EPA Fines Heartland Development LP for Alleged Clean Water Act Violations in Kansas
LENEXA, KAN. (AUG. 18, 2022) – Residential developer Heartland Development LP will pay a $51,690 civil penalty to resolve alleged violations of the Clean Water Act (CWA). According to the U.S. Environmental Protection Agency (EPA), the company failed to adequately control stormwater runoff from the Covington Creek and Covington Court construction developments in Olathe, Kansas.
“Runoff from construction sites contains pollutants that harm our nation’s waters and impair downstream property owners’ use and enjoyment of those waters,” said EPA Region 7 Enforcement and Compliance Assurance Division Director David Cozad. “It’s also unfair to other construction companies that follow the rules. These enforcement actions demonstrate the Agency’s commitment to protecting streams and other waterways and ensuring a level playing field for businesses.”
In the settlement documents, EPA alleges that Heartland Development LP failed to construct and/or maintain required stormwater controls; failed to take actions when stormwater control deficiencies were identified; and failed to conduct required inspections of the construction sites. EPA also said that such violations threaten Little Cedar Creek.
The settlement is currently available for public notice and comment and can be found on EPA’s website.
Under the CWA, companies that propose to disturb an acre or more of land in proximity to protected water bodies are required to obtain stormwater construction permits and to follow the requirements outlined in those permits to reduce pollution runoff. Failure to obtain a permit or to follow the requirements of a permit may violate federal law.
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