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Saufley Landfill ordered closed; nearby residents join lawsuit

March 11th, 2008 by Todd Hageman

NEWS RELEASE

March 11, 2008
 
Florida officials order hazardous landfill containing hurricane debris closed; nearby residents join suit against landfill owners 
 
Pensacola, Fla. – The Florida Department of Environmental Protection has declared that the Saufley Landfill in Pensacola, Fla., is abandoned and will oversee the facility’s closure. In addition, 97 residents living near the landfill have been added as plaintiffs in a separate lawsuit filed against the owners.

The Saufley Landfill was opened on Jan. 31, 2005, as a repository for construction and demolition debris. After Hurricanes Ivan and Dennis the landfill received gypsum-drywall debris, which produces hydrogen sulfide gas as it degrades. Exposure to hydrogen sulfide—which gives off the foul smell of rotten eggs—causes burning eyes, headaches, nausea, fatigue and respiratory problems.

The landfill’s owners, Louisiana Investment Group LLC and Coastwide Disaster Relief & Recovery LLC, allegedly failed to follow state landfill regulations and permit conditions. As a result, an excessive amount of hydrogen sulfide has been produced at the facility—at times the concentration of the gas has been 22 times higher than the odor threshold recognized by the state department of health—and the poor conditions have allegedly caused multiple landfill fires.

Because of the excessive hydrogen sulfide levels, the Saufley Landfill was declared a public-health hazard to nearby residents. On March 4, after four contempt orders had been issued against the landfill’s owner, the FDEP entered an Order of Abandonment against LIG, concluding that it was unable to bring the landfill into regulatory compliance and could not carry out the long-term care that was needed. LIG has 21 days after receiving the order to file an administrative hearing petition.

On March 7, a lawsuit filed by nearby residents against LIG and Coastwide Disaster Relief and Recovery over the landfill conditions was amended. Ninety-seven additional residents were added to the negligence and nuisance lawsuit, which alleges that the owners’ actions have resulted in respiratory illness and physical discomfort on the part of the residents and loss of use and enjoyment of the residents’ property.

The plaintiffs are represented by Jacksonville, Fla.-based attorney Van Kirk McCombs of The Law Offices of Van Kirk McCombs II, Todd Hageman of St. Louis-based Simon Passanante and Tracy P. Moye of the Tallahassee, Fla.-based Moye Law Firm. For more information, contact Van Kirk McCombs at 904-353-1555.

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Media contact: Geri L. Dreiling
Legal Media Matters LLC
314-743-3851 or 314-520-3897
legalmediamatters@sbcglobal.net

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