$8 million deal likely in two landfill contamination lawsuits

Residents who've lived through years of anxiety over pollution linked to the Mallard Lake landfill will get some closure today with the anticipated settlement of two separate lawsuits in federal court.

Judge William Hibbler is scheduled to finalize a $5.5 million agreement in a 2006 case alleging that vinyl chloride from the dump seeped into groundwater and tainted the wells of Wayne Township residents living southwest of Mallard Lake.

And, Judge Robert Dow is expected to make official a $2.5 million settlement in a 2007 lawsuit that focuses on methane gas escaping underground from the landfill in northwest DuPage County into a Hanover Park neighborhood.

If the judges rule favorably "as we hope and expect, this will allow residents to get on with their lives with confidence that necessary work at the landfill will continue," said attorney Shawn Collins, who represents homeowners in both cases.

The landfill is owned by the DuPage County Forest Preserve District and managed by BFI Waste Systems. Both deny any wrongdoing or liability for the contamination.

Mallard Lake has a history of illegal dumping and insufficient safeguards under a previous operator.

The U.S. Environmental Protection Agency concluded the methane came from the landfill and is supervising a massive operation to extract underground gas from an area west of Mallard Lake. EPA engineers believe once that operation is complete, the leak should be contained.

Authorities have not determined the source of the vinyl chloride in people's drinking water - although the lawsuit blames chemicals migrating off the landfill into the acquifer. Following the discovery, DuPage County extended Lake Michigan water pipelines to affected homes.

Hanover Park resident Bill Smith lives a short distance from the landfill in a well-kept house on a tree-lined street with his wife, Charlene. He learned about the methane gas from an article in the Daily Herald and is now a lead plaintiff in the lawsuit.

"We were shocked to find out there was gas in the soil," Smith said. "I was not only concerned for myself but for the neighbors, for my grandchildren and my nieces and nephews, who come and play in the back yard."

"We should have been protected from this a long time ago. When we moved here the landfill was still in operation - there were times you smell the rotting food coming in this direction," Smith said. "But we had no idea there were any issues with methane or gases in the soil."

The ground underneath Smith's home tested positive for traces of methane and officials installed a gas monitor in his furnace room, as they have elsewhere in the neighborhood.

"They said, 'If it goes off, get out of the house,'" Smith said. "It's never gone off, thank God.

The expected settlement won't end all Smith's concerns about the gas leak.

"It's still in the back of our minds all the time," he explained. But the fact methane is being extracted from the soil is a positive development.

"Once that's complete, there will be some peace of mind," Smith said.

The landfill, which closed in 1999, is part of the Mallard Lake Forest Preserve near Schick and County Farm roads.

Previously, BFI representatives said they were participating in the settlements in order to avoid lengthy and expensive litigation. The resolution of both cases would "resolve all claims and allow the company to focus its efforts and resources on remediation at and around the landfill," a statement said.