EPA v. LEHIGH WHITE CEMENT COMPANY

Case summary

On November 16, 2020, the Regional Judicial Officer signed a Final Order ratifying a Consent Agreement between EPA Region 3 and Lehigh White Cement Company (LWC), simultaneously initiating and resolving the matter concerning alleged violations of LWC's industrial stormwater permit. LWC's industrial stormwater permit is designed to ensure that its York, PA cement manufacturing facility implements proper practices to minimize the amount of pollutants being carried from industrial sites by stormwater flows into Codorus Creek, a tributary of the Susquehanna River. However, the facility failed to implement proper stormwater management practices, which resulted in multiple permit violations, including the discharge of stormwater from unauthorized locations, failure to prevent stormwater pollution by covering dumpsters, fueling areas, and chemical drums, failure to implement routine maintenance and cleaning practices such as sweeping up limestone dust and sediment, and failure to clean accumulated sediment from the facility's storm drains. The company has agreed to pay a $30,000 penalty. EPA published notice of the proposed action on September 23, 2020 and received no comments. EPA also notified PADEP of the penalty action. This penalty action is associated with the earlier issuance of an Administrative Order on Consent requiring LWC to create an inspection form to track stormwater issues and use the form to conduct inspections at least once a month, and potentially more often depending on the amount of rainfall.

Defendants (1)

• LEHIGH WHITE CEMENT COMPANYNamed in complaintNamed in settlement

Facilities (2)

• LEHIGH WHITE CEMENT COMPANY

  200 HOKES MILL ROAD, YORK, PA, 17404-5540

  Registry ID: 110008054773

• LEHIGH CEMENT

  200 HOKES MILL RD, YORK, PA, 17404-5540

  Registry ID: 110008054773

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• LEHIGH WHITE CEMENT COMPANYentered 2020-11-16

  Primary law: CWA

  Federal penalty: $30,000

Timeline (5 milestones)

• 2020-11-16Complaint Filed/Proposed Order
• 2020-11-16Final Order Issued
• 2020-11-17Enforcement Action Data Entered
• 2020-12-17NPDES Closed
• 2020-12-17Enforcement Action Closed