Since returning to the Board of Supervisors in 2013, Supervisor Simitian has pushed for increased oversight at Lehigh, holding the quarry and cement plant accountable to environmental regulations and aiding the public’s understanding of and access to the state, federal, and local agencies that have jurisdiction over the site. In 2022, at Supervisor Simitian’s request, County staff compiled and issued a 10-year review of local, state, and federally recorded violations taking place at the site and found there were 2,135 violations and millions in fines. The Board directed staff to further review the record and report back to the Board, at which time the Board directed staff to schedule the Planning Commission to conduct a hearing relating to modification or revocation of the cement plant use permit, and to provide a report to the Board relating to the status of the Quarry as a public health and safety nuisance.
Upcoming Event on March 27: Annual Lehigh Southwest Cement Plant and Permanente Quarry Public Meeting
A timeline highlighting some of the steps Supervisor Simitian has taken to improve oversight and accountability at Lehigh:
April 1, 2014: Supervisor Simitian requested stepped up oversight by the County, including:
- Monthly site visits (previously site visits were annual);
- Interagency coordination meetings, involving agencies at the state, federal and local levels; and
- Annual public report-outs.
July 22, 2014: Letter to Lehigh providing notification of a lapsed condition of approval for the cement plant. The required performance bond was provided and compliance with the conditions of approval restored.
September 2015: Monthly calls between Supervisor Simitian’s Office and the top management at Lehigh are initiated.
November 4, 2015: Supervisor Simitian holds first Lehigh Town Hall with representatives from a half-dozen state, federal, and local oversight agencies and over 125 people in attendance. Questions posed by the public to the panel were answered verbally at the meeting or in writing after. Meetings have continued almost every year since, including a pandemic-necessitated pivot to Zoom webinars in 2021 and 2022. Watch the prior community meetings.
January 26, 2016: Santa Clara County’s website is updated to make it easier to find information about Lehigh Hanson Cement Plant and Quarry.
Late 2017/Early 2018: Working with County staff in the Department of Environmental Health, Lehigh reconfigured and replaced the exhaust fan system that was contributing heavily to noise complaints and multiple violations of the County’s noise ordinance.
December 17, 2020: Staff present to County’s Housing, Land Use, Environment and Transportation (HLUET) Committee -- at Supervisor Simitian’s request -- to provide an update on the status of Financial Assurance Cost Estimates (FACE) for all county mines, ensuring transparency of the process. Ultimately, the Committee’s review of the FACE leads to the County contracting with a third-party expert for review to ensure FACE sufficiency.
August 17, 2021: The Santa Clara County Board of Supervisors reinforced protection of the County’s local hillsides and habitat by unanimously approving an agreement with the Midpeninsula Regional Open Space District to share enforcement responsibility for the Ridgeline Easement. Supervisor Simitian and Board colleague Otto Lee championed the original proposal brought before the Board in June 2021.
January 25, 2022: At Supervisor Simitian’s request, the Board directs staff to report on all noticed violations of permits, laws, statutes, regulations, ordinances, consent decrees or other court actions involving Lehigh Cement Plant and Quarry for the past 10 years. The report back on June 7, 2022, determined there are 2,135 violations and millions of dollars in assessed fines and penalties over the 10-year period. The Board then referred the matter to the Planning Commission to hold a revocation hearing on the basis that Lehigh had violated the conditions of the cement plant use permit. Also requested the County Counsel report back related to the question of public health or safety nuisance or changed circumstances with the Lehigh Cement Plant and Quarry.
February 15, 2022: At Supervisor Simitian’s request, the Board directs staff to explore and report back on options for consideration related to the potential purchase of the site.
November 14, 2022: Lehigh announces closure of the cement plant and Supervisor Simitian issues a statement in response to the announcement.
December 12, 2022: In response to a Simitian referral, the County Planning Commission is directed to hold a hearing to assess whether the Lehigh cement plant has created a public health or safety nuisance. This action built on the June 7, 2022 direction to the Planning Commission to hold a modification or revocation hearing on the basis that Lehigh violated the conditions of the use permit.
April 18,2023: The Board unanimously approves Simitian’s motion to seek a negotiated, permanent, and legally binding commitment to permanently shut down the cement kiln operations, and return to the Board with an agreement with the City of Cupertino that includes a set of joint planning principles when considering future uses for the Lehigh site.
June 27, 2023: Santa Clara County and the City of Cupertino enter an agreement that clarifies how they’ll approach development proposals when considering future uses for the Lehigh site.
August 15, 2023: Supervisors approve agreement to close Lehigh Cement plant. The agreement between the County and Heidelberg Materials aligns with Simitian’s stated goals to: (1) Close the cement plant; (2) Stop mining in the quarry; and (3) Begin the restoration and reclamation of the property.
