Court Rules in Favor of Metro Waste Authority

The Iowa District Court of Polk County has found in favor of Metro Waste Authority and dismissed all remaining claims of Phoenix C&D Recycling, Inc., including its claim for damages of $5 million. The judge ruled that all issues have now been resolved and the case is complete.

As part of the judgment, Phoenix is required to pay MWA disposal costs plus interest for the ground up construction and demolition waste it delivered to the Metro Park East landfill that did not meet alternative daily cover specifications. The judge in the case found that the material delivered by Phoenix, to be used as ADC, contributed to the odor problems at the landfill.

This judgment was the final ruling in a series of four claims that were filed by Phoenix three years ago. The courts ruled in favor of MWA on all previous claims. An arbitration session two years ago concluded that waste provided by Phoenix never met the MWA’s specifications.

Phoenix filed a lawsuit against MWA three years ago after the agency stopped taking ground up C&D waste as ADC at the landfill. What was being delivered did not meet MWA specifications for use as ADC and, as a result, was causing odor issues at the landfill.

Two C&D recycling companies had contracted with MWA to bring ADC to the landfill at no charge if it met the minimum standards. Any loads not meeting the minimum standards were treated as garbage—they were landfilled and subject to disposal costs.

A local news report noted that Phoenix may quickly appeal the decision.