Otay Landfill Settlement Information
A judge in the Superior Court in San Diego County, California has preliminarily approved a class action settlement in the matter of Sauls, et al. v. Otay Landfill (Case No.: 37-2020-00046696). The lawsuit was filed in 2020 and alleged that noxious odors from the Otay Landfill, located at 1700 Maxwell Rd., Chula Vista, California released noxious off-site odors, causing property damages through nuisance and negligence.
The Settlement, agreed upon by the parties and preliminarily approved by the Court, would require Defendant to pay $500,000 into a cash fund for the benefit of the Class and to pay at least $1.2 million to undertake certain Odor Control Measures to mitigate the effect of any potential odors associated with the operation of the Otay Landfill moving forward. The Odor Control Measures will include:
• The purchase and maintenance of misting equipment, including stationary spray systems and mobile units, to produce airborne mist containing odor-neutralizing agents;
• Landfill gas well installations in the landfill waste mass and a landfill gas flare to destroy landfill gas collected from within the waste mass;
• The application of Gore or similar covers for the compost operation to reduce composting odors.
Please see the Class Notice and the Settlement Agreement below for more information on how the proceeds of the Settlement will be distributed to Class Members and for details regarding the Odor Control Measures specified in the Settlement Agreement.
The Class is defined as follows:
all owner/occupants, tenants, renters or lessees of residential property within the Class Area during the time period of December 18, 2017, through the Effective Date (the “Class Period”) who do not affirmatively opt out of the Settlement.
If you have questions about whether you reside within the Class Area, and are eligible to receive settlement funds, please see the Class Area Map below, reach out to Class Counsel by e-mail at info@LSCcounsel.com, or call toll free at (800) 536-0045.
There are several Court-ordered deadlines that must be followed by members of the class:
Claim Forms must be postmarked on or before February 14, 2024 in order to receive compensation from the Settlement Fund.
Opt Outs and Objections must be postmarked on or before February 14, 2024.
If you have questions about this settlement, you may e-mail info@LSCcounsel.com or call toll free at: (800) 536-0045.
For more information, see the documents below.