Hold a Polluting Cement Plant Accountable to the Law

The Issue

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.

avatar of the starter
Barry ChangPetition StarterBarry Chang is a Board Member of Bay Area for Clean Environment, Inc. He has also been a member of the Cupertino City Council since 2009. He ran on a platform of protecting the community's environment and air quality, a promise, which he is now working to fulfill. In 1995, he was elected to the Cupertino School Board and in 2003 was re-elected with the highest number of votes of any candidate. In addition, he served four years on the Cupertino Public Safety Commission. Barry has lived in Cupertino since 1985, where he and his wife raised their family and started a small business that they still operate today. *Organizations, affiliations, and titles are listed for identification purposes only.
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The Issue

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.

avatar of the starter
Barry ChangPetition StarterBarry Chang is a Board Member of Bay Area for Clean Environment, Inc. He has also been a member of the Cupertino City Council since 2009. He ran on a platform of protecting the community's environment and air quality, a promise, which he is now working to fulfill. In 1995, he was elected to the Cupertino School Board and in 2003 was re-elected with the highest number of votes of any candidate. In addition, he served four years on the Cupertino Public Safety Commission. Barry has lived in Cupertino since 1985, where he and his wife raised their family and started a small business that they still operate today. *Organizations, affiliations, and titles are listed for identification purposes only.

The Decision Makers

Former State House of Representatives
2 Members
Rich Gordon
Former State House of Representatives - California-24
Adam C. Gray
Former State House of Representatives - California-21
Former State Senate
2 Members
Mark Leno
Former State Senate - California-11
Jerry Hill
Former State Senate - California-13
Jackie Speier
Former US House of Representatives - California-14
Liz Kniss
Liz Kniss
Supervisor, Santa Clara County for District 5
Meri Maben
Meri Maben
District Director for Rep. Mike Honda

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Petition created on June 9, 2011