A Rochester woman is suing the Sherwin-Williams Manufacturing Company in Beaver County alleging that its coatings manufacturing plant emits dangerous pollutants that are affecting the health and well-being of the community.
Jennifer Conley filed the complaint Wednesday in federal court in Pittsburgh. The lawsuit seeks class-action status that could cover thousands of people living within a one-mile radius of the facility.
It joins another complaint, filed in the same jurisdiction in May, by Christina Modrovich and Robert Birner, who said more than 45 households had contacted their lawyer about the allegations.
Sherwin-Williams, whose coatings plant is located on Cleveland Street in Rochester, did not immediately respond to a request for comment Thursday.
According to the complaint, the company makes coatings for packaging materials, and through that process emits volatile organic compounds, known as VOCs. VOCs stem from the solvents used in its paint formulations, paint thinning and cleanup, the lawsuit said.
Under state statute, the complaint continued, Sherwin-WIlliams may not permit the emission of “any malodorous air contaminants” outside of its own property.
The lawsuit asserts that the odors from the factory often enter Conley’s home, causing it to smell like burnt chemicals and provoking allergy-like symptoms for her and her family, including congestion, dry eyes and itchy skin.
“Plaintiff’s property has been, and continues to be, physically invaded by defendant’s noxious odor emissions,” the lawsuit said.
Allegations in the complaint include that Sherwin-Williams has failed to properly construct its equipment to mitigate VOCs from being released as fugitive emissions, that it has failed to comply with laws regulating those emissions, and that it has failed to install adequate odor mitigation equipment.
The lawsuit cites several notices of violation that Sherwin-Williams received from the state Department of Environmental Protection.
They included four separate violations of the Clean Air Act in April 2022 for failure to comply with particulate matter emission limitations, as well as violations in 2023 and two more this year alleging that the company failed to install a thermal oxidizer, which the lawsuit said is crucial to the mitigation of air pollution.
A message left with DEP on Thursday was not immediately returned.
Claims in the lawsuit include public nuisance and private nuisance in that the odors are offensive and prohibit those affected from using their yards or opening their doors and windows, and that they are harming property values.
The complaint seeks an order finding Sherwin-Williams negligent, as well as compensatory damages and an injunction requiring the company to follow regulatory requirements.