"Our number one priority has been to address the landfill gas odors impacting our neighbors around the landfill. All other alternatives to force Republic Services to comply with their contractual obligations have been unsuccessful," said Dave Lavender, east region vice president of Advanced in a press release.

Lavender went on to say that his company has been working with the state and local municipalities to resolve the issue.

In its motion, Advanced asked the court to enter a court order that would set specific actions and dates by which they must be achieved that would require Republic to control the gas and the odors.

Russ Knocke, a spokesman for Allied/BFI (a division of Republic) says the company is prepared to fight claims that their system is to blame for the smell.

"The court will also be informed, as can be seen from the Motion itself, there is nothing in Advanced's Motion or elsewhere establishing a link between the odors noticed by the facility's neighbors and the gas collection and control system owned by Allied and BFI," Knocke said in a statement.