POLLUTER OR PROTECTOR? MINING COMPANY HAS RECORD OF PENALTIES.

Byline: Heather MacDonald Staff Writer

SANTA CLARITA - City officials are again challenging claims by the company seeking to mine sand and gravel in Soledad Canyon that it has protected the environment near its other operations.

The city said reports filed with the Securities and Exchange Commission and state environmental agencies show $1.3 million in fines have been levied against Southdown Inc. - the parent company of Transit Mixed Concrete - in six states.

They say the reports reflect a disturbing pattern of sloppy environmental practices that contradict Houston-based Southdown's promises to be a good neighbor in Santa Clarita.

``It appears that there is a conflict between the image that they present to decision-making bodies like the City Council - that they are a good neighbor - and the truth, which our research indicates is quite different,'' said Rick Putnam, deputy city manager.

But officials with TMC in Azusa said city officials are unfairly exaggerating the company's problems. They say some environmental problems are unavoidable when mining and manufacturing cement in 12 states.

``There have been issues that have arisen, and we've addressed them and gotten them behind us, as per our company policy,'' said Brian Mastin, TMC's environmental affairs manager.

The city's claims come as the Los Angeles County Board of Supervisors is set to decide in January whether to allow TMC to mine 78 million tons of sand and gravel from the Soledad Canyon hillside.

The federal Bureau of Land Management, which owns the rights to the 460 acres, has already approved the project. TMC would pay $28 million to the federal government for the mineral rights.

The city and several other critics are appealing that decision.

Despite the city's criticism of Southdown, federal officials say the company is not considered a major polluter.

The largest fine levied against the company was $475,000, for violating the federal Clean Air Act in Pennsylvania, but federal officials said that is not considered a large penalty.

Southdown also was ordered to contribute $75,000 to a conservation program.

According to Mastin, the pollution occurred while the quarry in Wampum, Pa., was owned by Medusa Corp., which merged with Southdown in 1998. The facility now complies with all federal and state regulations, he said.

That is similar to the situation in New Jersey, where Southdown was fined $246,350 in November for violating the Clean Air Act. Those violations date back to 1980, when the Sparta facility was owned by Medusa Corp., Mastin said.

In fact, Southdown blames previous owners and other corporations for most of the pollution that the government is forcing the firm to clean up.

Southdown was purchased last month by Cemex, a Mexican cement company.

Still, the city said Southdown's claims on environmental issues fuel its concerns about the proposed local mine.

Southdown is facing a lawsuit in Ohio that claims it allowed metallic chemicals from a landfill to foul the state's last remaining trout stream.

The plaintiff, the Greene Environmental Coalition, based in Fairborn, Ohio, has been sharply critical of Southdown's environmental procedures.

``I would have serious concerns about this company's commitment to protecting the environment based on their Ohio record,'' said Robert Shostak, the plaintiff's lawyers.

However, Mastin said Southdown, which acquired the landfill in 1976 from another cement company, never used it and never dumped cement kiln dust there. It sold the landfill in 1997.

``We're not responsible for pollution that was caused by another company on property that we do not own,'' Mastin said.

However, Ohio officials said they have ordered Southdown to monitor the pollution and begin clean-up operations.

In Florida, Southdown shuttered one of its 50 ready-mix concrete operations earlier this year after tests found that discharge from the plant violated the Clean Water Act, Mastin said.

Southdown paid a $350,000 fine, and was ordered to contribute $200,000 to a conservation program.

In Alabama, Southdown sold a sand and gravel pit after discovering extensive pollution caused by the previous owners, Mastin said. No fines were levied against Southdown.

Closer to Santa Clarita, TMC is appealing an order from the Regional Water Quality Control Board to monitor the groundwater near its Azusa quarry. TMC is already monitoring water that is discharged from the plant into percolation ponds under the terms of the permit that was renewed in September.

The revisions would require them to monitor the water that is leeching from the landfill - where the mine waste is stored - into the ground, officials said.

``We don't feel we should have to duplicate their work,'' Mastin said. ``And that type of regulation is rarely applied to sand and gravel pits. It is just not necessary.''

For mine opponents, the fight over the water testing in Asuza is just another reason to be convinced that Soledad Canyon would be fouled by the mine.

``It is extremely important that the supervisors realize that they're dealing with a company with no environmental scruples whatsoever,'' said Andy Fried, the president of Safe Action for the Environment, which formed to fight the mine. ``It should be a wake-up call.''

THE FACTS

Fines levied against Transit Mixed Concrete as of Sept. 30:

--Pennslyvania: $475,000 civil penalty, $75,000 required contribution to conservation program.

--Florida: $350,000 civil penalty, $200,000 required contribution to conservation program.

--New Jersey: $246,350 civil penalty.

SOURCE: U.S. Securities and Exchange Commission

CAPTION(S):

box

Box: The Fines (see text)