August 14, 2023
Santa Clara County Board of Supervisors
70 W. Hedding St.
San Jose, CA
RE: Support for the permanent shutting of the Lehigh Southwest cement kiln (Item 20 on the August 15, 2023 Board of Supervisors agenda)
Dear President of the Board Ellenberg and Santa Clara County Supervisors,
Earlier this year, the undersigned organizations supported the referrals by Supervisor Simitian concerning the Lehigh Southwest cement kiln and quarry site. We now wish to express our support for the proposed contract that will lead to the permanent shutting of the Lehigh Southwest cement kiln. Our organizations work to protect open space, nature, wildlife and plant species, and communities. We represent thousands of members in the County of Santa Clara.
We commend staff for negotiating a Legally Binding Agreement Between the County and Lehigh Regarding Permanent Closure of Cement Kiln in which Lehigh commits to the following:
- permanently shut and never restart the kiln at its cement plant facility, and the formulation of decommissioning and demolition plans for the portion(s) of the cement plant used for clinker manufacturing, including the kiln,
- complete the closure and demolition in accordance with applicable regulatory laws, including County Ordinance Code sections B11-320(b) and B11-325 and other federal, state, and local laws, regulations, and ordinances relating to hazardous materials, hazardous wastes, and/or environmental remediation,
- permanently abandon, relinquish, and waive any and all rights under the Cement Plant Use Permit to manufacture clinker on site, and
- never apply to construct a new clinker kiln, or equivalent, at the site at any point in the future.
This legally binding agreement to permanently shut the Lehigh cement kiln is greatly needed. Although Lehigh has stated that they have no intention of recommencing operations at the cement plant, as long as the plant exists and there is no agreement in place, nothing would prevent Lehigh from changing its mind and re-starting the cement kiln. Due to the negative environmental and health impacts of operations at the cement plant, the community deserves the security of a legally binding agreement to permanently end those operations.
Likewise, initiating discussions concerning the future of the Lehigh property is the next logical step. Restoration of this site will be a long-term undertaking, and with Lehigh’s operations apparently decreasing, now is the time to begin to discuss how best to ensure that restoration happens, inclusive of Permanente Creek, and to agree on principles for that process. We support Supervisor Simitian’s referral for staff to begin developing a policy framework with the City of Cupertino regarding joint planning principles, and we urge the County to keep the eventual restoration of this site as the focus of those discussions.
Thank you for your consideration of these comments.
Sincerely,
Alice Kaufman, Policy and Advocacy Director
Green Foothills
Shani Kleinhaus, Environmental Advocate Santa Clara Valley
Audubon Society
James Eggers, Executive Director
Sierra Club Loma Prieta Chapter
Trish Mulvey, Founder
CLEAN South Bay