Spencer Fane LLP Logo

Stormwater Violations at Concrete Ready-Mix Plants, Enforcement Nets More than $4 Million

EPA Region 2 and the U.S. Justice Department have resolved a stormwater enforcement case against CEMEX, associated with stormwater violations at 18 ready-mix concrete plants. The settlement will result in a civil penalty of $360,000, compliance upgrades of approximately $1.8 million, and a supplemental environmental project (SEP) involving the conservation of more than 400 acres of land valued at approximately $2.36 million.

“Stormwater and water that runs off of trucks being washed at ready-mix concrete plants has a very high pH and contains oils, greases, and high levels of total suspended solids,” according to EPA’s press release. The press release goes on to state “The violations included CEMEX’s failure to implement best management practices at its facilities to properly operate and maintain storm water control measures, conduct required inspections and keep up to date stormwater pollution prevention plans as required by the general permit for stormwater discharges from industrial facilities.”

The settlement was posted in the Federal Register on May 19, 2014. According to the notice, “The injunctive relief includes conducting hydrology and hydraulic studies, implementing stormwater compliance plans that incorporate the results of facility-specific engineering analysis reports, establishing new sampling points, improving best management practices, and providing enhanced training and new environmental compliance personnel at the active facilities.”

DOJ’s website has a copy of the Complaint and the Consent Decree.