FRANKFORT, Ky. (April 7, 2004) – The Environmental and Public Protection Cabinet has filed a motion with the United States Bankruptcy Court to terminate interim operating status for the LWD hazardous waste facility in Calvert City, Secretary LaJuana S. Wilcher announced today.

An agreed order, signed last month by the cabinet and the new owner of the company, contained a series of benchmarks that were to be met in order for the company to begin incinerating waste.

"The cabinet negotiated in good faith as part of the bankruptcy case and the order contained requirements essential to protecting human health and the environment," said Wilcher. "The company has failed to meet the first, and simplest, requirement which was to pay past due hazardous waste assessment fees."

The agreed order, entered by Wilcher on March 9, 2004, contained a provision for the 2002 waste assessment fee of $204,311 and the 2003 assessment of $113, 204 to be forwarded to the cabinet by March 30, 2004. To date the cabinet has not received the fees.

"We were willing to work with the company on establishing reasonable requirements," stated Wilcher. "When the cabinet signs an agreed order we expect the regulated business to comply with the terms of the order."

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