A Dayton landfill that has been the subject of more than 170 odor complaints from nearby communities is the defendant in a class action lawsuit filed by a Moraine resident.
The lawsuit filed Tuesday in U.S. District Court contends Stony Hollow Landfill has been negligent in containing emissions from its site on South Gettysburg Avenue in Dayton. The suit, which claims more than 100 class members, was filed by Carly Beck of Moraine and seeks in excess of $5 million.
Stony Hollow “has failed to sufficiently collect, capture, and destroy landfill gas generated at its landfill to prevent fugitive emissions and to otherwise prevent odors from the landfill from invading the homes and property,” according to the lawsuit.
Stony Hollow’s operation this spring drew complaints from residents and officials from Jefferson Twp. and Moraine because of odors in those communities. At that time, Moraine City Manager David Hicks said he understood a well-installation project causing the odor at the Waste Management-owned landfill to be an eight-week process.
As the odor has lingered, those complaints have continued and have grown to include Kettering and West Carrollton residents.
Moraine has fielded more than 170 complaints from June through late October on its website while the three other communities have also had disgruntled residents.
Hicks said earlier this week he plans to ask the Montgomery County Solid Waste Advisory Committee to suspend the delivery of solid waste at the landfill until the odors are under control.
The lawsuit contends “more than 160 households” have contacted Beck’s attorney documenting the odors they attribute to the landfill.
Stony Hollow’s “well documented pattern of failing to control its emissions is demonstrated by numerous resident complaints to state and local authorities,” according to the lawsuit.
Waste Management is aware of the lawsuit “and will respond accordingly,” according to a statement issued by company Public Affairs Manager Kathy Trent.
“We will continue to focus on our efforts on site to control and contain odors, including adding more gas wells and the odor control barrier over a portion of the landfill,” according to Trent. We are committed to controlling odors from the landfill and we will continue to work to address any issues.
Residents can report any odor concerns by calling the odor alert line at 937-356-6203. More information is available at www.stonyhollowlandfill.com, according to Trent.
“In an effort to keep everyone informed of our progress, company representatives will continue meeting regularly with local leaders and community organizations,” according to the statement.
The city also has a complaint process. Online issues can be handled at www.ci.moraine.oh.us or call 937-535-1031.
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