IN THE UNITED STATES DISTRICT COURT|
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
ALLIED WASTE INDUSTRIES, INC.,
Civil Action No. 99-01962 RU
Date: August 2, 2004
Judge Ricardo M. Urbina
WHEREAS, the United States, having filed its Petition for an Order To Show Cause Why
Respondent Allied Waste Industries, Inc. Should Not Be Found in Civil Contempt ("Petition to
Show Cause"), on August 2, 2004, and the Respondent, Allied Waste Industries, Inc. ("Allied"),
having consented to the entry of this Enforcement Order without trial or adjudication of any issue
of fact or law and without this Enforcement Order constituting any evidence against or an
admission by Allied with respect to any allegation contained in the Petition to Show Cause;
AND WHEREAS, Allied, by Stipulation, has agreed to be bound by the provisions of this
NOW, THEREFORE, before the taking of any testimony and without trial or adjudication of any
issue of fact or law herein, and upon the consent of the parties hereto, it is hereby ORDERED,
ADJUDGED, and DECREED as follows:
This Court has jurisdiction over the subject matter of, and each of the parties to, this action. The
Petition to Show Cause states a claim upon which relief may be granted against Allied under 18 U.S.C. § 401(3) and under Section XIII of the Modified Final Judgment ("MFJ") entered in
this Court on May 19, 2000, in United States v. Allied Waste Industries, Inc. and Browning-Ferris Industries, Inc., No. 1:99 CV 01962.
APPLICABILITY AND EFFECT
- The provisions of this Enforcement Order shall be binding upon Allied, its successors and
assigns, and those persons in active concert or participation with Allied who receive
actual notice of this Enforcement Order.
- This Enforcement Order constitutes a full and complete disposition of the violation
alleged by the United States in its Petition to Show Cause, and shall be a bar to any
proceeding under the antitrust laws (15 U.S.C. § 1, et seq., 18 U.S.C. § 401) or any
provision of the MFJ by the United States against Allied exclusively based or arising out
of the same violation.
- Nothing in this Enforcement Order shall bar the United States from seeking, or the Court
from imposing, on Allied any other relief available under any applicable provision of law
for violation of the MFJ or this Enforcement Order, other than those arising out of the
allegations in the Petition to Show Cause.
- For the purposes of construing the provisions of the MFJ and this Order, the term "Fall
River Landfill" means the landfill located at 1080 Airport Road, Fall River,
Massachusetts, and any expansions thereof.
- For the purposes of construing the provisions of the MFJ and this Order, the term
"closure" means the permanent closure of the entire Fall River Landfill.
- The airspace disposal rights divested by Allied to American Ref-Fuel Company ("ARC")
pursuant to the MFJ ("Disposal Rights") shall expire only upon the earlier of the closure
of the Fall River Landfill or the expiration of the MFJ. The Disposal Rights shall not
expire upon any temporary interruption in operations at the Fall River Landfill, whatever
the cause of such interruption.
- Pursuant to the MFJ, Allied shall accept ash and bypass waste from the SEMASS waste-to-energy incinerator divested to ARC pursuant to the MFJ according to the terms and
conditions of the Disposal Agreement, entered into by Allied and ARC and effective
October 1, 2000, at all times when the landfill is open and accepting waste from any
source until the expiration of the MFJ.
- Allied shall not use any ruling or judgment in the Superior Court for Massachusetts action
styled SEMASS Partnership v. Browning-Ferris Industries, Inc., Civil Action No. 03-3223 (Middlesex County), and any related or similar action, as grounds for refusing to
accept ash and bypass waste from ARC at the Fall River Landfill according to the terms
and conditions of the Disposal Agreement.
- Allied shall, within five days of the filing of this Order, notify ARC that: 1) the Disposal
Rights at Allied's Fall River Landfill did not terminate upon the closing of Phase II, Cell
D; 2) Allied will offer disposal space at the Fall River Landfill to SEMASS as required
by the MFJ when the landfill is operational pursuant to the terms and conditions of the
Disposal Agreement; and 3) the Disposal Rights will be available at any time the Fall
River Landfill is operating and shall not expire until the expiration of the MFJ.
- No later than fifteen (15) days after the entry of this Enforcement Order, Allied shall
designate a Compliance Officer to oversee and coordinate compliance with the MFJ and
this Enforcement Order. Allied shall provide the name of the individual serving as the
Compliance Officer to the United States within thirty (30) days of the entry of this
- No later than thirty (30) days after the entry of this Enforcement Order, Allied shall create
and provide to the United States a written directive setting forth Allied's policies
regarding compliance with the MFJ and this Enforcement Order, including the potential
disciplinary actions Allied shall take in the event of a violation, and a description of the
procedures to be followed to comply with the MFJ and this Enforcement Order. No later
than forty-five (45) days after the entry of this Enforcement Order, Allied shall distribute
to each officer, director, management employee, and anyone responsible for the Disposal
Rights, a copy of the MFJ, this Enforcement Order, and the written directive setting forth
Allied's policies regarding compliance with the MFJ and this Enforcement Order. In
addition, Allied shall inform in writing each officer, director, management employee, and
anyone responsible for the Disposal Rights that noncompliance with the MFJ or this
Enforcement Order shall result, in every instance, in disciplinary action by Allied, which
may include dismissal, and that noncompliance may also result in conviction for
contempt of court and imprisonment and/or fine.
- No later than forty-five (45) days after entry of this Enforcement Order and annually
thereafter, Allied shall obtain from each person to whom notice is given pursuant to Section III.B of this Enforcement Order, a certificate in substantially the following form:
The undersigned hereby (1) acknowledges receipt of the
MFJ, Enforcement Order, and a written directive setting
forth Allied's policy regarding compliance with the MFJ
and the Enforcement Order; (2) represents that the
undersigned has read such MFJ, Enforcement Order, and
written directive and understands his or her obligations for
ensuring compliance with the MFJ and the Enforcement
Order; (3) acknowledges that he or she has been advised
and understands that noncompliance with the MFJ and/or
the Enforcement Order shall result, in every case, in
disciplinary measures by Allied which may include
dismissal, and that such noncompliance may also result in
conviction for contempt of court and imprisonment and/or
fine; and (4) represents and affirms that he or she (a) is not
aware of any violations of the MFJ or Enforcement Order
occurring after entry of the Enforcement Order, or (b)
promptly notified the Compliance Officer of any violations
of which he or she has become aware.
All such certifications shall be retained by Allied, and be available for inspection
pursuant to Section V of this Enforcement Order.
- No later than sixty (60) days after the entry of this Enforcement Order and annually
thereafter, Allied shall submit to the United States certifications signed under oath by the
Compliance Officer that: (1) all steps required by this Enforcement Order and the MFJ
have been accomplished; (2) the Compliance Officer is not aware of, nor has been
informed of, any violations of either this Enforcement Order or the MFJ after the entry of
the Enforcement Order. Any suspected violations shall be identified, and the nature of
such suspected violations and any investigation conducted by Allied shall be described in
the Certification; and (3) the Compliance Officer has made a reasonable, good faith effort
to investigate any suspected violations of this Enforcement Order or the MFJ of which the
Compliance Officer has become aware.
The monitoring and visitation provisions of Section XII of the MFJ shall apply to the activities of
Allied mandated under this Enforcement Order.
DURATION OF ENFORCEMENT ORDER
This Enforcement Order shall terminate upon the expiration of the MFJ, including any
RETENTION OF JURISDICTION
Jurisdiction is retained by this Court for the purpose of enabling any of the parties to this
Enforcement Order to apply to this Court at any time for further orders and directions as may be
necessary or appropriate to carry out or construe this Enforcement Order, for the enforcement of
compliance herewith, and for the punishment of any violations hereof.
Hon. Ricardo M. Urbina
United States District Court Judge
District of Columbia
Dated: August 9, 2004