Citizens Hold a Polluting Cement Plant Accountable

How We Won

Sep 08, 2011

A long-running battle to bring a polluting cement plant into compliance with the law reached a major milestone, thanks to the hard work of local citizens and a huge boost of support from over 28,000 people who signed their Change.org petition.
 
For years, Lehigh has received government cement contracts while in violation of California's mining laws. The Santa Clara County has been consistently lax in pressing Lehigh to correct the violations in a timely manner.  However, as a result of this campaign, the state has taken a rare action to hold Lehigh accountable. "I've received more than 23,000 copies of the same petition letter from quarry opponents, so I know they're passionate folks," Jim Pompy, assistant director of California's Office of Mine Reclamation, told Change.org that finally galvanized the state into action." said Barry Chang, a board member of the group Bay Area for Clean Environment (BACE), in thanking petition signers for their support.

Lehigh is now doing everything in its power to avoid this notice, including filing a recent lawsuit against California to stop their enforcement of the law. In addition, on August 24, 2011 - Citing significant and ongoing violations of the Clean Water Act, told supporters. "We found out about something that was really wrong, we spoke up about it, and got results."

BACE will continue to pressure the State to vigorously defend the public’s interest and hold Lehigh accountable. You can follow

During a public hearing on February 10, 2011, the Office of Mine Reclamation(OMR) stated that Lehigh Southwest Permanente Cement and Quarry (Lehigh) in Santa Clara County has been operating outside of its approved Reclamation Plan since 2002 and is not qualified to be on the AB 3098 List. Quarries on the list are in good standing with the state mining laws. Quarries not on the list cannot sell cement or aggregate to government funded projects. Lehigh should have been taken off the list in 2002. However, to this day, Lehigh remains on the AB 3098 list, unfairly taking contracts away from those quarries in compliance.  It was estimated that Lehigh sold 85% of its cement to Government agencies.  If OMR removes Lehigh from the AB 3098 list immediately, OMR will get Lehigh’s attention right away and hopefully bring Lehigh into compliance of California Mining Laws quickly.

Air and water violations: The EPA says Lehigh has been operating without a valid Title V Permit (Federal Clean Air permit) since 1996. According to the California Regional Water Quality Control Board,  its “...civil liability (ACL) against the Lehigh Southwest Cement Company (Lehigh)… is based on allegations that Lehigh discharged sediment-laden water to Permanente Creek that may also have been polluted by cement plant operations at its 24001 Stevens Creek Boulevard, Cupertino facility…”.

We need to protect the health and safety of our community and continue to attract the most highly educated and talented high-tech workforce to Silicon Valley. Therefore, effective deterrents like removal from the AB-3098 list need to be enforced by government agencies when Lehigh Permanente Quarry and Cement adjacent to Silicon Valley is in violation of the law.  

Please sign the petition to ask the Office of Mine Reclamation and the State Mining and Geology Board (SMGB) to remove Lehigh from the AB 3098 list immediately.  Please ask your friends and neighbors to sign as well.   Many of you told me that we are making Lehigh and Santa Clara County panic and sweat now.  Please keep up your good work.  Thank you very much for your help.

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