Grime fighter battles sanitation department

Bill Gang

Thursday, Aug. 5, 1999 | 10 a.m.

The biological grime fighter marketed by Earth Guard Environmental Inc. has been touted as an ecologically sound solution to the great globs of grease that plague restaurants and other businesses in Clark County.

But Earth Guard claims in a District Court lawsuit that Clark County Sanitation District officials have engaged in "abusive regulatory conduct" designed to ruin the company's business.

The product, according to the lawsuit filed Wednesday, is a "naturally occurring bacteria" that eats grease and oil. It is sold to businesses with grease traps, such as restaurants, to reduce the grease levels and thereby reduce the need for frequent cleaning.

The added benefit is the reduction in the amount of grease and waste water that must be pumped out and discarded in landfills -- estimated to be 54 million gallons during the past eight years.

That saved businesses about $5.5 million in landfill fees at Silver State Disposal's Apex facility and recycled 54 million gallons of water, according to the court document.

But the sanitation district has ignored its own rules and standards in the alleged over-regulation, the lawsuit charged. That has required the unjustified pumping of grease traps and the unnecessary dumping of hundreds of thousands of gallons of water into the landfill, the suit says.

Earth Guard proved its product in 1991 tests required by the sanitation district and during two later test programs, according to the lawsuit that was filed through attorneys Matthew Callister and Janalee Murray.

The company says its clients include local businesses and "governmental entities."

The lawsuit charges that sanitation district officials have recently been informing Earth Guard clients that they have been discharging too much grease into the sewer system, when that is not the case.

Earth Guard claims the "intentional mischaracterization" has resulted in customers unnecessarily demanding the company pump out their grease traps and haul off the waste to the Silver State landfill, which charges 10-cents per gallon for disposal.

The lawsuit noted that the MGM Grand alone collects 150,000 gallons of oil and water in its grease traps.

Earth Guard, which is owned by William E. Donnelly, claims it has lost more than $250,000 in profits during recent months because of the sanitation district actions.

"Hundreds of thousands of gallons of water have been unnecessarily deposited into the Apex Silver State landfill for no reason, benefitting no one other than the landfill owners and serving no public good," the lawsuit says.

The suit alleges the sanitation district "has abused the process of inspection and regulation by utilizing the inspection and citation process for a purpose other than that for which the process was intended."

The suit also alleges that sanitation district officials have been harrassing Earth Guard customers by making extra visits to visually inspect the grease traps when "a visual inspection cannot determine compliance" with regulations and waste water standards.

Earth Guard is required to provide the sanitation district with a list of its customers, and the inspectors are using that list to schedule more frequent visits to those locations than they do to other businesses, the lawsuit contends.

Under the rules, the sanitation district can require grease-trap pumping only "if excessive grease is found to be entering the sewer line."

The sanitation district inspectors have been citing the clients for alleged violations that cannot be supported because, "upon scientific testing being performed," the grease discharge levels are at or below those required, the lawsuit says.

Earth Guard is seeking a temporary restraining order and an injunction from District Judge Nancy Saitta prohibiting inspectors "from enforcing the regulations beyond their legal authority."

"The defendants' continued actions were and are conducted in bad faith and in direct violation of applicable regulations and, if permitted to continue, will cause irreparable injury," the suit says.

In addition to the injunction, the lawsuit seeks unspecified compensatory and punitive damages and the costs of pursuing the lawsuit.