South Jersey homeowners file lawsuit over landfill's strong odors: 'Makes you vomit'

ABSECON, New Jersey (WPVI) -- A lawsuit filed by homeowners in an Absecon, New Jersey neighborhood alleges the Atlantic County Utilities Authority (ACUA) is violating federal and state environmental laws in its operation of a landfill on Delilah Road in Egg Harbor Township.

Right now, homeowners are seeking an injunction to stop operations at the landfill while the process plays out.

I was duped by the realtor. If I had been aware what I was up against, I would not 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 mild stroke.

One woman questioned if a cancer diagnosis is related.

Another woman said she thought a brain tumor had returned, but it turned out painful headaches were due to breathing in toxic gases, according to her doctor.

"Because they operate overnight, I would say around 10 o'clock it will be a complete 15 on a scale of 1 to 10," said Ricky King Luke.

Ricky King-Luke and his neighbors live in Bel Air Lakes, a 55 and up community about two miles from the landfill. They believe the gases emitted from the landfill and into the air are also seeping into their homes.

Many residents are retired but are unable to enjoy their retirement or even socialize the way they would like.

"I'm talking about an odor that smells like feces, very, very powerful, strong odors that wakes you up out of a dead sleep, that makes your eyes water, that makes you vomit, that makes you nauseous, that eliminates your appetite, that basically robs you of the ability to enjoy your community and your home," said environmental attorney Pete Fontaine, of Cozen and O'Connor Law Firm.

Fontaine is representing the homeowners in their lawsuit against the ACUA.

"We believe that the landfill needs to be closed and capped permanently," Fontaine said.

Homeowners allege the issue has gotten worse over time, and complaints to state and local agencies have gone unaddressed. Fontaine says testing has been done that proves levels of hydrogen sulfide and other gases are elevated beyond regulatory limits.

"The people that are exposed to these levels are suffering health impacts, and those impacts could be lasting. They've been left to fend for themselves and that is not right and that's what we're trying to rectify. This really is a matter of very, very awful impacts on the quality of life of these poor people and so that's what we're trying to get justice for, Fontaine said.

The ACUA released this statement to Action News Friday:

"The Atlantic County Utilities Authority (ACUA) strongly disagrees with the misleading statements and characterizations of the events set forth in the complaint filed against it on Thursday, May 23, 2024.

The ACUA has operated a comprehensive, effective, and responsible solid waste management system in service of 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 Department of Health. Consistent with this extensive regulatory framework, the landfill is routinely inspected by the NJDEP.

The ACUA's operations are fully transparent, and the legal team representing Bel Aire Lakes has been provided with full access to all data and information requested via multiple requests made pursuant to the Open Public Records Act since January of 2023.

The ACUA and its counsel intend to vigorously defend against these accusations in court by using facts and evidence, not false and sensationalist allegations.

The ACUA remains committed to providing the highest quality waste management services to our community."