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<br />CEMEX – NORTHERN CALIFORNIA OFFICE <br />2365 Iron Point Road, Suite 120, Folsom, California 95630 <br />May 29, 2024 <br />Via email to: devon.owens@waterboards.ca.gov <br /> <br /> <br />Paul Nso <br />San Joaquin County Environmental Health Department <br />1868 E. Hazelton Ave, <br />Stockton, CA 95205 <br /> <br />Re: Response to Notice of Violation Dated May 14, 2024 <br />Cemex Tracy Ready-Mix Plant <br />30350 S Tracy BLVD, Tracy, CA 95377 <br /> <br /> <br />Dear Paul Nso, <br /> <br />Cemex Construction Materials Pacific, LLC (Cemex) has received San Joaquin County Environmental <br />Health Department (SJEHD) Inspection Report Transmittal letter dated May 14, 2024 for Cemex’s facility <br />located at 30350 S. Tracy Blvd, Tracy, California, 953777(“Facility” or “Site”). <br /> <br />This response letter identifies the findings in SJEHD’s Letter and provides Cemex’s responses to those <br />findings. Quoted text is shown in italics. <br /> <br /> <br /> <br />Area of Concern <br />Board staff identified the following area of concern: <br /> <br />Regulation guidance: (e) If the owner or operator of a facility determines pursuant to paragraph (a)(2) of <br />this section that the facility could not, because of its location, reasonably be expected to cause substantial <br />harm to the environment by discharging oil into or on the navigable waters or adjoining shorelines, the <br />owner or operator shall complete and maintain at the facility the certification form contained in appendix C <br />to this part and, in the event an alternative formula that is comparable to one contained in appendix C to <br />this part is used to evaluate the criterion in paragraph (f)(1)(ii)(B) or (f)(1)(ii)(C) of this section, the owner <br />or operator shall attach documentation to the certification form that demonstrates the reliability and <br />analytical soundness of the comparable formula and shall notify the Regional Administrator in writing that <br />an alternative formula was used. <br /> <br />The facility failed to keep records of annual inspections for at least three years. Copies of annual <br />inspection records for 2021, 2022, and 2023 were not found on site. <br /> <br /> <br />In response to these inspection findings, please complete the following: <br /> <br />• Complete and maintain at the facility the Substantial Harm Criteria certification form. Submit proof of <br />correction to the EHD. <br /> <br />• Inspections and tests must be conducted in accordance with the written procedures developed in the <br />Spill Prevention, Control, and Countermeasure (SPCC) plan. Records of these inspections and tests must <br />be signed by the appropriate supervisor or inspector and kept on-site with the SPCC Plan for three years. <br /> <br /> <br />