A South Coast Air Quality Management District hearing board Thursday approved a modified abatement order requiring Lineage Logistics to implement additional odor-control measures during the ongoing cleanup of its burned-out cold-storage warehouse in Boyle Heights.
The unanimous decision came after the board heard nearly seven hours of testimony from affected residents Wednesday and concluded a second day of hearings Thursday following about five hours of presentations from South Coast AQMD staff and representatives of Lineage Logistics.
Hearing board members approved the modified abatement order, with minor technical changes and additional conditions, during a meeting at the district’s Diamond Bar headquarters. The action came seven weeks after a fire broke out June 17 at the warehouse, 1400 S. Los Palos St.
South Coast AQMD received 4,200 odor complaints, and issued 25 notices of violations to Lineage through Wednesday.
The 22-page order outlines a total of 90 conditions.
It stipulates that Lineage will continue working to remove 10%, or a minimum of 8.8 million pounds, of food waste per week. The company has stated it has removed approximately 80% of the food waste from the warehouse, with a goal of completing bulk food waste removal from the site next week — ahead of a 45-day deadline set by elected officials. Cleanup began July 7.
The company was ordered to limit exposed waste on loading docks to no more than 30 minutes, use odor neutralizers immediately on exposed materials, and maintain negative air pressure and filtration systems.
An amended condition requires Lineage to complete a disinfecting process within seven days of completion of food removal. AQMD also added conditions requiring fence line monitoring of different contaminants, such as volatile organic compounds (VOCs), ammonia, particulate matter 2.5 micrometers or smaller, toxic air contaminants, odorous compounds and formaldehyde, among other compounds that could pose a threat to residents.
AQMD also required the company to increase public outreach and notification requiring language access in English and Spanish.
“Respondent (Lineage) is on a strict time clock to completely remove the odor-causing food waste and to disinfect and power wash freezer one, but respondent is also required to maintain various odor mitigation measures, including maintaining negative pressure in the freezer one enclosure, which must be kept until removal and cleanup is complete,” said Grace LeBlanc, deputy district counsel for AQMD.
“This order will ensure that there are enforceable conditions on respondent as it completes this cleanup project, which will minimize odor impacts on the community and expedite removal of food waste, which is the source of these odors,” LeBlanc added.
Kevin Poloncarz, an attorney of Covington & Burling LLP, was hired by Lineage Logistics to represent the company in the hearing. He emphasized the company has taken the matter very seriously since the fire first erupted.
“Lineage didn’t want the fire to happen, and they certainly didn’t want the aftermath for this community,” Poloncarz said. “But they have stepped up to the place each time to try to meet the community’s needs.”
The conditions detailed within the order were informed by residents, elected officials, South Coast AQMD and Lineage.
“We believe that these conditions strike the right balance of eliminating the cause of the odors, the food waste, as quickly as possible while implementing appropriate mitigation measures to get to the ultimate conclusion of elimination of odors in the community,” Poloncarz said.
On Wednesday, the first day of the hearing, Los Angeles Mayor Karen Bass urged the board to approve the abatement order, insisting that measures taken by Lineage Logistics have not gone far enough.
“Let’s be clear. What the residents of Boyle Heights are facing is not just a nuisance, it is a public health crisis that requires urgent and actionable measures,” Bass told the board via teleconference.
Bass called on Lineage Logistics to bolster its communication with residents by providing written materials and holding weekly briefings in Spanish and English, and for the company to install permanent odor monitoring stations and establish a dedicated fund for the community. Last, she said she hoped the company would provide relocation assistance for residents until the issue is fully resolved.
City Councilmember Ysabel Jurado gave remarks in person, also telling the board to approve the abatement order.
“Residents should not have to file complaint after complaint to force a multibillion-dollar corporation to contain the harm that it created,” Jurado said. “Lineage says conditions will improve as the cleanup progresses. But a promise that it will get better is not an abatement plan, and this community has already waited too long for relief.”
The eight-day fire sent thick smoke into the air and prompted officials to warn nearby residents to remain indoors. The city, county and state issued local emergency declarations in the days that followed. It took more than a week to fully douse the fire.
Lineage Logistics said in a statement Tuesday it “has consistently and transparently reported on its progress through the Boyle Heights Unified Recovery Command” and has “prioritized transparency and open communication with the public, providing frequent, bilingual updates via dedicated website and social media channels as well as direct channels like email, a bilingual phone line, and online request form for community members to ask questions and share concerns.”
The company added it expects to spend between $80 million and $100 million on cleanup efforts.
Work was continuing around the clock to accelerate the cleanup, reduce odors, protect public health and provide direct assistance to impacted residents, according to the company.
On Wednesday, resident after resident criticized Lineage Logistics for disrupting their lives. Many speakers shared the same concerns about how the warehouse fire and smoke, and ongoing impacts from rotting food, have harmed their health.
Parents raised concerns over their children and elderly relatives. Residents expressed their frustration over what they say is a lack of support and accountability. Several speakers also alleged Lineage Logistics has not been forthcoming about what exactly burned in the warehouse with residents fearing that chemicals were among materials that fueled the flames and spread through the air.
Residents explained that support offered by the company was little to no use amid heavy smoke and ash during the fire emergency, and strong putrid odors of rotting food that were only strengthened by rising temperatures.
Los Angeles County Department of Public Health investigators reviewed the warehouse on July 15. The official inspection report identified violations that remained outstanding after re-inspection. Inspectors found an accumulation of decaying organic waste, wastewater and food residue in two different freezers, as well as live and dead flies in various locations of the warehouse.
They also found 20 or more fly larvae on the exterior plastic sheeting along the northern perimeter wall, on the nearby sidewalk and on the street along Union Pacific Avenue.
The county has ordered Lineage Logistics to do the following:
— Remove and properly dispose of all fire-damaged food, putrescible waste, and other decomposing organic materials from the property in accordance with all applicable laws and regulations;
— Eliminate all actual and potential fly breeding sources, including accumulations of organic debris, contaminated liquids, and any other materials capable of supporting fly development;
— Thoroughly clean and sanitize all affected areas to remove residues that may attract or support flies and other vectors;
— Implement effective vector control measures, including treatment of active breeding areas by a licensed pest control operator; and
— Take all necessary measures to prevent flies originating from the property from migrating to neighboring properties or creating an ongoing public health nuisance.
Public health officials said they were monitoring corrective actions and conducting regular inspections to verify compliance. The department also issued a directive to Lineage on June 29 that requires mitigation efforts in the impacted communities related to the facility fire and subsequent decaying food waste.
The department announced last week it would increase fines from $500 for each citation to up to $2,000 per day for ongoing public health violations at the site.