Marin Independent Journal

Friday, December 13th, 2002

See Also:

Campaign Home Page

Check out Photos From the 10/8/02 Protest!

Press Coverage: Rocky territory - Pressure mounts on San Rafael Rock Quarry, from the Pacific Sun, 10/16/02

Press Coverage: Greenaction and Residents Protest San Rafael Rock Quarry's pollution, from the Marin Independent Journal, 10/9/02

Read the Diesel Fact Sheet!

Silicosis FYI Silicosis is an occupational lung disease characterized by inflammation and scarring of the lung tissue. The formation of scar tissue inhibits the flow of oxygen into the lungs and into the bloodstream.

Scorecard.org rates Dutra Materials worst polluter in San Rafael

Point San Pedro Road Coalition

For more information, contact:

Bradley Angel Greenaction

(415) 248-5010

Trial likely in fight over quarry

By Richard Halstead

A preliminary ruling issued by a Marin Superior Court judge yesterday increases the likelihood that the legal battle between the San Rafael Rock Quarry and county and state governments will go to trial.

Judge Vernon Smith indicated yesterday that he believes neither the quarry nor the government entities has supplied sufficient evidence to merit a summary judgment in their favor. Judge Smith will listen to arguments during a hearing this morning before making his ruling final.

"I think the judge is saying for purposes of this motion that the evidence is subject to more than one inference," Chief Deputy County Counsel Jim Flageollet said.

"We are encouraged by the judge's discussion of the facts. We need to further analyze the tentative ruling," said Aimi Dutra, spokeswoman for the quarry owned by her father, Bill Dutra.

Greenaction, a San Francisco-based environmental organization which participated in a demonstration at the quarry entrance along with local residents in October, has been biding its time waiting for this week's ruling, said Greenaction executive director Bradley Angel.

"Greenaction and residents will be following through on our promise to escalate non-violent protests at the site," Angel said. "We fully intend in the very near future to step up the protests and the pressure on the rock quarry until they become a good neighbor."

In September 2001, the county of Marin sued the quarry alleging numerous zoning violations and the state Attorney General's Office simultaneously filed a public nuisance suit against the quarry.

The suits allege that the quarry is operating in excess of its legal entitlements and creating a public nuisance by generating harmful dust, excessive noise and traffic congestion.

Both suits seek court orders to force the quarry to either cease or dramatically scale back its operations. The county suit would also prohibit the use and occupancy of numerous buildings and offices that were constructed without required building and zoning permits.

According to the suits, the property where the quarry is located - on the tip of Point San Pedro peninsula adjacent to San Rafael's city limits - was rezoned for mixed residential in 1982. Surface mining and quarrying is not allowed in such districts. Since it was a pre-existing use, the quarry was allowed to continue to operate, but was barred from expanding or intensifying its operations.

In its suit, the county asserts that the owner of the mine in 1982 - Basalt Rock Company - proposed a maximum main quarry pit depth of 200 feet in its reclamation plan. At that time, the depth of the pit was 31 feet. When the suit was filed in September, the depth of the pit had already reached 253 feet, the suit asserts.

The state's suit alleges that the quarry is operated in such a manner "as to impose high levels of dust upon the surrounding community."

"The presence of particulate contamination in or about these residential properties is injurious to the health, safety and welfare of the surrounding community," the suit states.

The suit also says that blasting at the site has caused damage to surrounding properties and "unacceptable seismic and air shocks." It also asserts that the volume of truck traffic generated by the operation "imposes noise, diesel fume and additional dust impacts upon the surrounding community."

In his preliminary ruling, Judge Smith rejected the quarry's contention that it holds vested rights dating back to 1971, which would exclude it from any limits on the pit's expansion within the property boundaries.

"The intent was that you'd be able to mine the site to its completion, whatever that might happen to be," said attorney John Taylor, who is representing the quarry.

Judge Smith also rejected, however, the county and state's argument that the Basalt reclamation plan provides incontrovertible evidence of the quarry's proper limits. And he did not accept the state's assertion that a revised reclamation plan submitted in 1982 established the maximum duration of quarry operations at 12 to 15 years.

"We disagree," said Harrison Pollak, one of the Attorney General's deputy attorneys. "We think it is very clear if you look at those documents."

Pollak said he will try to change Judge Smith's mind during this morning's hearing. If Smith's ruling stands, the court will likely require the parties to enter mediation, Flageollet said. The quarry and the county sought a negotiated settlement for more than two years before the suits were filed, Flageollet said.

"At this point there have been no settlement discussions," Pollak said, "and there are no offers from either side on the table."

"It's pretty frustrating," said Jonathan Frieman, co-founder of the San Pedro Road Coalition, which had a class action suit against the mine rejected by Judge Smith in November. "The quarry is happy," Frieman said. "They'll just keep doing what they're doing."