This is a Class II civil administrative penalty proceeding under Section 309(g)(l)(A) and 2(8) of the Clean Water Act (CWA), 33 U.S.C. Section 1319(g)(l)(A) and 2(8), and Consolidated Rules of the Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits, as codified at 40 C.F.R. Part 22.Pursuant to CWA Section 309 (g), 33 U.S.C. Section 1319(g), the Administrator of the United States Environmental Protection Agency (EPA) is authorized to assess administrative penalties
against persons who violate CWA Section 301(a), 33 U.S.C. Section 1311(a). The Administrator has delegated this authority to the Regional Administrator of the EPA Region IX, who in turn has delegated this authority to the Director of the Enforcement and Compliance Assurance
Division, hereinafter Complainant. Respondent is CEMEX Construction Materials Pacific, LLC (CEMEX or Respondent).This Consent Agreement and Final Order (CA/FO), which contains the elements of a complaint required by 40 C.F.R. Section 22.14(a), simultaneously commences and concludes this penalty proceeding, as authorized by 40 C.F.R. Sections 22.13(b) and 22.18(b)(2) and (3).