Category: Environment

  • Disinformation: Rod Falsely Claiming Credit

    Disinformation: Rod Falsely Claiming Credit

    In this post we cover another form of disinformation used by the builder-politician complex: claiming credit for accomplishments they had little part to play in. We have two write-ups to share from community members on debunking claims made by Rod Sinks in his election website. 

    Rod Sinks Claims Credit for SV Hopper
    Refuted by ex-Mayor Darcy Paul

    “The Silicon Valley Hopper started as Cupertino’s Via Shuttle when our Mayor was Steven Scharf. It’s strange how some people like to label us the so-called ‘Better Cupertino’ City Council, and then take all the credit for things that we did while blaming us for various things that we didn’t do. 

    I was the Mayor when Via Shuttle was being voted on by the City of Santa Clara to expand to their city as well. At the same time, I was the board member for VTA representing the West Valley cities. There are twelve members of the VTA board, and the West Valley seat has five cities. 

    Well, as you would expect, VTA does not automatically support competitors to its services. However, the expansion of Via Shuttle to become the Silicon Valley Hopper did gain that support when I was on the VTA board of directors, and this happened in 2022, when I was Mayor. 

    As to the City of Santa Clara, I reached out both to their Mayor, Lisa Gilmor, as well as to her colleague Councilmember Raj Chahal to help secure their city’s unanimous support. And so, regardless of who else tries to take credit or blame us for this or that, the fact of the matter is that we did significant amounts of work on making this transit option available for the residents of Cupertino.”

    Former Mayor Darcy Paul, 
    City of Cupertino

    Rod Sinks Embellishes His Role in Reducing Pollution from the Lehigh Plant

    We are publishing a detailed rebuttal from Rhoda Fry. In 2022 she was honored by a CREST award for Public Safety for her work to change the time for garbage pickups so as not to interfere with children going to school and for providing the City with an analysis of the quarry use-permits to put an end to illegal truck traffic between the two quarries

    Rhoda Fry moved to Cupertino in 1983 after graduating from CMU to work at Tandem Computers. She became active in City affairs when she discovered that the City was about to enact an emergency illegal tax. She fought and won. Since then, she has been involved in issues related to the environment (especially Lehigh-documents from last century), public safety or fiscal accountability. This year, her efforts contributed to a new County ordinance  that protects ground-water quality from the ravages of mining. She also discovered that the City had misused funds that were intended for below market rate housing. 

    Rod Sinks Misled Public about Lehigh- by Rhoda Fry

    As many people know, I have worked on Lehigh issues for over fifteen years and was alarmed by statements made by Rod Sinks who incorrectly claimed to have reduced air pollution at Lehigh while sitting on the Bay Area Air Quality Management Board (BAAQMD). At the Diya TV candidate forum, he stated “I helped secure a deal with the Lehigh cement plant to drastically improve our air quality.”

    In 2019, a new air-pollution rule was proposed as part of a consent decree involving many states to address a 2010 EPA violation that would be implemented in 2021. In 2019, there were multiple industrial incidents at the cement plant and BAAQMD did little for us residents.  In 2020, Lehigh shut its cement plant down when it became clear that the County would not allow an expansion of its limestone mining operations referred by County Supervisor Joe Simitian as “don’t chop the top.”

    Consequently, the new air-pollution rule was never implemented. It would not have mattered because the new rule did little to protect us residents. Residents wrote letters (Consent Decree Public Comments) begging for a better rule but were not heard. Gary Latshaw, Chair of the Bay Area for Clean Environment Group wrote,

    “We do not find that the consent decree provides adequate protection for the air quality in the region. Notwithstanding the potential of the “test and set” methodology for SOx, the specified required regulations for NOx and SOx are only marginal improvements over existing conditions. Even under optimistic assumptions, the emissions would still degrade the health and longevity of Bay Area residents.”

    For example, while the maximum allowable sulfur pollution was 0.2 lbs/ton at other Lehigh cement plants, the Cupertino facility’s maximum allowable sulfur pollution was ten times more at 2.1 lbs/ton! And the so-called new sulfur limits in Cupertino represented a mere 3% reduction of only 0.07 lbs (from 2.17 lbs/ton to 2.1)!!!

    Rod Sinks claiming any credit for negotiating a deal or reducing air pollution is usurpation of credit due  to local volunteers who tirelessly worked to save our environment from excessive pollution by Lehigh for many decades.

    Lehigh History: 
    At the end of Stevens Creek Blvd, is a massive quarry and industrial site on over 3500 acres that spans three jurisdictions, Cupertino, Unincorporated Santa Clara County, and Palo Alto. The quarry has mined for limestone that is very high in naturally-occurring contaminants, such as mercury and selenium. 

    Until 2011, usable waste-rock was crushed into aggregate and sold. That operation was re-built a decade later and presently is the only commercial activity at the site. The rest of the waste-rock is spread over 200 acres of thinly vegetated moonscape.

    The limestone is the main ingredient to make cement in a giant kiln fueled by petroleum coke, a filthy  polluting fuel that is a by-product of oil refineries. Among California’s industrial air polluters, Lehigh ranked #2 for Sulfur, #3 for Hydrochloric Acid, #4 for PM 2.5, #6 for VOCs, #7 for Nitrogen, and #10 for Hexavalent Chromium.  

    With the revelation that the County would not allow Lehigh to access anymore limestone, the cement plant closed permanently in 2020. There have been hundreds of environmental and labor-safety violations at the site from both the mining operations and quarrying, some of which remain unresolved.
     
    Political Connections:

    Over the years, Lehigh has been protected by the San Jose and Cupertino Chambers of Commerce and numerous politicians. Among others, the following politicians have been employed by the quarry and cement plant: County Supervisor Tom Legan; Cupertino Council member, BAAQMD representative and aspiring County Supervisor Barbara Koppel; Cupertino council member Sandy James; and Assemblymember Jim Cuneen. 

    Many council members would not respond to resident concerns and were reluctant to even send a letter to the County. Gilbert Wong was one of those reluctant council members. Barry Chang became a Lehigh activist but lost credibility when he became overly vocal and has not been active on Lehigh issues since 2018. Strangely, current council member J. R. Fruen ran a PAC in 2018 with primary funding from Vallco which paid $10K to Ed McGovern, a Lehigh Lobbyist.
     
    Lehigh Future: 

    Moving forward, Lehigh needs to shore up the over-mined crumbling ridgeline between the quarry and Rancho San Antonio by filling the quarry. The approved 2012 plan uses onsite mining-waste to shore up our scenic ridgeline however their new proposal turns the quarry into a for-profit landfill, importing soil from construction sites at a rate of 600 trucks per day for 30 years. We need a City Council who really works for residents first to prevent this unnecessary traffic. We need to regain a resident-friendly council majority by re-electing Kitty Moore and electing Ray Wang.
     
    EPA Clean Air Act Settlement

    Consent Decree FAQ
    Consent Decree Public Comments

    Consent Decree Official Document

  • County Deems Lehigh Permanente Quarry Application Incomplete

    County Deems Lehigh Permanente Quarry Application Incomplete

    On December 7, Santa Clara County’s Planning and Development Office deemed Lehigh’s Reclamation Plan application incomplete. The 31-page letter listed a number of areas that require clarification such as, appropriately defining the land areas to be reclaimed, fish and wildlife protection, water quality concerns, new truck routes, and additional truck traffic.

    What is Reclamation?

    The purpose of the Reclamation Plan is to describe how the mined land will be repaired for a secondary beneficial use, such as open space. Reclamation does not restore land to its pre-mining state. The biggest issue facing residents is that Lehigh intends to convert its Permanente Quarry into a for-profit landfill that would take in 31.2 million cubic yards of off-site clean fill, which translates to an increase in truck traffic. This is a significant change from the approved 2012 Reclamation Plan that would fill the quarry with onsite mining-waste to stabilize the crumbling ridgeline between the quarry and Rancho San Antonio Open Space Preserve.

    Source: https://stgenpln.blob.core.windows.net/document/PLN19_0106_Permanente_Quarry_PreApplication_Meeting_Packet.pdf

    Lehigh History

    From 1939 through 2020, Lehigh’s Permanente Quarry mined for limestone to feed its onsite cement plant that was fueled by petroleum coke, making the site one of the Bay Area’s biggest air polluters. The site has an egregious record of violations across numerous regulatory agencies.

    In early 2020, Lehigh stopped blasting for limestone and manufacturing cement. Since then, residents have noticed truck traffic from two new businesses there, aggregate processing and cement distribution. In 2021, with the notable exception of the Lehigh Permanente Quarry, HeidelbergCement AG of Germany sold its west coast operations to Martin Marietta of North Carolina for $2.3 billion. In 2022, Cupertino residents were blinded by bright movie lights when Lehigh leased its site for filming a Sci-Fi movie. 

    Next Steps

    Lehigh has 180 days to respond to the issues flagged by County Planning, County Road and Airports, County Geologist,  U.S. Fish and Wildlife, Santa Clara Valley Water District, and the Midpeninsula Regional Open Space District. There were no comments attached to the County’s letter from the San Francisco Bay Regional Water Quality Control Board. Additionally, the County and Lehigh will schedule a required community meeting prior to deeming the application as complete.

    References

    County of Santa Clara Department of Planning and Development letter to Lehigh regarding Major Reclamation Plan Amendment Application. https://stgenpln.blob.core.windows.net/document/PLN23_100_Letter_Incomplete.pdf. Accessed December 18, 2023.
    https://www.reuters.com/business/finance/martin-marietta-buy-heidelbergcements-western-us-assets-23-bln-2021-05-24/

  • Learn What’s Next for the Lehigh Cement Plant and Quarry on Wednesday April 26

    Learn What’s Next for the Lehigh Cement Plant and Quarry on Wednesday April 26

    On Wednesday, April 26, at 6:30 PM at Cupertino Community Hall and on Zoom, various oversight agencies will give updates on the Lehigh Cement Plant and Permanente Quarry, along with an opportunity to ask questions. This meeting will also be recorded. Sign up here.

    On April 18, the Santa Clara County Board of Supervisors unanimously approved two decisions regarding the Lehigh Cement plant:

    1. Santa Clara County will obtain a legally-binding commitment from Lehigh to not rebuild its cement kiln. Following an industrial accident in 2019, the kiln sputtered through to the beginning of 2020. During this time, the Bay Area Air Quality District (BAAQMD) received a plethora of phone calls reporting excessive pollution from the cement plant. The cement plant subsequently ceased operations and instead became a distribution center for imported cement. 
    The kiln, which is fueled by petroleum coke, incinerates locally-mined limestone and other imported materials to manufacture clinker. This portion of the cement-making operation creates the most air pollution. The clinker is ground in a mill, mixed with other materials, and stored in giant silos for distribution. 
    During a County meeting in November 2022, a Lehigh representative testified that the company would not rebuild its kiln because it would be too expensive to comply with modern pollution regulations but would retain its Conditional Use Permit in order to continue manufacturing and distributing cement.
    Lehigh Cement Plant
     2. The County will create a policy framework guiding restoration and future development of portions of the 3500-acre Lehigh site, in cooperation with the City of Cupertino. The only land that Lehigh can develop is in Cupertino. 
    Supervisor Simitian announced three goals: close the cement plant, stop mining the quarry, and begin restoration and reclamation of the property. The cement plant’s kiln and active mining shut down three years ago. 
    Reclamation, which is required to occur concurrently with mining is grossly overdue.
    The 2012 County-approved plan stipulates that mining-waste-rock piled upon over 300 acres would be placed in the quarry pit to protect water-quality and to shore up the crumbling ridgeline at Rancho San Antonio Open Space Preserve. 
    Instead, the County is awaiting a new proposal that would transform the quarry into a for-profit landfill for waste rock, with an estimated 600 truck trips per day for 30 years. In March, the Santa Clara Valley Water District Water Storage Exploratory Committee rejected the idea of turning the quarry into a lake for water storage. 
    To attend the Lehigh meeting in person or via zoom to learn about the organizations that are in charge of regulating the facility, click here

    Links:
    April 18 2023 Board of Supervisors items 20 and 21: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=14890
    November 17 County Housing, Land Use, Environment, and Transportation Committee (HLUET) item 5: http://sccgov.iqm2.com/Citizens/FileOpen.aspx?Type=14&ID=13084&Inline=True
    March 29 2023 Santa Clara Valley Water District Water Storage Exploratory Committee item 5.2: https://s3.us-west-1.amazonaws.com/valleywater.org.us-west-1/s3fs-public/WSEC-Agenda-03292023.pdf