Residents living near waste landfill file $5 million lawsuit over noxious odors

By Jim Boyle | Dec 15, 2014

Homeowners living on both sides of the Delaware River near the Bucks County garbage dump maintained by Waste Management of Pennsylvania have filed a federal class action suit in the U.S. District Court for the Eastern District of Pennsylvania against the company over noxious odors and fumes they claim have invaded their everyday life.

Five people, four in Florence, N.J., and one in Levittown, Pa., are the lead plaintiffs in the suit, seeking damages in excess of $5 million for the environmental and financial damages affecting more potential plaintiffs in a three-mile radius surrounding the Tullytown-based facility. They have formed a group called Citizens Against the Smell of Tullytown and invite fellow residents to call the Pennsylvania Department of Environmental Protection and file complaints.

"On occasions too numerous to mention, Defendant negligently and improperly constructed, maintained and/or operated the landfill such that it caused the emission of noxious odors, pollutants and air contaminants onto Plaintiffs' homes, land and property," the lawsuit reads.

The class action suit claims that Waste Management invaded the homeowners' properties and interfered with the full use and enjoyment of their homes. According to the complaint, the defendants willfully and negligently failed to construct or operate the landfill in a manner that would prevent the odors from emanating into their properties, causing the plaintiffs to lose significant property value.

Waste Management received a notice on Oct. 6 from Pennsylvania DEP based on complaints collected between Sept. 22 and Oct. 2 that found them in violation of the Municipal Waste Management Rules and Regulations.

The complaint seeks to qualify for class status and temporary, preliminary and permanent injunctions requiring Waste Management to quickly repair the operation of the facility so that the odors and air contaminants no longer reach the nearby residents.

The plaintiffs are represented by attorneys from Kamensky Cohen & Riechelson.

The federal case ID is 2:14-cv-07013-PD.

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