Lehigh Southwest Cement Plant Notices Of Violations (NOV)

California Regional Water Quality Control Board - San Francisco Bay Region

Inspection Report, Lehigh Southwest Cement Co., February 10, 2010 
(3.6Mbyte pdf Large Document with Photos)

Notice of Violation Letter, March 26, 2010 
(120k pdf)

"On February 10, 2010, a U.S. Environmental Protection Agency (EPA) contractor, PG Environmental, LLC (hereafter, EPA Contract Inspector) conducted an industrial storm water inspection of" the Lehigh Southwest Cement Plant facility. "The EPA Contract Inspector held a closing conference at the conclusion of the inspection. During the closing conference, the EPA Contract Inspector reviewed the preliminary inspection findings with the Facility Representatives. Pursuant to all provisions of the California State Water Resources Control Board (SWRCB) Order No. 97-03-DWQ, National Pollutant Discharge Elimination System (NPDES), General Permit No. CAS000001 for Discharges of Storm Water Associated with Industrial Activities (the Permit), the findings listed below must be corrected."

"The inspection results were forwarded to the San Francisco Bay Regional Water Quality Control Board for its staff to consider and act upon; Water Board staff has edited this inspection report to specifically call out violations, corrective actions, and due dates."

United States Environmental Protection Agency (EPA) Region IX

Lehigh Southwest Cement Company Notice and Finding of Violation, March 10, 2010
(2.4Mbyte pdf Large Document)

世界日報: 庫市水泥廠被指違反潔淨空氣法

Lehigh has been in violation of NO_X and SO₂ air emission (Clean Air Act), after plant modifications to increase production, without proper notification/review to BAAQMD/EPA.  These violation have been ongoing since approximately 1995 when modifications were started.  They have thus been operating without a valid Title V permit all this time.  

"Notice of Violation (NOV) issued by EPA to the Lehigh Southwest Cement plant in Cupertino

• The Notice of Violation and Finding of Violation (NOV) is issued under Section 113(a)(1) of the Clean Air Act (CAA), which provides that for any violation of a requirement or prohibition of an applicable implementation plan or a permit, the Administrator shall notify the alleged violator and the State at least 30 days prior to commencing an enforcement action.

• In the NOV, EPA alleges against Lehigh violations of the Prevention of Significant Deterioration requirements of the CAA by performing modifications at its Cupertino cement plant that increased air emissions without applying for the correct permit and using appropriate air pollution control technology.

• More information about EPA’s enforcement process may be found at http://www.epa-echo.gov/echo/faq.html#stages_enforcement

• The NOV identifies increases in NOx and SO2 air emissions and production capacity resulting from the modifications.

• The NOV is a public document.

• The NOV contains no description of individual projects completed as these were all claimed confidential by Lehigh.

• The NOV offers Lehigh the opportunity to meet with EPA to present additional information and start the process to resolve the violations identified in the NOV.

• The NOV includes no specific compliance actions to be taken at this time by Lehigh and assesses no penalty amount to be paid."

Please note that BAAQMD has been negligent in properly responding to local residents complaints over the years.  It took action from the EPA (parent agency) to bring this violation to light.  BAAQMD has given the appearance of favoritism and turning a blind eye to Lehigh Southwest Cement and inadequately addressed local resident's complaints.  It is time to act and fix such inequities.

County of Santa Clara - Department of Planning and Development

Lehigh Quarry Reclamation Plan Amendment for the East Materials Storage Area, April 14, 2010
(.pdf)

聖縣為採石場廢料區開公聽會 挨轟

Lehigh Cement used a disturbed area outside their permitted quarry area visible to the public to place overburden (unusable quarry material) without a permit.  The County of Santa Clara - Department of Planning and Development issued a Notice of Violation to Lehigh.  Lehigh is currently working with the County to amend the 1985 Reclamation Plan to include this area so they will no longer be in violation.  This is like being cited for exceeding the speed limit and asking the court to increase the speed limit above the cited speed to make your speed legal.

The following is an email message from Marina Rush, SC County Planner:-