settlement is a first step toward allowing the community to begin the healing process.”