Displaying items by tag: Fine

US: Cemex has agreed to pay a US$1m fine and to install controls to decrease its emissions of nitrogen oxide (NO_x) at its Lyons cement plant in Colorado to resolve alleged violations of the Clean Air Act (CAA). The Environmental Protection Agency (EPA) had accused Cemex of illegally modifying its Lyons plant in a way that increased the amount of NOx the facility released.

"Today's settlement will reduce harmful emissions of nitrogen oxides, which can have serious impacts on respiratory health for communities along Colorado's Front Range," said Cynthia Giles, assistant administrator for EPA's Office of Enforcement and Compliance Assurance. She added that this could improve visibility at the nearby Rocky Mountain National Park.

The US Department of Justice, on behalf of the EPA, filed a complaint against Cemex alleging that between 1997 and 2000 the company unlawfully made modifications at its Lyons plant that resulted in significant net increases of NO_x and particulate matter (PM) emissions. The complaint further alleges that these increased emissions violated the CAA's Prevention of Significant Deterioration and Non-Attainment New Source Review requirements, which state that companies must obtain the necessary permits prior to making modifications at a facility and install and operate required pollution control equipment if modifications will result in increases of certain pollutants.

As part of the settlement, Cemex will install 'Selective Non-Catalytic Reduction' (SNCR) technology at its Lyons facility, which is an advanced pollution control technology designed to reduce NO_x emissions. This will reduce its NO_x emissions by approximately 870 to 1200t/yr. The initial capital cost for installing SNCR technology is approximately US$600,000 and the cost of injecting ammonia into the stack emissions stream, a necessary part of the process, is anticipated to be about US$1.5m/yr.

Germany: HeidelbergCement said that its profits would be hit by about Euro30m in the second quarter of 2013 due to a fine for infringement of cartel rules. HeidelbergCement said that the fine, a total of Euro161.4m for cartel infringements during the years 1990 to 2002, would not affect its earnings outlook.

India: Major Indian cement producer Jaiprakash Associates has informed the Supreme Court of India that it is unable to pay a US$18.8m fine imposed by the Himachal Pradesh High Court for setting up a captive thermal power plant without gaining the required environmental clearance.

The Jaypee group firm said that it is in 'great difficulty' and can't arrange funds to pay its second instalment of US$4.7m that is due on 31 March 2013. However, it said it had paid the first instalment of the same amount. A bench headed by chief justice Altamas Kabir agreed for an early hearing on 12 March 2013 even though the environment ministry and the state government opposed the plea, saying that there is no way for Jaiprakash Associates to avoid the US$18.8m fine.

On 4 May 2012 the High Court ordered the Jaiprakash Associates to dismantle its 60MW captive power plant within three months. It allowed the 1.75Mt/yr cement plant in Solan to stay. In November 2012 Jaiprakash Associates reported that its net profit for the six months to 30 September 2012 had dropped by nearly 40% to US$50.1m from US$81.3 in the same period in 2011.

India: After setting a precedent by fining 11 cement companies a combined US$1.13bn in June 2012, the Competition Commission of India (CCI) has now imposed a penalty of US$71.5m on Shree Cement for indulging in restrictive trade practices.

The CCI has imposed the penalty on Shree Cement while issuing final order in the case against cement manufacturers and their trade body, the Cement Manufacturers Association (CMA). "The commission has also imposed a penalty on Shree Cement at the rate of 0.5 times its profits for the years 2009-2010 and 2010-2011 aggregating to US$71.5m," said the CCI in a statement.

"We have not seen the CCI order. Let us first go through the order and then we will decide on the future course of action in consultation with our lawyers, " commented H M Bangur, the managing director of Shree Cement.

The CCI found 11 cement manufacturers, including Shree Cement Limited and CMA, in contravention of the provisions of the Competition Act, 2002 which deal with anti-competitive agreements including cartels. As the cement companies (except Shree Cement) were already found to be in cartel in Case No. 29 of 2010 and penalised by the CCI via its order dated on 20 June 2012, the CCI decided not to order remedies including imposition of penalty on such companies again for the same period of contravention.

It has been reported by local media that since the fine in June 2011 Indian cement prices have continued to rise, with Rayalaseema Rashtra Samiti president Kuncham Venkatasubba Reddy threatening an indefinite hunger-strike over high prices.

Spain: Spanish competition authority CNC has fined Cementos Portland Valderrivas Euro1.28m for submitting incomplete information. In May 2012 the CNC launched a probe into Cementos Portland over allegedly incorrect information about revenues, volume of products and corporate structure. Cementos Portland was obliged in January 2012 to pay a Euro5.72m fine for participating in a cartel fixing the prices of concrete.

South Africa: The French multinational Lafarge will pay US$19.3m after it was found guilty of involvement in a cement cartel in South Africa. The Competition Tribunal confirmed that the settlement represented 6% of Lafarge's 2010 turnover in the Southern African Customs Union countries (South Africa, Botswana, Lesotho, Swaziland and Namibia). AfriSam, another of the cartel participants, previously agreed to pay an 'administrative penalty' of US$16.1m.

South Africa: Lafarge Industries SA has admitted taking part in a cement cartel and agreed to pay a US$19.6m penalty. The company reached the settlement with the South African Competition Commission after admitting to having taken part in price fixing and market division in the cement industry. As part of the deal Lafarge agreed to pay the penalty, 6% of its 2010 annual turnover in the Southern African Customs Union (SACU) region, which covers South Africa, Botswana, Lesotho, Swaziland and Namibia.

The case, which has been running since 2008, has investigated dealings at Lafarge, Pretoria Portland Cement (PPC), AfriSam and Natal Portland Cement-Cimpor (NPC-Cimpor). Following a 2009 raid at the offices of the accused parties, PPC applied for leniency and confirmed the existence of a cartel among the four cement producers. In December 2011, an agreement was reached with Afrisam, in which it confirmed the information provided by PPC and agreed to pay a US$16.5m penalty, representing 3% of its 2010 annual turnover in the SACU region.

The commission said that it will continue to investigate NPC-Cimpor.

Mexico: Mexico's antitrust commission said it has fined the country's biggest cement company Cemex US$796,000 following an investigation into a failed attempt by a competitor to import cement into Mexico in 2004.

The Federal Competition Commission (CFC) said that the fine was for 'relative monopolistic practices,' which can include displacing competitors from the market.

Cemex said that it had been notified of the ruling, which it considers unfounded, and plans to contest it. "Cemex always acts in strict accordance with the law and will proceed with the legal resources that apply in this case," the company said.

The antitrust investigation followed a complaint by a group that was blocked from importing cement from Russia in 2004. Comercio para el Desarrollo Mexicano (CDM), which had been formed by local entrepreneurs and several foreign partners, was kept from unloading a 26,000t shipment, and had said it intended to import up to 0.5Mt/yr.

Australia: The Australian Department of Environment and Conservation (DEC) has charged Cockburn Cement with causing pollution in a southern Perth neighbourhood and contravening conditions of its environmental licence after lime kiln dust escaped from its Perth plant on 28 April 2010. The company also allegedly failed to adhere to its environmental licence by not disposing of its lime kiln dust in a wet state.

Cockburn faces a fine of up to USD486,650 for the pollution charge while it could be slapped with a USD121,300 fine for contravening its environmental licence. The company will appear in Fremantle Magistrates Court on 21 October 2011.