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Milpitas' Appeal Contesting San Jose Landfill Expansion is Denied

Article-Milpitas' Appeal Contesting San Jose Landfill Expansion is Denied

City of Milpitas officials, believing the nearby Newby Island Landfill and Resource Recovery Park is largely responsible for emitting odors that habitually bother residents, filed a petition in March requesting a formal hearing to fight the granting of permits to expand the height of the garbage dump on the San Jose-Milpitas border.

At that time, Milpitas' legal counsel sent San Jose's Department of Planning, Building and Code Enforcement Division, Local Enforcement Agency, or LEA -- one of the main solid waste permitting agencies on this project -- a request for an administrative hearing.

On Aug. 28, hearing officer Suzanne K. Nusbaum, a lawyer acting as a neutral third party, concluded at the end of a 45-page record of hearings which took place over three days this summer that Milpitas' claims against the landfill or LEA were baseless.

Continue reading at the San Jose Mercury News

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