The State of Ohio’s Attorney General Marc Dann, on behalf of the Ohio EPA and the State of Ohio, filed second charges in contempt against Warren Recycling Inc. and Warren Hills LLC in the Trumbull County Common Pleas Court alleging that the company has violated the Court's November 2005 Judgment Entry on Contempt Penalties and the July 2003 Consent Order.

In the filing, the Attorney General charges that Warren Recycling and Warren Hills LLC have failed to properly manage and control leachate, failed to submit an approvable closure plan, failed to submit a post-closure plan, failed to implement groundwater monitoring, and that each Defendant failed to pay $325,000 in stipulated penalties ordered by the Court on November 16, 2005.

"Warren Recycling is the poster child for reckless mismanagement of a landfill," Attorney General Dann said. "The arrogance of the owners of Warren Recycling and Warren Hills and their almost total indifference to the health and safety of the residents living in surrounding neighborhoods is truly appalling."

"The owners of this company don't respect the environment, they don't respect the rights of residents living near their facility, and they clearly don't respect the Courts," Mr. Dann said. "We will continue to pursue them until they finally learn once and for all that they are not above the law."

In January 2005, U.S. EPA installed a leachate collection system to abate a health threat from hydrogen sulfide gas emissions caused in part by the excessive leachate at the landfill. After abating the public nuisance and then managing the leachate collection for a couple years, U.S. EPA turned over control of the leachate collection system to Warren Recycling. The continued operation and maintenance of the leachate collection system is important in preventing the reoccurrence of the past problems associated with leachate and hydrogen sulfide gas emissions that have plagued the community in the past. Among the other relief requested by the State of Ohio in the contempt charges, is that the Defendants be ordered to operate, maintain, and manage the leachate collection system at the landfill in accordance with Ohio rules.

On July 1, 2003, the Court journalized a Consent Order and Permanent Injunction, that the Warren Recycling and Warren Hills agreed too in an effort to resolve violations alleged in the State of Ohio's complaint in this matter. On March 11, 2004 the State of Ohio filed its first contempt charges for violations of the July 2003 Consent Order. On November 16, 2004, the Court found Defendants in contempt of the July 2003 Consent Order. On November 16, 2005, the Court ordered the payment of stipulated penalties for violations of the Consent Order and ordered that Defendants come into compliance with the Consent Order. To date, Warren Recycling and Warren Hills have failed to comply.