SWACO files lawsuit over methane migration
The Solid Waste Authority of Central Ohio is seeking compensation from Model LF Golf Ltd. to address landfill gas migration at the closed Model Landfill at 3299 Jackson Pike, Grove City.
SWACO filed a lawsuit in Franklin County Common Pleas Court against Model LF Golf Ltd., Model Gas Development Ltd., Phoenix Golf Links Ltd. and various other entities, alleging improper gas control management at the closed Model Landfill.
According to the lawsuit, SWACO stated that it will address the accumulation of landfill gas and that the remedial work will cost SWACO “hundreds of thousands of dollars.”
The lawsuit seeks an amount exceeding $25,000.
SWACO owns the Model Landfill, which operated from about 1967 to 1985. The Phoenix Golf Course, completed in 2000, currently operates on the site.
The methane gas migrating from the landfill “is not healthy for humans or for animals,” SWACO chief legal officer Michael Mentel said. Still, he said, the migration doesn’t currently pose safety or health concerns.
“We see no reason why the (golf) course could not remain operable,” Mentel said.
Mentel and SWACO director Ron Mills declined comment when asked if migration means methane is escaping into the air at the site.
The lawsuit states that a 1999 gas lease contract between SWACO and Model Golf gave Model Gas the right to use and sell generated landfill gas and the responsibility for the landfill gas management system.
The lawsuit says the 1999 ground lease contract with Model Golf obligates Model to “timely perform any investigation, testing, monitoring, repair or cleanup relating to hazardous materials caused to be released from the Model Landfill by Model Golf.” Model was responsible for addressing any gas migration from the landfill to other properties, the suit said.
Model contracted with Bio Energy to design and install improvements to the landfill gas management system. The upgraded system was completed about February 2001.
On Feb. 17, 2011, SWACO notified Model and Bio Energy “significant operational and maintenance deficiencies” existed in the landfill gas management system. Model was told to remediate the situation within 30 days. On March 19, 2011, SWACO informed Model and Bio Energy that SWACO canceled the gas lease, and that Model Golf was responsible for the landfill gas management system. Model Golf was told it must rectify the gas management system issues within 60 days of receiving the March 19 letter, or SWACO would terminate the ground lease.
On Nov. 2, 2011, SWACO notified Model that its requests were not met. On Nov. 9, 2011 SWACO served Model with a notice to leave the leased premises. On Nov. 14, 2011, Model representative Joseph Engelhart notified SWACO that Model would stop efforts to repair the landfill gas management system.
Jeff Heltman, controller for Model LF Golf, did not comment when contacted by phone.
“Our issue is — and will always be — to make sure that public safety and environmental concerns are addressed. We are pursuing several actions to correct concerns about the gas control system at the closed Model landfill. This lawsuit is one of those actions,” SWACO executive director Ron Mills said in a written statement.

