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Second lawsuit filed over odorous Midway wastewater treatment ponds

The Heber Valley Special Services District's sewage treatment ponds in Midway.
Rob Winder
/
KPCW
Ponds at the Heber Valley Special Service District emit odors as a result of seasonal change.

A new group of Midway residents has sued the Heber Valley Special Service District, alleging the odor of nearby wastewater treatment ponds harms their health.

The lawsuit, filed Friday, June 27, in 4th District Court, says residents have experienced health problems, lower quality of life and decreased home values because of the smell of the treatment ponds during changing seasons.

The residents also allege the service district minimized their concerns and didn’t do enough to fix the problem.

Four Midway locals sued the service district back in February. Now, five more neighbors have joined them by taking similar legal action.

The new lawsuit claims the service district’s alleged failure to act has “abridged or destroyed plaintiffs’ ability to use and enjoy their property without significant risk or actual damage to their health and the health of their families.”

The lawsuit says residents have experienced symptoms like gastrointestinal issues and respiratory problems.

It asks the special service district to update its facility and compensate the residents for the alleged harm.

Attorney Eric Vogeler is representing both groups of plaintiffs. He said he will ask the court to consolidate this new case into the February lawsuit.

In response to the original lawsuit, the service district denied it intentionally caused any harm and said it does not owe residents any damages. It also said the court should consider residents’ choices to purchase property near the treatment ponds.

Meanwhile, scientists are still working to understand 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. Data collection will continue through July 11.

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