The Newby Island Landfill (NISL) is located next to Milpitas. It is a major source of odor in Milpitas. Although Newby has a Milpitas address, Newby is located in San Jose and is a San Jose facility. As such, Milpitas has no jurisdiction over it. All complaints to the San Jose LEA (Local Enforcement Agency) about the pollution caused by their Newby Island Landfill and composition operations have not resulted in any mitigation efforts.
The Bay Area Air Quality Management District has been investigating Milpitas odor complaints for decades. Their 2013-2015 records showed 90% of confirmed complaints are from Newby Island (Composting, Recyclery and Landfill). ZWED (anaerobic digester) and WPCP (aka Sewage Plant) accounts for the remaining 10%. No bay odor were confirmed in this area. Yes – BAAQMD investigates natural odor sources too – it has confirmed bay odor in Dumbarton Bridge area and a lake in Almaden San Jose.
Newby is seeking to expand its operation and push the closing date to 2041. The City of Milpitas has no control over this landfill since it is located in the City of San Jose. However, Milpitas/Fremont/N. Sanjose gets 100% of the odor generated by this landfill. Click through our slidedeck on the expansion. Read our executive summary on the Newby Island Landfill expansion and why it should be rejected. Also see the CalRecycle information page.
Newby Island has impacted the quality of life in Milpitas, Fremont and San Jose for decades. 23,000+ residents have signed the “Stop Newby Island Landfill Expansion” petition. In 2015, Newby received 19 regulatory violations (9 for public nuisance) and accounted for 90% of confirmed odor complaints. In the first 3 months of 2016, Newby received 4 regulatory violations and 800+ complaints were logged. Despite recurring violations and public objections, Republic Services continue to pursue Newby Island expansion to an unprecedented height, solicit new long term garbage contracts and deny any wrongdoing (class action settlement).
Here is a visual timeline:
Newby Island Landfill Wikipedia entry is copied below.