Speaking out

After a 16-month litigation process, waste and recycling company Metro Site Fabricators has announced it received a $31 million settlement from electric vehicle battery manufacturer SK Battery America Inc. after the improper disposal of batteries sparked a devastating fire at Metro Site’s material recovery facility in Commence, Georgia.

Scott Ledford, owner of Metro Site, shared his story at C&D World in January, and Waste Today reported on the fire in its March issue. Metro Site lost its facility in a blaze investigators believe started when more than 200 batteries delivered to the site short-circuited, causing thermal runaway. This was an extremely unique case, Ledford says, because before the fire started, his facility had segregated SK’s waste from the rest of the waste in the facility.

“We knew that the waste had come from them, and then we were able to identify the lithium-ion battery pouches as being manufactured from their facility,” Ledford says. “And that’s just rare. Most of these fires that happen in the waste recycling centers and transfer stations … there’s really no way to identify where [the waste] came from.”

As part of the litigation process, Ledford pushed for a nonconfidentiality agreement so he could discuss his case and help other operators better prepare for fire hazards. Here’s his top advice for waste disposal facility operators:

Prepare early. When doing business with companies that might deliver materials of a hazardous nature, Ledford suggests hiring an attorney to draft an agreement that covers responsibilities and liabilities. “You need an attorney to draft an agreement so ... there is no turning their heads to it—these guys are going to be liable for any losses and liable for any damage that’s caused to my facility,” he says.

Lawyer up. In the case of a lithium-ion battery fire, operators should first ensure that any evidence is secure and handled by the proper authorities and then quickly hire an attorney who is well-versed in this kind of litigation, Ledford says. He stresses that he talked to his attorney seven days a week, every single day, for 16 months. “When you’re sitting here as a small mom-and-pop operation, and you’re going up against one of these billion-dollar corporations, you’re going to need the attorney that’s prepared for that fight,” Ledford says. “Picking the right one for this is going to mean the difference between you coming out healthy or you coming out with nothing.”

After his experience, Ledford says he’s planning to be more visible, speaking out at waste industry meetings and conventions and making himself available to anyone who reaches out with a similar experience.

“I don’t care about being front and center,” he says. “I just care about being available for that one guy. If I can help nip something in the bud before it becomes a disaster for him, then that means I’ve made the right choice.”