The BoDean Asphalt plant is located in downtown Santa Rosa, CA at the corner of West College Ave and Cleveland Avenue.
The asphalt plant was grandfathered in as a heavy industrial, ‘non-conforming’ use in the early 1960s.
The site is immediately surrounded by residences (85 ft away) and light industrial warehouses /businesses.
The City’s Master Plan and Station Area Plan zone this area for mixed residential/transit/limited light industrial uses.
Asphalt plants are sources of air pollution considered dangerous to human health, including probable carcinogens.
This plant is a heavy industrial activity that is noisy, dusty and smelly, runs at night, and requires a steady stream of heavy truck traffic to bring in raw materials and distribute the finished product.
BoDean’s Proposed Silo Expansion Project
In 2011, BoDean proposed a project to add three 82-foot storage towers to the City of Santa Rosa. This project would quadruple their storage capacity. The plant currently has one 78-ft silo.
BoDean’s application did not include any upgrades to their existing outdated emissions controls that will remain on their batch plant and existing silo.
BoDean has offered to the BAAQMD to limit their annual asphalt production to 759,000 tons/year. They have never come close to producing that amount. Their 2011 production was 1/3 of their proposed limit, and their 10-year average is 1/5 of their proposed limit.
The City Council approved this project without an EIR in June 2012, and CFSN appealed it to the courts in July 2012.
CA Department of Public Health Evaluation of BoDean’s Application:
The increased storage capacity will allow satisfying peak-time customer demand and storage of different products, resulting in a likely increase of volume throughput and total asphalt sales, compared to the current operation.
According to the BAAQMD calculations, the emissions of three toxic pollutants exceeded the “trigger levels” and therefore required a “Health Risk Screening Analysis”. This HRSA showed that these emissions will result in an additional cancer risk of 0.14 in a million (0.14E-06), a chronic hazard index of 0.00019 and an acute hazard index of 0.0025. The BAAQMD concludes that “these are acceptable risks”.
CDPH does not agree that the risks associated with the toxic air pollutants can be called “acceptable” without further valuation of the actual air concentrations in the vicinity of the plant (see recommendations below).
Citizens have a right to know how this ‘non-conforming’ activity is impacting our health and our environment.
The City is authorized to require an EIR under the California Environmental Quality Act (CEQA). Without an EIR specific to this project at this specific location, we can only assume that the impacts will be negative, as has been documented by other studies of the asphalt industry.
Requiring an EIR would go a long way toward understanding the impact of this activity on our neighborhoods and our evolving 21st century city. We are asking the courts to require an EIR before BoDean is allowed to install the new silos/equipment at their plant.
Request for Permit Restrictions
Permit applications from the past reported operating hours of 6am-6pm. The city elected not to include those in their final permit, and we are asking that those be enforced.
City code does not allow for increased intensity of use at ‘non-conforming’ sites. The plant’s production has significantly increased since 1963, when they first became non-conforming. We want production to be limited to when the plant became non-conforming.
Historic increases in intensity that occurred after non-conforming status
Asphalt crushing with added equipment
Recycled asphalt stockpiles
Temporary rubberized asphalt production by sub at site
Existing silo added in 1987, even though non-conforming
Almost twice as much asphalt production in last 2 years compared to prior 7 years and other years
Increased truck traffic, noise, air pollution, etc. from the increased production — > need limit NOW
Groundwater and air pollution
The runoff from piles of asphalt should be studied
The impact from settled particulates should be quantified