Upper Valley Disposal denies neighbors’ nuisance claims

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By Kiley Russell, Bay City News Foundation NAPA COUNTY, CA A Napa County composting and recycling company that is at the center of a lawsuit in May says claims it creates a nuisance for its neighbors are false and misleading, and the company will soon be dismissing it.

In its response to the complaint filed by seven neighbors of the Upper Valley Disposal Services facility on Whitehall Lane in St Helena, the company says it is in compliance with all of its permits and that any odor, noise or light coming from the ownership is within reason. limits.

The UVDS denies that the neighbors “suffered from unsanitary, noxious and harmful noise, odors and other ubiquitous pollutants from the company’s operations,” according to the company’s response, which was filed Thursday. the Superior Court of Napa County.

The company says it operates within prescribed hours and has taken steps to mitigate excessive noise and light.

UVDS follows “industry best practices in safety, fire prevention, leachate prevention, and odor and noise management,” the response states.

Additionally, the company has been there since 1966, “which is decades before any of the plaintiffs bought their neighboring properties,” according to the response.

“The plaintiffs were aware that UVDS and (Upper Valley Recycling) were operating their composting, recycling and collection businesses when they purchased their properties and the proximity to the Whitehall Lane facility was, due to the functioning of the real estate market. , embedded in the purchase prices they paid. , says the answer.

Part of the neighbors’ motivation to sue the business is that they feel their complaints to local regulators and political leaders have gone unanswered, said complainant and Whitehall Lane neighbor Sandi Thompson.

In its response, the company says it is closely watched by state and county agencies and that the plaintiffs “have not exhausted their administrative remedies,” saying they could have appealed the latest approval. UVDS license with the Napa County Board of Supervisors but “chose not to do this.”

Neighbors are also concerned about potential fire hazards resulting from the large piles of compost material in the facility, Thompson said.

The company’s response calls the fire allegations false and says there was a “hot spot” at its Whitehall Lane facility in December 2020 which was “immediately resolved” and “caused no damage” .

In addition, the company says it is installing a new “temperature controlled system” and will monitor the temperatures of the compost 24 hours a day.

The lawsuit also alleges that the company was allowed to increase composting and recycling services without having to respond to a request for proposal or participate in a tender.

In its response, the company asserts that these allegations are irrelevant to the nuisance complaints from neighbors and that such allegations demonstrate that the lawsuit is aimed at obtaining confidential information about the UVDS as part of the “personal vendetta” of the Mayor of Saint Helena, Geoff Ellsworth, against him.

UVDS says the neighbors are working with Ellsworth in an attempt to “put financial pressure on businesses, create bad press for businesses” and obtain confidential pricing information, among other things.

Ellsworth could use this information for the purpose of replacing UVDS services with another company, according to the response.

The company also claims neighbors received information from Ellsworth, “including the false allegation that the companies polluted the Napa River.”

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