A metropolis well being chief testified Wednesday that denying a Southeast Metallic Crusher allow was determined resulting from a number of elements, together with residents’ considerations about cumulative air air pollution and the excessive charges of power illness within the surrounding neighborhood.
Megan Cunningham, deputy commissioner for managing the town’s public well being division, mentioned a complete evaluation of the well being and environmental elements of three neighborhoods, East Aspect, Hegewisch and South Deering, satisfied Chicago officers to reject an software to open a automotive and scrap crushing facility on 116th Avenue East alongside the Calumet River.
“Our purpose is to guard and promote public well being,” Cunningham mentioned throughout a metropolis administrative listening to on the rejected allow. “Neighborhood situations are themselves the results of insurance policies.”
Cunningham added that metropolis officers have been involved concerning the “inherent threat” posed by giant scrap steel operations, together with potential explosions.
“A allow is just as robust as an organization’s willingness to adjust to it,” Cunningham mentioned, defending the allow denial final February.
Reserve Administration Group, the enterprise that owns the crushing operation, needs an administrative regulation decide to find out whether or not the town exceeded its authority in denying the allow for the relocated and adjusted Normal Iron operation that was rebuilt within the southeast facet after transferring from his longtime dwelling. in Lincoln Park.
Normal Iron was acquired by an affiliate of Reserve Administration in 2019 after signing an settlement with the town that set a schedule to shut the Lincoln Park facility and transfer it to Southeast. At the same time as neighborhood members protested the transfer, holding demonstrations and even a starvation strike, Reserve Administration constructed a brand new crushing operation—at an estimated price of $80 million—assured that it could get the approval of the town
On cross-examination, Reserve Administration lawyer Jeffrey Rossman requested Cunningham a collection of questions associated to the US Environmental Safety Company involvement within the shredder permission, a relationship civil rights investigation by federal housing officers and Mayor Lori Lightfoot’s potential affect within the matter.
The denial of permission was made by Dr. Allison Arwady, Dr. Lightfoot, who heads the Chicago Division of Public Well being.
Nevertheless it was Lightfoot who put a pause within the course of in Could 2021 after EPA Administrator Michael Regan, appointed by President Joe Biden, beneficial {that a} well being influence evaluation be carried out to find out if a neighborhood already overwhelmed by the atmosphere suffers due to added air pollution.
Reserve Administration advocates argued that the well being influence evaluation shouldn’t be a part of the method.
Cunningham mentioned such well being assessments are routinely carried out throughout the nation and permit his division to take a extra complete method to allow selections.
A number of the elements that influenced the town’s selections embrace the excessive ranges of particulate air pollution frequent within the Southeast, lack of entry to well being care and excessive charges of power coronary heart illness and different sicknesses, he mentioned.
Rossman in contrast the zoning board’s approval for the 2019 crushing website to these of the well being division’s evaluation.
He famous superior air pollution controls that have been put in place for the rebuilt Normal Iron.
Rossman additionally requested why a rival steel crusher, Sims Metallic Administration, was capable of proceed working in Pilsen with out ample air pollution controls.
Sims, which has run afoul of federal environmental legal guidelines, is constructing new air pollution controls and should get hold of a metropolis working allow.
It’s not clear that the decide deciding the allow matter will likely be satisfied.
Administrative Legislation Choose Mitchell Ex repeatedly requested Reserve Administration legal professionals to not stray too removed from the defining query: Did Arwady correctly observe the foundations when he denied the working allow final February?
Attorneys for Reserve Administration have requested a subpoena for Arwady to testify at an upcoming listening to, a request Ex mentioned he would contemplate. Final 12 months, Ex refused the identical request from legal professionals to take a deposition from the general public well being commissioner.
Brett Chase’s report on the atmosphere and public well being is made potential by a grant from the Chicago Neighborhood Belief.
