Bill Text: NJ ACR33 | 2020-2021 | Regular Session | Introduced
Bill Title: Urges NJ Sports and Exposition Authority and DEP to take immediate action to close and cap Keegan Landfill.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-14 - Introduced, Referred to Assembly Environment and Solid Waste Committee [ACR33 Detail]
Download: New_Jersey-2020-ACR33-Introduced.html
ASSEMBLY CONCURRENT RESOLUTION No. 33
STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Assemblywoman ANGELICA M. JIMENEZ
District 32 (Bergen and Hudson)
Assemblyman PEDRO MEJIA
District 32 (Bergen and Hudson)
SYNOPSIS
Urges NJ Sports and Exposition Authority and DEP to take immediate action to close and cap Keegan Landfill.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
A Concurrent Resolution urging the New Jersey Sports and Exposition Authority and the Department of Environmental Protection to take immediate action to close and cap Keegan Landfill located in the Town of Kearny, Hudson County.
Whereas, The Keegan Landfill, located in the Town of Kearny in Hudson County, is operated by the New Jersey Sports and Exposition Authority (NJSEA); and
Whereas, The operation of the Keegan Landfill greatly impacts the Town of Kearny as the landfill is located less than 1,000 feet from residences, approximately one-quarter of a mile from an elementary school, and near a municipal outdoor soccer facility, which is one of the most active recreational fields in the community; and
Whereas, The residents of the Town of Kearny and the surrounding communities have been suffering as a result of noxious hydrogen sulfide odors emanating from the Keegan Landfill, and have filed complaints with the Department of Environmental Protection since at least December 2018; and
Whereas, Hydrogen sulfide, a colorless gas with the odor of rotten eggs, is often generated as a byproduct of industrial and natural processes, including during the breakdown of waste contained within a landfill; and
Whereas, Hydrogen sulfide has a low odor threshold, which means that it can be detected by people at very low concentrations before it could pose a health risk, and reactions to the odor itself may trigger symptoms such as nausea, vomiting, sleep disturbance, loss of appetite, and headaches; and
Whereas, The rotten egg odor has become a regular occurrence in the Town of Kearny and the surrounding area, permeating the air on a daily basis, and negatively impacting the health and quality of life of residents, with many residents complaining of headaches, nausea, and difficulty breathing; and
Whereas, Numerous complaints have been made to the NJSEA and the Department of Environmental Protection concerning the operation of the landfill and the hydrogen sulfide odors emanating from the landfill; and
Whereas, Although the Department of Environmental Protection has investigated the situation and taken enforcement action, and the NJSEA has entered into a voluntary Administrative Consent Order with the department, the odors still persist; and
Whereas, The Keegan Landfill has frequently emitted hydrogen sulfide in concentrations exceeding the Department of Environmental Protection's regulatory standard of 30 parts of hydrogen sulfide in one billion parts of air (ppb) averaged over any 30-minute period at or beyond the landfill property line, most recently on September 10, 2019; and
Whereas, While the NJSEA has installed a continuous monitoring system as well as a gas collection and control system intended to mitigate odor emissions from the Keegan Landfill, the continued operation of this landfill unduly impacts the quality of life, health, and well-being of the residents of the Town of Kearny and the surrounding communities; and
Whereas, In April 2019, the Superior Court issued a temporary injunction ordering the NJSEA to close the Keegan Landfill, and in September 2019, the Superior Court ruled that the landfill must permanently close because it presents a "clear and immediate danger" to the residents of the Town of Kearny; now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):
1. The New Jersey Sports and Exposition Authority and the Department of Environmental Protection are strongly urged to take immediate action to permanently close the Keegan Landfill in the Town of Kearny, Hudson County, and install an impermeable cover and gas collection system to eliminate hydrogen sulfide emissions from the landfill.
2. The New Jersey Sports and Exposition Authority is further urged to accept the finality of the Superior Court's September 2019 decision requiring the closure of the Keegan Landfill, and to expeditiously comply with the court's ruling to close and cap the landfill.
3. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly or the Secretary of the Senate to the President and Chief Executive Officer, and each member of the Board of Commissioners, of the New Jersey Sports and Exposition Authority, the Commissioner of Environmental Protection, and the Mayor of the Town of Kearny, Hudson County.
STATEMENT
This resolution strongly urges the New Jersey Sports and Exposition Authority and the Department of Environmental Protection to take immediate action to permanently close the Keegan Landfill in the Town of Kearny, Hudson County, and install an impermeable cover and gas collection system to eliminate hydrogen sulfide emissions from the landfill.
