CSPA Settles Lawsuit Against El Dorado Concrete Facility

CSPA has settled a Clean Water Act lawsuit against CEMEX Construction Materials Pacific LLC for violations of the California General Industrial Stormwater Permit. CEMEX operates a concrete product manufacturing facility in El Dorado California.  The lawsuit alleged that the facility discharged polluted stormwater into French Creek, Big Canyon Creek, Cosumnes River and thence the Mokelumne River and Delta.

The settlement agreement obligates CEMEX to comply fully with the Clean Water Act, develop and implement a suite of Best Management Practices and structural improvements, conduct more frequent and comprehensive monitoring and prepare an adequate Stormwater Pollution Prevention Plan.  The agreement incorporates provisions that allow CSPA to return to court for enforcement if pollutant benchmarks continue to be exceeded.

As mitigation for past violations, CEMEX agreed to send $40,000 to the Rose Foundation for Communities and the Environment to fund environmental projects to improve water quality.  They also agreed to reimburse CSPA’s costs of bringing suit.  The Law Offices of Andrew Packard represented CSPA in this matter.

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