More than 200 Perinton-Macedon area residents sue Waste Management over High Acres odors

Meghan Finnerty , Steve Orr | Democrat and Chronicle

Show Caption Hide Caption What's that smell? High Acres increased odors explained Waste Management's Jeff Richardson explains the issues that built up to the increase in smells coming from the High Acres landfill in Perinton.

More than 200 residents of the Perinton-Macedon area are suing the owner of the High Acres Landfill, saying odors and noise from the facility are ruining their quality of life.

The suit, filed Tuesday in U.S. District Court in Rochester, asks a federal judge to scale back use of the landfill and require its owner, Waste Management Inc., to pay damages to area residents.

The grassroots group Fresh Air For the Eastside joined 214 individual residents of Perinton, Penfield, Macedon and Walworth in bringing the case.

The Democrat and Chronicle first reported of odor issues at High Acres in December. Officials from High Acres and Waste Management attributed the odors to new technology, construction, water levels and a clogged pipe and publicly stated they were committed to mitigating the odors and getting back to "good neighbor" status.

“We continue to work with the New York State Department of Environmental Conservation and the host communities to ensure compliance with all of our permits, Waste Management said in a statement. "We have not reviewed the complaint and have no comment at this time.”

The plaintiffs say the company's efforts to address problems at the landfill have failed, and that odors from decaying trash are persistent, noxious and offensive.

The document alleges that Waste Management has interfered with the ability to enjoy life and property.

The plaintiffs say in the legal papers that the odors are so bad their children can’t play in their yards or they can't open their windows. Some say they’re awakened at night by odors or by noise, or that they’re embarrassed to have guests visit their houses. Others say they’re trying to sell their houses and move, but no buyers can be found.

“The odors persist at an intensity and frequency that unreasonably impacts the community’s comfortable enjoyment of life and property," the papers say.

Nighttime noise from the landfill's rail operation disturbs neighbors and can be heard for miles, the plaintiff's complaint alleges.

High Acres, which straddles the border between Perinton and Macedon, is the only landfill in New York state authorized to accept deliveries of solid waste by rail. Waste Management has a long-term contract to dispose of trash brought by special freight trains from New York City.

The imported trash has made High Acres the state's second-largest landfill.

The complaint also alleges tremors or reverberations cause windows to rattle and structural cracks to appear in nearby homes, that chemical deodorizers released by Waste Management to mask the landfill odors have made people feel ill, and that vermin are a problem in some locations.

The plaintiffs want the court to order Waste Management to reduce odors and other air emissions. To accomplish that, they want the order to permanently bar the company from using two sections of the landfill that have been implicated in the odor problems and to immediately reduce shipments of trash from New York City by at least 50 percent.

They also want rail-related operations restricted to daylight hours.

As well, they want compensation for loss of property values, loss of enjoyment and for health problems that residents tie to the landfill.

Questions surrounding whether the landfill is having an impact on residents' health has been brought up repetitively over the past nine months.

According to the court documents, Waste Management "is also causing imminent and substantial endangerment to health or the environment" due to their operations.

During a 12-week air monitoring program by the landfill company, approved by the New York state Department of Environmental Conservation, two public health assessments were conducted.

One was at the request of the town of Perinton and another by Waste Management.

The results from the five air monitoring systems showed no dangerous levels of hydrogen sulfide, a gas that smells like rotten eggs, said Perinton Town Supervisor Michael Barker. The hydrogen sulfide readings were reported below what the town's Conservation Board requested. The board requested an even lower threshold than state requirements, he said.

The results show that hydrogen sulfide levels are not a public health concern, according to a statement from Waste Management.

MEFINNERTY@Gannett.com

SORR@Gannett.com

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