Class Action Lawsuit Against Superior Ready Mix
|
October 3, 2023
UPDATE: Class Action Lawsuit against Superior Ready Mix* Attorneys for the plaintiffs have mailed settlement checks to qualifying class members. We are pleased to see some compensation for class members for the dust and the horrendous odors many experienced. Even if you did not send in a form to request compensation, if you live within a mile of Superior Ready Mix, you are most likely part of the class. As a class member, you have the right to speak with the lawyers for the class and the right to see that the "Improvement Measures" (the list of improvements that Superior Ready Mix has agreed to undertake) are carried out. Please remember that conditions have improved because community members were willing to speak up and report problems. Everyone, class members included, can still speak up about problems. They can still file a complaint or a concern with the Air pollution Control District (APCD). They can still report problems to the City. Moreover, it is very important that they do continue to report any problems that arise, just as they did before. Authorities cannot investigate problems they do not know about. We have made progress. We don't want to backslide! A lot has happened since 2018 when residents started raising their voices. TO EVERYONE WHO HELPED MAKE MISSION GORGE A BETTER PLACE TO LIVE BY SPEAKING UP, THANK YOU! Each call, each complaint, each outreach made a difference. Let's remember that as we move forward! July 2020 A class action lawsuit was filed against Superior Ready Mix. The lawsuit alleged that the facility, located at 7500 Mission Gorge Rd. in San Diego, emitted noxious odors and dust that interfered with neighboring residents' ability to use or enjoy their property and caused damage to property values. The lawsuit sought to compensate residents for the loss of their ability to fully use and enjoy their homes and also sought to force Superior Ready Mix to take remedial action to improve conditions. The Lawsuit was settled out of court. The lawsuit was settled out of court with Superior Ready Mix acknowledging no wrongdoing on its part. There will be monetary and other benefits for class members. What benefits were gained form the lawsuit? There will be monetary compensation for qualifying members of the class who sent in the appropriate forms on a timely basis. There is also a list of improvements that Superior Ready Mix has agreed to undertake. Superior has up to three years to implement all of the measures, unless otherwise indicated. Who in the community is affected by the lawsuit? You are considered a member of the class if you rent or own a residence within one mile of Superior Ready Mix. Are there any restrictions placed on members of the class? Members of the class may not file a lawsuit with the courts for three years against Superior Ready Mix about dust and odor. However, it is OK to report problems and file complaints with the City or the Air Pollution Control District (APCD) if you are bothered by dust and odors. In fact, it is important to continue to file complaints if you experience odors or dust from Superior Ready Mix. Your complaints are the only way the City and the APCD have of knowing that there is a problem. Your freedom of speech has not been affected in any way by the lawsuit. What are the Improvement Measures that Superior Ready Mix has agreed to? a. Agreement to pave additional areas at the Facility. 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. This needs to be done through the City's review of the CUP with 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. |