Waste Services Announces Record Fourth Quarter Results and 2009 Fiscal Year
Results


    
    - Record adjusted EBITDA of $30.5 million for the quarter, totaling $105.4
    million for the year.

    - Record adjusted EBITDA margin of 25.7% for the quarter and 24.3% for the
    year as compared to 23.7% and 22.6% in 2008.

    - Continued strong revenue growth from price of 4.6%

    - Successful completion of the integration of Republic and DisposAll
    acquisitions in Miami.

    - Record free cash flow(1) for the year of $32.1 million.

    - Record adjusted EPS from continuing operations was $0.13 for the quarter
    and $0.43 for the year.




    
</pre>
<p><span class="xn-location">BURLINGTON</span>, Ontario, <span class="xn-chron">Feb. 23</span>  /CNW/ -- Waste Services, Inc. (Nasdaq:   WSII) today announced financial results for the fourth quarter and for the year ended <span class="xn-chron">December 31, 2009</span>.  Fully diluted earnings per share were <span class="xn-money">$0.00</span> for the quarter as compared to a loss of <span class="xn-money">$0.32</span> in the fourth quarter of 2008.  The reported results include expenses relating to the pending merger with IESI-BFC Ltd. (NYSE, TSX: BIN), a charge for the change in the valuation of warrants caused by the rise in our stock price, costs relating to tax restructuring activities and certain acquisition costs expensed in the period.  Excluding these charges, fully diluted earnings per share would have been <span class="xn-money">$0.13</span>.</p>
<p/>
<p>Revenue for the quarter was <span class="xn-money">$118.8 million</span> compared to <span class="xn-money">$102.4 million</span> for the same quarter in 2008.  The results for the quarter are highlighted by:</p>
<pre>
    

    --  Internal revenue growth generated from price increases was 4.6%.
    --  Internal revenue growth relating to volume was negative 1.6%.
    --  Foreign currency translation accounted for $8.8 million in reported
        revenue increase and acquisitions added $6.0 million in revenue.
    --  Adjusted EBITDA was $30.5 million as compared to $24.3 million in the
        fourth quarter of the prior year and the company's previous best
        quarter result of $29.4 million (third quarter, 2007).


    
</pre>
<p>For the full year 2009, the company reported revenue of <span class="xn-money">$434.5 million</span> as compared to <span class="xn-money">$473.0 million</span> for 2008.  Fully diluted earnings per share for the year were <span class="xn-money">$0.30</span> as compared to a loss of <span class="xn-money">$0.04</span> for 2008.  Excluding the expenses relating to the merger, costs relating to tax restructuring activities, acquisition costs and the fourth quarter change in warrant valuation, fully diluted earnings per share would have been <span class="xn-money">$0.43</span> per share.  The results for the year ended <span class="xn-chron">December 31, 2009</span> are highlighted by:</p>
<pre>
    

    --  Internal revenue growth generated from price increases was 3.9%.
    --  Internal revenue growth relating to volume was negative 4.4%.
    --  Foreign currency translation caused a decrease of $16.1 million in
        reported revenue, partially offset by revenue from acquisitions of
$7.1
        million.
    --  Adjusted EBITDA was $105.4 million with a record Adjusted EBITDA
margin
        of 24.3%.

    
</pre>
<p>David Sutherland-Yoest, Waste Services President and Chief Executive Officer, stated, "We are pleased to again be reporting record financial results for a quarter as the company continues to improve margins and profitability.  As our business continues to improve on a stand-alone basis, the pending merger with IESI-BFC Ltd. has been well received by the market and brought substantial benefits to our shareholders, both in share price and trading liquidity.  We look forward to the completion of the deal, working to realize the anticipated synergies between the two companies and an outstanding 2010 for the combined shareholder group."</p>
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    2010 Outlook

    
</pre>
<p>Waste Services also announced today the following stand-alone guidance for 2010, excluding any effects of the contemplated merger with IESI-BFC Ltd.:</p>
<pre>
    

    --  Revenue in the range of $480 million to $500 million.
    --  Organic revenue growth of 4% to 5%, primarily from price.
    --  Adjusted EBITDA in the range of $120 million to $125 million.
    --  Adjusted EBITDA margins of 25 to 27 percent.
    --  EPS from continuing operations in the range of $0.50 to $0.55 per
        share.
    --  Capital spending in the range of $30 million to $35 million.
    --  Free cash flow(1) of $50 to $55 million.

    
</pre>
<p>This guidance assumes: (i) no significant deterioration in economic conditions in Florida or <span class="xn-location">Canada</span>, and (ii) no significant change in exchange rates.  Guidance will be adjusted upon announcement of any unusual or non-recurring items as the year progresses.</p>
<p/>
<p>(1) Free Cash Flow is defined as net cash flows provided by continuing operations less capital expenditures from continuing operations.</p>
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    Reconciliation of Non-GAAP Measures:

    
</pre>
<p>The following table reconciles the differences between income from continuing operations, as determined under US GAAP, and EBITDA from continuing operations, a non-GAAP financial measure (in thousands) (unaudited):</p>
<p/>
<p> </p>
<p> </p>
<p> </p>
<p> </p>
<pre>
    
                                                                            
                                     For The Three Months   For The Year    
                                      Ended December 31,  Ended December 31, 
                                     -------------------- ------------------ 
                                        2009      2008      2009      2008 
                                        ----      ----      ----      ---- 
    Income (loss) from continuing                                           
     operations                         $(119) $(14,785)  $14,054   $(1,956)
    Income tax provision (benefit)      2,409      (744)   11,246     6,183 
    Change in fair value of warrants    2,537         -       434         - 
    Interest expense                    8,549    11,661    30,967    37,432 
    Landfill depletion expense          2,874     2,075     9,808     9,858 
    Depreciation and amortization       9,688     8,447    34,770    35,490 
                                        -----     -----    ------    ------ 
    EBITDA from continuing                                                  
     operations (1)                   $25,938    $6,654  $101,279   $87,007 
                                      =======    ======  ========   =======

    
</pre>
<p>The following table reconciles the differences between EBITDA from continuing operations and Adjusted EBITDA from continuing operations for the three months and year ended <span class="xn-chron">December 31, 2009</span> and 2008 (in thousands) (unaudited).</p>
<p/>
<p> </p>
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                                    For The Three Months    For The Year    
                                     Ended December 31,   Ended December 31, 
                                    --------------------  ------------------ 
                                        2009      2008      2009      2008 
                                        ----      ----      ----      ---- 
    EBITDA from continuing                                                  
     operations (1)                   $25,938    $6,654  $101,279   $87,007 
    Adjustments to EBITDA from 
     continuing operations                        
      (as defined per credit agreement):                                    
        Loss (gain) on sale of assets     (48)     (185)   (2,478)     (707)
        Non-cash items (2)                854    10,717     2,755    13,712 
        Other excludable expenses (3)   3,752     7,092     3,840     7,092 
                                        -----     -----     -----     ----- 
    Adjusted EBITDA from continuing                                         
     operations (1)                   $30,496   $24,278  $105,396  $107,104 
                                      =======   =======  ========  ======== 
    
</pre>
<p> </p>
<pre>
    
    (1) EBITDA from continuing operations and Adjusted EBITDA from continuing 
        operations ("Adjusted EBITDA from continuing operations") are non-GAAP
        measures used by management to measure performance. We also believe 
        that EBITDA from continuing operations and Adjusted EBITDA from 
        continuing operations may be used by certain investors to analyze and 
        compare our operating performance between accounting periods and 
        against the operating results of other companies that have different 
        financing and capital structures or tax rates and to measure our 
        ability to service our debt.  In addition, management uses EBITDA from
        continuing operations, among other things, as an internal performance 
        measure.  Our lenders also use Adjusted EBITDA from continuing 
        operations to measure our ability to service and/or incur additional 
        indebtedness under our credit facilities.  However, EBITDA from 
        continuing operations and Adjusted EBITDA from continuing operations 
        should not be considered in isolation or as a substitute for net 
        income, cash flows or other financial statement data prepared in 
        accordance with US GAAP or as a measure of our performance, 
        profitability or liquidity.  EBITDA from continuing operations and 
        Adjusted EBITDA from continuing operations are not calculated under US
        GAAP and therefore are not necessarily comparable to similarly titled 
        measures of other companies.
    (2) Non-cash adjustments primarily include stock-based compensation 
        expense expensed deferred acquisition costs and gains and losses on 
        foreign exchange and asset sales.
    (3) Other excludable expense adjustments include severance and other 
        non-recurring costs resulting primarily from the pending merger and 
        the restructuring in 2008.

    
</pre>
<p>We will host an investor and analyst conference call on <span class="xn-chron">Wednesday, February 24, 2010</span> at <span class="xn-chron">10:00 a.m. (ET</span>) to discuss the results of today's earnings announcement. If you wish to participate in this call, please phone 866-356-4281 (US and <span class="xn-location">Canada</span>) or 617-597-5395 (International) and enter passcode number 28197418.  To hear a web cast of the call over the Internet, access the home page of our website at <a href="http://www.wasteservicesinc.com">www.wasteservicesinc.com</a>.  A replay of the call will be available until <span class="xn-chron">March 9, 2010</span> by phoning 888-286-8010 (US and <span class="xn-location">Canada</span>) or 617-801-6888 (International) and entering passcode number 65845974.  The web cast will also be available on our website.</p>
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    Safe Harbor for Forward-Looking Statements

    
</pre>
<p>Certain matters discussed in this press release are "forward-looking statements" within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934.  These statements describe the company's future plans, objectives and goals.  These forward-looking statements involve risks and uncertainties which could cause actual results to differ materially from the plans, objectives and goals set forth in this press release.  Factors which could materially affect such forward-looking statements can be found in the company's periodic reports filed with the Securities and Exchange Commission, including risk factors detailed in the company's Form 10-K for the year ended <span class="xn-chron">December 31, 2008</span>.  Shareholders, potential investors and other readers are urged to consider these factors carefully in evaluating the forward-looking statements and are cautioned not to place undue reliance on such forward-looking statements.</p>
<p/>
<p>Additional Information About the Proposed Merger Transaction and Where to Find It</p>
<p/>
<p>In connection with the proposed merger transaction, IESI-BFC Ltd. filed a Registration Statement on Form F-4 with the SEC on <span class="xn-chron">January 19, 2010</span>, that included a proxy statement of Waste Services, Inc. and that also included a prospectus of IESI-BFC Ltd. We will mail the proxy statement/prospectus to our stockholders. Waste Services, Inc. and IESI-BFC Ltd. urge investors and security holders to read the proxy statement/prospectus, including any amendments thereto and any other information filed with the SEC, regarding the proposed transaction when such filings become available because they will contain important information. You may obtain copies of all documents filed with the SEC regarding this transaction, free of charge, at the SEC's website (<a href="http://www.sec.gov">www.sec.gov</a>). Copies of the proxy statement/prospectus can also be obtained, when available, without charge, from IESI-BFC Ltd.'s website (<a href="http://www.iesi-bfc.com">www.iesi-bfc.com</a>) or from Waste Services, Inc.'s website (<a href="http://www.wasteservicesinc.com">www.wasteservicesinc.com</a>) or by directing a request to IESI-BFC Ltd., 135 Queens Plate Drive, Suite 300, <span class="xn-location">Toronto</span>, Ontario, <span class="xn-location">Canada</span> M9W 6V1, Attention: Investor Relations, (416) 401-7729, or to Waste Services, Inc., Shareholder Relations, 1122 International Blvd., Suite 601, <span class="xn-location">Burlington</span>, Ontario, <span class="xn-location">Canada</span> L7L 6Z8, (905) 319-1237.</p>
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    Proxy Solicitation

    
</pre>
<p>IESI-BFC Ltd., Waste Services, Inc., their respective directors and executive officers and other persons may be deemed to be participants in the solicitation of proxies in respect of the proposed transaction. Information regarding IESI-BFC Ltd.'s directors and executive officers is available in its Registration Statement on Form F-10, which was filed with the SEC on <span class="xn-chron">May 14, 2009</span>. Information regarding Waste Services, Inc.'s directors and executive officers is available in its Annual Report on Form 10-K for the year ended <span class="xn-chron">December 31, 2008</span>, which was filed with the SEC on <span class="xn-chron">February 26, 2009</span>, and its 2009 definitive proxy statement for its most recent annual meeting, which was filed on the SEC's internet website (<a href="http://www.sec.gov">www.sec.gov</a>) on <span class="xn-chron">April 29, 2009</span>. Other information regarding the participants in the proxy solicitation and a description of their direct and indirect interests, by security holdings or otherwise, will be contained in the proxy statement/prospectus and other relevant materials to be filed with the SEC when they become available. You may obtain free copies of these documents from Waste Services, Inc. and IESI-BFC Ltd. using the contact information above.</p>
<p/>
<p>The forward-looking statements made in this press release are only made as of the date hereof and Waste Services undertakes no obligation to publicly update such forward-looking statements to reflect subsequent events or circumstances.</p>
<p/>
<p>This release does not constitute an offer to sell or the solicitation of any offer to buy any securities.  The company's securities may not be offered or sold in the <span class="xn-location">United States</span> absent a registration or applicable exemption from registration requirements under applicable state and federal securities laws.</p>
<p/>
<p>Waste Services, Inc., a Delaware corporation, is a multi-regional, integrated solid waste services company that provides collection, transfer, disposal and recycling services in the <span class="xn-location">United States</span> and <span class="xn-location">Canada</span>.  The company's website is <a href="http://www.wasteservicesinc.com">www.wasteservicesinc.com</a>.  Information on the company's website does not form part of this press release.</p>
<p/>
<p> </p>
<p> </p>
<p> </p>
<p> </p>
<p> </p>
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                                WASTE SERVICES, INC.
             UNAUDITED CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS
                      (In thousands, except per share data)
    
</pre>
<p> </p>
<pre>
    
                                    Three Months Ended     Year Ended     
                                       December 31,        December 31,    
                                       ------------        ------------    
                                      2009      2008      2009      2008 
                                      ----      ----      ----      ---- 
                                                                           
    Revenue                         $118,777  $102,393  $434,515  $473,029 
                                                                           
    Operating and other expenses:                                          
      Cost of operations(exclusive 
       of depreciation, depletion 
       and amortization)              73,569    66,459   277,465   309,121 
      Selling, general and                                                 
       administrative expense                                              
       (exclusive of depreciation,                                         
       depletion and amortization)    19,307    18,531    58,341    66,474 
      Deferred acquisition costs           -    10,267         -    10,267 
      Depreciation, depletion and                                          
       amortization                   12,562    10,522    44,578    45,348 
      Loss (gain) on sale of                                               
       property and equipment,                                             
       foreign exchange and other        (37)      482    (2,570)      160 
                                         ---       ---    ------       --- 
                                                                           
    Income (loss) from operations     13,376    (3,868)   56,701    41,659 
                                                                           
    Interest expense                   8,549    11,661    30,967    37,432 
    Change in fair value of warrants   2,537         -       434         - 
                                       -----         -       ---         - 
                                                                           
    Income (loss) from continuing 
     operations before income taxes    2,290   (15,529)   25,300     4,227 
    Income tax provision (benefit)     2,409      (744)   11,246     6,183 
                                       -----      ----    ------     ----- 
                                                                           
    Income (loss) from continuing                                          
     operations                         (119)  (14,785)   14,054    (1,956)
    Income from discontinued                                               
     operations, net of income                                             
     tax provision of $266                                                 
     for the year ended December 31, 
     2008 and nil for all other 
     periods                               -         -         -       409 
    Gain on sale of discontinued 
     operations, net of income tax 
     provision of $2,770 and $7,255                                        
     for the three and twelve months 
     ended December 31, 2008 and nil 
     for all other periods                 -     4,241         -    11,110 
                                           -     -----         -    ------ 
                                                                           
    Net income (loss)                  $(119) $(10,544)  $14,054    $9,563 
                                       =====  ========   =======    ====== 
                                                                           
    Basic and diluted earnings (loss)                                      
     per share:                                                            
      Earnings (loss) per share - 
       continuing operations              $-    $(0.32)    $0.30    $(0.04)
      Earnings per share - discontinued                                    
       operations                          -      0.09         -      0.25 
                                           -      ----         -      ---- 
    Earnings (loss) per share - basic                                      
     and diluted                          $-    $(0.23)    $0.30     $0.21 
                                          ==    ======     =====     ===== 
                                                                           
        Weighted average common shares                                     
         outstanding:                                                      
          Basic                       46,253    46,082    46,218    46,079 
          Diluted                     46,253    46,082    46,325    46,079 
    
</pre>
<p> </p>
<p> </p>
<p> </p>
<pre>
    
                            WASTE SERVICES, INC.                        
                SUPPLEMENTAL BALANCE SHEET AND CASH FLOW DATA           
                              (In thousands)                    
                                                                        
    Balance Sheet Data:                         December 31,  December 31, 
                                                    2009          2008 
                                                    ----          ---- 
                                                                        
      Cash                                         $3,699        $7,227 
      Current assets                              $84,323       $72,961 
      Total assets                               $914,992      $840,927 
      Current liabilities                        $114,905       $93,245 
      Debt:                                                             
        Senior secured credit facilities:                               
            US Revolver                           $30,000       $34,600 
            Canadian Revolver                       5,709        27,699 
            US Term loan                           35,994        38,125 
            Canadian Term Loan                    113,228       103,505 
        Senior subordinated notes                 208,574       158,854 
        Other notes                                 7,947         9,286 
                                                    -----         ----- 
                  Total debt                     $401,452      $372,069 
                                                 --------      -------- 
      Shareholders' equity                       $359,348      $335,018 
                                                                        
                                                                        
    Cash Flow Data:                                                     
                                                 Year Ended December 31,  
                                                 -----------------------  
                                                    2009          2008 
                                                    ----          ---- 
                                                                        
      Net cash flows provided by continuing                             
       operations                                 $64,353       $56,051 
      Net cash flows used in investing                                  
       activities for continuing operations      $(74,903)      $(3,123)
      Net cash flows provided by (used in)                              
       financing activities of continuing                               
       operations                                  $5,021      $(67,471)
      Capital expenditures from continuing                              
       operations                                 $32,212       $48,066 
    
</pre>
<p> </p>
<p> </p>
<p> </p>
<pre>
    
                           WASTE SERVICES, INC.
           SUPPLEMENTAL UNAUDITED GROWTH RATES AND COUNTRY DATA
                             (In thousands)
    
</pre>
<p> </p>
<p> </p>
<pre>
    
                    Waste Services, Inc.                
                       Revenue Growth                   
        For The Three Months Ended December 31, 2009    
                       (in thousands)                   
                                                        
    Total Revenue, December 31, 2008     $102,393       
      Impact on revenue from changes in:                
        Price                               4,729   4.6%
        Fuel Surcharge                     (1,368) -1.3%
        Volume                             (1,598) -1.6%
        Acquisition / Disposition           5,974   5.8%
        Gain / Loss of Contracts             (287) -0.3%
        Other                                 130   0.1%
        Foreign currency impact             8,804   8.7%
                                                        
    Total Revenue, December 31, 2009     $118,777       
                                         ========       
                                   
                         
                    Waste Services, Inc.                
                       Revenue Growth                   
            For The Year Ended December 31, 2009        
                       (in thousands)                   
                                                        
    Total Revenue, December 31, 2008     $473,029       
      Impact on revenue from changes in:                
        Price                              18,482   3.9%
        Fuel Surcharge                    (16,093) -3.4%
        Volume                            (20,697) -4.4%
        Acquisition / Disposition           7,142   1.5%
        Gain / Loss of Contracts          (10,864) -2.3%
        Other                                (433)  0.0%
        Foreign currency impact           (16,051) -3.4%
                                                        
    Total Revenue, December 31, 2009     $434,515       
                                         ========       
    
</pre>
<p> </p>
<p> </p>
<p> </p>
<pre>
    
                                COUNTRY DATA
                               (In thousands)
    
</pre>
<p> </p>
<pre>
    
                                 Three Months Ended December 31, 2009       
                                --------------------------------------      
                              US             Canada           Total         
                              --             ------          -------        
                                                                            
    Revenue                 $57,450  100.0%  $61,327 100.0% $118,777  100.0%
    Operating expenses:                                                     
       Cost of operations    34,141   59.4%   39,428  64.3%   73,569   61.9%
        Selling, general                                                    
         and administrative                                                 
         expense             10,544   18.4%    8,763  14.3%   19,307   16.3%
        Depreciation,                                                       
         depletion and                                                      
         amortization         7,671   13.4%    4,891   8.0%   12,562   10.5%
        Foreign exchange                                                    
         (gain) loss and                                                    
         other                 (687)  -1.3%      650   1.0%      (37)   0.0%
                               ----              ---             ---        
    Income from continuing                                                  
     operations              $5,781   10.1%   $7,595  12.4%  $13,376   11.3%
                             ======           ======         =======        
                                                                            
                                                                            
                                 Three Months Ended December 31, 2008       
                                --------------------------------------      
                              US             Canada           Total         
                              --             ------          -------        
                                                                            
    Revenue.                $52,021  100.0%  $50,372 100.0% $102,393  100.0%
    Operating expenses:                                                     
       Cost of operations    31,977   61.4%   34,482  68.4%   66,459   64.9%
        Selling, general                                                    
         and administrative                                                 
         expense              5,972   11.5%    5,688  11.3%   11,660   11.4%
        Restructuring,                                                      
         severance and                                                      
         related costs        4,673    9.0%    2,198   4.4%    6,871    6.7%
        Deferred                                                            
         acquisition                                                        
         costs               10,267   19.7%        -   0.0%   10,267   10.0%
        Depreciation,                                                       
         depletion and                                                      
         amortization         6,242   12.0%    4,280   8.5%   10,522   10.3%
        Foreign exchange                                                    
         (gain) loss and                                                    
         other                 (165)  -0.2%      647   1.3%      482    0.5%
                               ----              ---             ---        
    Income (loss) from                                                      
     continuing operations  $(6,945) -13.4%   $3,077   6.1%  $(3,868)  -3.8%
                            =======           ======         =======        
    
</pre>
<p> </p>
<p> </p>
<p> </p>
<pre>
    
                                 WASTE SERVICES, INC.
                                UNAUDITED COUNTRY DATA
                                    (In thousands)
                                                                            
                                     Year Ended December 31, 2009           
                                    ------------------------------          
                              US             Canada           Total         
                              --             ------          -------        
                                                                            
    Revenue.               $209,251  100.0% $225,264 100.0% $434,515  100.0%
    Operating expenses:                                                     
       Cost of operations   128,489   61.4%  148,976  66.1%  277,465   63.9%
        Selling, general                                                    
         and administrative                                                 
         expense             29,466   14.1%   28,875  12.8%   58,341   13.4%
        Depreciation,                                                       
         depletion and                                                      
         amortization        26,710   12.8%   17,868   7.9%   44,578   10.3%
        Loss (gain) on sale 
         of property and 
         equipment, foreign                                                 
         exchange and                                                      
         other               (2,960)  -1.5%      390   0.3%   (2,570)  -0.6%
                             ------              ---          ------        
    Income from continuing                                                  
     operations             $27,546   13.2%  $29,155  12.9%  $56,701   13.0%
                            =======          =======         =======        
                                                                            
                                                                            
                                     Year Ended December 31, 2008           
                                    ------------------------------          
                              US             Canada           Total         
                              --             ------          -------        
                                                                            
    Revenue                $231,352  100.0% $241,677 100.0% $473,029  100.0%
    Operating expenses:                                                     
       Cost of operations   148,474   64.2%  160,647  66.5%  309,121   65.3%
        Selling, general                                                    
         and administrative                                                 
         expense             30,027   13.0%   29,576  12.2%   59,603   12.6%
        Restructuring,                                                      
         severance and                                                      
         related costs        4,673    2.0%    2,198   0.9%    6,871    1.5%
        Deferred acquisition                                                
         costs               10,267    4.4%        -   0.0%   10,267    2.2%
        Depreciation,                                                       
         depletion and                                                      
         amortization        26,145   11.3%   19,203   7.9%   45,348    9.6%
        Foreign exchange                                                    
         (gain) loss and                                                    
         other                 (628)  -0.3%      788   0.4%      160    0.0%
                               ----              ---             ---        
    Income from continuing                                                  
     operations             $12,394    5.4%  $29,265  12.1%  $41,659    8.8%
                            =======          =======         =======



    

For further information: For further information: Edwin D. Johnson, Executive Vice President and Chief Financial Officer of Waste Services, Inc., +1-905-319-1237 Web Site: http://www.wasteservicesinc.com

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