State Sen. Menjivar Introduces Legislation to Hold Aggregate Facilities Accountable 

For years, residents of Sun Valley have been voicing concerns about the noise pollution, odor and thick dust caused by aggregate facilities that process building materials. The streets are visibly caked in dust, causing coughing, irritation and other respiratory issues.

Sun Valley is among the communities that have endured risks to their health because of local mixed-use zoning codes and the lack of oversight that has permitted industrial sites with these aggregate facilities to operate near schools, homes and parks. 

“With each complaint having gone unresolved, residents have given up on hoping the government addresses their concerns,” said State Sen. Caroline Menjivar. “That ends today, as I fulfill a promise made to my residents that we will no longer accept the status quo of constant environmental injustices in communities of color.” 

Menjivar is addressing the pressing health and safety concerns of these communities with the introduction of her first author-driven bill, Senate Bill (SB) 526, which would update the long-outdated regulations for aggregate facilities. 

When these facilities crush and process gravel, concrete, asphalt and other materials, it can lead to the release of particulate matter (PM10). According to the California Air Resources Board, this dust can be inhaled into the lungs and worsen respiratory diseases, including asthma and chronic obstructive pulmonary disease (COPD).

The large amounts of aggregate construction materials are typically stored in outdoor stockpiles, which Menjivar calls “high-rises” because “they are taller than any building in the area and can be seen from miles away.”

When facilities are located in residential communities, PM10 emissions can escape into nearby neighborhoods, impacting public health and dirtying streets.

Mariam Moore, CEO of The Climate Corps Initiative, said that the “intrusion of industrial facilities” in Sun Valley has exacerbated the neighborhood’s public health crisis.  

“The community is a patchwork of homes and schools adjacent to asphalt/concrete aggregate factories, a gravel quarry and many other polluting industries,” said Moore. “It is time for a change.”

Many of Sun Valley’s census tracts have CalEnviroScreen scores above the 90th percentile, which designates it as an SB 535 “disadvantaged community.”  

There are 11 aggregate and aggregate-related facilities concentrated within three miles of each other in Sun Valley. The largest aggregate recycling center in the San Fernando Valley, AMH Recycling, is located across the street from homes and Sun Valley Park, and less than a half mile from two elementary schools. 

Ian Bertrando, a University of California, Los Angeles (UCLA) law student and member of the California Environmental Legislation Clinic, described a grim scene when doing research in the area. 

“Residents’ cars were covered in a dust so thick you could literally taste it, and yet neighborhood kids were playing soccer in a park across the street from the facility,” said Bertrando. “Families shouldn’t have to choose between letting their kids play outside and keeping them healthy.”

A neighbor who lives across from the facility said the streets are always full of dust, adding that she stays inside with the windows shut because of how badly it impacts her allergies. 

“[Aggregate facilities] are not being regulated adequately, and it’s because the rules that regulate them have not been updated for 18 years,” said Menjivar. 

South Coast Air Quality Management District (SCAQMD) is the managing oversight body for aggregate facilities. Rule 1157, “PM10 Emissions from Aggregate and Related Operations,” was designed to reduce PM10 emissions, but was last updated in 2006, leaving SCAQMD with little enforcement power.  

“Back in the day, when I was a staffer, I made complaints about a certain facility, and each time [SCAQMD] would tell me, ‘no violation has been committed,’” said Menjivar. “I understand now, as a legislator, I need to give them the tool. … That’s what this bill would do.”

SB 526 would modernize and expand the rules governing these facilities. 

Proposed requirements include; maintaining fencing around the entire property that is at least six inches higher than the tallest storage pile; an eight-foot height restriction on storage piles in facilities near sensitive receptors; and implementing fence-line monitoring systems.  

Further, if PM10 emissions are found to exceed SCAQMD’s threshold limit, the facility must cease all operations and implement dust mitigation measures. If the facility is located near a sensitive receptor and has repeatedly exceeded PM10 emissions, it must fully enclose all existing open storage piles and undergo monthly SCAQMD inspections until compliant for three consecutive months.

Menjivar said her team is working to build a coalition of community members and environmental justice groups to support the bill, which has 30 days for the incorporation of any amendments before going forward. 

While the senator recognizes the need for these recycling facilities, she believes updating regulations through SB 526 will improve conditions for residents in the surrounding communities.

“I’m not trying to get rid of them,” said Menjivar. “but they need to be top-notch neighbors.”