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Laws about landfills in the US
The Environmental Protection Agency governs all landfill laws and regulations in the US. Any violation of these laws allows for legal action to take place against the company overseeing the landfill. If there is a violation, the EPA will step in to sanction the company into correcting the problem. However, this still leaves all of the residents who were affected by the violation without compensation for any damages they may have incurred. Weitz & Luxenberg can help you file an odor lawsuit in order to get you compensation for damages due to landfill violation.
In order to help you better understand landfill law in the United States, we have put together these resources and statistics.
Federal MSWLF standards
The following is a breakdown of the EPA’s set federal standards for Municipal solid waste landfills (or MSWLF) (EPA.gov):
- Geological location restrictions—a landfill cannot be built near a location that is not geologically suitable for one. This includes: faults, flood plains, wetlands, or any other restricted area.
- A leachate collection and removal system—a proper landfill is required to have some kind of system to collect and treat leachate (liquid that becomes toxic by absorbing substances of the landfill by passing through it).
- Required composite liners—all landfills must have a flexible geomembrane that protects the landfill from slipping into groundwater and protects the soil from leachate releases. This liner usually involves overlaying two feet of compacted clay soil that lines the bottom and sides of the landfill.
- Compacting and covering-landfills must have a system that compacts and covers waste frequently using soil. This will help to reduce odor, diminish the abundance of insects and rodents, control litter, and protect public health in general.
- Groundwater monitoring—landfills must have groundwater monitor and testing wells. This is to determine whether waste materials from the landfill have seeped into the groundwater.
- Requirements for closed landfills—closed landfills must be covered and cared for even after closure.
- Corrective action and provisions—companies in charge of landfills must make sure that they are cleaned, under control, and groundwater protection standards are up to code.
- Financial assurance—landfill companies must have funds set aside for the environmental protection agency in case of violations and for post-closure care.
Banned materials from landfill disposal
There are some household materials that cannot be disposed of in a landfill. They include:
- Certain paints
- Certain cleaners and chemicals
- Motor oil
- Batteries
- Pesticides.
These products are called “household hazardous waste”. If disposed of improperly these materials can be dangerous to your health and the environment. Landfills will have household hazardous waste drop-off stations for these materials.
Distance regulation
In 2008, the EPA the federal government ruled that a 500m to 1000m (depending on the size of the landfill) buffer distance between a landfill and “sensitive land uses” was necessary to meet regulations. Sensitive land uses are defined as, “uses that by their nature and characteristics can be significantly impacted by the noise, odor, vibration, air quality and inherent hazards associated with other uses near it. Sensitive uses include, but are not limited: single family residences, schools, churches, hospitals, day care facilities and nursing homes,” (EPA.gov)(Ontarioplan.org).
http://www.epa.wa.gov.au/docs/1840_GS3.pdf
http://www.ontarioplan.org/index.cfm/31581
Aluminum dross
Aluminum dross is a particular foul smelling flammable material that requires special attentions in landfills. It “consists of metal, salt oxides and other non-metallic materials.” It is categorized into two separate types: black dross, which “is dry, granular, has a low metal content and high amounts of oxides and salts” and white dross which is “wet, has a high metal content and smaller amounts of oxides and salts,” (Ohio Landfills). In addition to having a scent similar to ammonia, aluminum dross can be hazardous to the environment and our health if exposed to fire. This was recently a problem for Countywide Recycling & Disposal Facility in Pike Township landfill where aluminum dross contributed to a massive underground fire (cantonrep.com).
http://www.ohiolandfills.org/?page_id=34
Health Hazards
Landfill odor on its own is not classified as a health hazard. However, if a landfill does not abide by all of the regulations given by the EPA and the state, it results in groundwater contamination, soil contamination, or toxic fumes. All of which these serious health hazards such as
- Bladder cancer
- Leukemia
- Birth defects
- Learning disabilities in children
- Nervous system damage
- Heart disease
(CNN) (NY Health Department):
When landfills violate the regulations
When waste management companies violate the regulations set by the EPA and the state, they sometimes incur monetary fines and penalties. Usually, the state or federal agency requires the landfill proprieter to take action to be taken by and engage in cleanup procedures. If a landfill does not fix a problem within a specified time, the EPA can impose fines.In extreme situations,the EPA can revoke the landfill’s operating permit (in other words, shut it down).
The bottom line is that when a landfill has a problem, it has to fix it. Countywide (a prominent landfill company) has recently spent $74 million to remediate the excessive odors/fires at its landfill (which one?). These funds covered excavation of waste, gas monitoring and collection, a liner to cover landfill, and other necessary improvements. In addition, they paid $11 million in fines.
Weitz & Luxenberg’s role
If you have been negatively affected by landfill odor, Weitz & Luxenberg can help you. We can assist you in filing an odor lawsuit against those responsible so that you can get compensation for damages such as:
- Drop in property value due to extreme odors (property value is known to drop 12.9% on average from landfill odors)
- Medical expenses due to Illnesses from toxic fume inhalation and/or groundwater contamination
- Moving costs due to forced relocation
- Lost income as a result of the incident
- Future income lost due to illness-related forced retirement as a result of the incident
- Any out-of-pocket expenses and debts as a result of the incident
Contact Weitz & Luxenberg today for a free legal consultation.
Sources:
http://articles.cnn.com/2010-08-31/us/wyoming.epa.water_1_drinking-water-epa-safe-water?_s=PM:US
http://www.health.state.ny.us/press/releases/1998/landfill.htm
http://www.epa.gov/osw/nonhaz/municipal/landfill.htm
see also:
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