Irvine wants future residents to sign away rights to sue landfill

Irvine city leaders passed a resolution at a recent council meeting that would require the residents of the yet-to-be-built Gateway Village community to sign away their rights to sue the Frank R. Bowerman Landfill unless Orange County — the operators of the landfill — acts in “negligence or willful misconduct.”

As the owners of Gateway Village, Irvine will also disclose to future homeowners and renters the proximity of the landfill and the potential traffic impacts of living near it. With one of three landfills in Orange County set to close in 2026, operations at the Bowerman Landfill are anticipated to increase.

According to a staff report, truck traffic along city streets has a negative impact on quality of life in the North Irvine area “including traffic, noise and pollution.” Because of this, a new off-ramp directly from the 241 Freeway to the landfill is being proposed.

Can residents sue the landfill because of health issues?

Residents will not be able to sue the landfill for issues that arise from regular operations. However, City Manager Oliver Chi said they can sue over any health issues that may result from the landfill. For example, in Los Angeles County, residents living near the Chiquita Canyon landfill have filed lawsuits against the operators of that landfill over “rotten egg” odors that have caused health issues, like nausea and headaches.

Chi added that operators of the landfill are required to ensure “undue nuisance issues” like odors and that landfill operators currently use various measures like using dirt instead of tarp as a cover on trash cells, as well as the installation of gas extraction wells “to suck the odors out of the trash.”

The All American Asphalt plant acquisition

In the past, the city came under fire for not disclosing to property owners — who had recently migrated from China — that they would be living near an asphalt plant that had long been a source of complaints from residents. Odors from the plant, residents said, affected their quality of life and caused health concerns.

The Gateway Village project came about as a result of Irvine’s recent purchase of the All American Asphalt plant. In order to pay for the $285 million purchase, the city acquired land to convert into the Gateway Village development consisting of anywhere from 800 to 1,200 new homes. Sales and rentals of the new homes would cover the city’s costs.

Councilmember Tammy Kim says the Bowerman Landfill has been operational for years and has not caused any significant concerns for residents in the vicinity other than odors in the wintertime.

The county, she said, likely asked for the Irvine disclosure resolution because of what happened with the All American Asphalt plant. The homes surrounding the plant were not sold with proper disclosures but with the development of the Gateway Village, the city’s new resolution would ensure proper disclosures are in place.