Pearland residents living in the Shadow Creek Ranch master-planned development have complained about noxious odors that have dogged the community for years.

After nearly 3,000 formal odor complaints and 100 state investigations over the past two years, Pearland City Council has resolved to settle the issue in court.

The city filed a lawsuit against Blue Ridge Landfill in July over landfill gases emitted from the site the city alleges has been the source of the putrid smell that frequently occurs overnight and in the early hours of the morning. Homes in Shadow Creek Ranch with backyards facing FM 521 are directly across the street from the landfill.

“We’re going to limit any public comments at this time other than what the actions are that council has taken,” Pearland City Attorney Darrin Coker said. “We will move in what I consider to be a prompt manner to address it.”

City Council members declined to comment or did not return calls for comment by press time.

Momentum for the city’s intervention has been building as a result of continuous citizen involvement. A resident court petition that could become a class action lawsuit is pending. Additionally, municipal utility district directors have spoken out against the issue due to the potential for diminished taxes.

Building a case

The city of Pearland filed its eight-page civil lawsuit against Blue Ridge Landfill in a Travis County district court on July 6.

The city is seeking a restraining order and an injunction against the landfill as well as $1 million in damages in addition to legal fees and investigative costs, according to the lawsuit.

A temporary restraining order and injunction was requested of the court, and a permanent injunction was requested upon final trial for the landfill to “immediately cease and desist” its alleged odor-causing emissions and to correct its alleged design and operational defects, according to the court petition.

The city alleged that the landfill is causing “immediate and irreparable injury, loss or damage” due to emissions of air pollutants in violation of the Texas Clear Air Act that affect the health and welfare of Pearland residents as well as the use and enjoyment of their homes.

Blue Ridge Landfill has not yet filed its answer to the city’s lawsuit, but its operator, Republic Services Inc., responded to a request for comment from Community Impact Newspaper stating the allegations were meritless.

“Any prior concerns were addressed and resolved in an agreement with [the Texas Commission on Environmental Quality] at a hearing on July 7,” said Russ Knocke, vice president of communications and public affairs at Republic Services. “The city’s allegations do not acknowledge other odor sources, including the potential that the city’s own wastewater treatment plant has contributed to the concerns.”

Reflection Bay Wastewater Treatment Facility in Shadow Creek Ranch received five notices of violations between 2012 and 2013, according to TCEQ documents. Most recently, the TCEQ investigated the wastewater facility this May after receiving a complaint about sewage smell in the area, but no violations were found.

The landfill was cited on Oct. 21 by TCEQ as the alleged source of the west Pearland odor after assessing 13 facilities, six of which—including the landfill—were in west Pearland. And in January, the landfill was cited again for failing to perform surface emissions monitoring in accordance with regulatory law, according to the citation.

The city’s lawsuit was filed a day before TCEQ commissioners approved an agreed order outlining corrective actions and a $44,000 fine against the landfill. Although officials declined to comment, Deputy City Manager Jon Branson and Pearland City Council Member Trent Perez objected to the agreement at a TCEQ hearing, saying the order was not punitive enough to deter future emissions.

“There’s a serious issue here, and it’s not being addressed,” Branson said to TCEQ commissioners on July 7. “We don’t believe [the agreement] helps protect the health, welfare and safety of our residents.”

The landfill denied all allegations made by TCEQ investigators when it signed the agreement, which was approved by TCEQ commissioners on July 7 in a public hearing.

“Blue Ridge Landfill developed a plan in collaboration with TCEQ that is comprehensive and should put to rest community concerns as those concerns relate to the landfill,” Knocke said. “There are other known odor sources in the area, and those sites are on the TCEQ’s radar.”

The landfill agreed to improve self-monitoring procedures, submit a plan for odor emissions prevention, 24/7 monitoring and detection of off-site odors, and develop procedures for self-investigating and self-recording odor complaints, according to the agreed order.

“One of the things that gives me the biggest amount of concern is how we allow these folks to self-assess. It’s sort of like when I was in a school and we got to grade our own paper,” state Rep. Ed Thompson, R-Pearland, said at the July 7 TCEQ hearing on the agreement, adding the fine was not punitive enough.

Residents speak out

Shadow Creek Ranch residents have publicly mobilized to protest the nuisance odors permeating their homes. Residents packed City Hall as early as April demanding council members pursue litigation against the landfill, and they filled a hotel ballroom in February during a town hall that local elected officials and TCEQ attended.

Under mounting public pressure, the City Council approved a resolution in April requesting the TCEQ to immediately suspend the landfill’s permit, which was denied.

However, relief from nuisance odors cannot come quick enough for some homeowners. Eight Shadow Creek Ranch residents filed a joint suit in November, seeking $5 million in damages. They are pushing to certify their case as a class action lawsuit by the courts, but a decision will not be made on class status until mid-2018. A trial date will not be decided until a decision is made on class status.

“Unfortunately, it’s a process, but the good news though is that it’s a process that is in motion,” said Brenton Allison, an attorney for the residents.

The lawsuit filed by the residents alleges the landfill “intentionally” and “negligently” failed to prevent odors from invading their properties, affecting quality of life and lowering property values.

Republic Services denied the residents’ allegations.

Taxes at stake?

MUD boards in Shadow Creek Ranch are concerned that without a resolution to the drawn-out odor issue, property appraisals could take a hit if the area becomes less desirable, said Michael Parks, president of Brazoria County MUD No. 26.

Although there are no indications as of yet, diminished property values would mean fewer tax dollars for Brazoria County MUD No. 26 and Brazoria-Fort Bend County MUD No. 1, the latter of which has homes across the street from the landfill.

“Our values have to be strong to pay off debt,” Parks said. “We want to see what’s going to happen on our end [and] hold the TCEQ accountable on what they said they’re going to do.”

As of September 2016, Brazoria County MUD No. 26 had $37 million in outstanding debt, which will cost $45 million after interest to pay off by 2030, according to debt service documents. The district has another $33 million in authorized but unissued bonds. The district, which was formed in 2002, covers more than 1,700 acres.

Brazoria-Fort Bend County MUD No. 1 had $75.6 million in outstanding debt as of September 2016 that will cost $98.4 million to pay off after interest by 2034. The district has an additional $90 million in unissued bonds and refunding bonds, according to documents.

“I hope through [the city lawsuit] that Blue Ridge will ultimately do what they need to do to make this right,” Parks said.

The TCEQ will continue to stay involved.

“So long as there are complaints, we will continue to investigate,” TCEQ spokesperson Andrew Morrow said.