22-04-2025
Tontitown residents file class action lawsuit against Eco-Vista Landfill
TONTITOWN, Ark. (KNWA/KFTA) — Tontitown residents filed a class action lawsuit April 18 against the Eco-Vista Landfill, claiming the site released 'noxious odors' onto their properties.
The lawsuit is the newest development in the ongoing controversy between the landfill and the residents of the city.
The lawsuit was filed in the Washington County Circuit Court by Mark Calcagni, Dennis Boyer, and Kenneth Lovett on behalf of residents who live within a three-mile radius of the landfill.
According to the lawsuit, the property of the residents has been 'physically invaded by noxious odors,' originating from the landfill.
The lawsuit says the release of the odors is either intentional or due to negligence, and that the odors have continued to spread everywhere in the area.
According to the lawsuit, the landfill transfers large amounts of leachate, a highly odorous liquid made of waste from materials it has received. The lawsuit says, if not properly treated, the leachate can emit noxious odors beyond the landfill's property.
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Potentially toxic chemicals were found in the air around the landfill after the Arkansas Department of Environmental Quality (ADEQ) tested the area.
The five toxic chemicals in the air at notable levels were: acrolein, benzene, carbon tetrachloride, chloroform, and naphthalene.
The lawsuit notes results showed a 4,900% exceedance of the Environmental Protection Agency's Restricted Substances List in acrolein. It also points out that testing showed a 209% exceedance of the RSL in benzene.
'A properly operated, maintained and managed landfill will prevent the escape of fugitive noxious air emissions…' the lawsuit says.
The lawsuit accuses the landfill of failing to follow proper practices to prevent noxious off-site odor emissions and failing to collect and destroy the emissions.
The lawsuit mentions that the landfill has been the subject of frequent odor complaints from residents in the nearby area. It also says the landfill has been cited by regulators for failing to operate in accordance with its permits.
The residents are seeking:
Compensation for damages,
An order deeming the odors on the residents' properties a nuisance,
An order that deems the landfill was negligent in causing property damage to the residents,
The landfill to comply with federally and state-enforced air permits,
Attorney fees and costs, and
All other relief that the court deems appropriate.
Tontiown residents recently attended a public hearing regarding the landfill's air permit application to the ADEQ.
The landfill and Tontitown residents both released statements following the permit application.
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