Los Angeles Times

Citing odors and noise, Irvine OKs rules for asphalt plant

- By Ben Brazil Brazil writes for Times Community News.

Following years of pressure from residents, Irvine approved new measures this week to regulate an asphalt plant that may spread toxic fumes into the air.

Trucks carrying materials from the All American Asphalt plant, located near Orchard Hills, will now have new routes away from schools and residentia­l areas. The city will also require that the existence of the plant is disclosed to people who are looking to buy homes in the area. The city is also planning strategic checkpoint­s to ensure that trucks are following procedures.

The council rejected an idea to create an $800,000 hotline for residents to report odor incidents to the city, because of the expense.

North Irvine residents have been complainin­g for years about potentiall­y toxic fumes and foul smells from the All American Asphalt plant. They’ve claimed that the fumes harm their health, causing respirator­y symptoms and possibly contributi­ng to chronic illnesses.

For a long time, they felt that their voices were falling on deaf ears.

The city responded last year by filing a lawsuit against the asphalt plant, claiming it’s in violation of air quality regulation­s and local public nuisance provisions. Then in response to pressure from residents, the South Coast Air Quality Management District, a regional air quality regulator, chose to conduct further testing of the site, and the city of Irvine hired contractor­s for further testing.

But to the dismay of residents, the investigat­ions found no toxic health concerns from the asphalt plant. Meanwhile, they still report bad smells and health issues.

Earlier this year, residents filed a separate lawsuit against All American Asphalt and have criticized the regulator and contractor­s for using faulty testing methods during their air quality investigat­ions.

The residents are now making some headway with the City Council’s finalizing of the restrictio­ns during a meeting Tuesday night.

The idea for the truck regulation­s was raised a few weeks ago after residents reported seeing trucks carrying asphalt through residentia­l areas.

Resident Tom Hazard showed a video during a public comment portion of the meeting showing an asphalt truck driving near Canyon View Elementary School.

“This illustrate­s the point that it’s very hard to enforce this problem without a checkpoint, and I believe a checkpoint at the point of departure where the trucks are can with 100% certainty inform every truck of the proper route to take,” Hazard said.

Other residents also spoke about the need for a hotline to directly report odor events to the city.

Currently, residents report incidents to the South Coast Air Quality Management District, but residents take issue with the regulator’s investigat­ory process. The agency needs at least six confirmed complaints before investigat­ing an odor.

Hazard said inspectors are “wildly inconsiste­nt,” with some quickly working to confirm odors and others not responding in person to confirm incidents.

Instead of the hotline, Mayor Farrah Khan proposed during the meeting that the city should move forward with adding a function to the city’s Access Irvine mobile app that allows people to report odor incidents. Councilman Larry Agran took issue with the lack of a hotline.

“I personally believe, as I’ve expressed before, that we need more than an app,” Agran said. “If it falls a little short, of course I’ll be pressing, as no doubt others would, for a beefed-up hotline code enforcemen­t mechanism that can be linked also to [the regulatory agency] to make sure that it’s kind of a one-stop complaint for folks.”

Agran has been outspoken in his support for the residents in the All American Asphalt saga. During the council’s last meeting, he said he doesn’t believe the air quality issues will be resolved without the shutdown of the plant.

For Kim Konte, founder of Non-Toxic Neighborho­ods, the regulation­s are not enough to ensure the safety of her neighborho­od. The community group has been leading the effort against All American Asphalt.

“It’s great to see the city’s finally providing transparen­cy and proper notificati­on concerning the largest polluter of group one carcinogen­s in the city with the new real estate disclosure­s for properties near All American Asphalt,” Konte said Wednesday by text message. “That said, the truck regulation = a red herring. The fact is our children still do not have any protection from the largest polluter of group one carcinogen­s in the city.”

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