A 10-year review of operations at the Lehigh Southwest Cement property in unincorporated Cupertino identified more than 2,100 violations resulting in millions of dollars in fines and penalties.
These violations at the local, state and federal regulatory level occurred between Jan. 1, 2012 and Dec. 31, 2021.at the behest of Supervisor Joe Simitian, who said he made the request to achieve some transparency at the county level regarding Lehigh, which is in his district.
At the federal level, Lehigh in 2015 agreed to pay a civil penalty of $2,550,000 for three different violations, split into two payments to the Environmental Protection Agency and the Regional Water Quality Control Board. In 2020, Lehigh agreed to invest $12 million in pollution control technology at its 11 production plants in eight states as penance for violating the federal Clean Water Act, Clean Air Act, California water code regulations and other local infractions.“They’ve paid the fines as they go, but it doesn’t seem to generate a change in behavior,” he added. “The whole regulatory process collapses if it’s not effective in generating compliance.
“It’s time to look at alternative uses that are more benign on their impact on the public,” Simitian said.“As we evaluate optimal reclamation approaches and the future of the property in general,” Lehigh Hanson spokesman Jeff Sieg said in a statement, “we look forward to hearing the county’s ideas that respect both the community interests and Lehigh’s property rights, as well as help create a more sustainable future.
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