County: Cupertino quarry racked up thousands of violations over 10 years

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.

Santa Clara County undertook the review 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 local level, the most significant violations at Lehigh's Cupertino plant include extensive sediment pollution along Permanente Creek and the unpermitted expansion of an emergency access road leading through Cupertino to the plant. Lehigh also removed 35 protected trees along the road.

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.

“We are pleased to resolve these issues with an agreement that is aligned with our company's commitment to operating in a safe and environmentally responsible manner,” Kari Saragusa, president of Lehigh Hanson's west region, said at the time of the settlement. “The new water treatment system at the Permanente facility is a clear example of our focus on continuous improvement in all aspects of our operations.”

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.

While Lehigh paid the fines, Simitian said the company is slow to implement mitigation measures.

“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.”

Simitian proposed in February that the county purchase the 3,500-acre cement quarry for possible use for open space or housing, among other uses.

“It's time to look at alternative uses that are more benign on their impact on the public,” Simitian said.

Lehigh's response to Simitian's proposal was lukewarm.

“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.”

To help sustain its future, Lehigh in May 2019 submitted an application to amend its reclamation plan, approved by the county Board of Supervisors in 2012, to increase total mining production at its quarry in the Cupertino foothills by approximately 600,000 tons per year. The county accepted the application as complete in November 2019, but Lehigh filed a lawsuit in February 2021 alleging that the county failed to move forward in processing it.

Simitian recently proposed that the county retain an outside consultant to help review the estimated costs to clean up the quarry site and restore the land when the quarry eventually closes. The supervisor said he wants to be sure Lehigh has sufficient financial guarantees in place to cover these costs so that “the public's not on the hook for cleanup costs when that time comes.”