To stop Newby Landfill expansion is a battle of persistence! We have to prepare and participate every time.  Please sign up for Dec 7th SJ planning committee meeting.

Sunshine Canyon Landfill in Southern California is closing down

Tullytown Landfill in PA is closing down

Newby Landfill in the center of Silicon Valley, a public nuisance, a environmental polluter, should not be expanded! No exception! Therefore,

 18,000 online and 5000 paper petition signers are asking for No on Newby Landfill Expansion Approval and urge you to reject the Newby Landfill expansion application at the scheduled December 7th planning committee meeting.

5:30pm Bus ride to SJ city hall. Please arrive 10 mins earlier for bus to leave at 5:30PM!!   Bus pick up spot is at Marina Grocery Store located at 25 N Milpitas Blvd, Milpitas, CA, across the street from Milpitas city hall. Free underground parking at SJ city hall available after validation. We encourage people to take the free bus ride. Just let us know you need a bus ride, so we have an idea how many buses we need to reserve. Please send your bus ride request to : shirley95035@gmail.com
6:30PM Attend and speak up at the SJ Planning committee meeting at SJ city hall, council chambers (200 E Santa Clara Ave, San Jose)
Before the meeting, please send your voice to SJ planning commissioners and staff TODAY!
MEETING TALKING POINTS ATTACHED! FEEL FREE TO ADD YOURS!
Email addresses:
Ed@Abelite.com, nick@nickpham.com, edesab@yahoo.com, msyesney@gmail.com, peterforsanjose@gmail.com, namrata_v@hotmail.com, rebecca.bustos@sanjoseca.gov,

Ed@abelite.com,
Nick Pham <nick@nickpham.com>,
edesab@yahoo.com,
msyesney@gmail.com,
peterforsanjose@gmail.com,
namrata_v@hotmail.com,
"Bustos, Rebecca" <rebecca.bustos@sanjoseca.gov>,

mayoremail@sanjoseca.gov,
district1@sanjoseca.gov,
district2@sanjoseca.gov,
district3@sanjoseca.gov,
district4@sanjoseca.gov,
district5@sanjoseca.gov,
district7@sanjoseca.gov,
district8@sanjoseca.gov,
district9@sanjoseca.gov,
District10 San Jose <district10@sanjoseca.gov>,
SectyRodriquez@calepa.ca.gov,
Gordon.Burns@calepa.ca.gov,
Alex.Barnum@calepa.ca.gov,
Sarah.Taylor@calepa.ca.gov,
aayala@arb.ca.gov,
rcorey@arb.ca.gov,
gmassey@arb.ca.gov,
rneese@arb.ca.gov,
syoung@arb.ca.gov,
Sam Delson <sam.delson@oehha.ca.gov>,
allan.hirsch@oehha.ca.gov,
janet.rennert@oehha.ca.gov,
susan.villa@oehha.ca.gov,
Lauren Zeise <lauren.zeise@oehha.ca.gov>,
"Jonathan.Bishop@Waterboards.ca.gov" <Jonathan.Bishop@waterboards.ca.gov>,
Pamela.Creedon@waterboards.ca.gov,
Erik.Ekdahl@waterboards.ca.gov,
Tom.Howard@waterboards.ca.gov,

talking points:
   1. Newby Landfill got 11 public nuisance tickets, 6 odor NOVs from gas leaking, MRF, and compost in 17 months, an average of once a month! SJ planning committee staff report says it's odor impact is insignificant! How can they conclude that?  Please check the staff report at http://www.sanjoseca.gov/DocumentCenter/View/61587
   2. The Newby Landfill liner is designed for 150ft, now they want to approve 95ft more! The problem is the groundwater underneath Newby Landfill has been contaminated by a carcinogenic substance. If allowed, the expansion and continuing leachate generation will contaminate our groundwater further! Approval of the Newby Landfill expansion is knowingly endangering public health! Knowingly wrongdoing is a criminal action! Stop slowly poisoning half of Santa Clara county residents!
  3. We want to question the integrity of the city of San Jose! 44 landfills around SF bay have been closed at max capacity without 1 public nuisance ticket. Why can the Newby Landfill with 11 public nuisance tickets in 17 months get a green light on the massive expansion permit? How can the environmental impact be insignificant in the San Jose staff report for a landfill being issued 11 public nuisance tickets in 17 months? We want to call for an FBI investigation! There is something wrong!
  4. The old EIR was concerned about the rights of rats, seagulls, fish, and vegetation, but omitted or ignored the impact on human beings right of fresh air and public health! In San Jose Officials mind, we are lower than rats and seagulls! If not they should order a new EIR because the Newby Landfill is a public nuisance and groundwater has been contaminated by the garbage dumped in the landfill.
  5. If Newby Landfill gets an expansion permit, our quality of life and house value will continue in distress.

Sample letter:

Dear San Jose Mayor, City Council Members, and Planning Committee members,

Please deny the Newby Landfill Expansion permit! The follows are the whys.

You may not know that LA officials ordered the shut-down of Sunshine Canyon Landfill this year after receiving 9,000 odor complaints since 2009. You may not realize that Newby Landfill has received over 5000 odor complaints in two years, 11 public nuisance tickets, and 22 notice of violations in 17 months.  Meanwhile, the groundwater beneath the Newby Landfill has been contaminated. The groundwater testing results from SF water board show 29 ug/l in 2015 and 92 ug/l in 2016 of 1,4 dioxane.

With the data and facts above, the staff of San Jose Planning committee concludes that Newby Landfill expansion is in accordance with CEQA and recommends you, planning committee commissioners, to approve the Newby Landfill expansion permit!

The staff’s conclusion was based on the old EIR from year 2008. Apparently the old EIR is too old to reflect the true conditions of Newby Landfill in 2016. The EIR produced in 2008 has no data of odor complaints and groundwater testing results at that time. Therefore, the staff’s conclusion is completely wrong from using the EIR in 2008!!! It would only show the public that you’re very foolish if you believe that the Newby landfill with 11 public nuisance tickets in 17 months and groundwater contamination increasing from 29 ug/l to 92 ug/l in a year is qualified to expand and is abiding by CEQA or San Jose municipal codes!!!

The staff’s recommendation was based on an odor study report that came from the analysis of 2 weeks of data. Let me quote Jack Broadbent’s opinion on the newly finished odor study report. He is the Executive Officer/Air Pollution Control Officer from the BAAQMD.  He said: “overall, based on the data used to run the models, the Air District is not confident that this report reflects, to the best extent possible, what is occurring and what has been observed at Newby Island Resource Recovery Park and in the neighboring community over the last year and more. The Air District continues to receive daily complaints regarding both garbage and compost odors emanating from the facility and our inspectors are able to detect these odors”. To verify the legitimacy of the quote, you can call Eric Stevenson, 415-749-4695 or email estevenson@baaqmd.gov

“Given the County Health Department’s assessment of the Sunshine Canyon Landfill odors affecting the health of residents, it is unconscionable that the city should continue to dump its trash there,” Englander said in a statement. “With over 9,000 odor complaints since 2009, Republic Services has proven they are incapable of controlling odors from the site.” (LA leader moves to shut down Sunshine Canyon Landfill, http://www.dailynews.com/environment-and-nature/20161104/la-leader-moves-to-shut-down-sunshine-canyon-landfill%23author1&source=gmail&ust=1479848524998000&usg=AFQjCNGpwD-jgyhztgioYG8SBuPeawOn8A">Gregory J. Wilcox, Los Angeles Daily News 11/04/16).  LA leaders recognize the health impact from the odor emanating from   landfill. I believe San Jose officials have the same ability.

WasteDive.com also released news that Tullytown Landfill in PA will be closed in 2 years. The landfill operators were working on mitigating odors but failed; therefore the Pennsylvania EPA ordered the landfill to be shut down. Newby Landfill is very similar to Tullytown Landfill. Both landfills border multiple cities. Both landfills are located upwind of residential areas. Both landfills cause serious public nuisance. Both landfills have tried all methods to mitigate odors with no success.  Now Tullytown Landfill was ordered to shut down. The Newby Landfill has no reason to get an expansion!

Since March 2016, Almaden residents are strongly opposing the city of Milpitas to contract with Waste Management that will lead the city garbage to be shipped to Guadalupe landfill instead of Newby Landfill. The rumor is that if Newby Landfill doesn’t get expanded, all cities’ garbage will dump into Guadalupe Landfill. Another rumor is that the farther the landfill is located, the higher the garbage bill will be. The truth is that except for Guadalupe landfill, there is another alternative for Milpitas’ garbage to go, which is Kirby Canyon Landfill. Now Milpitas garbage most likely will be dumped into Kirby Canyon Landfill. Even though Kirby Canyon Landfill is farther than Guadalupe, Milpitas’ garbage bill is expecting to be lower. Another example of reputing the theory of the farther the landfill s located, the higher the garbage bill will be is monthly garbage fee of the city of Colma, San Mateo County, next to Daly City. The city’s garbage has dumped to Newby landfill since this summer.  Colma’s garbage bill is $19 per month compared to Milpitas’ garbage bill of $34 per month. All evidence says that shutting down Newby Landfill doesn’t mean that the garbage rates of the cities using Newby Landfill will soar or increase.

Please vote NO to Newby Landfill expansion. Voting NO will be a big leap towards the goal of Zero Waste, will be a good example of abiding by CEQA guidelines, will show the big guy of San Jose is not bullying its little guys of surrounding cities, and will make the city of San Jose a really good neighbor of Milpitas, Fremont, Santa Clara, and Newark! This project of expanding Newby Landfill not only violates the CEQA guidelines but also the San Jose municipal codes. Please do not be fooled by the staff’s recommendation! It is time for Newby Landfill to retire! All neighbors of Newby Landfill do not appreciate your stay in the middle of Silicon Valley!

Jennifer Strohfus

Milpitas Resident