By Margaret Bauman
Alaska Journal of Commerce

A Matanuska Valley firm ordered by federal authorities to stop incinerating hospital, medical and infectious wastes feels it is in compliance with the Clean Air Act and plans to appeal the case, an attorney representing the owners said June 29.

"It's been their contested position that they were entitled to an exemption," said Ted Stepovitch, an attorney representing Nancy and James Oliver, doing business as Safety Waste Incineration, on Knik Goose Bay Road.

The Olivers will appeal a permanent injunction handed down by U.S. District Court Judge John W. Sedwick in a case brought by the U.S. Environmental Protection Agency. The EPA argued that Safety Waste failed to comply with requirements of the Clean Air Act.

Stepovitch said the Olivers feel they are entitled to certain exemptions because hospital, medical and infectious wastes comprise less than 10 percent of the total waste and fuel burned at their facilities.

The Olivers have tried to work with the EPA, he said. When new rules governing such wastes went into effect, the Olivers asked the EPA what they needed to do to comply with the law, but EPA officials never thoroughly explained the rules, Stepovitch said.

Later, the Olivers spent thousands of dollars on equipment they thought would bring them into compliance, he said.

Last year the court ruled that the Olivers had been violating the Clean Air Act and the federal plan requirements for hospital/medical/infectious waste incinerators since October 2002. In March, the court held a five-day trial to determine the appropriate remedy for the violations, EPA officials said. In addition to granting a permanent injunction, the court imposed a $75,000 fine.

Stepovitch said the firm would continue operating, with the exception of handling hospital, medical and infectious wastes, while it appeals the decision.

Margaret Bauman can be reached at

margie.bauman@alaskajournal.com.