The Stewarts moved into a neighborhood near the previously established Los Lobos Landfill (“Landfill”). However, the Stewarts noticed an increasingly offensive odor from Landfill supported by the filing of over a thousand odor complaints in 1992. These complaints resulted in City ordering a halt to Landfill’s composting activities in March 1993. This order resulted in Landfill’s composting permits to be withheld until the California Waste Board resolved the issue. Citizens United for Responsible Environmentalism (CURE), begun by the Stewarts, conducted a study that correlated health issues, composting, and Aspergillus fumigatus (fungus) concentration increases. City convened an Advisory Panel (Panel) that determined that Landfill’s composting …show more content…
The CA Civil Code §3479 defines a nuisance as anything but not limited to, that which is indecent or offensive to the senses. The Los Lobos Landfill operations have resulted in thousands of community complaints. Additionally, there are odors that are produced from the composting. This odor is offensive to the local community's sense of smell.
Further, a public nuisance under CA Civil Code §3480 is a nuisance that affects simultaneously a considerable number of persons (i.e. community or neighborhood). A private nuisance under CA Civil Code 3481 is a nuisance not defined as a public nuisance.
The odor emitted from composting by Landfill is experienced and filed by multiple individuals as “a thousand complaints” in 1992. Since the odor affects the community and not just the Stewart's, it would be a public nuisance.
Discussion
What was the Panel's charge?
The County Health Department called for a Panel of experts to "evaluate existing scientific literature on potential health effects from green yard waste composting facilities." This occurred by determining "the expected risk Fungus if composting was reinstated at Landfill, and developing recommendations to ensure the safety of the community if composting was
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The Panel concluded that Fungus exists in the environment and "no risk to human health existed from background exposure levels." This did not answer the question of what the expected risk of Fungus would be if composting was reinstated at the Landfill.
The panel did recommend that composting facilities could be operated safely if good management practices were implemented (like air monitoring), which kind of answers the second charge to the panel. The panel did recommend that composting was safe if given activities occur. It did not provide recommendations for keeping the community safe specifically if composting resumed only general conclusions that composting can be safe.
Additionally, the Panel did not account for the discrepancy between the NYDHS report and the Composting Council’s conclusion (which CURE claims is the result of improper equipment use). Further, the Panel did not address the local’s specific symptoms.
Composting Permits
The possible Fungus spores could pose a health risk based upon data from the NYDHS study, Harry Dobin’s autopsy, and experts in the field. Additionally, the Fungus, presumably, is the cause of the public nuisance (i.e. the odor) and the Fungus spores are the result of Landfill’s
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Starting in 1965, the city of Denver operated Lowry landfill as a combination municipal and industrial waste dump site. Local businesses and residences from the Denver metro area deposited their solid and liquid wastes in the ...
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If a firm reports to the Commission it does not necessarily mean there is a substantial product hazard.
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