10/14/2010
Today QuarryNo initiated Legal Action against Lehigh Southwest Cement Company under the California Toxic Enforcement Act of 1986 for failing to notify residents of their exposure to Arsenic, Benzene and Chromium6 toxins resulting from their operations here. A copy of our written action is now on our website under "News".
We were compelled to do this since the regulatory agencies refused to take such action and continued to maintain that no public notification was required. As a consequence the public was being misled into assuming all is well and new Permits should be issued.
Our complaint is based largely on Lehigh's own data and the California trigger levels for Public Notification from the Office of Environmental Health Hazard Assessment (OEHHA) under the Toxic Enforcement Act. Regretfully a large number of Schools and Daycare Centers as well as El Camino Hospital are identified by Lehigh as being impacted but never notified. We believe this situation has existed since 2007. The penalty for failing to notify is $2,500 per day.
Looking forward we expect the Air Quality District to release shortly the draft of the new Title V Permit incorporating stricter requirements for Mercury emissions which will require a Public Hearing. This is the Permit we successfully delayed last Fall so that the new Mercury limits would be included.
In addition we expect Santa Clara County to issue in December a draft Environmental Impact Report (EIR) for the new East Material Storage Area (EMSA) that has been expanding for 2 years without an EIR and now is visible from streets in Cupertino. This will also include a Public Hearing. After this action the County will finally address the new 20 year Permit for a new Pit and further expansion which we will oppose.
We will issue alerts for all Public Hearings and need your attendance to drive home the message that Santa Clara County Residents don't want the Quarry and Cement Plant expanded. We must grow in size to do this. Our goal for year end is to have 1,000 members. This will only happen if you recruit your friends and neighbors.
We are now educating the public on these issues and need to speak to local Homeowners Associations, Tenant Groups, Mothers Clubs, PTAs and other organizations. Please get us scheduled with the groups you are a member of and let me know the time and place.
We respect the right of Lehigh to continue its historical operations but oppose any expansion. The original Limestone Pit is exhausted and a new Pit must be dug but it should not be here triggering another 20 years of pollution and environmental blight. Better limestone is available in rural areas of California far from populous cities. Thanks for your support."
Bill Almon
balmon@quarryno.com