Senator Dave Min, in a written letter responding to the Irvine City Council’s request for legislative action against the All American Asphalt facility, emphasized his concern for residents and their fears over toxic fumes. However, Min reiterated that taking legislative action would be “impossible,” adding that any action on the facility would be the responsibility of the Irvine City Council.

“The City of Irvine already possesses broad and sweeping authority to act immediately and decisively in addressing the problems created by the AAA plant, and does not need new legislation,” Min’s letter read.

Residents near Orchard Hill in Irvine have long complained of foul odors that enter their homes in the late night to early morning hours. Additionally, residents say that nothing has changed — despite thousands of odor complaints with the South Coast Air Quality Management District.

Some argue that even once a complaint is filed, it takes six alternate reports of odor — from different households, on the same date — for AQMD to issue a notice of violation.

In terms of legal action, Min detailed different legal options, including declaring the All American Asphalt company a public nuisance, referencing the city of Carson’s recent unanimous public nuisance declaration against noxious odors emitting from the Dominguez Channel on Oct. 11.

“A similar finding by the Irvine City Council, with direction to its City Attorney to bring a legal action for public nuisance against the AAA plant, could bring much-needed relief to the affected Irvine residents, not in 2023 or beyond, but immediately,” Min wrote.

In the letter, dated Nov. 30, the senator also pointed to the ripple effects of taking on legislative action for one facility, resulting in changes to industry statewide.

“Any action from the state Legislature would be incredibly broad and impact all of the nearly 40 million Californians (and businesses) under our jurisdiction, whereas the City of Irvine can take a targeted and tailored approach that only impacts one local business,” he wrote.

In other actions involving the All American Asphalt plant in Irvine, last month the city required the disclosure of the plant to potential homebuyers after some homeowners complained that the presence of the facility was not disclosed prior to purchase. The city has added new regulations to the city’s vehicle code that restricts asphalt trucks from traveling down residential streets in Irvine.

It is unclear if Irvine will seek to declare the All American Asphalt facility a public nuisance. In a text message on Friday, Dec. 3, Irvine Mayor Farrah said she did not have any comment regarding the All American Asphalt or Min’s letter.

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