By Sonia Osorio, Zero Footprint
Aug 19, 2024, 06:00 AM EDT
Residents of Perinton, New York, began smelling odors from the High Acres landfill up to five times a week, unaware of the impacts it could have on their health. The stench has spread up to six miles away, also affecting surrounding towns such as Macedon, Gananda, Walworth and Penfield.
To defend their right to fresh air and quality of life, they organized and formed the group Fresh Air for the Eastside, which has fought for this goal for several years and filed a lawsuit together with the residents of Perinton and Macedon against the landfill.
The stench, emissions, noise and climate change impacts from the landfill’s operation were alleged to violate the environmental rights of nearby property owners and residents.
The landfill is located between the eastern edge of Monroe County in the Town of Perinton and western Wayne County in the Town of Macedon, is 366 acres in size and was built in 1971.
Waste Management of New York, LLC, the owner and operator of the landfill, says the facility is designed with environmental protection systems that “meet or exceed rigorous government regulations and are subject to highly regulated monitoring and reporting requirements.”
Systems include liners and covers, wastewater collection and disposal, and landfill gas collection and control. “No hazardous materials are accepted at the landfill,” it details on its website.
The Fresh Air for the Eastside lawsuit was filed in 2022 based on New York’s constitutional environmental rights amendment called the “Green Amendment,” which enshrines the right to clean air, water, and a “healthy environment” and was approved by 70 percent of New Yorkers in November 2021.
The defendants were the state of New York, the state Department of Environmental Conservation, the City of New York and Waste Management of New York, LLC, according to the court document in the case.
Fresh Air for the Eastside asked the court to require the state to immediately close the landfill or order the state and Waste Management to take immediate steps to reduce emissions.
A judge that same year issued a ruling dismissing the lawsuit against the city and the landfill owner and allowing the lawsuit against the state. But an appeals court reversed that decision and struck out Fresh Air for the Eastside’s lawsuit at the end of July 2024.
The court said the Green Amendment cannot be used to ask courts to order state agencies to take specific enforcement actions. Instead, legal precedent says agencies retain enforcement discretion, WAMC Northeast Public Radio reported.
Attorney Alan Knauf, who represents Fresh Air For the Eastside, told the outlet that the ruling disappointed the organization, but they plan to appeal.
The court also ruled that the Green Amendment cannot be used to sue private entities because constitutional rights only regulate government action.
Health effects of landfills
Landfill gases can travel through the soil and accumulate in nearby buildings, and experts warn that the gases of greatest concern are ammonia, sulfides, methane and carbon dioxide.
Short-term exposure to elevated levels of ammonia and sulfur in the air can cause coughing, eye, nose and throat irritation, headaches, nausea and breathing problems, the New York State Department of Health said.
As for greenhouse gases from waste, the World Bank warns that they are a key contributor to climate change. By 2050, the world is expected to generate 3.4 billion tons of waste per year, compared to 2.01 billion tons today, it said in its report “What a Waste 2.0: A Global Snapshot of Solid Waste Management to 2050.”
Officials said if people suspect landfill gas is entering their home they should contact their regional New York State Department of Environmental Conservation office.
Measures that help prevent landfill gas from entering a building include minimizing entry points and ensuring adequate ventilation. Landfill gas entry points can be minimized by eliminating cracks and gaps in the basement through caulking and sealing.