Odor Complaint Calls Number Nearly 100 in 2010

Are odors in Milpitas bad enough to report to the Bay Area Air Quality Management District (BAAQMD)? At least once a month, they are, without fail, according to a city report that contains data going back seven years.

And last year, nearly 100 calls were recorded by BAAQMD.

City Utility Engineer Kathleen Phalen is quick to point out that the data is not a scientific study. It is simply based on when people choose to call, she said.

For example, in the summer when more people are outside, she said, there are more calls.

Phalen presented the odor control report (also available on the right) to the City Council on Tuesday.

She addressed the scope of the problem, how complaints are investigated, how the public is notified and what future improvements to reduce odor are planned by the San Jose/Santa Clara Water Pollution Control Plant.  

The primary odor sources are Allied Waste's Newby Island landfill and compost piles and the sewage treatment plant, according to Phalen. Other sources include Milpitas' sewage-collection system, landscaping applications and wetland marshes.  

Rick King, Allied Waste's general manager of the Newby Island Resource and Recovery Park, said, "We take odor control very seriously. We track wind direction and wind speed regularly and undergo monthly inpections by the BAAQMD."

But what many residents don't know is that there is a system in place where the the stakeholders receive e-mail alerts whenever the air quality district receives a complaint.

There are three inspectors assigned to the area, said Wayne Kino, air quality program manager. One is primary, and two are back-ups.

"These issues we take seriously," he said. "We try to be a good neighbor."

Fines up to $10,000 a day can be issued if a stakeholder is found guilty, he said. The last public nuisance violation was issued in 2003. Since then, there have only been permit violations.

• Citizens can report odors 24 hours a day to the BAAQMD at 1-800-334-ODOR (6367).
•  Inspectors attempt to confirm complaints quickly and may contact the caller for more information.
• Rapid notification by BAAQMD is e-mailed to source facilities and Milpitas and San Jose city staffs. This alerts possible sources to check their operations immediately.
•  Compost odor violations are regulated by the San Jose Local Enforcement Agency (LEA).
•  Overall, a small percentage of complaints are confirmed, but the process keeps the sources aware of public concerns.
•  Confirmed sources can be cited for public nuisance or permit violations.

Mayor Jose Esteves asked for an annual report from Allied Waste and the wastewater treatment plant.

Vice Mayor Pete McHugh said he wanted more public notification of the wastewater treatment plant's draft alternative plan. The public comment meeting will be at the Barbara Lee Senior Center on Jan. 29 from 9:30-11:30 a.m.

McHugh made a motion to address the odor problems and seek more citizen participation. The City Council approved notifying the public through postcards and to put monthly odor complaint reports on council agendas. Councilman Armando Gomez abstained from this issue, because he works for the city of San Jose.