EPA v. LAFARGE NORTH AMERICA, INC. (NATIONAL CASE) (READY MIX)

Case summary

5/22/07 - A CIVIL JUDICIAL ACTION IS BEING TAKEN AGAINST LAFARGE NORTH AMERICA, INC., FOR STORM WATER VIOLATIONS OF THE CWA AT ITS READY MIX FACILITIES LOCATED IN AL AND GA. LAFARGE NORTH AMERICA, INC., IS THE LARGEST DIVERSIFIED SUPPLIER OF CONSTRUCTION MATERIALS IN THE U.S. AND CANADA, WHICH PRODUCES AND SELLS CEMENT, READY-MIXED CONCRETE, GYPSUM WALLBOARD, AGGREGATES, ASPHALT, AND RELATED PRODUCTS. THESE PRODUCTS ARE USED IN RESIDENTIAL, COMMERCIAL AND PUBLIC WORKS CONSTRUCTION PROJECTS. A CONSENT DECREE IS BEING SOUGHT TO OBTAIN JUDICIALLY ENFORCEABLE INJUNCTIVE RELIEF TO ENSURE COMPLIACNE WITH THE CWA, AND A CIVIL PENALTY TO RECOVER THE ECONOMIC BENEFIT OF NON-COMPLIANCE WITH THE CWA, AND A CIVIL PENALTY TO RECOVER THE ECONOMIC BENEFIT OF NON-COMPLIANCE, ACCOUNT FOR THE SERIOUSNESS OF THE VIOLATIONS, AND DETER FUTURE NON-COMPLIANCE. THIS ACTION IS PART OF THE STORM WATER AND READY MIX NATIONAL AND REGIONAL ENFORCEMENT PRIORITIES, RESPECTIVELY. THE VIOLATIONS FOUND IN REGION 4 ARE PART OF A NATIONAL ENFORCEMENT CASE AGAINST LAFARGE NORTH AMERICA, INC., FOR SIMILAR STORM WATER VIOLATIONS OF THE CWA FOUND AT ITS FACILITIES IN OTHER PARTS OF U.S. 2/10/12 - CONSENT DECREE ENTERED. LAFARGE NORTH AMERICA, INC., IS A MARYLAND CORP.; LAFARGE BUILDING MARTERIALS, INC., IS AN ALABAMA CORP.; AND LAFARGE WEST, INC., LAFARGE MID-ATLANTIC, LLC, AND REDLAND QUARRIES NY, INC. ARE DELAWARE CORPORATION. LAFARGE OPERATES 243 READY-MIX CONCRETE FACILITIES, HOT MIX ASPHALT BATCHING FACILITIES, AND SAND AND GRAVEL MINING/QUARRYING FACILITIES THROUGHOUT THE U.S. UNDER CWA 402(p), AND EPA'S IMPLEMENTING REGS AT 40 CFR 122.26, THE DISCHARGE OF STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY MUST HAVE NPDES PERMIT AUTHORIZATION. FACILITIES WITHIN CATEGORIES SPECIFIED BY 40 CFR 122.26(b)(14), INCLUDING THOSE IN SIC CODES 14 (SAND AND GRAVEL), 29 (ASPHALT), AND 32 (READY-MIX CONCRETE), ARE CONSIDERED TO BE ENGAGED IN INDUSTRIAL ACTIVITY AND MUST OBTAIN STORMWATER PERMIT AUTHORIZATION. THE LAFARGE FACILITIES ARE INCLUDED UNDER ONE OR MORE OF THESE SIC CODES. THE CD ADDRESSES VIOLATIONS FOR DISCHARGES OF WASTEWATER AND STORMWATER WITHOUT A PERMIT, VIOLATIONS OF NPDES EFFLUENT LIMITS, FAILURE TO OBTAIN COVERAGE UNDER THE MSGP FOR STORMWATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY , AND FAILURE TO IMPLEMENT CONDITIONS OF THE MSGP AT CERTAIN FACILITIES.

Defendants (5)

• LAFARGE NORTH AMERICA, INC.Named in complaintNamed in settlement
• REDLAND QUARRIES NY, LLCNamed in complaintNamed in settlement
• LAFARGE MID-ATLANTIC, LLCNamed in complaintNamed in settlement
• LAFARGE WEST, INC.Named in complaintNamed in settlement
• LAFARGE BUILDING MATERIALS, INC.Named in complaintNamed in settlement

Facilities (3)

• READY MIX USA LLC ARGO PLANT

  READY MIX USA LLC, ARGO, AL, 351734316

  Registry ID: 110020044771

• READY MIX USA LLC ALABASTER

  READY MIX USA LLC, ALABASTER, AL, 35007

  Registry ID: 110017710743

• LAFARGE NORTH AMERICA CUMMING PLANT

  524 HAW CREEK ROAD, CUMMING, GA, 30130

  Registry ID: 110028205591

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• LAFARGE NORTH AMERICA, INC. (NATIONAL CASE) (04-2012-C012)entered 2012-02-10

  Primary law: CWA

  Federal penalty: $43,578

Timeline (8 milestones)

• 2007-05-22Referred To Dept Of Justice
• 2007-06-14Enforcement Action Data Entered
• 2011-11-29Complaint Filed With Court
• 2011-11-29Final Order Lodged
• 2012-02-10Concluded
• 2012-02-10Final Order Entered
• 2018-09-19Enforcement Action Closed
• 2018-09-19NPDES Closed