EPA v. Heartland Development, LP

Case summary

In this case, the EPA alleges that Respondent violated the requirements of the National Pollutant Discharge Elimination System general permit authorizations issued by the state of Kansas, in violation of Section 402(p) of the CWA, 33 U.S.C. ? 1342(p). The EPA alleges that Respondent failed to: (1) develop an adequate Stormwater Pollution Prevention Plan (?SWPPP?); (2) perform and document adequate inspections; (3) properly install, operate, and/or maintain best management practices; (4) update and/or amend the SWPPP; and (5) prevent unauthorized discharges into Little Cedar Creek and its tributaries. Respondent has reached agreement with the EPA on the terms of a proposed Consent Agreement/Final Order which would resolve this matter. Under the Consent Agreement/Final Order, Respondent will pay a civil penalty of $51,690.

Defendants (1)

• Heartland Development, LPNamed in complaintNamed in settlement

Facilities (3)

• COVINGTON COURT

  115TH ST & SUNNYROOK BLVD., OLATHE, KS, 66061

  Registry ID: 110064425885

• COVINGTON COURT, SECOND PLAT

  115TH ST. & SUNNYBROOK BLVD., OLATHE, KS, 66061

  Registry ID: 110070020379

• COVINGTON CREEK, SECOND PLAT

  115TH ST. & SUNNYBROOK BLVD., OLATHE, KS, 66061

  Registry ID: 110067614479

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Heartland Development, LPentered 2022-09-27

  Primary law: CWA

  Federal penalty: $51,690

Timeline (5 milestones)

• 2022-09-27Complaint Filed/Proposed Order
• 2022-09-27Final Order Issued
• 2022-09-30Enforcement Action Data Entered
• 2022-12-01Enforcement Action Closed
• 2022-12-01NPDES Closed