Cities and counties may have a CalRecycle-certified Local Enforcement Agency (LEA) to regulate and ensure the correct operation and closure of their jurisdiction’s sanitary landfills and recycling facilities.

In San José, the local LEA is within the Code Enforcement Division. The responsibilities of the LEA include:

• Inspects and monitors for compliance with federal, state, and local solid waste regulations.
• Authorizes facilities to operate under a permit that imposes strict conditions for the type and volume of material that may be processed or disposed.
• Participates in the review of proposed developments on closed landfill sites.
• Responds to compost odor complaints and posts reports of findings of investigations

Inspections and Monitoring

LEA staff inspect San José’s:

• 4 active landfills – inspected monthly
• 14 inactive landfills - inspected every 90 days
• 15 material recovery facilities (MRFs) - inspected monthly or quarterly depending on type or size
• 2 composting operations – inspected monthly
• 1 in-vessel digestion facility - inspected monthly

At certain locations, the LEA performs routine monitoring of odors emitted from solid waste facilities. Monitoring sites are determined, in part, by the frequency of odor complaints and odor types and intensities.

See the Odor Monitoring Circuit for the Newby Island/Milpitas area, along with an inspection log.

Post Closure Land Use Plans

Whenever a development is proposed on a closed landfill the LEA, along, with other agencies, must deem the site safe and suitable for the proposed project. LEA staff will:

• Review a Post Closure Land Use Plan (PCLUP) for the closed facility.
• Specify conditions for development, such as proper control and monitoring of landfill gases that may continue to generate from buried, decomposing waste materials.

Compost Odor Complaints

The Bay Area Air Quality Management District (BAAQMD) is responsible for odors relating to sanitary landfill operations and any chemical or sewage smells.

The LEA is responsible for responding to odor complaints relating to compost and wood chipping operations.

To report an earthy, musty or acrid odor that you believe is associated with a composting or wood chipping operation in San José:

• Fill out the Compost Odor Complaint Form; or
• Call the Compost Odor Complaint hotline at 408-793-6938 and leave a message that includes:
  
  • Your name and phone number so we can respond to you.
  • The time and location where you experienced the odor.
  • The rough location or direction of where you think the odor originated.
  • Rate the odor on a scale of 1 to 5 with 5 being strong.

Not sure what the odor is or where its coming from? Call 800-334-ODOR (6367) or visit www.baaqmd.gov

Odor Investigation Findings

LEA staff post the odor complaint investigation findings as follows:

• Monthly reports are submitted to the CalRecycle Solid Waste Information System (SWIS).
• At SWIS webpage, select San Jose under the “LEA Jurisdiction” drop down menu.
• Search for the solid waste facility believed to be responsible for the odor.
• Under the blue tab labeled “Inspection” you can view completed inspection reports to locate the findings of any LEA odor investigations conducted that month.