The Tullytown landfill has long drawn complaints from Burlington County and Bucks County, Pa., homeowners
FLORENCE -- The operator of a Pennsylvania landfill has agreed to pay $2 million to settle a class-action lawsuit filed on behalf of residents on both sides of the Delaware River who claimed that noxious odors lowered property values and affected their quality of life.
The tentative settlement calls for Waste Management to pay $1.4 million to residents near the Tullytown landfill, which had long drawn complaints about its smell from Burlington County and Bucks County, Pa., homeowners.
Attorney fees and costs are not to exceed $605,000.
Under the proposed deal, Waste Management would also be required to install and operate two odor misting systems for about $300,000, apply odor control suppressants on weekends for about $300,000 and power wash the docks and walkways of the Florence Marina twice a month. It also wouldn't be able to change its permit to allow the facility to accept wastewater treatment sludges or biosolids.
Last May following a permit review process, the Pennsylvania Department of Environmental Protection ordered the company to cease all waste disposal operations on or before May 22, 2017 and completely close and cap the landfill -- with residents' concerns cited as a significant factor in its decision.
A federal judge gave preliminary approval to the settlement last month and notices are being sent to class members who can choose to opt in or out. A hearing to formally approve the settlement is scheduled for March 2.
"I think the goal of the homeowners has been achieved by the closing of the landfill and now making sure it gets capped and closed down properly so five, 10 years from now, this doesn't continue to be an ongoing problem," said Kevin Riechelson, an attorney involved in the case. "This type of case, if you only focus on the money damage, what ends up happening is the odor continues and you're back at square one."
John Hambrose, spokesman for Waste Management's eastern Pennsylvania region, said the company is happy with the proposed settlement and brings them closer to resolving the issue.
"We remain committed to being a good neighbor and this commitment will continue while we complete our disposal operations at Tullytown by May 2017 and during all future operations here in Bucks County," he said.
He said the company has worked since before the fall of 2014 on efforts to contain the odors from installing new gas wells and extra capping to no longer accepting certain waste they believed was contributing to the stench.
"There's been a lot of things added and done differently to the landfill to improve odor control," he said.
Hambrose encouraged residents in the class area to carefully review the documents and submit a claim form if they wish to participate in the settlement.
Cristina Rojas may be reached at crojas@njadvancemedia.com. Follow her on Twitter @CristinaRojasTT. Find The Times of Trenton on Facebook.
