C&H Sugar Hit with Class Action Over ‘Noxious Odors’ from Crockett Wastewater Treatment Plant
Gutierrez v. C&H Sugar, Inc.
Filed: June 27, 2023 ◆§ 4:23-cv-03192
A class action alleges C & H Sugar’s negligent operation of its sugar refinery and wastewater treatment plant in Crockett, California has caused “intense” noxious odors to drift into nearby residential areas.
A proposed class action alleges C & H Sugar, Inc.’s negligent operation of its sugar refinery and wastewater treatment plant in Crockett, California has caused “intense” noxious odors to drift into nearby residential areas.
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According to the 20-page case, neighboring residents have reported that “rotten egg” and “sewage” smells coming from the facility have forced them to stay indoors with the windows shut. One Crockett resident said they can no longer enjoy their yard or patio because the odor makes their eyes burn if they stay outside too long, and another community member stated that the stench “doesn’t allow for outdoor activities without nausea,” the suit relays.
Per the complaint, the smells emanating from C & H Sugar’s facility come from two “independently odorous” wastewater sources the company mixes for treatment purposes, with the first being a waste sludge that gets produced as a byproduct of its sugar refining process. The lawsuit explains that this industrial wastewater generates large quantities of “highly odiferous” hydrogen sulfide and gets combined with the municipal wastewater C & H Sugar receives from Crockett, including sewage.
“The resultant wastewater mixture produces extremely noxious odors,” the filing states.
The case contends that the odors, which have reportedly bled into neighboring properties on “frequent, recurrent, and continuing occasions too numerous to list,” are a result of the sugar processing company’s failure to install and maintain technology to adequately control its emissions.
“A properly designed, operated, maintained, and managed wastewater treatment facility like Defendant’s will collect, capture, mitigate, and destroy odorous compounds in order to prevent noxious emissions from invading the surrounding community,” the suit contends.
The suit claims that between September and November 2022, the Bay Area Air Quality Monitoring Division received over 350 complaints from residents regarding the foul smells diffusing from the facility. Throughout the last few months of 2022, C & H Sugar was issued numerous “Notices of Violations” from the state regulatory agency for creating an “odor nuisance” within the area, the case adds.
Ultimately, the suit claims that the odors emitted by C & H Sugar’s facility have unreasonably interfered with residents’ ability to use and enjoy their properties and have diminished overall property values.
The lawsuit looks to represent any owners, occupants or renters of residential property residing within one mile of the facility’s property boundary within the past three years.
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