UNITED STATES
SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549


FORM 8-K

 

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

 

Date of Report (Date of earliest event reported): January 29, 2007

Casella Waste Systems, Inc.

(Exact Name of Registrant as Specified in Charter)

Delaware

 

000-23211

 

03-0338873

(State or Other Jurisdiction

 

(Commission

 

(IRS Employer

of Incorporation

 

File Number)

 

Identification No.)

 

25 Greens Hill Lane

 

 

Rutland, VT

 

05701

(Address of Principal Executive Offices)

 

(Zip Code)

 

Registrant’s telephone number, including area code:  (802) 775-0325

Not Applicable
(Former Name or Former Address, if Changed Since Last Report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

o       Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o       Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o       Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o       Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 




Item 8.01.  Other Events.

On January 29, 2007, the Company issued a press release regarding the defeat of a proposed zoning amendment relating to its Hardwick, Massachusetts landfill. A copy of the press release is attached hereto as Exhibit 99.1 and incorporated herein by reference.

Item 9.01.  Financial Statements and Exhibits.

(d)  Exhibits

99.1                           Press Release entitled “Casella Waste Systems, Inc. Says Landfill Zoning Article in Hardwick, Mass. Falls Short of Two-Thirds Majority in Town Vote,” issued by the Company on January 29, 2007.

 

2




SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned, hereunto duly authorized.

Date: January 30, 2007.

CASELLA WASTE SYSTEMS, INC.

 

 

 

 

 

By:

 /s/ RICHARD A NORRIS

 

 

Richard A. Norris

 

 

 

Senior Vice President and

 

 

 

Chief Financial Officer

 

 

3



EXHIBIT 99.1

FOR IMMEDIATE RELEASE

CASELLA WASTE SYSTEMS, INC. SAYS LANDFILL ZONING ARTICLE IN HARDWICK, MASS. FALLS SHORT OF TWO-THIRDS MAJORITY IN TOWN VOTE

RUTLAND, VERMONT (January 29, 2007) — Casella Waste Systems, Inc. (Nasdaq: CWST), a regional, non-hazardous solid waste services company, today said that a zoning amendment it proposed for its Hardwick, Massachusetts landfill failed to gain the required affirmative two-thirds of the votes cast at a recent town meeting.

Over 54 percent of the town’s voters approved the zoning article, which would have created a special landfill district. Zoning by-laws in Hardwick require a two-thirds majority for successful passage of zoning articles. The company also indicated that the Hardwick, Mass. zoning enforcement officer has informed the company that he will order the landfill closed as early as February 4, 2007.

The company said it is pursuing legal options and considering other appropriate steps to keep the landfill, which has a carrying value of approximately $25 million, operating as a regional waste disposal resource. The company has filed several appeals of decisions made by the Hardwick Zoning Board of Appeals which remain pending in Massachusetts Land Court.

The company indicated that it expected no material impact on the company’s fiscal year 2007 revenues if or when the Hardwick landfill ceases to accept waste.

“In spite of this roadblock, our record of accomplishment with regard to disposal capacity development has been outstanding since 2003,” John W. Casella, chairman and chief executive officer of Casella Waste Systems, Inc., said. “Four out of five (the fifth being Hardwick) of our major disposal projects have been successful, and we’ve added over 57 million tons of capacity in that time frame.”

For further information, contact Richard Norris, chief financial officer; Ned Coletta, director of investor relations; or Joseph Fusco, vice president; at (802) 775-0325, or visit the company’s website at http://www.casella.com.

Safe Harbor Statement

Certain matters discussed in this press release are “forward-looking statements” intended to qualify for the safe harbors from liability established by the Private Securities Litigation Reform Act of 1995. These forward-looking statements can generally be identified as such by the context of the statements, including words such as the Company “believes,” “anticipates,” “expects” or words of similar import. Similarly, statements that describe the Company’s future plans, objectives or goals are forward-looking statements. Such forward-looking statements, and all phases of our operations, involve a number of risks and uncertainties, any one or more of which could cause actual results to differ materially from those described in our forward-looking statements. Other factors which could materially affect such forward-looking statements can be found in our periodic reports filed with the Securities and Exchange Commission, including the Risk Factors section in our Form 10-K for the fiscal year ended April 30, 2006.