EPA Fines Coffey County Landowner and Construction Company for Alleged Clean Water Act Violations in Kansas

June 2, 2021

Contact Information

Ben Washburn (washburn.ben@epa.gov)

913-551-7364

Environmental News

FOR IMMEDIATE RELEASE

(Lenexa, Kan., June 2, 2021) - The U.S. Environmental Protection Agency (EPA) has reached a settlement with Thomas Robrahn and Skillman Construction LLC of Coffey County, Kansas, to resolve alleged violations of the federal Clean Water Act (CWA) that occurred within the Neosho River. Under the settlement, the parties will pay a $60,000 civil penalty.

According to EPA, Robrahn and Skillman Construction placed approximately 400 cubic yards of broken concrete into the river adjacent to Robrahn’s property in an attempt to stabilize the riverbank. The work impacted about 240 feet of the river and was completed without first obtaining a required CWA permit. This section of the river has known populations of Neosho Madtom, a federally listed threatened fish species.

As part of their settlement with EPA, the parties also agreed to remove the concrete and restore the impacted site to come into compliance with the CWA.

Under the CWA, parties are prohibited from discharging fill material into water bodies unless they first obtain a permit from the U.S. Corps of Engineers. If parties place fill material into water bodies without a permit, the Corps may elect to refer an enforcement case to EPA.

This penalty settlement is subject to a 30-day public notice and comment period. If you are interested in reviewing the settlement and/or making a comment about the settlement, go to EPA’s website.