Los Angeles County Board of Supervisors Chair Kathryn Barger announced today that Los Angeles county has filed a lawsuit against the owners and operators of Chiquita Canyon Landfill, seeking to address ongoing environmental and public health hazards caused by the landfill’s operations and seek relief for impacted communities under siege.
The lawsuit, filed in the United States District Court for the Central District of California, alleges that the landfill’s owners, Chiquita Canyon, LLC, Chiquita Canyon, Inc. and Waste Connections US, Inc., have failed to control a persistent and harmful underground smoldering reaction within the landfill, which has been emitting noxious odors, hazardous gases and toxic leachate into nearby communities and the environment for nearly two years.
The county’s complaint includes claims for public nuisance, violations of the California Unfair Competition Law and violations of the Los Angeles County Code. The county is seeking an injunction to halt the noxious emissions and protect affected communities, orders to relocate nearby residents temporarily until the reaction is contained and civil penalties for the defendants’ ongoing violations of environmental and public health laws.
The landfill operator has been working to remain in compliance with a Unilateral Administrative Order, issued by the United States Environmental Protection Agency, 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, installation of multiple flares, leachate extraction systems, along with the installation of a geomembrane cover that will encompass the reaction area where the odors are emanating from.
While the landfill operator is nearing completion of the majority of these measures, 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,” said Barger. “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. This lawsuit is a powerful tool that demands the landfill owners bring immediate relief to impacted residents. They must step up efforts to take care of those that have been harmed by their facility.”
The underground reaction, located in the landfill’s northwest corner, has severely impacted surrounding neighborhoods, including Val Verde, Halsey Hills, Hasley Canyon and in other areas of Castaic. Residents have reported daily exposure to foul odors, experiencing symptoms such as migraine headaches, nausea, bloody noses, respiratory issues and even cardiac complications. Families have been forced to stay indoors, run the air conditioning and heat at all times of the day and have been unable to enjoy outdoor activities or even use their yards–further impacting mental health and wellbeing, especially of local children.
“Despite repeated enforcement actions and abatement orders, the landfill operators have not adequately addressed the situation,” said 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.”
The lawsuit follows extensive efforts by local, state and federal agencies—including the South Coast Air Quality Management District, California’s Department of Resources Recycling and Recovery, California Department of Toxic Substances Control, California Environmental Protection Agency and the U.S. Environmental Protection Agency, to address the issue through abatement orders, notices of violation and mandated mitigation measures. Despite these efforts, the landfill’s operators have failed to contain the underground reaction, which they admit could persist for years.
A copy of the lawsuit filed is accessible here.
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