Clean Harbors Colfax Disposal of Ordinance and Nearby Properties Class Action

This class action concerns the disposal of hazardous waste by a facility of Clean Harbors Colfax, LLC because of loud noise, shock waves, toxic smoke, bad odors, and drifting particulate, which affect nearby properties. This class action claims that the company disposes of not only toxic materials but also armaments and explosive substances, and that this activity has interfered with the peaceful enjoyment of nearby properties and may be affecting the health of those who live there.

The class for this action is all owners, occupants, and renters of residential property who live within a four-mile radius of the Clean Harbors Colfax facility boundary.

Clean Harbors is a facility of around 730 acres, 43 of them allotted to hazardous waste disposal. It accepts and gets rid of a variety of hazardous waste materials. The complaint lists the toxic chemicals brought there as including arsenic, barium, cadmium, chromium, lead, and perchlorate.

It also disposes of a long list of explosive or weapons-related substances, the complaint alleges: “explosive tritonal substances (a mixture of TNT and aluminum used in ordinance such as air-dropped bombs), hand grenades, small arms ammunition, detonators for ammunition, detonating fuses, detonators, solid propellants, rocket motors, warheads, shaped charges, detonating cords, black powder, and fireworks.”

The materials are destroyed through open-pit burning and open detonation (OB/OD), the complaint says, with the burning taking place on a set of metal trays set on a very large concrete slab. The complaint alleges, “The materials are ignited with diesel fuel and burned outside completely open the environment. No attempt is made to contain or capture the emissions, fumes, or smoke from the burning. No attempt is made to limit the noise of physical blast wave caused by the explosion of ordinance and munitions.”

The surrounding properties often complain of the facility’s activities, which the complaint alleges describes as “concussion[-]like explosions and long burns creating thick black smoke emanating from ground[-]level burn pits.” The Louisiana Department of Environmental Quality (DEQ) has undertaken at least fifty investigations into the incidents, some taking place over days. According to the complaint, a report from the Louisiana Environmental Action Network also summarizes some of the complaints.

Although Clean Harbors hired a research firm sometime around 2017 to suggest alternatives to its OB/OD disposal, the complaint alleges that the company has not implemented these other methods but has continued its OB/OD operations.

The plaintiff in this case, Ricky Bush, alleges that he suffers the effects of the disposal operations multiple times per week, including on Saturdays. He is awakened by the loud booms, he says, two or three times per week, and his house is shaken and he smells noxious odors equally often. He also claims he must stay inside, keep his windows and doors shut, and not operate the air conditioner when the smell comes. Other times, he says, he can hear particulate hitting the property around him.

Article Type: Lawsuit
Topic: Environmental
Tags: Bad Odor, Dispersal of Particulate Matter or Other Contaminants, Environmental, Negligence, Nuisance, Trespass