Cemex hearing planned

Residents opposed to tire burning at Lyons cement plant

By Vanessa Miller, Camera Staff Writer

September 21, 2005

LYONS — Excessive dust, noise and potentially toxic chemicals could fill the Boulder County air if a 35-year-old cement plant is permitted to resume burning tires for fuel, some residents said Tuesday during a meeting with the county's Board of Commissioners.

Although commissioners said they are legally bound from stopping tire burning at the Cemex Inc. cement plant, they agreed to request a meeting during which health assessments would be presented, and legal proceedings surrounding the issue could be summarized.

"And it would be an opportunity for public comment," said Commissioner Will Toor.

That decision was received with much applause from the crowd of more than 60 people.

"We have a voice with you tonight, and we expect some action," said Richard Cargill, a 67-year-old opponent who has lived in Lyons since 1997. "Open your hearts. Do not let this company burn tires."

The date of the future hearing has not yet been planned.

A grassroots group from Lyons has been working to prevent tire burning at Cemex for years, but opposition leaders say they weren't sure how to most effectively make their appeal.

"Our main intention tonight is to make it very clear to the commissioners that there is a large citizen opposition to burning tires at Cemex," said John Martin, a 48-year-old opponent who has lived in Lyons for 13 years.

It was more than a decade ago that Cemex quit burning tires and started using coal instead because it was more cost-effective. But that is no longer the case, and the company has expressed interest in resuming tire burning.

In 2002, the Sierra Club filed a lawsuit to keep that from happening, asserting that it would be illegal for Cemex to burn tires under the county's zoning codes. Policies say that any special permit — like the one issued to Cemex for tire burning — becomes void if it is not used for five years.

The last time Cemex burned tires was in 1993, but the county's Board of Adjustment decided in 2003 that the permit had not expired because Cemex had maintained its tire-burning equipment. Boulder District Judge Roxanne Bailin upheld the board's decision in April but heard arguments Sept. 6 on whether maintenance of the equipment constituted "activity."

After hearing from parties on both sides of the issue, Bailin said she would rule in a month on whether the plant's permit is still valid.

Cemex plant manager John Lohr has said his company would burn up to a million tires a year, which constitutes about a quarter of the 4 million tires thrown out each year in Colorado. Tire burning could save his company about $500,000 annually in fuel costs, Lohr has said.

In addition to saving company money, Cemex officials have asserted that tire burning is a productive use of waste that would normally end up in a landfill. But residents at Tuesday's meeting advocated for a Denver-based company, JaiTire Industries, that has been recycling used tires for playground surfaces for more than 20 years.

"Personally, I think it's better not to burn anything you don't have to," said Erin Ramsay, operations manager JaiTire Industries.

Boulder County's Public Health Department required two health consultations to assess the impact of tire burning at Cemex. Both indicated that adverse health effects are unlikely. State law permits tires to comprise up to 19 percent of Cemex's fuel mix, and Cemex has tested below the allowed emission levels for certain chemicals. Still, opponents are skeptical of the plant's ability to maintain those standards.

Tim Oakes, 41, of Lyons, said Tuesday that the group opposing Cemex's proposed tire burning is not a collection of uninformed people. He said opponents have done their research and have valid complaints.

"This is more than a room of concerned people. It is a room of very well-educated people. They have been working on this for years and years," Oakes said. "The public has a lot of good ideas."