Over 100 protesters showed up in force to try and shut down a Santa Clara County landfill they say is harmful to their health.
Source: Over 100 protest against Santa Clara County landfill | abc7news.com
All posts by Milpitas
Letter to to deny Newby Islandfill Expansion
Honorable Members of San Jose Planning Commission,
I am writing to formally request that the Newby Island Expansion Permit be denied at the October 26 meeting or defer the decision in light of evidence of substantial changes that have occurred since the original 2012 EIR certification and zoning approval.
Please review the presentation file attached.
Also monumental is the fact that San Jose Planning Staff had been analyzing “Alleged Source” from BAAQMD when their report and recommendation was published. It is extremely irresponsible to draw any conclusion based on “alleged” data. I had brought this to Ms Whitney Berry’s immediate attention last week. Mr John Marvin, BAAQMD Compliance and Enforcement Division Manager, had confirmed my findings on the data discrepancy. He has supplied the valid “Confirmed Source” data to City of San Jose yesterday. Appended below is our email correspondence documenting this finding, together with the corrected spreadsheet. Until the new and valid data is thoroughly analyzed, it would be premature to hold a public hearing on Wednesday based on invalid data.
BAAQMD data represents the most comprehensive investigation into odorous sources over an extended period of time. Their data should be given far greater weight than ERM Odor Study which covered 2 arbitrarily weeks. BAAQMD confirmed complaints data clearly showed that the ERM prediction is underestimating the frequency of odor impacts onto surrounding communities.
I cannot stress enough that it is against City of San Jose’s Municipal Code to permit any project that is a public nuisance. The landfill in its present state already impose significant negative impacts on the of thousands who live, work, shop & play surrounding Newby Island. 20 open regulatory violations from BAAQMD, including 5 for landfill public nuisance, and 10 other violations from CalRecycle, LEA and RWQCB within the last 2 years is clear evidence of Republic Services’ poor conformance and operational track record. I hope you didn’t forget how Republic Services have lied through their teeth at past public hearings, denying odor responsibility and tried to blame others.
I have very low confidence in Republic Services’ ability to mitigate odor. They spent $27 millions in odor measures at their Sunshine Canyon Landfill, and violations persist. 2 Order of Abatement had to be pursued by Air District to modify their permit after expansion was approved. This is evidence that effective mitigation does not exist no matter how much $ is invested.
Sound public policies must be made to stop urban landfill expansions. Please take a lesson from the Tullytown Landfill closure and order landfill closure plan instead. It is an obligation for public officials such as you to protect public welfare.
Thank You for your attention and consideration.
Regards
Milpitas Resident
Oct 26th SJ Planning Commission Meeting on Newby Expansion
Update: Republic requested the item be deferral. This was granted and the next meeting will be in December.
San Jose City Staff is recommending approval of Newby Island Landfill Expansion.
https://www.sanjoseca.gov/
Please join us for a rally and asking Planning Commission to deny Newby Island Landfill Expansion.
Will stage a Rally and meet with media at 5:30pm.
Meeting starts at 6:30pm. Meeting & Rally at San Jose City Hall
Free shuttle bus will be provided. Details see: https://docs.google.com/
Request to Deny Newby Island Expansion Permit (PD14-014)
Request to Deny Newby Island Expansion Permit (PD14-014)
Honorable Members of San Jose Planning Commission,
I am writing to formally request that the Newby Island Expansion Permit be denied at the October 26 meeting or defer the decision in light of evidence of substantial changes that have occurred since the original 2012 EIR certification and zoning approval.
Please review the presentation file attached.
Also monumental is the fact that San Jose Planning Staff had been analyzing “Alleged Source” from BAAQMD when their report and recommendation was published. It is extremely irresponsible to draw any conclusion based on “alleged” data. I had brought this to Ms Whitney Berry’s immediate attention last week. Mr John Marvin, BAAQMD Compliance and Enforcement Division Manager, had confirmed my findings on the data discrepancy. He has supplied the valid “Confirmed Source” data to City of San Jose yesterday. Appended below is our email correspondence documenting this finding, together with the corrected spreadsheet. Until the new and valid data is thoroughly analyzed, it would be premature to hold a public hearing on Wednesday based on invalid data.
BAAQMD data represents the most comprehensive investigation into odorous sources over an extended period of time. Their data should be given far greater weight than ERM Odor Study which covered 2 arbitrarily weeks. BAAQMD confirmed complaints data clearly showed that the ERM prediction is underestimating the frequency of odor impacts onto surrounding communities.
I cannot stress enough that it is against City of San Jose’s Municipal Code to permit any project that is a public nuisance. The landfill in its present state already impose significant negative impacts on the of thousands who live, work, shop & play surrounding Newby Island. 20 open regulatory violations from BAAQMD, including 5 for landfill public nuisance, and 10 other violations from CalRecycle, LEA and RWQCB within the last 2 years is clear evidence of Republic Services’ poor conformance and operational track record. I hope you didn’t forget how Republic Services have lied through their teeth at past public hearings, denying odor responsibility and tried to blame others.
I have very low confidence in Republic Services’ ability to mitigate odor. They spent $27 millions in odor measures at theirSunshine Canyon Landfill, and violations persist. 2 Order of Abatement had to be pursued by Air District to modify their permit after expansion was approved. This is evidence that effective mitigation does not exist no matter how much $ is invested.
Sound public policies must be made to stop urban landfill expansions. Please take a lesson from the Tullytown Landfillclosure and order landfill closure plan instead. It is an obligation for public officials such as you to protect public welfare.
Thank You for your attention and consideration.
Regards
Milpitas Resident
Mike Honda Newby Appeal
A letter we received from congressman Mike Honda:
Recently I was contacted by community leaders and residents of the cities of Milpitas, Fremont, and San Jose concerning the upcoming San Jose Planning Commission meeting to consider the appeal of the proposed expansion of the Republic Services Newby Island Landfill.
As a result of concerns raised by the community on the validity of the data submitted by BAAQMD, the analysis of data by the City of San Jose, and the need for additional time for the community to review the new data, I have requested that the matter be continued until January 2017.
I have attached a copy of the letter I sent to the Mayor of of San Jose, the City Council, and the San Jose Planning Commission. Although I and other community leaders have requested the continuance, the community should be prepared to attend the meeting on October 26, 2016 to express their concerns about the project and City staff’s recommendation. There is no guarantee that the item will be continued to another date.
For years, I have heard from my constituents in Milpitas, San Jose, and Fremont who are impacted by odors emanating from the landfill. As your representative, I will continue to advocate on your behalf so that your concerns are heard by the City of San Jose.
Mike
Click below to see his letter to SJ Mayor and Planning
CIWMP & Newby Island Landfill Expansion
Subject: CIWMP & Newby Island Landfill Expansion
Honorable Santa Clara County Recycling and Waste Reduction Commissioners, Division Staff and TAC members,
I am writing on behalf of Milpitas REACH, a grassroot movement advocating to stop Newby Island Landfill expansion for past 2 years. Over 23,000 have signed our “Stop Landfill Expansion” petition.
As you may already be aware, if the expansion is approved, Newby Island will rise to an unprecedented 245 feet above MSL, extending the life of what is already the largest landfill ever built along San Francisco Bay through 2041 in a densely populated and environmentally sensitive area with protected wildlife.
Due to recurring public nuisance and regulatory violations at the site including over 30 violations from 4 regulatory agencies in past 2 years, we feel strongly that the expansion project will be detrimental to the lives of 100,000 people who work and live in its immediate vicinity.
Unfortunately, City of San Jose Planning Staff issued a report last Friday and concluded that recurring violations are insignificant, even when 20 BAAQMD violations have not been formally resolved. The staff had recommended landfill expansion permit to be approved at the October 26 Planning Commission meeting, which I believe is irresponsible in light of open and recurring violations.
I am writing to seek your help with respect to your role in driving sustainable and responsible waste management plan for the region.
In the 4th Five-Year Review of the CIWMP, it is clearly stated that there is excess landfill capacity over what is required even without Newby Island expansion, as follows:
“Newby Island Landfill currently accepts about 60% of the County’s waste and has listed 5-7 years site life is currently undergoing a permit process for expansion. If the expansion goes through, then the site life will be extended to 20-25 years. If the expansion is denied, the calculation estimates splitting the material among the remaining two landfills within the County. The volume of material to each site would almost double their current volume which would decrease the site life by half. This reduction would be estimated at 20 some years which is greater than the 15 years for a Siting Element revision. ”
Since options are available, can you offer support by writing to San Jose Planning Staff and Commission to re-evaluate project alternatives, including tapping into regional landfill capacity and prioritizing waste diversion through non-disposal facilities, before urban landfills, such as Newby Island, are expanded any further?
Your assistance is much appreciated.
Milpitas residents rally against landfill expansion
Anyone who drives on Freeway I-880 through Milpitas is frequently assaulted by foul odors that vary in intensity with the time of day, wind and humidity. But Milpitas residents face these smells every day in and around their homes and schools, and when they go about their daily errands.
The source of the unpleasant smells is the Newby Island Landfill operated by Republic Services. The winds blowing through the Golden Gate move in a southeasterly direction over the Tri-Cities Landfill, then the larger Newby Island Landfill, and finally through central Milpitas.
On Sunday morning, September 18, some 200 Milpitas residents said, ÒEnough is enough,Ó and ÒDump the dump.Ó They marched along Dixon Landing Road from Milpitas Boulevard to the entrance of the Newby Island Landfill.
While Milpitas residents have been upset with the foul odors for decades, they had become particularly alarmed by Republic ServicesÕ proposal to extend the lifetime of the landfill and composting facility from 2025 to 2041 by raising the height limit from 150 feet to 245 feet. The City of Milpitas has appealed to the San Jose Planning Commission to reconsider the planned expansion. Newby Island lies within San Jose city limits.
Milpitas residents, many of whom had never before engaged in a protest march, had been pressuring the Milpitas City Council to take action in an attempt to block the landfill expansion.
The Newby Island Landfill, operated by Republic Services, is currently reaching its maximum capacity, but unlike more than 44 landfill operations around the San Francisco Bay that were closed when they reached their maximum capacity, Republic is requesting approval for an expansion that would increase capacity by 15 million cubic yards. Newby Island is the largest and one of the last remaining landfills around the San Francisco Bay.
According to data from a state government organization, the Bay Area Air Quality Management District, on odor complaints, Newby has received 10 public nuisance tickets, 17 notices of violation, and over 7,000 odor complaints in two years. Because of the push from SVFBC (Silicon Valley Foundation for Better Community), San Francisco Water Board listed 1,4-dioxane as the new item to be tested. From test results for 2015, the SF Water Board found that groundwater contamination is already occurring and is bound to worsen. It hopes to convince the San Jose Planning Commission and City Council that new evidence of ground water contamination and an overwhelming number of odor complaints show that a new Environmental Impact Report (EIR) should be required.
Milpitas residents have complained that the landfill operations not only produce a foul smell but also pollute the air and contribute to airborne particulates with unknown health consequences. They support a new EIR, one that they expect will confirm their complaints of hazards to livelihood, health and environment. Milpitas homeowners are also distressed that the incessant odors depress the resale value of homes.
Jennifer Strohfus, Arzhang Kalbali and other Milpitas residents organizing with SVFBC have been fighting to halt the Newby Landfill expansion for almost two years.
Some protesters are demanding, ÒNo expansion, no exception.Ó Arzhang Kalbali says that SVFBC is advocating a ban on all landfills located in urban areas. Jennifer Strohfus points out that we should all be consuming less and creating less garbage, to approach zero waste.
Originally opened in the 1930s, the Newby Island Landfill was once surrounded by vacant land and open fields. Now it is rapidly becoming surrounded by urban development in Milpitas, Fremont, and San Jose.
Donate to Milpitas Citizens for Yes on L
You can donate by sending money to our paypal account YesonLmilpitas@gmail.com OR click donate.
Contributions are not tax deductible.
We are fundraising for the ‘Yes On L’ campaign. We have several activities we want to fund including yard signs, flyers, and mailers. We need the money immediately to print our materials. We are asking for donations help us fund these activities.
Vote Yes on Measure L
Vote Yes on Measure L! We have setup a dedicated website for the ‘Yes on L’ campaign. Please visit it http://YesOnL.vote. Lower garbage rates and improve services, Vote Yes on L.
What is Measure L?
It is a Measure to allow the unanimous decision by the Milpitas City council to continue with its decision to use Waste Management’s landfill in South San Jose.
It is a Measure to allow the unanimous decision by the Milpitas City council to continue with its decision to use Waste Management’s landfill in South San Jose.
Who put Measure L on the ballot?
Surprisingly, it was Republic Services who put it on the ballot.
Why did they do that?
Because they lost out on the bid to get the business to use their landfill and want another chance at it.
Why is it that voting Yes on Measure L would deny them this chance?
They twisted the wording so that it would trick the voters to think that saying “Yes” would add something new.
How much did it cost Republic Services to put it on the ballot?
There’s no way of knowing the exact amount, but it is estimated to be around $10,000. This includes the $10 they paid the professional signature for each signature.
How much did it cost the City of Milpitas to put it on the ballot?
It cost the City of Milpitas $58,000
What will happen if Measure L does not pass?
The City of Milpitas will be forced to do another bid, which will cost them another $300,000
How much money is Republic Services putting into their campaign to fight against Measure L?
Public records show that they have spent $600,00 so far.
How much have supports of Measure L spent in support of Measure L?
All the money that is spent to support Measure L comes directly from individual citizens. So far they have spent less than $20,000.
How should I vote on Measure L?
To have lower garbage rates and improve services, Vote Yes on L.
How do I get more information on Measure L?
Go to our website at http://YesOnL.vote
Go to our website at http://YesOnL.vote
You can donate by sending money to our paypal account YesonLmilpitas@gmail.com OR click donate.
Contributions are not tax deductible.
The City of Milpitas also has published a fact sheet on the new disposal contract with WM.
Paid for by Milpitas Citizens for Yes on L, FPPC#1390888
Open Letter to Milpitas Candidates
September 7th, 2016
Dear Milpitas Candidates for Mayor and City Council,
Milpitas residents have been suffering under Republic Services’ Newby Island operations for decades. Our city does not benefit from disposal tax revenue as it sits on San Jose land, but we are negatively impacted as Newby Island uses our city address and pollutes our environment.
Newby Island has grown from a local dump into one of California’s largest waste management facility, attracting waste streams not only from the Bay Area, but also from cities as far as Elk Grove, Merced and Clovis. Newby Island is now the largest and last active landfill along San Francisco Bay. Instead of following its original closure plan at 150ft height, Newby Island has applied to expand its landfill to an unprecedented 245ft height and operate beyond 2041.
To make matters worse, Republic Services has a monopoly of Milpitas garbage contract for over 30 years. Milpitas residents pay the highest garbage rate in Santa Clara County for unlimited collections while we bear the burden of pollution. Regulatory violations continue to occur and Newby Island operations have now raked in over 30+ violations (including 11 for public nuisance violations) in the past 1.5 years. Over 5367 odor complaints logged to BAAQMD (Bay Area Air Quality Management District) and the City, which is 100 times above CEQA (California Environmental Quality Act) guidelines for odor threshold. Republic Services have been ignoring our pleas to suspend its expansion plan until odor is abated. It continues to lobby for landfill expansion permits and new long-term disposal contracts.
We urge you to take the following public stance against Republic Services in support of the 23,000+ residents who have signed “Stop Newby Island Expansion” petition:
- Support Measure L because the City has done its due diligence in the entire Garbage Disposal/Collection process which was fair, competitive, and open. Voting YES on the Measure L would uphold the Milpitas City Council’s decision to award the disposal contract to Waste Management’s Guadalupe Landfill. Republic Services has held a 30-year monopoly of Milpitas garbage contracts. It did not submit a garbage disposal bid and now seeking to undermine the RFQ process costing the city an additional $58,000 to place this item on the ballot. Waste Management who won the disposal contract is the lowest qualifying bid and had demonstrated strong regulatory conformance with 50-years remaining landfill capacity.
- Oppose the Newby Island Landfill expansion. This is just bad idea with excess landfill capacity remaining in the county, so there is no need to expand Newby Island Landfill and bring more garbage into a densely populated and environmentally sensitive area. An expansion is also counterintuitive to state mandates on recycling, composting and source reduction.We have low confidence in Republic Services based on their track record. They spent $27 millions in odor measures at their Sunshine Canyon Landfill in Southern California, and violations persist. This is evidence that a full-proof odor mitigation technology does not exist. We are extremely frustrated because other states have denied permits and ordered landfill closure as in the case of the Tullytown landfill which has a similar scenario where one city has the permitting jurisdiction, another city downwind bears the odor impact. North San Jose, Milpitas, Fremont residents deserve equitable protection, especially since Newby’s odor has been an on-going problem for decades.
- Reject any campaign contribution by Republic Services. Republic Services works by deeply getting involved in local politics and preaching that they are not the dominant source of odor and is the only viable solution to Garbage Disposal and Collections services. We know from working with BAAQMD that their investigation has pinpointed Newby Island as the source for 90% of confirmed complaints in the area. The RFP process has shown that there are many many companies who would do business with Milpitas without causing pollution in our town.
- Apply pressure on Republic Services to cleanup their facility. We need to apply pressure to Republic Services at all level of government local, state, and federal. We have escalated the problem to all regulatory agencies. They’ve done their investigations and uncovered violations. Improvements were made, but odor problem is persisting. Regulatory violations continue to occur and Newby Island operations have now raked over 30+ violations (including 11 for public nuisance violations) in the past 1.5 years. Unfortunately, the regulatory agencies have no fixed timeline for compliance and not ready to push administrative or legal actions. Small fines is chump change to multi-billion waste management companies. Residents’ livelihood is compromised in the name of corporate profits.
We hope that you will commit to cleaning up the dire situation in Milpitas from the pollution caused by Republic Services’ Newby Island Resource Recovery Park.
Sincerely,
Milpitas REACH (Residents for Environment And Community Harmony)
“Our goal is to encourage residents’ dialogue and collaboration to eliminate man-made sources of odor polluting Milpitas. Through our collective efforts, Newby Island expansion permit appeal decision was deferred 8 times pending a new odor study. We need your help to win the battle. Let’s reach out and reach up together towards better environment & communities. “
http://milpitas-odor.info