Blue Ridge Environmental Defense League
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VIRGINIA GOVERNOR UPSET WITH WASTE MANAGEMENT

News Release

Office of Virginia Governor Gilmore

Contact: Mark A. Miner
Phone: (804) 692-3110

For Immediate Release
Feb. 11, 1999

Governor Gilmore Announces Discovery of Medical Waste Dumping at Charles City County Landfill

RICHMOND- Governor Gilmore today announced that inspectors from the Department of Environmental Quality (DEQ) discovered a truck unloading medical waste from New York City at the Charles City County landfill Wednesday, as part of Operation Trashnet, a three-day program of spot inspections of trucks hauling solid waste.

"Waste Management has shown a callous disregard for the citizens of the Commonwealth of Virginia," Governor Gilmore said. "As Governor, I will not tolerate this action. Yesterday's discovery serves as a sobering reminder that the General Assembly must cap solid waste deposits in our landfills and develop regulations for the transportation of solid waste by truck this year."

Governor Jim Gilmore has asked Attorney General Mark Earley to seek an injunction in Charles City County Circuit Court prohibiting Waste Management Inc. from transporting any more medical waste into Virginia, under a maximum penalty of $25,000 fine per day for each occurrence. Waste Management owns the transfer station in Brooklyn that was the source of the medical waste. The company also operates the Charles City landfill. This is the fourth incident involving transport of unauthorized medical waste into Virginia by Waste Management.

DEQ officials have evidence from the unauthorized load that appears to be regulated medical waste, including red-stained sheets with New York hospital identification tags, biohazard bags and needles. The medical waste was removed from the landfill Wednesday, transported under escort by DEQ to a medical waste treatment facility in Chesapeake, and examined this morning by ten DEQ inspectors. DEQ anticipates noting more than 20 violations in a Notice of Violation to be issued shortly. This would result in a civil penalty of $500,000.

In view of the seriousness of these violations, Governor Gilmore also directed the Department of Motor Vehicles (DMV) to explore the lifting of Waste Management's credentials to operate its trucks on Virginia's roadways.

"DEQ will investigate this situation thoroughly and will vigorously pursue appropriate enforcement actions," DEQ Director Dennis H. Treacy said. "Our goals are to protect the health of people who may be exposed to unauthorized waste such as this, to preserve the integrity of Virginia's solid waste management system and to alleviate our citizens' concerns about medical waste."

DEQ issued a notice of violation to the truck driver and is investigating other possible violations related to this incident and to a 1998 consent order against Waste Management for earlier medical waste violations.

In November 1998, DEQ issued a consent order against the company for three other violations in 1997 and 1998. Yesterday's medical waste came from the same Brooklyn transfer station that was the source of unauthorized medical waste transported into Virginia in 1998.

As a result of that enforcement action, Waste Management said it was working with the New York health care industry and state and local agencies to properly segregate waste types where they are generated. The company said it had rerouted waste to ensure that transfer stations shipping solid waste to Virginia no longer accept any waste material from New York health care facilities.

The consent order required Waste Management to pay a $125,000 civil charge, of which $70,000 was paid to the Virginia Emergency Environmental Response Fund to help with cleanups of environmental emergencies. In addition, $55,000 was used to produce two training videos based on regulatory requirements for regulated medical waste generators and transporters, for use and dissemination by DEQ.

When the medical waste was discovered at Charles City on Wednesday, the landfill staff responded immediately and took steps to remove it from the landfill. DEQ inspectors witnessed the medical waste being unloaded from the truck, and issued a notice of violation to the driver.

This was the only serious incident involving unauthorized waste discovered during three days of unannounced safety and environmental inspections of trash-hauling trucks by Virginia, seven other states and the District of Columbia. State Police and DEQ inspectors conducted random checks this week at landfills in Amelia, Charles City, King George and Sussex counties.

The House of Delegates and the Senate have passed Governor Gilmore's legislation, patroned by Sen. Bill Bolling (R-Hanover) and Del. Kirk Cox (R-Colonial Heights), that would place a daily limit on the amount of solid waste that a landfill can take and empower DEQ to regulate and permit transportation of waste by truck. The Governor also strongly supports legislation proposed by Del. Harvey Morgan (R-Gloucester) that would increase penalties for improper transportation and disposal of medical waste.

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