EPA v. Shilling Construction Company, Inc.

Case summary

On or about May 19, 2021, the EPA performed an Industrial Stormwater Compliance Evaluation Inspection (?EPA Inspection?) of Respondent?s Facility under the authority of Section 308(a) of the CWA, 33 U.S.C. ? 1318(a), to evaluate Respondent?s compliance with KDHE General Permit and the CWA. During the inspection, EPA documented the following conditions relevant to Respondent?s compliance with the General Permit: a. The Facility did not have a complete SWPPP, only an outdated map from October 31, 2010, that did not contain all the elements required by Section 2.4.2(b) such as In the Matter of Shilling Construction Company, Inc. Complaint and Consent Agreement/Final Order EPA Docket No. CWA-07-2022-0048 Page 5 of 18 all buildings, material storage areas, overhead truck sprayer, aggregate piles, and RAP piles. The SWPPP also did not address the addition of the leased property which was added October 31, 2019. b. Site inspections were not documented as required in the General Permit under Sections 2.4.3(d) and 2.4.4. c. Two stormwater inlets had no controls and three stormwater inlets had controls that were degraded and in need of maintenance. Sediment and debris were found in all stormwater inlets. d. Stormwater runoff was flowing from a RAP pile located in the southern leased portion of the site through a gap in the berm directly into the Kansas River without any controls prior to discharging. e. The Facility was not utilizing best management practices (?BMPs?) to prevent pollutants from entering stormwater runoff: i. Spills and leaks were noted around a dryer/mixer unit and secondary containment structures. ii. Used oil barrels were stored without any pollution prevention measures or labeling. iii. A secondary containment valve was left open potentially allowing polluted stormwater to be released with no monitoring. iv. Asphalt release agent runoff from the overhead sprayer has potential to combine with stormwater and enter a stormwater inlet. f. Discharges from the secondary containment valve and the overhead sprayer are unauthorized stormwater discharges according to 2.4.3(g) of the General Permit.

Defendants (1)

• Shilling Construction Company, Inc.Named in complaintNamed in settlement

Facilities (2)

• SHILLING CONSTURCTION ASPHALT PLANT

  321 MCDOWELL CREEK RD, MANHATTAN, KS, 66502

  Registry ID: 110001239437

• SHILLING CONSTURCTION ASPHALT PLANT

  321 MCDOWELL CREEK RD, MANHATTAN, KS, 66502

  Registry ID: 110001239437

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Shilling Construction Company, Inc.entered 2022-09-29

  Primary law: CWA

  Federal penalty: $65,980

Timeline (5 milestones)

• 2022-09-29Final Order Issued
• 2022-09-29Complaint Filed/Proposed Order
• 2022-10-03Enforcement Action Closed
• 2022-10-03Enforcement Action Data Entered
• 2022-10-03NPDES Closed