Source: http://www.rrstar.com, August 6, 2013
By: Kevin Haas

A group of residents that live near the Winnebago Landfill has filed a lawsuit that says the company failed to control landfill gases and its noxious fumes.
Multiple plaintiffs from 70 households are listed in the suit filed Monday in the 17th Judicial Circuit Court in Winnebago County. The group is represented by Todd Hageman, whose profile with The Simon Law Firm of St. Louis says he specializes in representing clients harmed by landfills.
The suit says that the Winnebago Landfill company’s operation was negligent and reckless, which put neighbors’ health at risk. It says that neighbors were continuously exposed to the odor of hydrogen sulfide, which smells like rotten eggs. It also says the company inadequately managed the landfill gas generated at the site.
The suit looks for monetary damages to compensate residents for the loss of use and enjoyment of their property, annoyance and discomfort. The suit says the amount the landfill should pay to residents will be proved at trial.
The odor was caused by construction debris that included shredded wood and drywall, according to the company. The material releases hydrogen sulfide when it decomposes, which smells like rotten eggs. Exposure to low concentrations of hydrogen sulfide can also cause eye irritation, a sore throat and cough, shortness of breath and fluid in the lungs, according to the Illinois Department of Public Health. The company says the levels present outside the landfill do not pose a health threat.
The company said it has taken several steps to reduce the odors, including eliminating the collection of the material that caused the release of hydrogen sulfide. It also started an odor hotline about three years ago to monitor complaints about smell. Right now, the Winnebago Landfill is working on capping a portion it believes was the cause of most of the odor complaints.
The Winnebago Landfill is about a mile away from the Orchard Hills Landfill in Ogle County, which has also received numerous complaints about the smell. John Lichty, president and CEO of Winnebago Landfill owner Rock River Environmental Services, said the problem in settling a dispute over damages will be trying to distinguish between the two landfills as a source of odors.
“We’ve heard the concerns of the residents for the past few years about odors in the vicinity of both landfills,” Lichty said. “We have been diligent about seeking a remedy. Data and complaints received both substantiate that a lot of progress has been made.”
Lichty said he has not been served with the lawsuit yet, but that the Winnebago Landfill has been proactive in its work to remedy odor complaints.