A group of Yukon-area residents ripped a proposed $275,000 settlement regarding allegations that polluted dust and odors wafting from a hazardous waste landfill near their homes has hurt their quality of life since July 2014.

“It would not have covered anything I lost,” said Angela Babich of Yukon, following a 20-minute hearing held Monday by Westmoreland County Judge Harry Smail Jr. The judge held the session to receive input from residents about the proposed settlement with MAX Environmental Techologies Inc. of Pittsburgh.

Babich said cattle raised on her property adjacent to the 158-acre landfill suffered numerous, extensive health problems. She got rid of the animals years ago.

The law firm representing residents received claims from 268 households wanting to share in the $275,000 proposed settlement reached with MAX Environmental, said James DePasquale, an attorney representing the residents. That settlement was reached in March 2023 and was given preliminary approval by Smail in September, according to court documents.

Smail said he would issue a ruling after reviewing the settlement but he did not set a time frame.

Residents from about 1,100 households living within a two-mile radius of the landfill were eligible to join the original class action lawsuit filed in Westmoreland County court in July 2017 by two Yukon residents, Cheryl Anastasiu and Patti Bryant. As the lead plaintiffs, the proposed settlement seeks a $5,000 “service award” to both women “for the time and expense they incurred.”

The lawsuit stemmed from longtime complaints from residents that the industrial waste treated and stored by MAX Environmental and its predecessor company, Mill Service, negatively impacted their life because of the air pollution and odors. MAX accepted industrial waste from steel mills and natural gas drilling operations. Both the state Department of Environmental Protection and South Huntingdon have cited the company for numerous violations of environmental regulations and local ordinances.

While MAX Environmental concurred with the “reasonableness” of the settlement, Attorney John C. McMeekin, representing MAX, told the judge the company has “significant defenses” to the allegations of harming the quality of life of neighboring residents. In addition to setting aside $275,000 for the impacted residents, MAX agreed to pay $150,000 in attorney fees and costs to the attorneys who filed the lawsuit.

Although residents from 268 households filed claims, the law firm is still determining their validity, DePasquale said.

In arguing that settlement deserved final approval, DePasquale said none of the residents living within the 2-mile radius of MAX Environmental’s landfill off Spring Avenue filed timely objections by the Dec. 31 deadline. Thirteen residents objected to the settlement, but their objections were filed after the deadline, he said.

Those who joined the lawsuit would not be prohibited from filing claims over any future complaints about MAX, DePasquale said.

Residents in 18 households within the impacted area opted out of the settlement. They would have to pursue claims on their own, but DePasquale said that the settlement likely would be more money than any of the impacted residents could obtain on their own.

As DePasquale left the courtroom, he defended the law firm’s notification to residents of the proposed settlement. He said there have been numerous data sheets mailed to residents since 2016.

Both Babich and Joan Kodrin of Bells Mill Road said they never received notification of the proposed settlement.

Kodrin said she recalled seeing orange plumes of dust blowing off the landfill. She said residents should have received more time to make a decision whether to join the lawsuit.

“It’s nothing for how much we lost,” Kodrin said.

Christine Stull of Huntingdon Road joined the lawsuit, but said her losses total thousands of dollars.

“The water in our pond turned black and our fish died,” Stull said.

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