ABSECON, New Jersey (KeynoteUSA) — A lawsuit filed by homeowners in an Absecon, New Jersey neighborhood alleges that the Atlantic County Public Utilities Authority (ACUA) is violating federal and state environmental laws in the operation from a landfill on Delilah Road in Egg Harbor Township. .
At this time, the owners are seeking a court order to stop operations at the landfill while the process plays out.
The real estate agent deceived me. If I had been aware of what I was facing, I wouldn’t have moved here,” said Bel Air Lakes resident Jodi McPherson.
One man said he vomits several times a week after morning walks with his dog or after brushing his teeth.
Another man said he suffered a minor stroke.
One woman questioned whether a cancer diagnosis was related.
Another woman said she thought a brain tumor had returned, but it turned out the painful headaches were due to inhaling toxic gases, according to her doctor.
“Because they operate during the night, I would say around 10 o’clock it will be a total of 15 on a scale of 1 to 10,” Ricky King Luke said.
Ricky King-Luke and his neighbors live in Bel Air Lakes, a 55 and older community about two miles from the landfill. They believe the gases emitted from the landfill and into the air are also leaking into their homes.
Many residents are retired but cannot enjoy their retirement or even socialize as they would like.
“I’m talking about a smell that smells like feces, very, very powerful, strong smells that wake you up from a dead dream, that make your eyes water, that make you vomit, that make you nauseous, that take away your appetite. , that basically takes away your ability to enjoy your community and your home,” said environmental attorney Pete Fontaine of the Cozen and O’Connor Law Firm.
Fontaine represents the owners in their lawsuit against ACUA.
“We believe the landfill should be closed and capped permanently,” Fontaine said.
The owners allege the problem has worsened over time and complaints to state and local agencies have gone unaddressed. Fontaine says tests have been done that show levels of hydrogen sulfide and other gases are elevated beyond regulatory limits.
“People who are exposed to these levels are suffering impacts on their health, and those impacts could be long-lasting. They have been left to their own devices and that is not right and that is what we are trying to rectify. This really is an issue of very, very terrible impacts on the quality of life of these poor people and that is why we are trying to get justice, Fontaine said.
The ACUA issued this statement to Action News on Friday:
“The Atlantic County Utilities Authority (ACUA) strongly disagrees with the misleading statements and characterizations of facts set forth in the complaint filed against it on Thursday, May 23, 2024.
ACUA has operated a comprehensive, effective and responsible solid waste management system serving the Atlantic County community for more than 30 years. This includes the landfill in Egg Harbor Township, which is highly regulated by the federal Environmental Protection Agency (EPA), the New Jersey Department of Environmental Protection (NJDEP), and the Atlantic County Health Department. In accordance with this broad regulatory framework, the NJDEP periodically inspects the landfill.
ACUA’s operations are fully transparent and the legal team representing Bel Aire Lakes has had full access to all data and information requested through multiple requests made pursuant to the Open Public Records Act since January 2023.
ACUA and its attorneys intend to vigorously defend these allegations in court using facts and evidence, not false and sensational accusations.
“ACUA remains committed to providing the highest quality waste management services to our community.”
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