Suit claims companies dumping illegally

Friday, Aug. 1, 2003 | 10:51 a.m.

Three Las Vegas companies are the target of a Republic Services federal lawsuit alleging that the companies operate illegal dumping sites under the guise of recycling.

The suit filed Tuesday in U.S. District Court names Nevada Construction Cleanup, Western Elite and Lunas Construction as defendants, claiming that the companies are part of a racketeering scheme that is costing Republic money and endangering the health of Nevadans.

Republic has an exclusive contract with Clark County, Las Vegas, North Las Vegas and Henderson to collect and dispose of solid waste. Joining Republic in the suit is its subsidiary Dumpco, which owns and operates the Apex Regional Landfill. The suit asks a federal judge to place preliminary and permanent injunctions on the companies to stop them from collecting waste.

The scheme, as outlined in the suit, centers around two dump sites run by Nevada Construction Cleanup and Lunas, and Western Elite's 40-acre site about 40 miles north of Las Vegas in Lincoln County.

The suit states that Lunas and Nevada Construction Cleanup provide virtually no recycling of materials collected from homebuilders, demolition companies and other waste producers, and instead simply compact the debris and ship it to Western's Lincoln County site.

"To maintain a Potemkin facade of legality, (the companies) represent to customers, and public officials in Clark County and Lincoln County and to officials of the state of Nevada, that their illegal dumpsites separate and extract recyclable material," the suit reads.

To further the scheme, the suit alleges, the companies keep small amounts of recycled materials on hand at their sites. The suit also alleges wire and mail fraud.

In addition to seeking injunctions, the suit asks for unspecified compensatory and punitive damages.

In addition to the economic harm to Republic, the suit alleges that there is an "ongoing threat to the health, safety and welfare of the people of the State of Nevada."

The suit charges that the dumpsites are not properly built and maintained, that they are fire hazards and that they cause dust and visual pollution.