EPA v. CEMEX Paiute Pit - AOC

Case summary

Administrative order on consent for CEMEX Construction Materials Pacific, LLC, regarding CWA 309/402 NPDES stormwater without permit. Agreement to implement within established timeframes an array of corrective actions and monitoring practices at the Area A Holding Pond and Area A Mining Pit. Administrative Order on Consent (AOC) identifies potential violations of the CWA included discharge of stormwater and process water into waters of the United States at the Site without authorization to do so under section 402 of the CWA, 33 U.S.C. section 1342. CEMEX operates a sand and gravel mine located on the Pyramid Lake Paiute Tribe. EPA alleges facility has been discharging up to 13 MGD of pit dewatering water and industrial stormwater without a permit to the Truckee River. EPA conducted an inspection 10/5/20 and determined the AOC to be time-critical due to the mine pit filling with groundwater and the potential for an uncontrolled discharge to the Truckee River. The AOC requires CEMEX to cease all discharges, to characterize the pit lake water, to evaluate measures to prevent and/or mitigate an emergency discharge, and to apply for NPDES permits.

Defendants (1)

• Alejandro Ortiz RoblesNamed in settlement

Facilities (1)

• CEMEX PAIUTE PIT

  10 HILL RANCH RD, WADSWORTH, NV, 89442

  Registry ID: 110020744685

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CEMEX Paiute Pit - AOCentered 2020-11-02

  Primary law: CWA

Timeline (4 milestones)

• 2020-11-02Final Order Issued
• 2021-01-07Enforcement Action Data Entered
• 2022-06-10NPDES Closed
• 2022-06-10Enforcement Action Closed