The Asphalt Sales Company - Clean Water Act Public Notice
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
In accordance with Section 309(g)(4)(A) of the Clean Water Act (“CWA”), 33 U.S.C. § 1319(g)(4)(A), and 40 C.F.R. § 22.45 of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits (“Consolidated Rules”), the Environmental Protection Agency (“EPA”) is providing notice of a proposed Administrative Penalty Assessment against The Asphalt Sales Company, a business located in Kansas City, Kansas, for alleged violations at the facility located at 23200 W 159th Street in Olathe, Kansas 66061.
Under Section 309(g) of the CWA, 33 U.S.C. § 1319(g), the EPA is authorized to issue orders assessing civil penalties for various violations of the Clean Water Act. The EPA may issue such orders after filing a Complaint commencing either a Class I or Class II penalty proceeding. The EPA provides notice of the proposed assessment of a Class II civil penalty pursuant to 33 U.S.C. § 1319(g)(4)(A). Class II proceedings are conducted under the EPA’s Consolidated Rules, 40 C.F.R. Part 22.
In this case, the EPA alleges that Respondent violated the requirements of its NPDES Permit under Kansas General Permit for industrial stormwater, Permit No. KSR001080, and discharged pollutants into the waters of the United States, in violation of Sections 301 and 402 of the Clean Water Act, 33 U.S.C. §§ 1311 and 1342. The EPA alleges that Respondent failed to prevent unauthorized bypasses, failed to maintain sediment controls, failed to conduct required visual inspections, and discharged contact water from its landfill without authorization. Respondent has reached agreement with the EPA on the terms of a proposed Consent Agreement/Final Order which would resolve this matter. Under the proposed Consent Agreement/Final Order, Respondent will pay a civil penalty of $82,798. Final approval of the proposed Consent Agreement/Final Order is subject to the requirements of 40 C.F.R. § 22.45.
The EPA will receive written comments on the proposed Administrative Penalty Assessment for a period of thirty (30) days from the date of publication of this notice. All such comments shall be submitted to the Regional Hearing Clerk at the address provided below. The procedures by which the public may submit written comments on a proposed Class II order or participate in a Class II proceeding, and the procedures by which a respondent may request a hearing, are set forth in the Consolidated Rules. Persons wishing to obtain additional information on the proceeding, receive a copy of the EPA’s Consolidated Rules, review the proposed Consent Agreement/Final Order, comment upon the proposed penalty assessment, or otherwise participate in the proceeding should contact Regional Hearing Clerk, at [email protected] or 913-551-7972. Please reference Docket No. CWA-07-2022-0097. For Technical questions contact Don Hamera, Enforcement and Compliance Assurance Division, at [email protected] or 913-551-7818. Persons with legal questions may contact Shane McCoin, Office of Regional Counsel, at [email protected] or 913-551-7955. In order to provide opportunity for public comment, the EPA will issue no final order assessing a penalty in this proceeding prior to forty (40) days from the date of this notice.
| 2022.08.03 Date |
/s/ Wendy Lubbe for David Cozad Director Enforcement and Compliance Assurance Division U.S. EPA, Region 7 |
Summary
The EPA is providing notice of a proposed Administrative Penalty Assessment against The Asphalt Sales Company, a business located in Kansas City, Kansas, for alleged violations at the facility located at 23200 W 159th Street in Olathe, Kansas 66061.
Program/Statute: Clean Water Act (CWA)
Applicant/Respondent(s):
The Asphalt Sales Company
23200 W 159th St.
Olathe, KS 66061
Proposed action: Public Notice of Clean Water Act Administrative Penalty Settlement
Docket ID: CWA-07-2022-0097