Tell Vulcan Materials to stop enveloping families with their hazardous, noxious fumes!!!
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Lehi Crossing, a residential subdivision located in Mesa, AZ, is home to over 900 families, many with children and pets. The home builder, William Lyon Homes, failed to properly disclose to its customers that there was a hot mix asphalt plant located 200 ft. below the ground in a mine adjacent to the community. In fact, many homeowners report being told that the mine was closing. This was not the case. The builder continues to sell homes today using the same disclosures that were given to current residents.
Vulcan Materials Company attended zoning hearing meetings for the community between 2004 and 2006, stating that their "highly industrial operation [was] incompatible with a residential community" and "living in close proximity to the operation could degrade the health and safety of the residents."
Nevertheless, the City of Mesa zoned the property for residential living and William Lyon Homes built on the land. Shortly after moving into their new homes, residents noticed a pungent asphalt odor. After realizing there was a plant in the bottom of the mine, they began to take action, only to learn that Vulcan's permit is only enforceable by the county. The residents are unable to enjoy their properties, as remaining outside for longer than a few minutes on most mornings is intolerable.
In August of 2006, Vulcan Materials Company was found to be in major violation of their air quality permit, as they had greatly been exceeding their carbon monoxide emissions for at least the prior year. Maricopa County Air Quality responded by increasing Vulcan's allowed emissions and removing their daily limits. Vulcan had previously addressed the county, stating that not being allowed to violate their permit would impact the production economically and a removal of the daily limits would allow Vulcan to operate more profitably.
Lehi Crossing residents are stuck. If they wish to move, they must disclose the plant and odors that were not disclosed to them, causing an inability to sell or requiring residents to lose their hard-earned equity in order to leave the neighborhood. Failure to disclose sets up residents for the potential of lawsuits brought on by their buyers.
In a meeting with Vulcan Materials Company representatives, Lehi Crossing residents were told that as long as the asphalt plant remained, so would the noxious fumes. Tell Vulcan Materials Company to stop potentially poisoning families with their hazardous and noxious fumes by moving their asphalt plant!!!
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