Al-Hadithy will undertake the following:
a. Increase certain time periods for public review (done). See website, Timelines/Deadlines, for specifics. Request the Air District to increase the new Odor Control Plan review process by one week to 3 weeks. Increase the remaining two public reviews to 15 days.
Al-Hadithy has made the requests to Air District for 15 days review on health study and 21 days for Odor Control Plan. Input from Air District is positive on the sampling and health studies. However, attorneys for Air District require Pacific Steel Casting (PSC) to formally agree in writing, to the additional work beyond the Toxic Hot Spots Act and also to agree on offering the Odor Control Plan to be open to the public for review and comment. Mayor Bates has made this request to PSC. PSC has agreed in principle and requests that the Odor Control Plan be reviewed by Air District and in an acceptable format before being released. PSC will issue its written approval.
b. Confirm resources will be available for independent City reviews. City to hire outside experts; re-confirm that PSC will fund outside toxicologist for review of odor study. Involve community as much as possible assessments. Develop proposal along with community representatives regarding odor source study.
Cannot confirm. We originally got concurrence from PSC that they would pay for city independent review. However, that was verbal. Dion Aroner suggested that agreements should not be verbal.
c. Explore possibility of State Health Department study of the immediate neighborhood; Linda Maio will involve Assemblymember Hancock's office if necessary.
Office of Environmental Health Hazard Assessment of the Cal DHS will be contacted by AQMD for review of health impacts.
d. Acquire PSC permits and other relevant documents still outstanding.
All AQMD permits are sent. Not much was found in PSC files. Planning/Zoning staff had written a staff report to Zoning Adjustment Board, suggesting that three confirmed violations (later changed to seven violations) would lead to reopening Use Permit Conditions. In the final analysis, staff and ZAB agreed with PSC that the Air District controls (carbon filters, etc) would suffice and the additional UP controls were dispensed with. Hours of operation were considered to be not a significant change in PSC practice.
Air District Permits are available to the general public. Brad Smith has made direct request for copies.
Councilmember Maio will undertake the following:
a. Place on the City website the process and information on making an odor complaint to the Air District in as simplified a form as possible. Approach the Air District on creating a more user-friendly process.
The process for making odor complaints has been placed on our website:
The description is also linked to the description of the process described by the Air District:
The Air District has a dedicated inspector for Berkeley complaints. Her name is Terry
b. Place on the City website the Asthma-Hospitalization study that shows a greater incidence of asthma hospitalizations in communities adjacent to the freeway, which also happen to be industrial areas. (Note: The researchers who conducted this study made the point that that there were several factors which could be associated with the high hospitalization rates, one of course was environmental. The others were socio-economic, particularly access to primary health care, etc.)
Two Asthma Hospitalization reports have been placed on our website. Age-Adjusted Asthma Hospitalization Data: 1994-96:
and The Oakland/Berkeley Asthma Hospitalization Report with data through 2001:
c. Place the Berkeley Asphalt’s District permit conditions of operation on the City website.
A request for copy of the permit conditions for Berkeley Asphalt & Ready Mix has been made by Brad Smith and will be posted on my website when it is received. Such requests can also be made directly by the public at the Air District’s website:
d. Look into the City creating an odor ordinance of its own.
There are a number of municipal odor ordinances on the books. A possible model for a Berkeley Odor Ordinance is the one from Avon, Colorado:
We will review potential ordinances to see what they can offer and consult with the City Attorney regarding the extent of the authority we can exert regarding odors.
e. Bring an advisory group together to develop a proposal for community involvement in the odor study that the City can propose to the District and PSC.
A meeting with technical advisors and representatives of the community (the Alliance) was held on September 12. We had wanted to gather before Councilmember Maio had to leave town on August 25, but there were several calendar conflicts.
f. Convene meetings and gather information, interface with Air District, as needed.
g. Enlist Mayor Bates, Councilmember Maio, and Assemblymember Hancock to facilitate with both the District and PSC.
Mayor Bates has acquired independent scientists to assist Al-Hadithy upon his request and based on his needs. Additionally, the Mayor recently acquired the formal agreement from PSC, which will enable the Air District to officially add the Odor Control Plan, and study we have been pressing for.