A ten-year overview of operations on the Lehigh Southwest Cement property in unincorporated Cupertino recognized greater than 2,100 violations leading to hundreds of thousands of dollars in fines and penalties.
These violations on the native, state and federal regulatory degree occurred between Jan. 1, 2012 and Dec. 31, 2021.
Santa Clara County undertook the overview on the behest of Supervisor Joe Simitian, who mentioned he made the request to realize some transparency on the county degree concerning Lehigh, which is in his district.
On the native degree, probably the most vital violations at Lehigh’s Cupertino plant embody intensive sediment air pollution alongside Permanente Creek and the unpermitted enlargement of an emergency entry street main via Cupertino to the plant. Lehigh additionally eliminated 35 protected timber alongside the street.
On the federal degree, Lehigh in 2015 agreed to pay a civil penalty of $2,550,000 for 3 completely different violations, cut up into two funds to the Environmental Safety Company and the Regional Water High quality Management Board.
“We're happy to resolve these points with an settlement that's aligned with our firm’s dedication to working in a secure and environmentally accountable method,” Kari Saragusa, president of Lehigh Hanson’s west area, mentioned on the time of the settlement. “The brand new water therapy system on the Permanente facility is a transparent instance of our give attention to steady enchancment in all features of our operations.”
In 2020, Lehigh agreed to take a position $12 million in air pollution management know-how at its 11 manufacturing crops in eight states as penance for violating the federal Clear Water Act, Clear Air Act, California water code rules and different native infractions.
Whereas Lehigh paid the fines, Simitian mentioned the corporate is sluggish to implement mitigation measures.
“They’ve paid the fines as they go, nevertheless it doesn’t appear to generate a change in conduct,” he added. “The entire regulatory course of collapses if it’s not efficient in producing compliance.”
Simitian proposed in February that the county buy the three,500-acre cement quarry for attainable use for open area or housing, amongst different makes use of.
“It’s time to take a look at various makes use of which are extra benign on their affect on the general public,” Simitian mentioned.
Lehigh’s response to Simitian’s proposal was lukewarm.
“As we consider optimum reclamation approaches and the way forward for the property usually,” Lehigh Hanson spokesman Jeff Sieg mentioned in a press release, “we stay up for listening to the county’s concepts that respect each the group pursuits and Lehigh’s property rights, in addition to assist create a extra sustainable future.”
To assist maintain its future, Lehigh in Could 2019 submitted an utility to amend its reclamation plan, accepted by the county Board of Supervisors in 2012, to extend whole mining manufacturing at its quarry within the Cupertino foothills by roughly 600,000 tons per yr. The county accepted the appliance as full in November 2019, however Lehigh filed a lawsuit in February 2021 alleging that the county failed to maneuver ahead in processing it.
Simitian lately proposed that the county retain an out of doors guide to assist overview the estimated prices to wash up the quarry web site and restore the land when the quarry finally closes. The supervisor mentioned he needs to make sure Lehigh has enough monetary ensures in place to cowl these prices in order that “the general public’s not on the hook for cleanup prices when that point comes.”
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