Dive Brief:
- A Kentucky judge denied a motion to have Advanced Tenorm Services, BES LLC and owner Cory Hoskins dismissed from a lawsuit brought by Estill County over their alleged involvement with the disposal of radioactive waste in the local Blue Ridge landfill, as reported by the Lexington Herald Leader.
- BES does business as Advanced Tenorm, which has been accused of collecting and transporting out-of-state radioactive waste. Advanced Disposal Services, Blue Ridge Landfill and Waste Management of Kentucky have also been sued for violating the county's host agreement
- While the attorney representing BES, Advanced Tenorm and Hoskins said they weren't part of the host agreement and thus couldn't be held liable for breaching it, the judge said more discovery was needed before he made a decision.
Dive Insight:
Roughly 2,000 tons of low-level radioactive waste from natural gas drilling operations in Pennsylvania, Ohio and West Virginia was dumped at the Blue Ridge Landfill last year. According to WKYT, Illinois is the only state with an agreement to send radioactive waste to Kentucky. Based on a tip, the officials discovered the material in 47 sealed containers in February which led to serious public concern.
County officials later reported no issues in air and water tests around the site in March, but local residents are still upset and some reportedly applauded when the judge denied the motion for dismissal. Landfill operator Advanced Disposal has been talking to state officials about how this was allowed to happen and is currently in settlement discussions regarding a notice of violation.
While no criminal charges have been filed, the civil action could potentially cost these companies millions of dollars. The discovery phase is expected to begin next week and the case could continue into the fall.
