This Landfill Infuriated Kearny; Now A Judge Wants It Closed

HUDSON COUNTY, NJ — A judge in Hudson County has ordered the closure of Keegan Landfill in Kearny.

On Monday, Hudson County Superior Court Judge Jeffrey Jablonski granted the Township of Kearny’s request to close the landfill, which has seen long-running complaints from local residents and officials about odor and safety risks from hydrogen sulfide emissions.

The New Jersey Sports and Exposition Authority (NJSEA) has owned and operated the landfill since 2010.

Jablonski said the NJSEA’s efforts to battle hydrogen sulfide gas at the facility – which smells like rotten eggs – are “impermissibly temporary” and “only attempt to mitigate the hazardous condition that the landfill creates, rather than to eliminate it.”

As such, the facility presents a "clear and present danger" to the community, Jablonski said.

A temporary injunction filed against the NJSEA filed in April was made final on Monday. Read the complete Sept. 30 court opinion.

Earlier this month, authorities evacuated 160 children from a nearby athletic field in Kearny due to allegedly high levels of hydrogen sulfide gas coming from the landfill. About 160 children were practicing on the field at the time, which hosts local youth soccer games.

Levels of the gas reportedly reached around 75 parts per billion on the field, exceeding the state threshold of 30 parts per billion.

• See related article: Stinky Gas From NJ Landfill Shuts Down Hudson County Soccer Field

A Kearny resident and mother wrote about the smell on Twitter, tagging Gov. Phil Murphy:

"I am sure you have heard about the toxicity being emitted from Keegan Landfill. Last night the smell at Harvey field was nauseating. My 9-year-old has soccer practice there. We were rushed off of the field because the levels were high."

After the evacuation, Sen. Nicholas Sacco authored a resolution urging the NJSEA and the DEP to take immediate action to close and cap the Keegan Landfill in Kearny.

"This landfill must be closed, kids enjoying recess or playing soccer should not be overwhelmed by the smell of rotten eggs," Sacco said. "It has become a serious public nuisance in the area and it must be addressed."

'HOMES THAT SMELL LIKE ROTTEN EGGS'

Monday's court decision is “great news” for the township, as people living just a mile away from the Keegan Landfill are “basically living in homes that smell like rotten eggs,” the New Jersey Sierra Club said Monday.

“This is great news for Kearny and a great wind for the reservoir,” said Director Jeff Tittel. “The toxic nightmare may finally be over for residents with the judge’s ruling today calling for the closing of the Keegan landfill. This is a big win for the environment and the community.”

According to Tittel, the NJSEA has been fined for excessive hydrogen sulfide emissions at the landfill and has been cited for allowing illegal dumping of sewage on the premises.

"We hope the NJSEA does not appeal the judge’s decision and lets it stand to keep the Keegan Landfill closed," Tittel added.

The NJSEA previously reached an administrative consent order with the New Jersey Department of Environmental Protection (NJDEP) to create a continuous monitoring system to detect hydrogen sulfide emissions from Keegan Landfill. The NJSEA has also agreed to construct a temporary gas collection and control system until a more permanent system can be built.

• See related article: Hudson County Landfill Is About To Get Extra Stinky, NJDEP Says

Earlier this month, a NJSEA spokesperson told Patch the agency started operating its new gas collection system on Sept. 5, but the system is in a "shakedown" period which may take another two weeks to complete. After that date, the system should work as expected, he said.

"The NJSEA has been working expeditiously to combat this odor problem in order to provide relief and a solution for affected area residents," the spokesperson said.

"Increased odors have been an issue at landfills across the region and the state, and the installation or expansion of gas collection and control systems has proven to be a successful engineering solution," he added. "A properly designed, implemented and maintained landfill gas collection and control system, such as the system at the Keegan Landfill, is considered the best engineering practice to address the situation."

Local protest about the landfill continued despite the NJSEA's assurances, however.

"While the NJSEA insists that the gas collection system will be the solution to keeping the landfill emissions under control, it may take time to regulate the air," the law firm of Williams Cedar wrote. "Until that time if the emissions do not dissipate, individuals who become exposed to the hazardous air may develop health conditions such as headaches, nausea, and eye, nose and throat issues."

As of Sept. 30, an online petition to close the landfill has gathered more than 5,100 signatures.

Here's what some residents have said about the smell, according to complaints sent to the Hudson Regional Health Commission:

• One [resident] must "keep bedroom windows and back of house permanently closed"
• Another reported the area "smells like horse manure"
• "The smell makes it very difficult to remain outside," another resident stated
• "The unpleasant odor will make it hard to sell a house" a resident said
• The odors smelled as if a "wet skunk had died," a resident claimed

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