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Petitioning San Jose Planning Commission, Vice Chair Ed Abelite and 5 others

Stop Newby Island Landfill Expansion--garbage can't be put above people!


***Please sign the petition to support our basic human right to safe drinking water and harmless air at www.tinyurl.com/stoplandfill

*** mailing list to government and media link:
http://www.weidb.com/p17120

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The garbage dump site in Newby Island may reach its maximum capacity of 50.8 million cubic yard in 2016. As victims of nuisance odor from the dump site, we all are longing for the date of closure. It is shocking that we recently find that the garbage dump site has an expansion permit from city of San Jose to extend its operating time from 2020 to 2041 and expand its capacity from 150ft to 245ft(65.9million cubic yard).

We are strongly opposing it!

Enough is enough! It is time for the dump site to retire and not to expand.  

Here is the list few reasons out of million we call a petition to retire the garbage dump site in Newby Island:

1.      The Newby Island garbage dump site expansion project is absolutely absurd since it is located in a heavily populated area, the center of Silicon Valley. 

From 1950's to today Newby landfill, surrounding people have tolerated it for over a half century.   The expansion is a new project that will add 95ft in height and 15.12 million cubic yards and extend its operating time 30 years or more. According to the CEQA,  no new project should be approved if it will cause significant environmental impact.

This garbage dump has created serious air population in 10 square miles ranges because of the prevailing wind. Currently Milpitas residents suffer the very strong foul odor almost every day. With the expansion, it will change San Jose and Fremont as stinky as Milpitas and increases its sufferers from thousands to millions. Downtown San Jose and San Jose international airport are experiencing the offensive odor more and more frequent already. We don't want the expansion to worse the situation and change the world famous heart of high tech, Silicon Valley to be a Stinky Valley.

  2.         The Newby Island garbage dump site expansion project should not be granted a permit since it is a public nuisance and situates on a wetland that prohibit from the federal regulation for avoiding air, water, soil pollution. New ground water from Newby Landfill testing result in 2015 showed that the ground water has been contaminated by 1,4 dioxane, a carcinogen.

1)      Definition of public nuisance: Under California law, a public nuisance is defined as a nuisance which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.  See Cal. Civ. Code § 3480.  Thus, anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a public nuisance.  See Cal. Penal Code § 370.

2)      If the Distance between the nuisance odor source to existing residential, recreation, commercial, and industrial developments is less than one mile, it would be considered as a significant impact. CEQA Guidelines (Dec 1999. Page 18). The EIR (environmental Impact Report) identified that the nearest residence is located about 0.4 miles away from the NIRRP. In fact, within 0.5 mile, there is Dixon landing park high density Condos, Cisco Office buildings, and McCarthy Mall. In 2 miles, there are 8 schools, numerous residential, restaurant, office, commercial buildings. 

3)      Odor complaints significant impact threshold is 1 confirmed complaints in 3 years and 3 unconfirmed complaints in 3 years. In 2005-2008, there were 3 confirmed and 155 unconfirmed landfill odor complaints.  Over 130 complaints had been logged by BAAQMD, a significant part was attributed to garbage odor, and Milpitas city odor website received over 450 complaints during the most recent 12 months. On social media, @Milpitas stinks has had 1656 odor complaints tweeted within the past 15 months. Collectively, it average 5 complaints per day. The amount of complaints is far over the threshold. It is not clear why the city of San Jose gave Republic Services Inc the Newby Island garbage dump site an expansion permit while it is apparently a public nuisance and has significant impact on residents in Milpitas, Santa Clara, Fremont, and N San Jose unless they excluded residents of Milpitas, Fremont, Santa Clara, and N San Jose in their consideration. 

3.      It is a wrong direction for environmental protection to expand  the Newby Island garbage dump site.  While other landfill sites have been closed or closed early without violating any regulations and laws, the City of San Jose granted the expansion permit to the Newby Island garbage dump site with history of 6 violations after the EIR study period.  As of 12/1/2008, Tri cities recycling and disposal facility is closing, and on 1/31/2006 West Contra costa Landfill closed. 

 Residents in Milpitas, Fremont, Santa Clara, and N San Jose, a phone call or email complaint won’t solve our problem.  For generations we have been tolerating this nasty odor, airborne bacteria, rodents, feces, dangerous chemicals within less than 1 mile of Milpitas residents.  It is time to retire the garbage dump site!  We believe the California State Government is from the people, by the people, and for the people.  If every resident speaks out by signing this petition, our voice can be heard by the City of San Jose and California State Government.  Only residents can help each other to stop the expansion to restore clean air, clean water, and beautiful land.  City of San Jose, Republic Services Inc., please return to residents a house where we can open our windows to breathe fresh air, and a place where kids can play outdoors without holding their breath!

This petition was delivered to:
  • San Jose Planning Commission, Vice Chair
    Ed Abelite
  • San Jose Planning Commission, commissioner
    Nick Pham
  • San Jose Planning Commission, Commissioner
    Brian O'Halloran
  • San Jose Planning Commission, commissioner
    Norman Kline
  • Mayor of City of San Jose
    Sam liccardo
  • San jose Planning Commisssioner
    Shiloh Ballard


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