Questions and answers on reasons to oppose the Newby landfill expansion.


Jennifer    05/08     9297    
4.5/2 

Questions and answers on reasons to oppose the Newby landfill expansion.
1.What is 1,4 dioxane?
Dioxane has affected groundwater supplies in several areas. Dioxane at the level of 1 μg/L has been detected in many locations in the US.[3] In the State of New Hampshire alone in 2010 it had been found at 67 sites, ranging in concentration from 2 ppb to over 11,000 ppb. Thirty of these sites are solid waste landfills, most of which have been closed for years. It also has low toxicity to aquatic life and can be biodegraded via a number of pathways.[17] The problems are exacerbated since dioxane is highly soluble in water, does not readily bind to soils, and readily leaches to groundwater. It is also resistant to naturally occurring biodegradation processes. Due to these properties, a dioxane plume is often much larger (and further downgradient) than the associated solvent plume.
Cancer Risk:
In three epidemiologic studies on workers exposed to 1,4-dioxane, the observed number of cancer cases did not differ from the expected cancer deaths. (7)
A study by the National Cancer Institute (NCI) of rats and mice exposed to 1,4-dioxane in their drinking water reported increased incidences of liver carcinomas and adenomas and nasal cavity squamous cell carcinomas. (9)
Liver carcinomas and gallbladder carcinomas were observed in mice and guinea pigs, respectively. (7)
No treatment-related lesions resulted from exposure to 1,4-dioxane vapor in rats. (7)
EPA has classified 1,4-dioxane as a Group B2, probable human carcinogen. (7)



2. What does the CEQA stand for? What does the San Jose municipal code say? Why do we ask for enforcing the CEQA?
The CEQA stands for the California Environmental Quality Act. 
1) CEQA says no project can be approved if it causes significant environmental impact
2) San Jose municipal code says even though the environmental impact is insignificant to CEQA, as long as it causes some environmental impact, the project can't be approved.
The following is paragraphs from San Jose Ordinance 26248, 26995, 29484
20.100.940-findings
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.

3. Reasons to deny the Newby expansion?
1). No need to expand.
The landfill operator's executive said Newby has 10 years more remaining capacity 

2). Excellent alternatives in San Jose which are Kirby Canyon and Guadalupe landfill 
A) the two landfills have total of 22 million cubic yards remaining capacity 
B) the two landfills are in San Jose, so the revenue from landfill business won't go away 
C) the two landfills are in remote areas, not like Newby located in the heart of Silicon Valley 
D) the two landfills's odor won't affect residents since residents are not downwind.
E) the two landfills won't create extra transportation cost since they are local 

3). The Newby expansion is against CEQA guideline and San Jose municipal code.
A) CEQA says no project can be approved if it causes significant environmental impact
B) San Jose municipal code says even though the environmental impact is insignificant to CEQA, as long as it causes some environmental impact, the project can't be approved.
We all know  that Newby has received 5+ public nuisance tickets from government organization BAAQMD, a clear public nuisance, therefore Newby does cause significant environmental impact! So, the expansion can't be granted if San Jose city government enforces the CEQA or its own municipal code.
4) Landfills cause water, air, and soil pollutions. 1,4 dioxane, the cancerous substance has been found in the Zanker landfill groundwater with 99x higher than state notification level. Around half of Silicon Valley residents drinking water source is from groundwater!  Newby landfill shares the same groundwater body, so we suspect the water is contaminated. We believe the government has the duty to protect public health and safety. Denying the permit is to prevent the damage to public health.

4. What reasons do commissioners have to approve the Newby expansion?
Commissioners, please share your reasons to the public, if you are planning to vote YES on the Newby expansion.
If you agree with me, please sign the petition at www.tinyurl.com/stoplandfill