A Hudson County judge ruled Monday that the Keegan Landfill must permanently close, marking a major victory for Kearny in its legal battle against the state agency that owns and operates the facility.

In a 46-page opinion, Hudson County Superior Court Judge Jeffrey Jablonski wrote that the 110-acre landfill, which has consistently emitted hydrogen sulfide gas at rates above the state’s standard maximum level, must close permanently because it presents a “clear and immediate danger.”

“I think the town residents were fully vindicated,” Mayor Al Santos said.

It’s unclear whether the New Jersey Sports and Exposition Authority — the state agency that owns and operates the landfill — will appeal the ruling. The NJSEA did not return messages seeking comment on Jablonski’s opinion.

Despite the resounding victory, Santos said without a synthetic cap on the landfill, the construction waste it holds will continue emitting gas while it decomposes for up to 10 years. That’s why Kearny won’t celebrate until the NJSEA promises to cover the landfill, the mayor said.

“While we’re very pleased it’s a permanent closure, we still need that cap to get our health back,” he said.

Exposure to varying levels of the colorless gas can cause irritation to the eyes, nose, and throat, as well as nausea, headache, dizziness, and confusion. For over a year, residents have logged hundreds of complaints citing the smell and sickness it can cause.

Kearny sued NJSEA in April and won a temporary injunction closing the landfill until a plenary hearing in July — a decision that was later affirmed by the state Supreme Court.

After five days of testimony in July, Jablonski wrote that the remedial efforts taken by the NJSEA, including the creation of a gas collection system, “are impermissibly temporary and only attempt to mitigate the hazardous condition the Landfill creates, rather to eliminate it.”

Jablonski also found the testimony provided by Kearny’s expert witnesses to be “more credible” than the testimony of the NJSEA’s expert witnesses.

One of the NJSEA’s witnesses, industrial hygienist Edward Eichen, had no actual experience with landfill operations and was unaware that the Keegan Landfill reached emission levels more than double the state’s standard maximum on six occasions between February and April, the judge wrote in his decision.

“The testimony of the NJSEA’s experts ... focused on efforts to ensure the Landfill remain open and fully operational," Jablonski wrote. "Their collective testimony centered on self-serving efforts at mitigation of the offending conditions rather than those designed to eliminate it.”

Yet, Jablonski also called into question whether the NJSEA intended to keep the facility open. The landfill has been operating under a Certificate of Authority that took effect on Nov. 14, 2018 and expires on Nov. 14, 2019. Jablonski noted the NJSEA never indicated whether it would renew COA.

The landfill was a moneymaker for the NJSEA. The agency, which began operations at the site in 2008, reported $13.8 million in revenue from solid waste in 2017. Keegan Landfill is the only landfill the agency operates.

“We hope the NJSEA does not appeal to the judge’s decision and let it stand to keep the Keegan Landfill closed,” Jeff Tittel, director of the New Jersey Sierra Club, said in a press release. “This will help the community and the environment.”

Santos said the state created obstacles for Kearny from the beginning, making the process of closing the landfill an “overwhelming challenge.” At first, for instance, the NJSEA would not monitor the hydrogen sulfide emissions, which prompted Kearny to install its own air monitoring stations.

He remains disappointed that it took litigation to get the landfill closed.

“The part that gets me the most is that this is the state of New Jersey that’s doing this to Kearny,” Santos said. “It’s not some private company.”