EPA v. CEMEX Construction Materials South, LLC

Case summary

On September 26,2022, EPA Region 6 issued a Consent Agreement and Final Order (CAFO) under its authority pursuant to the Resource Conservation and Recovery Act (RCRA) to CEMEX Construction Materials South, LLC (CEMEX) located in New Braunfels, Texas. The CAFO was issued in response to violations of: 1. failing to comply with notification requirements under 3010 of RCRA, and 2. failing to meet one or more of the requirements for large quantity generators under 40 C.F.R. 262.34. The CAFO requires CEMEX to pay a penalty in the amount of $19,633 within 30 calendar days of the effective date of the CAFO and must satisfy the compliance order portion of the CAFO within 60 calendar days of the effective date of the CAFO.

Defendants (1)

• CEMEX Construction Materials South, LLCNamed in settlement

Facilities (1)

• CEMEX CONSTRUCTION MATERIALS SOUTH, LLC

  2580 WALD ROAD, NEW BRAUNFELS, TX, 78132

  Registry ID: 110000464550

Statutes cited

• RCRA 3010 — Notification of Hazardous Waste Activity
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• CEMEX Construction Materials South, LLCentered 2022-09-26

  Primary law: RCRA

  Federal penalty: $19,633

Timeline (2 milestones)

• 2022-09-26Final Order Issued
• 2022-09-27Enforcement Action Data Entered