Community members are pushing to stop a metal shredding facility from receiving a new permit.

At issue is the Sims Metal Management company in Pilsen, which was cited by state and federal officials for violating environmental laws. The company agreed to build new equipment to contain emissions from at the site.

But advocates say the company shouldn’t receive its permit until they put in the new equipment and show it’s working to contain emissions.

In 2021, Illinois Attorney General Kwame Raoul filed a lawsuit against Sims for failing to demonstrate a minimum threshold reduction in the uncontrolled emissions from the company’s metal shredding and recycling facility.

Raoul said in a statement when the lawsuit was filed that “Sims’ actions created a public health risk by exposing the community to uncontrolled emissions from its facility. We have seen the damage these actions can cause in environmental justice communities, and I am committed to holding Sims accountable for endangering public health and will work to ensure they comply with emissions reductions requirements.”

The suit also alleged that the results from a May 2021 emissions capture test revealed the shredder was achieving less than 50% estimated capture efficiency, which was below mandated emissions control requirements of at least 81%.

Sims’ order to develop and install new monitoring equipment has yet to happen, according to advocates.

In a statement, a representative of Sims Metal said the company welcomes “ongoing engagement with the community and we look forward to continuing to provide this essential recycling service in Pilsen in a safe and sustainable manner in line with the EPA’s 2024 finding that Sims Metal does ‘not cause either short- or long-term health effects for the community near the facility.”

“This is a serial polluter,” said Theresa McNamara, chairwoman of the Southwest Environmental Alliance.”They should not receive a permit from (Chicago Department of Public Health) until they put up that emissions control, that’s what we've been asking for.”

The organization has several concerns including the company’s location. Within the area there are three schools — Benito Juarez Community Academy, Cristo Rey Jesuit High School and Whittier Dual Language Magnet School. McNamara also says the Illinois Environmental Protection Agency classified the neighborhood as an environmental justice area.

Community advocates say they still don’t see efforts from Sims to comply with the requirements and they’re urging the city to deny renewal to their operating permit.

“We’re asking Mayor Johnson to do the same thing Mayor Lightfoot did. CDPH needs to pause the process,” said Brian McKeon, a member of Lucha Por La Villita, which is part of the Southwest Environmental Alliance.

Former Mayor Lori Lightfoot stopped a similar facility, General Iron, from opening on the Southeast Side of the city in 2022. During her last week in office she signed a binding agreement with the U.S. Department of Housing and Urban Development to change the city’s planning and land use policy.

Johnson proposed a series of reforms aimed at changing the city’s practices.

The Southwest Environmental Alliance is also asking for a risk assessment calculating the risk to people in the area for both children and adults.

“We're asking that CDPH, which it's required to do under their own 2014 rules for large recycling facilities, they're required to consider the history of the facility and the operators in making the decision,” said McKeon.

McKeon says the company has a number of infractures that should prevent them from obtaining a new permit. He and fellow advocates have raised these concerns to city officials during community meetings hosted by the Chicago Public Health Department (CDPH).

Members of the public have been notified to formally discuss contents of the applications, ask questions and review the draft permit through several public comment periods and two in-person community meetings.

The current public comment period closes on Nov. 7, 2024. Afterwards, the CDPH will review and summarize the public comments submitted since Sims’ permit application was submitted in November 2021.

“U.S. EPA has found that if monitoring data collected over the last year represent typical levels, emissions from Sims would not cause either short- or long-term health effects for the community near the facility,” said Grace Adams, spokesperson for the CDPH in a partial statement. “The U.S. EPA will continue requiring air monitoring until the new controls are installed and the controls are confirmed to be operating correctly. The City will require continued monitoring.”

Members of the Southwest Environmental Alliance say communication with the mayor’s office and the CDPH has been scarce and not very forthcoming. They continue to reach out in hopes that the city will require more transparency from Sims.

“We want that piece of equipment up, and we want it to be proven that it works as intended,” said McNamara. “And then and only after, will it be okay for them to get a permit.”