Utah House passes HB355: Gift to gravel pit operators, threat to public health and quality of life
Groups call on Senate to vote NO
Reflecting the magnitude of public concern about gravel pits, according to the DAQ Director Bryce Bird, complaints about gravel pit pollution is the number one source of public comments to DAQ. Environmental and public health groups call on the Utah legislature to protect the public, not the profits of gravel pit operators. They call on the Senate to reject HB355.
In the 2024 session of the Utah legislature, HB 502 was passed that required the Division of Oil, Gas, and Mining (DOGM) to study the state’s future demand for critical infrastructure material, i.e. aggregate, in relationship to future supply. That study found there is no need for this bill.
Specifically:
1. There is no looming shortage of aggregate that will cause economic harm or delay of construction projects.
2. Land-use designation and permitting decisions should remain with local governments.
3. DOGM and Division of Air Quality (DAQ) regulatory authority is already too weak.
“…fugitive dust is always present in the air, settling on property, vehicles, outdoor furniture, patios, and windows. During even the mildest storm events, rain leaves a muddy film on windows and vehicles. Residents with asthma or other respiratory illnesses complain of complications related to air quality and are not able to be outside for extended periods of time” — DOGM report
“The legislature is ignoring their own study for which they spent $500,000 of tax payer money. For 15 years UPHE has been approached for help from communities throughout the state who are blanketed by constant gravel pit dust, which degrades their health and quality of life. No one lives in Utah because it offers the cheapest gravel. With HB355 the legislature is serving the interests of gravel pits operators, not the people of Utah,” said Dr. Brian Moench, president of UPHE.
“While we recognize gravel and other aggregate is crucial to building new infrastructure to meet Utah’s growing population, planning for our future should not come at the expense of a local government’s ability to protect the health and safety of their communities and environment,” said Lexi Tuddenham, Executive Director for HEAL Utah.
“What we learned from the study contracted last year by our elected officials is clear – decisions around aggregate sourcing should remain within the communities that see both benefits and impacts of expanded CIM operations. House Bill 355 ignores this finding by providing routes for CIM operators to bypass local authority, while shifting the burden of proof to the public. This sets the stage for out-of-state companies to ask for forgiveness rather than permission in cases that will impact our air quality, water resources, and ecological integrity,” Doug Tolman, Senior Policy Associate, Save Our Canyons.
The legislature’s own study included numerous comments from local officials on gravel pits.
“Citizens complain about fugitive dust that is always present in the air, settling on property, vehicles, outdoor furniture, patios, and windows. During even the mildest storm events, rain leaves a muddy film on windows and vehicles. Residents with asthma or other respiratory illnesses complain of complications related to air quality and are not able to be outside for extended periods of time. Additionally, homes in the area require more frequent changes to furnace air filters due to the increased dust particles in the air from the operations.”
“The City has documented the visibility issue on the frontage road, Highway 89 and Interstate 15. Video shows the dust clouds produced by a local quarry on a clear, non-windy summer day, in which the roads were completely obscured by dust, much like a fog. Vehicles traveling 50-100 feet ahead, as well as any oncoming vehicles, are not visible to drivers.”
“Movement of heavy equipment to the upper entrance of the local pit causes safety
issues due to the steepness of city roads…where several instances of trucks whose brakes have failed crash at the bottom of the hill near the roundabout… We had several near misses with the trucks driving through the new residential apartment area…”
“There are no regulations regarding the size of the charge, method of blasting, or maximum vibration allowed. The operators rely on ‘industry standards.’ Residents complain of cracked foundations, vibrations similar to earthquakes, pictures falling off walls, and items falling off shelves from the vibrations, all resulting in property owner/resident anxiety.