Thursday, November 19, 2009

Residents Appeal Cement Decision

By Elaine D. BriseñO
Journal Staff Writer
      A group of North Valley residents are appealing the city's decision to allow American Cement to extend its hours.
       The transfer station had asked the city's Air Quality Division to approve modifications to its air quality permit so that its transfer station near Griegos and the railroad tracks could operate 24 hours a day. Its hours had been restricted to 6 a.m. to 5 p.m.
       Company officials have said they do not plan to operate 24 hours a day but would like the option.
       The site serves as a transfer station, with cement delivered via the railroad and stored in silos until it is eventually transferred to trucks for delivery.
       Under conditions imposed by the city, the company will sweep paved roads on the property more often, visually check for dust levels and strictly monitor equipment to make sure it's operating properly.
       But an appeal has been filed by Kyle Silfer, president of the Greater Gardner Neighborhood Association; David Wood, vice president of the association; Marcia Finical, secretary of the association; and the North Valley Coalition of Neighborhood Associations.
       “The neighborhood asked for a lot of things they did not get,” Silfer said. “But the appeal does not allow for negotiations. We can only ask them to overturn their decision.”
       The appeal claims that the decision fails to “protect the health, safety and welfare of the public without a proper review off relevant evidence” and that it neglected to incorporate “environmental justice” into the decision.
       The idea of environmental justice is that the government should take into consideration the environmental impact on residents, especially in neighborhoods that have minorities or poverty.
       Neighbors protested the plant, saying extended hours would mean more dust for them. Those who live across the street from the facility claim the pollution clogs their air conditioning.
       The building has been at its current location since 1987 and was sold last year to Grupo Cementos de Chihuahua. The former owners had amassed more than $300,000 in fines stemming from violations.
       Isreal Tavarez, the city's environmental engineering manager with the Air Quality Division, said the appeal will go before the Air Quality Control Board at its Dec. 9 meeting. The board will assign a hearing officer at that time.
       A hearing likely will be held in January, which Tavarez said is similar to a court proceeding.
       The hearing officer will make a recommendation, and the board will make a final decision on whether to repeal the permit modifications.
       

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