Is the Lehigh cement plant in Cupertino following the rules or not?
That's what the Los Altos City Council wants to know—and members said Tuesday they're not content to let Santa Clara County watch out for Los Altans' health and welfare.
“No agenda, just the facts, discerning what’s important in how we can preserve the well-being of our community from an operation that happens to be outside of our community,” Councilman David Casas said Tuesday night.
The City Council members voted unanimously to form a committee to study whether Lehigh Southwest Permanente Cement Plant, on the other side of Rancho San Antonio County Park, is negatively affecting the air and water of Los Altos.
Dozens of residents in the last few months have visited Los Altos, Los Altos Hills and Cupertino city councils to complain that the Lehigh cement plant and quarry–the only operation of its type in the country near a heavily populated urban area—are not being adequately regulated by the county and regulatory agencies such as the Bay Area Air Quality Management District (BAAQMD).
The vote gives city staff the go-ahead to collect data from the many regulatory agencies that have oversight of the plant. The city will request the installation of air- and water-monitoring stations within the city’s borders to track what’s coming from the plant.
In addition, the ad hoc committee of Mayor Ron Packard and Casas will share information with a similar committee organized recently by the Los Altos Hills City Council. It authorized a $25,000 account for the city attorney to pursue the matter.
“It’s important we go through a very balanced, very thorough understanding of what is and what is not being done, what has, and what hasn’t been accomplished,” Casas said of the committee. “Are they (Lehigh) following the rules, or are they not?”
The plant has several outstanding Notices of Violation from the county, the BAAQMD, the EPA and the Regional Water Quality Control Board. To date, no fines have been levied against the plant, which is being given time to correct the notices.
Residents say they worry that aside from the violations, the plant is emitting mercury and other toxins into the air and water through Permanente Creek. They question whether government regulations are enough to protect the 1.8 million residents of the county.
A handful of citizen watchdog groups have sprouted up to protest Lehigh’s operations, includingQuarry No, in Los Altos Hills and No Toxic Air in Cupertino. Leaders boast hundreds of members in the groups. Tuesday night Casas credited Quarry No founder Bill Almon with bringing the issue to the attention of the Los Altos City Council.
Another concern raised, not only by residents but also by council members in both Los Altos and Los Altos Hills, is whether county officials are trying to protect Lehigh because of tax monies that flow from there into county coffers.
“I don’t believe in conspiracy, but I also don’t believe in stifling discussion," Casas said. "And I know for a fact that board members for the county have called elected officials in the adjoining communities to dissuade them from having this discussion. I find that offensive. I believe there is a financial obligation that we need to examine.”
Said Packard, “I am concerned about the financial benefit to the county and possible bias.”
Several residents from Los Altos, Los Altos Hills and Cupertino addressed council members Tuesday night in support of the investigative committee.
Absent from the meeting were any representatives from Lehigh, who have been on hand at council meetings in Los Altos Hills and Cupertino in recent months.
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