Clean Harbors Files Injunction against Adams County for Interfering with Lawful Business Operations; Company Compelled by County Commissioners' Actions.DENVER -- Clean Harbors Environmental Services The various combinations of scientific, technical, and advisory activities (including modification processes, i.e., the influence of manmade and natural factors) required to acquire, produce, and supply information on the past, present, and future states of space, atmospheric, , Inc., the leading provider of environmental and hazardous waste Hazardous waste
Any solid, liquid, or gaseous waste materials that, if improperly managed or disposed of, may pose substantial hazards to human health and the environment. Every industrial country in the world has had problems with managing hazardous wastes. management services throughout North America North America, third largest continent (1990 est. pop. 365,000,000), c.9,400,000 sq mi (24,346,000 sq km), the northern of the two continents of the Western Hemisphere. , has been compelled to take legal action against Adams County Adams County is the name of twelve counties in the United States. Most of them are named either for John Adams, second President of the United States, or for his son, John Quincy Adams, sixth President. to stop the County Commissioners from interfering with the licensed operation of the company's hazardous waste management facility in Deer Trail, Colorado Deer Trail is a town in south-southeastern Arapahoe County, Colorado along Interstate 70, approximately 55 miles east of Denver. As of 2005, the city is estimated to have a total population of 577. .
On September 1, Clean Harbors filed a motion for preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits.
A preliminary injunction is regarded as extraordinary relief. with the Adams County District Court of Colorado. The injunction requests the following relief from the Court:
--Prevent the County from issuing any cease and desist order An order issued by an Administrative Agency or a court proscribing a person or a business entity from continuing a particular course of conduct.
The force and effect of a cease and desist order are similar to those of an Injunction issued by a court. grounded on the faulty premise that the Clean Harbors 2004 Certificate of Designation (CD) prohibits the acceptance, treatment and disposal of licensed and permitted materials;
--Prevent the County from initiating any administrative proceedings to suspend or revoke the CD, to the extent those proceedings are grounded on the faulty premise that the CD prohibits the acceptance, treatment and disposal of licensed or permitted materials;
--Grant Clean Harbors reasonable attorneys' fees and related expenses; and
--Grant any further relief that the Court deems proper.
"Clean Harbors deeply regrets having to take this defensive posture but had no choice since Adams County continues to place frivolous legal and administrative roadblocks in front of our efforts to serve Colorado's communities and environment," stated Phillip Retallick, the company's Senior Vice President for Compliance and Regulatory Affairs Regulatory Affairs (RA), also called Government Affairs, is a profession within regulated industries, such as pharmaceuticals, medical devices, energy, and banking. Regulatory Affairs professionals usually have responsibility for the following general areas:
Last month Adams County District Court Judge John E. Popovich Jr. ruled that Adams County did not have standing to sue the state of Colorado for issuing a hazardous waste permit to the Deer Trail facility in December 2005. That decision complemented a May 5 ruling by Denver District Court Judge Robert L. McGahey Jr. to dismiss Adams County's appeal of the radioactive materials disposal license that was also issued to Deer Trail by the state in December 2005.
Having been through the state's rigorous licensing and permitting processes, the Deer Trail facility was granted the ability to accept materials that fall below Colorado's statutory threshold for "radioactive waste," which is .002 microcuries per gram. This definition includes naturally occurring radioactive materials and technologically enhanced naturally occurring radioactive materials (NORM/TENORM), which are so low-level that the state specifically exempts them from regulation as a "radioactive waste."
Among other sources, NORM/TENORM materials are found in drinking water drinking water
supply of water available to animals for drinking supplied via nipples, in troughs, dams, ponds and larger natural water sources; an insufficient supply leads to dehydration; it can be the source of infection, e.g. leptospirosis, salmonellosis, or of poisoning, e.g. treatment residues that come from municipalities that must comply with the Federal Safe Drinking Water Act's new radionuclide radionuclide /ra·dio·nu·clide/ (-noo´klid) a nuclide that disintegrates with the emission of corpuscular or electromagnetic radiations.
n. maximum contaminant levels. Though Adams County already allows such residues to be disposed of in a Bennett landfill that is engineered to standards far below that of the Deer Trail facility, the Commissioners have threatened to file civil and criminal charges against Clean Harbors should it accept NORM/TENORM at Deer Trail, as it is authorized to do so by the state of Colorado.
"The County's public pronouncements have interfered with our ability to conduct business in a manner entirely consistent with state environmental regulations," noted Retallick. "The County's actions amount to harassment and have prompted Clean Harbors to act in a manner to protect the best interests of the Deer Trail facility -- and, indeed, the best interest of the citizens of Colorado, who desperately need a safe, compliant and cost-effective disposal option for the growing volume of drinking water residues their towns and cities are generating."
About Clean Harbors Environmental Services, Inc.
Clean Harbors Environmental Services, Inc. is North America's leading provider of environmental and hazardous waste management services. With an unmatched infrastructure of 48 waste management facilities, including nine landfills, five incineration incineration
the act of burning to ashes. locations and seven wastewater treatment centers, the Company provides essential services to more than 45,000 customers. Clean Harbors has more than 100 locations strategically positioned throughout North America in 36 U.S. states, six Canadian provinces, Mexico and Puerto Rico. For more information, visit www.cleanharbors.com.