TIFFIN — Three Fostorians are suing Sunny Farms Landfill for its “noxious odors.” The suit seeks $4 million in damages.
John Murray with Leslie Murray Law filed the class action lawsuit in Seneca County Common Pleas Court.
The plaintiffs are Myra Spires of 11607 W. Township 108, Nikki Frisch of 1079 Columbus Ave., and Nate Heiser of 3580 Eagleville Road.
According to the suit, the three local residents are alleging that noxious odors released by Sunny Farms Landfill, and its leachate at the Fostoria wastewater treatment plant, are invading their properties, causing loss of enjoyment of homes and businesses, and reducing property values.
The “annoyance, and inconvenience” has awakened residents in the middle of the night and prevented them from inviting guests to their properties due to the “embarrassment and annoyance of the noxious odors,” the suit says.
“A properly operated, maintained and managed landfill will collect, capture and destroy landfill gas from the landfill in order to prevent it from escaping into the ambient air as fugitive emissions,” the lawsuit reads.
The landfill 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 and pollution treatment plant from invading the homes and property of the plaintiffs,” the suit claims.
The lawsuit states that more than 150 households have contacted the landfill documenting the odors, which were detectable outside of the bounds of its property.
It further states that Sunny Farms’ own testing shows frequent violations of the allowed odors, specifically hydrogen sulfide, which is described as “a highly toxic gas that will cause in humans headaches, eye irritation, difficulty breathing and death.”
The landfill’s negligence and disregard for the rights and safety of local citizens entitles them to an award of compensatory relief, according to the lawsuit.
The trio are seeking to represent businesses and citizens who live within 10 miles of the landfill.
Requests for comment by Sunny Farms were not returned Monday.