Prairieville, Louisiana Residents v D&J Fill Inc.

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Residents File Lawsuit Over Landfill Odor

Case ID: 4679
Category: Environmental
 
Last Update: 03/01/2006
Country:
 

A lawsuit was filed against the owner of a Prairieville, Louisiana landfill. Court records indicate that the lawsuit seeks a court order to halt the facility's reportedly foul smell. Filed by a Prairieville resident who lives near the landfill off La. 928, the lawsuit asks a state court judge to grant an order blocking the landfill owner and transporters from "emitting odors which cause the plaintiffs" serious or material discomfort, records show.

The landfill, owned by D&J Fill Inc., is a former dirt pit that takes construction, demolition and yard debris and has had upscale residential subdivisions develop near it in recent years.

At least since last year, the landfill has been the source of complaints from neighbors and Baton Rouge motorists who have mostly noted a rotten egg or raw sewage smell in the area, DEQ complaint records show. The landfill backs up to Interstate 10.

A hearing is set in state District Judge Pegram J. Mire Jr.'s courtroom in Gonzales. The lawsuit was filed Feb. 8 in the 23rd Judicial District Court.

Officials with the state Department of Environmental Quality, which permits landfills, said the rotten egg smell comes from the natural breakdown of construction material, primarily wallboard.

But other odors have been noted in DEQ complaints since July, including hydrocarbon, chemical and burning type smells. The lawsuit also alleges that the facility and its waste transporters handled "noxious and toxic" materials.

Residents have told lawyers of solvent type smells, possibly from paints the landfill isn't allowed to accept, and pointed to inspection reports from last fall that note smoldering areas at the landfill. A Nov. 3 DEQ notice of deficiency noted smoldering areas hot to the touch. An Oct. 20 inspection report said scattered areas seemed to be releasing steam with some odor.

The suit claims "acrid chemical odors have caused eye and nose irritation, headaches and nausea."

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