NEWS

Perry County residents win lawsuit against landfill

Bradley W. Parks
Reporter

NEW LEXINGTON – The company that owns the Tunnel Hill Reclamation landfill lost a lawsuit claiming mismanagement of the landfill, which led to several odor citations in early 2012.

A judge in Perry County Common Pleas Court found Tunnel Hill Partners, the landfill management company based in Jericho, New York, on Long Island, negligent in its management of the facility outside New Lexington.

More than 100 Perry County residents signed onto the lawsuit in September 2012.

“The 121 Perry County clients that we had are very happy with the result,” said Todd Hageman, a Missouri-based attorney representing the residents.

The trial began July 20 and wrapped up July 28.

Hageman said residents will now seek damages from Tunnel Hill Partners. That trial date is to be determined.

Hageman did not specify a particular monetary amount the residents will seek in the upcoming trial.

Representatives for Tunnel Hill Partners had no comment on the lawsuit.

The lawsuit stemmed from complaints of a foul odor coming from the landfill in early 2012. Nearby residents complained of headaches, nausea and irritation to eyes and noses, among other complaints.

The Ohio Environmental Protection Agency cited the landfill for odor three times in January 2012. The Perry County Health Department cited it once that same month, according to a previous Times Recorder report.

Before that, the county health department and EPA had received six complaints of odor near the landfill in 2011 and several others in 2008 and 2006.

The landfill had been approved to expand from 49 acres to 118 just before the citations were issued in January 2012, creating two new containment areas. At the time, landfill manager Rod Deeds said the cause of the smell was a “bloom of sulfur-reducing bacteria” where the original containment area met a new one.

In March 2012, residents Curt Guisinger and Steve Taylor called a community meeting to discuss the landfill. At that point, Deeds said the smell was “winding down.” The lawsuit was filed six months later.

Tunnel Hill Landfill is the only landfill in Perry County.

bparks2@gannett.com

740-868-3732

Twitter: @Bradley_W_Parks