A new lawsuit claims radioactive waste from West Lake Landfill has been detected at a home in the nearby Spanish Village subdivision. Michael and Robbin Dailey, who live a 1/4 mile away, filed the lawsuit Tuesday.

"It was shocking to say the least, I'm not going to say I wasn't upset, I cried over it," Robbin Dailey said.

The defendants in the lawsuit include Bridgeton Landfill and Republic Services, which own the landfills, and several other companies with ties to the production or handling of the radioactive material.

Radioactive waste from the Manhattan Project was illegally dumped at West Lake Landfill in 1973.

Concern about the waste grew after foul smells were emitted by an underground fire detected at the neighboring Bridgeton Landfill in 2010. There were worries the fire could reach the radioactive material.

The lawsuit claims the waste could have blown offsite when it was dumped. Since some of the waste is on the surface of the landfill, some could have blown off in the years since.

The EPA has conducted tests and the only radioactive material found outside West Lake Landfill was on adjoining property and believed to have been carried there by erosion.

Angela Brees with the EPA said, "The protection of human health and the environment remains EPA’s highest priority at the West Lake site and all current, scientifically valid data available to EPA demonstrate no off-site health risk to residents or employees in the local area."

The lawsuit claims samples were taken inside and outside the Dailey's home and found elevated levels of radiation. It also claims the radioactive material detected in the home has the same "fingerprint" as the Manhattan Project waste dumped at West Lake.

"But who knows what we've come in contact with, we're not healthy. My husband suffers from COPD, I have digestive issues," said Robbin Dailey.

The Dailey's said they want a buyout.

"If you lived here and dealt with this, you'd want out," said Michael Dailey.

Russ Knocke, Republic Services Vice President said this about the lawsuit, “We have not seen the suit, or any scientific data to support its foundation. For years, federal regulators, state officials and third-party experts have been clear that the Landfill is safe. There has been no evidence that supports a claim for off-site contamination. The Landfill remains in a managed state.”

Lawsuit is below:

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