- Ed AbeliteSan Jose Planning Commission, Vice Chair
- Nick PhamSan Jose Planning Commission, commissioner
- Brian O'HalloranSan Jose Planning Commission, Commissioner
- Norman KlineSan Jose Planning Commission, commissioner
- Sam liccardoMayor of City of San Jose
- Shiloh BallardSan jose Planning Commisssioner
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
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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!
- San Jose Planning Commission, Vice Chair
- San Jose Planning Commission, commissioner
- San Jose Planning Commission, Commissioner
- San Jose Planning Commission, commissioner
- Mayor of City of San Jose
- San jose Planning Commisssioner
Please check the Newby landfill's myths and facts. Stop Newby Island Expansion Facts
Please help hundreds and thousands of citizens to deny the Newby Landfill Expansion!! It is socially irresponsible and morally wrong to expand a landfill in heavily populated cities where thousands of residents, workers, and school kids live, work, and study on the downwind of the landfill and smell the odor almost every day!!
You can clearly foresee the landfill is endangering public health; the government should not take no actions to prevent the irreversible damage to the public on air, water, soil and ultimately damage public health and safety.
We have to point out that if the state and local government enforce their own regulations, codes, and ordinances, this public nuisance project, Newby Landfill expansion has no chance to get a permit. It is against governmental laws, irresponsible and immoral for the local government to approve the landfill's expansion that has been officially defined as a public nuisance by the Bay Area Air Quality Control District. What we are asking for government to do is to enforce its own codes and restore landfill impacted areas' residents' basic human right to breathe clean air, safe drinking water, and clean soil!!!
Our reasons for requesting SJ government to deny the Newby Landfill expansion stand reasonable and firm!!!
1. CEQA and San Jose municipal code say no new project should be approved if it causes significant environmental impact.
The following is paragraphs from San Jose Ordinance 26248, 26995, 29484
A. the director, the planning commission on appeal or the city council as appropriate, may issue a planned development only if all of the following findings are made:
4. The environmental impacts of the project, including, but not limited to noise, vibration, dust, drainage, erosion, storm water runoff, and odor which, even if insignificant for purposes of the California Environmental Quality Act (CEQA) will not have an unacceptable negative effect on adjacent property or properties.
In just a few months, Newby Landfill has received 6 public nuisance tickets from government agency BAAQMD and over 2000 odor complaints. The Newby Landfill expansion can't meet the 20.100.940-findings 4.
2. Great possibility to pollute our groundwater and SF Bay.
A) Newby landfill is located next to wetland and SF bay. That allows toxic substances easy access into groundwater, such as 1,4 Dioxane, extremely water soluble and carcinogen substance. One scary finding is that 1,4 dioxane has been found in the Zanker Landfill. The water testing report shows that 1,4 dioxane in the groundwater is 99x higher than state notification level. Newby Landfill ground water testing result also shows dioxane contaminated.
B) Most landfills have been found to have been polluting groundwater after they are closed when damage to humans and the environment has been done and nothing can be reversed.
C) Newby landfill is located in an earthquake zone that makes the 245ft loose garbage mountain easily to be shifted or fall into SF bay.
D) Newby Landfill is also located in a flood zone. The levee is very sandy and fragile. If the Bay water breaks through the levee, the water floods into cities passing the garbage mountain. If so, it will be a catastrophe.
3. Newby landfill is a Green House Gas generator which is global climate change’s biggest contributor. Landfills generate landfill gas due to the waste decomposition process. The landfill gas contains methane and carbon dioxide (which are greenhouse gas: GHG) and small amounts of non-methane organic compounds (NMOC) and sulfur compounds. Many of NMOCs are precursor organic compounds (POC), and many NMOCs and also toxic air contaminants (TACs) and hazardous air pollutants (HAPs). Hydrogen sulfide, a TAC, makes up about 95% or more of the sulfur compounds. (From BAAQMD Title V permit evaluation document).
4. Newby expansion is truly against San Jose city's own recently adopted policy of Zero Waste.
5. No need for Newby landfill to expand.
A) There is no issue of garbage having nowhere to go. Around 44 landfills around the bay have been closed early or closed at max capacity. There are three remaining that are all in San Jose boundary. Kirby Canyon has around 11M cubic yards remaining capacity, as of 2011; Guadalupe Mine has 11M cubic yards remaining capacity, as of 2011. The two landfills are located at remote areas and downwind of residential area so the unbearable garbage smell won't affect residents and with almost two times the capacity Newby expansion is seeking.
B) Over 10 years remaining operating time. Newby landfill executive said without expansion, they still can operate 10 years. Meanwhile, to solve the garbage problem, the best way is zero waste approach.
For the reasons above, we represent the over 22,000 (over 17k online and over 4K inked signatures) opposing the Newby landfill Expansion supporters, government officials, please serve your people and enforce your own codes, regulations, and ordinances:
Please disapprove the Newby landfill expansion permit!
The petition: www.tinyurl.com/stoplandfill
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