The "Improvement Measures" are improvements
that the Class Action Lawsuit requires Superior Ready Mix to make.
The "Improvement Measures" were intended to be made part of the Conditional Use Permit (CUP).
The Lawsuit was settled out of court in 2023.*
Besides monetary compensation to members of the class, Superior Ready Mix also agreed to undertake certain improvements to the facility. The implementation period for these improvements started with the final court orders (August 2023). Superior has up to three years to implement all of the measures, unless otherwise indicated. The Improvement Measures a. Agreement to pave additional areas at the Facility. (see map below) b. All paved areas within the plant be swept with a street sweeper daily. c. All unpaved roads within the plant and quarry be wet with a water truck every two hours during operation unless the road is already visibly wet (in which case adding water would just create mud). In addition, Superior would offer to apply a dust suppressant such as magnesium chloride to the unpaved areas once a year. d. Superior to wet all loads of aggregate before leaving the Facility to minimize dust; to begin immediately upon final approval of the settlement agreement. e. New wheel wash for Princess View exit within next year. f. There are only two baghouses on the site, the asphalt plant baghouse and the concrete plant baghouse. Superior would offer to replace the asphalt plant baghouse within one year, and the concrete plant baghouse within three years, with state of the art baghouses that meet SD County APCD standards. g. Agreement not to manufacture or utilize rubberized asphalt at the Facility. h. All transfer points at the end of conveyors within the plant would have a water spray, and each spray would be inspected weekly and the results of the inspection would be recorded. In addition, the active area (where loading into a truck is occurring) of each stockpile of material within the plant would be watered with a water truck at 2 hour intervals when trucks are being loaded from the stockpile. i. Superior will have a street sweeper sweep the north side of Mission Gorge Road from the quarry entrance to 7198 Mission Gorge Road three times a day when the plant is in operation, and will keep a written log of street sweeping. j. Superior to maintain the vegetative barrier to the property boundary. k. Superior would create a revised inspection and maintenance schedule for all equipment with the capacity for dust or odor creation, and keep a written log of inspections and maintenance. How will these improvement measures be enforced? The intention is for these measures to be made part of the Conditional Use Permit (CUP) that governs Superior Ready Mix. The settlement specified that Superior Ready Mix was to take all reasonable actions to include the improvement measures in the then-current review process as conditions of the CUP. This would require the approval of the Planning Commission and the City Council. * We are NOT lawyers and are not giving advice, but this is our understanding of the settlement. |