The service district fired its first salvo Wednesday, April 23, in response to a lawsuit filed by a small group of Midway residents in February.
Four homeowners allege the odor of the HVSSD’s wastewater treatment ponds harms both their health and their property values.
Taking their grievances to 4th District Court marked an escalation for the residents, who have complained for years they’ve suffered because of the smell of the lagoons.
They say they’ve experienced headaches, nausea, nasal congestion and sleep problems because of the odor, which can be strong when the seasons change.
The residents’ attorney told KPCW his clients decided to sue because they didn’t believe the district would address their concerns with any urgency.
In its response, HVSSD denies it intentionally caused any harm to residents and says it does not owe the residents any damages.
The district says the court should consider the residents’ choices to purchase property near the treatment ponds. Since they didn’t object to the lagoons at the time, the service district argues, the residents have lost the right to do so now.
HVSSD also claims it is protected by Utah’s Governmental Immunity Act. It says the wastewater treatment plant complies with all environmental and legal requirements.
Residents say the ponds have prevented them from enjoying their property, but the service district argues that since they chose to live in an area “where such operations are customary and expected,” they can’t claim the lagoons unreasonably interfere with their property rights.
The district also says there could be multiple culprits behind the smells, including nearby farms.
The residents now have two weeks to respond and share relevant documents and other information with the court. HVSSD will do the same in June.
The court estimates evidence will be gathered for the case through next summer, and after that, a trial date could be set.
Meanwhile, scientists are still working to understand what causes the smell during changing seasons and what health effects, if any, the ponds might have.
Researchers from Utah’s Environmental Epidemiology Program are conducting a risk assessment for a toxin called hydrogen sulfide, which has a rotten egg smell and can cause symptoms like headaches, fatigue and respiratory problems. Scientists started collecting data in late March.
