Two Downvalley couples filed suit against Environmental Recycling Services Inc. landfill on Friday, possibly paving the way for a class-action lawsuit for hundreds of Taylor and Old Forge residents.
The couples, one from each borough, filed papers late Friday afternoon at the Lackawanna County Courthouse. The suit claims negligence by ERSI -- related to the ubiquitous rotten-egg smell -- has led to health problems, declining property values and "great annoyance" for Louis and Lori Andrewlavage of Taylor and Joseph and Lenette Breymeier of Old Forge.
They're seeking an immediate cleanup and monetary damages.
"You can't drive down Sibley Avenue, or any street around here for that matter, without smelling that odor," Mr. Breymeier said. "Sometimes you walk out your door and that smell just hits you in the face.
"This used to be a great neighborhood until the landfills came along."
Mr. Breymeier said his wife has been having severe headaches and he has had more intense throat irritations over the last few months -- about the same time the sulphur smell intensified.
He said the lawsuit is on behalf of everyone whose quality of life has suffered due to the landfill odor.
"The people of Old Forge and Taylor, I think they're just tired of this," said David J. Gromelski, an attorney with Wright & Associates of Scranton who filed the suit. "This has been going on since August and September, and it's gradually getting worse."
Mr. Gromelski contends the two couples are representative of hundreds, if not thousands, of residents affected by the landfill. He just has to convince a judge that rolling scores of possible lawsuits into one is the way to go.
"I think the people have basically been injured in the same manner," Mr. Gromelski said, "by the same defendant from the same common course of conduct."
Every property owner within a 1-mile radius of the landfill is a member of the class-affected area, according to the lawsuit.
Mr. Andrewlavage said that for him and his family, the rotten-egg smell has intruded on their everyday lives -- especially since this past summer, when landfill soot soaked his car and seagulls regularly flew over his house.
"When friends came over for a summer cookout, they all of a sudden lose their appetite," Mr. Andrewlavage said. "My daughter comes home from school all the time getting sick with headaches. And who knows if 10 or 20 years from now these kids won't have more serious health problems because of this smell."
Mr. Andrewlavage said he has heard people tell him he shouldn't make such a stink about the odor.
"People don't realize it, they say it's just a smell and we should deal with it," he said. "If they lived here, they would see how it feels. It's not just us, it's all the neighbors here who feel this way."
If a judge certifies the case as a class-action suit, residents will be able to add their names to the complaint. And they may have to if they're looking for legal relief.
Once it moves forward as a class action, it's difficult to bring individual lawsuits, Mr. Gromelski said. "It's kind of like the only game in town."
Adjacent to the old Amity Landfill, ERSI is strictly for construction and demolition debris, not municipal waste. From September through mid-November, officials from the state Department of Environmental Protection verified odor complaints on 17 days.
Heavy odors prompted the evacuation of about 1,000 Riverside School District students on Wednesday morning. Landfill officials then constructed gas-collection wells and ignited two flares to burn excess gas.
Site manager Nick Genova referred questions to the landfill's attorney, Scott Gould. An after-hours call to Mr. Gould's office was not returned.
DEP continues to monitor air quality at the site and in nearby neighborhoods.
Taylor Councilman Mark Mattioli wasn't surprised when he heard about the lawsuit.
"This problem affects their quality of life," said Mr. Mattioli, "and that means they have every right to complain about it and have the problem corrected."
ERSI has 20 days to respond to the suit.