Westmoreland County, Penn. Residents File Class Action Over ‘Noxious Odors’ from Nearby Landfill

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A proposed class action claims the improper operation of a Belle Vernon, Pennsylvania landfill has allowed “substantial and unreasonable noxious odors” to flow into nearby homes and properties.

According to the lawsuit, neighbors of the Westmoreland County landfill report that the “rotten-egg” smell emanating from the site has prevented them from being able to enjoy their backyards, porches, patios and other outdoor areas to the point that they, as one couple put it, “cannot have any activities outside with friends or family because these odors can come at any time.”

The case alleges the odor emissions from the landfill are the result of defendant Westmoreland Sanitary Landfill LLC’s failure to properly maintain the site’s equipment, follow adequate procedures for covering and disposing of waste and implement adequate odor mitigation control techniques, among other alleged shortcomings. From the complaint:

The Belle Vernon landfill, according to the suit, is used to process and store “substantial quantities” of residential waste, municipal solid waste, construction and demolition debris, and drill cuttings and other fracking waste. Per the case, the decomposition of these materials produces byproducts such as leachate and landfill gas, which is made up of hydrogen sulfide, methane, carbon dioxide and other compounds that together can be “particularly odorous and offensive” when improperly managed.

According to the suit, the proper construction and operation of a landfill should prevent leachate and landfill gas from “escaping into the ambient air as fugitive emissions,” and thereby affecting the surrounding properties.

The lawsuit alleges odorous emissions from the Belle Vernon landfill have been the subject of “frequent complaints” by nearby area residents. Members of the more than 130 households who contacted the plaintiffs’ counsel in relation to the odors have reported being unable to “enjoy [their] backyard,” “hav[e] people over,” “enjoy the hot tub,” “enjoy fresh air” or even “sit outside and enjoy [their] yard” due to the smell.

According to the case, the defendant’s failures to properly maintain the Westmoreland County landfill have been “well-documented,” as demonstrated by complaints to the Pennsylvania Department of Environmental Protection and inspections conducted by the agency dating back to November 2018. Per the complaint, the PDEP had determined on multiple occasions that the Westmoreland Sanitary Landfill had failed to properly maintain working equipment, follow proper covering practices for solid waste and implement appropriate erosion and sedimentation controls, among other alleged infractions. The case claims the defendant paid civil penalties of $2,000 and $59,000 in November 2018 and October 2020, respectively, as a result of the infractions.

The plaintiffs, residents of Monessen, Pennsylvania, claim the noxious odors from the facility were offensive to them and would be offensive to “reasonable people of ordinary health and sensibilities.” The odors have caused property damage, impeded residents from being able to enjoy their homes and reduced the values of their properties, according to the case.

The lawsuit, which was initially filed in the Westmoreland County Court of Common Pleas before being removed to Pennsylvania’s Western District Court on August 18, looks to represent owners/occupants and renters of residential property within 1.5 miles of the Westmoreland landfill property boundary.

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