Mar 4th@7pm, Stop Odor Weekly Community Meeting

Meeting Location: Barbara Lee Senior Center (next to Milpitas City Hall)
Address: 40 North Milpitas Boulevard, Milpitas (Room 140 & 141)
Time: Mar 4th, Weds, 7:00 PM

Republic Services, the operator of Newby Island landfill will present a new proposal to stop the odor flowing into Milpitas, Fremont, and North San Jose. If you want to “Stop the Stink” please attend this meeting. Show the media and the community how committed we are to achieving Clean Air. Republic representatives will answer questions.

Let’s make the most of the meeting’s media coverage to spread the word to residents who haven’t heard how to take action to solve the odor problem. A large gathering on Wednesday night will do it.

Republic Services,是 Newby 垃圾厂的操作者, 他们将向周边城市讲解新的除臭方案.  如果您想停止恶臭,请大家一定参加这个会议.  让媒体和社区知道我们非常关注空气质量.  Republic的代表将回答问题.

让我们大家一起来采取行动解决气味问题.  3月4日,周三晚上7点, 苗必达老人中心(市政府旁边), 参加的人越多越好.


  1. Welcome: 7:00 PM
  2. Presentation by Republic Services: 7:10 – 8:00
  3. Q&A
  4. Adjourn: 8:30 PM

Feb 25th, Weds 7pm, Milpitas Odor Group Weekly Meeting

Milpitas Odor Group Weekly Community Meeting. Everyone is welcomed!

7pm Wednesday, February 25, 2015
Milpitas Community Center, 457 East Calaveras Blvd, Milpitas


(None of the organizations on the agenda is scheduled to be there.)
1.     Community Meeting with BAAQMD: BAAQMD has proposed coming into Milpitas and doing a community meeting.  At our meeting we will be discussing what we would like them to address, the format that they have communicated for the meeting, etc.

2.     Republic’s latest proposal: We will discuss Republic’s latest proposal with all those that attend the meeting.  The purpose of this discussion is to educate the attendees on the proposal and for our group to discuss this proposal among ourselves.  Republic has already agreed to come to meeting with our group in the future to answer any questions we have about the proposal.  This meeting will have advance notice to all of our mailing lists. Republic, as is anyone or any organization, is always welcome at these public meetings, they are held in city facilities.

3.     Effective communication: We will discuss effective ways for us to continue communicating with all of the organizations listed on the agenda.  A lot of people have shared some great ideas but not everyone follows the email path.

Outside lawfirms’ class-action suit against San Jose landfill stalls – San Jose Mercury News

A San Francisco law firm’s prior class-action lawsuit over odors allegedly emanating from the Newby Island Landfill and Resource Recovery Park on the Milpitas-San Jose border has stalled, after a judge ruled the existing suit was legally insufficient as presented to the court.

Outside lawfirms’ class-action suit against San Jose landfill stalls – San Jose Mercury News.

Milpitas Post editorial: Battle to suppress odors has a long history here – San Jose Mercury News

Ever since there was a City of Milpitas 61 years ago, our elected officials have remained bedeviled by the complaints about odors wafting in from the west. They’ve summoned all kinds of strategies, done any number of studies, and paid out uncounted thousands of dollars for legal talent to no avail.

Milpitas Post editorial: Battle to suppress odors has a long history here – San Jose Mercury News.

Summary of Feb 11th San Jose Planning Commission Newby Island Expansion

Summary: Republic’s Newby asked for an extension. They need 4 votes to approve the expansion and there are only 4 commissioners who can vote. They wanted to wait to get another commissioner on board, so if it is 4-1, the expansion will pass, 3-1, expansion deny.  No vote on the permit took place. Instead, the commissioners voted that this item be continued to 5/6/15. We had over 400 people attend this event.

Feb 11th Meeting: Agenda here. Synopsis of meeting can be found here. Link to audio/video recordings here.

More Details:

Republic presented a plan where they will pay for an odor study and work with Milpitas and San Jose to choose an odor consultant.  They also proposed setting up a coalition made up of various stakeholders to address the odor problem on a continuing basis.  The proposal was a good first step and they should be recognized for that step. There will be significant amount of negotiations between Milpitas, San Jose City Officials and Republic.  In the meantime, it is important that we stay focused on our goals.

It is too early to tell in regard to testimony.  We will watch what happens over the next few months and then prepare testimony based upon the final proposal that is made.

The summary of the Republic Proposal:

  1. They will pay for an odor study, consultant/company to be agreed upon by Milpitas, San Jose, Republic
  2. Upon completion of study Republic will implement commercially acceptable mitigation of any odors found to be on Republic Property
  3. Agree to help create and join a group of interested parties that will continue to focus on any current/future odor issues.
  4. Permit to grant the expansion approved.
Even more details:
1. Everyone were only allowed 1 min to speak. It threw us off on our prepared speeches since we prepared for 2 mins.
2. The hearing went well initially, until the pro-expansion speakers went on stage. We can see that the commissioner (especially the vice chairman) gave extra time for the pro to speak whereas he is shooing off the anti speakers. There is one particular speaker (represented republic) put up slides and it is way way over 1 min limit. His speeches turn into a propaganda that NISL is not the source of the odor based on the exact report shared by Ling this morning. The study of odor in on an INACTIVE landfill and the data is not-normalize (skew). Ling’s summary of her findings sent to the planning commission was on on page 631 of this doc, the graph is on page 589:
3. There is an obvious bias by the vice chairman as well. A lot of ppl can’t stand that the vice chairman provided VIP treatment to Republic.  Unfortunately, ppl are frustrated as republic  kept on and on singing that the odor does not come them. When ppl voiced the unfair preferences treatment to Republic, half of the audience were ushered out.
4. Things were back in order and the hearing continues.
5. Republic gave a 5 mins speech that the odor does not come from them, and it is come someone else. They wanted to initiate a join coalition with San Jose, Milpitas, Fremont and other potential odor sites to have a odor study. Republic will pay for the study on the condition that the city approves the permit.
6. Milpitas attorney took the stage and spoke for us with regards to a Nuisance law within their jurisdiction with respect to odor. Credit goes to Joseph for digging this out. Joseph can speak to it. Milpitas city manager also took the stage and said Milpitas city will look into the offer by Republic.
7. BAAQMD took the stage as well. Have to give kudos to whoever invited him over. He gave testimony that 1200+ complains were filed in the past months. 27 confirmed, and he did mentioned that the odor confirmation process is tedious. 5 violations were issued, 3 to landfill and 2 to recyclery. He also said the odor does come from the landfill. This statement is huge for us as it opposed to what Republic has been preaching earlier that odor does not come from them.
8. We also noticed that the city staffs are not well informed of the violations. They continue to recommend the expansion to the commissioners. Even though they can’t vote but they have huge influence to the commissioner decision. We need to start writing to the staffs. If anyone manage to get their names that will be great.


Feb 11th Newby Landfill Protest At San Jose City Hall

You can find video recordings of this meeting at the SJC website:

Feb 11th, 2015 is when the San Jose Planning Commission will decide on the Newby Island Landfill expansion permit.  We plan to protest 5:30-6:30pm before the meeting(6:30pm) and speak at the public hearing.  Media will be present around 6pm. Please make signs. More info

San Jose Planning commission Agenda for Feb 11th:
PD14-014 (Administrative Hearing) :

Date: Feb 11th, 2015
Time: 5:30-630PM protest
6:00-6:30 meet with media
6:30 -8:30PM public hearing
Venue: 200 E Santa Clara St., San Jose, Ca

Please put your messages on cardboard
Snacks and Masks will be provided

Parking: San Jose city hall underground parking lots is free for people attending the public hearing.

1. 4th Street Garage
44 S. Fourth St. and San Fernando
Across from the Library
Open 24 hours
Cost: $1.00 every 20 minutes, $20 max
$5.00 after 6:00 p.m., weekdays
$5.00 all day weekends, holidays
2. City Hall Garage
200 E. Santa Clara Street and 6th Street

Note: because of the parking issue, the majority of us should consider to take light rail to San Jose Downtown.($2 fee off at santa clara stop and 7 minutes walk to city hall)
VTA Service – Bus and Light Rail
For more information and schedules call (408) 321-2300 or visit Santa Clara Valley Transportation Authority

Light rail service is available to Santa Clara and First / Second Streets

Bus Lines: 22, 63, 64, 65, 73, 81, 522