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Lawsuit filed over operation of landfill
September 22, 2006
4:07 AM
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Waste Transfer Systems LLC, owner of the land that was once a construction demolition debris landfill, has sued Warren Recycling Inc., the company that ran the landfill in Ohio.

The lawsuit was filed on behalf of Atty. Gilbert L. Rieger of Warren, statutory agent for Waste Transfer. Rieger said he is part owner of Waste Transfer, and Anthony DiCenso Jr. is primary owner.

The suit names Regus Industries, LLC of Fostoria, Ohio, and West Seneca, N.Y., and two employees.

The suit seeks more than $100,000 in damages from the defendants, who operated the landfill between 2002 and 2004, saying they caused the landfill to close at the end of 2004 after officials discovered violations of laws and regulations.

The suit says Regus delivered material to the landfill that it falsely claimed to be construction demolition and debris but which was actually solid waste. Regus was the corporate parent of Warren Hills LLC, the suit says.

The suit also names Jack Stacy of Medina, Ohio, former site manager, and Gordon Reger of East Aurora, N.Y., a Regus employee. Stacy had responsibility for day-to-day operations of the landfill, and Reger had "ultimate responsibility for the decision to bring huge volumes of solid waste to the ... landfill," the suit says.

The defendants operated the landfill on Martin Luther King Boulevard in a manner that caused the generation and/or release of hydrogen sulfide gas, the suit says, and the defendants knew the gas was being generated and released.

The suit says the defendants also caused damage to Waste Transfer's property, diminished the property's value and exposed Waste Transfer Systems to the risk of liability for the claims of adjoining landowners and various state, federal and local government entities.

The U.S. Environmental Protection Agency ordered a $4 million cleanup of the landfill and later took over the cleanup because Warren Recycling Inc. said it didn't have the money.

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