Los Angeles County has filed a lawsuit against the owners and operators of Chiquita Canyon Landfill, a Southern California landfill operated by The Woodlands, Texas-based Waste Connections Inc.
This lawsuit seeks to address what the county refers to as ongoing environmental and public health hazards caused by the landfill’s operations and seeks relief for impacted communities.
The lawsuit, filed in the United States District Court for the Central District of California, alleges the landfill’s owners—Chiquita Canyon LLC, Chiquita Canyon Inc. and Waste Connections Inc.—have failed to control a persistent underground smoldering reaction within the landfill, which has been emitting odors, gases and leachate into nearby communities and the environment for approximately two years.
The landfill operator has been working to remain in compliance with a Unilateral Administrative Order, issued by the U.S. Environmental Protection Agency (EPA), to implement dozens of corrective measures recommended by federal, state and local agencies to slow and eventually abate the smoldering. This includes the installation of more than 200 gas extraction wells, multiple flares, leachate extraction systems and a geomembrane cover to encompass the reaction area.
A Chiquita Canyon spokesperson says landfill operators will contest the lawsuit and maintain their focus on improving conditions at the landfill.
“The county’s lawsuit filed on Dec. 16 is misguided and counterproductive to efforts to mitigate the elevated temperature landfill event,” the spokesperson says. “The lawsuit completely mischaracterizes the sustained work to address conditions at Chiquita Canyon, much of it done in close cooperation with the county.”
LA County says the landfill operator is nearing completion of the majority of these measures but that local residents have indicated the odors and impacts have not been significantly abated.
“This lawsuit is a necessary step to ensure accountability and compliance with the rules that protect our residents and the environment,” Chair of Los Angeles County Kathryn Barger says. “We must hold the responsible party accountable and continue doing everything possible to restore safe and healthy living conditions for our communities. While federal, state and county agencies are working around the clock with the landfill operator to mitigate this incident, it’s clear that the geomembrane cover and mitigation measures have not brought a permanent stop to the awful stench that afflicts the surrounding communities.”
The underground reaction, located in the landfill’s northwest corner, has impacted surrounding neighborhoods, including Val Verde, Halsey Hills, Hasley Canyon and other areas of Castaic, the county says.
Residents have reported daily exposure to foul odors, experiencing symptoms such as migraine headaches, nausea, bloody noses, respiratory issues and cardiac complications.
According to Chiquita Canyon, its community relief fund provided approximately $15 million directly to residents to pay for relocation, home hardening and assistance with utility bills.
“For the 1,829 households that have received funding, that money can be used by residents however they deem appropriate,” the landfill’s spokesperson says.
In addition, Chiquita says it has distributed nearly 3,000 air purifiers to residents at a cost of more than $1 million and has paid to ensure schools near the landfill have carbon filtration in classrooms and multipurpose spaces.
“Any suggestion that Chiquita Canyon has not been proactive and supportive of our neighbors while we’ve been working under the direction of federal, state and local regulatory agencies to mitigate the elevated temperature landfill event is wrong and irresponsible,” the spokesperson says.
Chiquita Canyon says it also has expanded its live air monitoring locations and sample data collections, making this information publicly available on its website.
“Despite repeated enforcement actions and abatement orders, the landfill operators have not adequately addressed the situation,” says Dušan Pavlović, senior deputy county counsel for Los Angeles County. “This lawsuit seeks to ensure immediate action to stop the harm. The resources that have been deployed in the community fall woefully short.”
Earlier this year, the Diamond Bar, California-based South Coast Air Quality Management District (South Coast AQMD) Hearing Board issued an Order of Abatement requiring the Chiquita Canyon Landfill take additional steps to reduce odors, following a previously reached agreement between the agency and landfill operators in January.
In June, EPA issued a violation notice to Chiquita Canyon LLC for New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants for municipal solid waste (MSW) landfills.
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