Randy Burns of The Item reported that DHEC spokesman Thom Berry said the Lee County Landfill is currently in compliance with applicable federal and state guidelines. “One of the problems we have here is that there is no federal or state standard for odor,” he said.
Such a statement may make people feel they have no recourse for the odors they are experiencing. Just because gas levels are beneath a certain health standard or no standard exists for a certain gas does not prohibit the residents from taking action outside of the regulatory agency. In fact, the civil justice system provides residents a cause of action for the annoyances, discomforts and inconveniences they have experienced as a result of the landfill odors. Furthermore, the acute health standards for rotten egg smelling landfill gasses such as hydrogen sulfide are in far excess of the concentrations where people can smell the gas or experience physical reactions such as burning eyes, sore throats or nausea.