New sites added to landfill lawsuit

December 9, 2005
By Amy McCullough Tribune Chronicle

WARREN, Ohio - The City of Warren and six East Coast waste transfer facilities officially were added into a class action lawsuit alleging that the companies are responsible for the release of hydrogen sulfide gases into the air, causing a continued health hazard to area residents. The lawsuit was filed in April 2004 by 13 residents from both Warren city and Warren Township against Warren Hills LLC, Warren Recycling Inc. and the spokesman for the companies, as well as three other facilities.

The suit seeks to have property repaired and cleaned up and specific damages for illnesses such as headaches, sinus problems, nausea, itchy eyes, asthma, nose bleeds, sore throats and respiratory problems.

It spells out a chronology of warnings and adverse reports the landfill has received in recent years, and cites the hydrogen sulfide or "rotten egg'' odor as originating from the landfill. It also points out what the plaintiffs call physical health hazards, access to the unrestricted landfill, potential for fire and explosion and health risks.

David R. Dubin of Macuga & Liddle, P.C., the Michigan-based firm representing the plaintiffs, said the lawsuit alleges that Rizzo Associates Inc., Regal Recycling Co. Inc., USA Recycling Facility Services, Inc., Waste Management of New York LLC, Champion City Recovery LLC and Mid-State Recovery LLC "knew or should have known'' that the disposal of gypsum board at the Warren Hills landfill would lead to the creation of hydrogen sulfide gases.

A statement released from the firm said the city "failed to repair and/or maintain the sewer system so that hydrogen sulfide would not accumulate within the sewer system and would not enter residents' homes.''

Debbie Roth, one of the plaintiffs in the suit and leader of a local citizens' group pushing to clean up the controversial landfill, said it is likely more entities will be added.

"Anyone who put debris in the facility, potentially could be liable,'' Roth said.

City Law Director Gregory Hicks said he has not been notified that the city was officially listed in the suit and could not comment on specifics of the case.

He did say he has tried to cooperate with the group "many times'' over the years.

"There has never been any contact or any discuss with the city. These lawyers are just trying to make money and get publicity,'' Hicks said.

The other defendants could not be reached Thursday.

The U.S. Environmental Protection Agency has been on-site since April 2004 and most likely will continue working through spring, said Mark Durno, on-site coordinator for the U.S. EPA.

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