Proposed AAA Settlement Raises Questions
"Many details in the proposed settlement agreement are almost intentionally open-ended and quite challenging to resolve. Finding a willing and mutually-satisfactory alternate location for the asphalt plant could be a nearly ‘mission-impossible’ process. After an abundance of time, energy, and money is spent, the lack of specificity within the settlement agreement could result in no near-term or eventual relocation of the plant." - Councilmember Agran
Tomorrow, Tuesday, October 11, the City of Irvine City Council is expected to vote on entering into a proposed settlement agreement with the City of Irvine’s largest industrial polluter, All American Asphalt (AAA). Over the last eight months, the City of Irvine’s executive leadership has worked to negotiate a settlement agreement with representatives from AAA. According to a recent staff report, staff believes that the settlement agreement provides a roadmap for the eventual closure and relocation of the plant. In the interim of any eventual relocation or legal action, residents will be forced to endure noxious odors and potential detrimental impacts of the emitted volatile organic compounds and other toxic and carcinogenic compounds.
More than two years ago, residents of north Irvine grew understandably concerned when noxious odors and environmental contaminants prevented them from experiencing the highest quality of life the City of Irvine strives to provide. Residents pleaded with the previous and current iterations of the City Council for expeditious action and leadership in ensuring and protecting their public health. While the City of Irvine has conferred with the South Coast Air Quality Management District (SCAQMD), the regulatory agency responsible for improving air quality, and filed a public nuisance lawsuit against AAA, the City Council has failed to provide immediate and near-term relief to residents, despite Councilmember Agran advocating for many opportunities to do so on January 20, March 15, March 22, June 28, July 12, July 26, September 6, and today.
After receiving hundreds of odor complaints, SCAQMD has issued more than ten Notices of Violations to the AAA facility in Irvine, including citations for unpermitted discharge of air contaminants that resulted in a public nuisance; operational uses without the benefit of the required permits; specific operations at the facility that violated existing permits; and failure to perform required tests.
AAA’s repeated emissions of air contaminants and odors in violation of both the SCAQMD rules and regulations has created a public health crisis in north Irvine. While AAA has allegedly taken a few mitigation measures, SCAQMD also reports that it continues to receive numerous complaints about the facility. These recent complaints make it evident that AAA remains a source of concern for residents in north Irvine.
"This is a public health emergency. I've reviewed the proposed settlement agreement and have my reservations. I'll continue to advocate for the options that most quickly and effectively remove All American Asphalt from the City of Irvine. Nothing is off the table, including initiation of condemnation proceedings."