EPA v. Holcim (US) Inc. f/k/a LaFarge Building Materials, Inc.

Case summary

On August 30, 2021, the U.S. District Court for the Northern District of New York entered the CD resolving EPA's CWA Sections 301 and 402 claims against the Defendant, relating to its Ravena, NY cement facility. NYS is a co-plaintiff in the case and a party to the CD. The CD requires the Defendant to fully comply with the terms and conditions of the SPDES permit, and an array of corrective actions to bring the plant systems into compliance with the applicable laws and regulations, and to prevent future violations of the SPDES permit. Those actions include: 1) submit and begin implementing an updated BMP Plan that includes industry-specific special conditions; 2) submit and begin implementing an O&M Plan that complies with disposal system operation and quality control requirements; 3) have an independent third-party contractor evaluate its compliance with the permit, its BMP Plan, and its O&M Plan; 4) submit a description of, and engineering design plans for, all structural landfill upgrades completed since 2012; 5) install alarms at all existing and any new wastewater or leachate treatment system pump stations; 6) undertake a Comprehensive Landfill Assessment of all cement kiln dust disposal areas to evaluate their integrity and effectiveness; and 7) prepare and submit a revised solid waste management facility permit renewal application to NYSDEC. In addition to the above requirements, the Defendant will submit quarterly reports that include a description of the work the facility has completed toward compliance, a description of the work toward compliance planned for the next quarter, and a description of any requirements in the CD which were not met. The Defendant must pay an $850,000 civil penalty to be split NYS equally by October 29, 2021. A portion of the NYS?s penalty, or $212,000, will be used to fund a NYS Environmental Benefit Project to improve stormwater management at Coeymans Landing Park in the Town of Coeymans, NY.

Defendants (2)

• Holcim (US) Inc.Named in complaintNamed in settlement
• LaFarge Building Materials, Inc.

Facilities (1)

• RAVENA CEMENT PLANT

  1916 US ROUTE 9W, RAVENA, NY, 12143

  Registry ID: 110056973182

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Holcim (US) Inc.entered 2021-08-30

  Primary law: CWA

  Federal penalty: $425,000 · State/local: $425,000

Timeline (7 milestones)

• 2017-06-27Referred To Dept Of Justice
• 2017-06-30Enforcement Action Data Entered
• 2021-04-28Complaint Filed With Court
• 2021-04-28Final Order Lodged
• 2021-08-30Final Order Entered
• 2025-11-05NPDES Closed
• 2025-11-05Enforcement Action Closed