New Orleans Mayor Closes a Disputed Landfill Used for Debris From Hurricane

By Leslie Eaton
The New York Times

Wednesday 16 August 2006

Under legal pressure from the City of New Orleans, a national waste disposal company closed a controversial landfill yesterday that had been handling tons of debris from houses ruined by Hurricane Katrina.

The landfill, which is known as Chef Menteur after the highway that borders it, had been the subject of protests and lawsuits since it was opened in February, challenged by environmental groups and by residents of a nearby Vietnamese-American neighborhood.

State environmental officials, who approved the landfill, said it was safe and necessary for cleaning up the city after the storm.

Mayor C. Ray Nagin ordered the landfill closed at 12:01 a.m. yesterday, saying that his emergency order allowing it to open had expired and that the company operating it, Waste Management, had failed to get a conventional permit, which is subject to City Council approval.

A spokeswoman for the mayor, Ceeon Quiett, said Mr. Nagin had not taken a position on the issues involving the landfill's site and safety.

Waste Management contends that its permit is valid as long as there is a state of emergency in New Orleans. The company is pursuing the matter in court, but a federal judge yesterday turned down the company's request for a temporary restraining order against the city.

The company said in a statement that it applied Monday for a conventional permit and warned that closing the landfill would delay the recovery.

"This is not the end of the story," said Gerard J. Sonnier, a Waste Management vice president. "As rebuilding is delayed and this trash stacks up, the people of New Orleans will need to deal with this again."

Opponents of the landfill had contended that it contained hazardous material, was improperly located next to a wildlife refuge and would tower over Mary Queen of Vietnam Church in the nearby neighborhood known as Versailles.

"To us, this is a victory," said Susan Do, a spokeswoman for the church. "Because of us, they closed the landfill."

Ms. Do said the community would continue to fight to make sure the closing was permanent and added that a majority of the City Council had opposed the landfill.

Joel Waltzer, a lawyer representing the opponents, said they did not believe that closing the landfill would significantly prolong the cleanup of the city.

The Louisiana Department of Environmental Quality continued to support the landfill but had not extended permits because of opposition from local governments, a department spokesman, Darin Mann, said.

But communities near landfills that are likely to receive New Orleans debris are complaining, Mr. Mann said.

"You know the old adage about debris," he said. "Everybody wants you to pick it up, but nobody wants you to put it down."