EPA Fines Asphalt Sales Company in Olathe, Kansas, for Alleged Clean Water Act Violations

October 11, 2022

Contact Information

Ben Washburn (washburn.ben@epa.gov)

913-518-4154

LENEXA, KAN. (OCT. 11, 2022) – The Asphalt Sales Company in Olathe, Kansas, will pay $82,798 in civil penalties and improve pollution controls to resolve alleged violations of the federal Clean Water Act.

According to the U.S. Environmental Protection Agency (EPA), the company failed to adequately control stormwater runoff from its asphalt production and demolition landfill facility. EPA says these failures led to illegal discharges of pollutants into Cedar Creek.

“Uncontrolled runoff from manufacturers and landfills not only harms streams and rivers, but it also limits the public’s use and enjoyment of those waters,” said David Cozad, director of EPA Region 7’s Enforcement and Compliance Assurance Division. “EPA’s enforcement actions demonstrate our commitment to protecting vital watersheds and creating a level playing field with businesses who are complying with the law.”

In the settlement documents, EPA alleges that the Asphalt Sales Company failed to comply with certain terms of its Clean Water Act permit, including failure to construct and/or maintain adequate stormwater controls; allowing stormwater to bypass existing stormwater controls; and failure to conduct and/or document required inspections of the facility.

In addition to paying the penalty, the company agreed to submit a plan to EPA outlining how it will return to compliance, including the installation and maintenance of effective stormwater controls at the facility.

Under the Clean Water Act, industrial facilities that propose to discharge into protected water bodies are required to obtain permits and to follow the requirements outlined in the permits to reduce pollution runoff. Failure to obtain a permit or to follow the requirements of a permit may violate federal law.