EPA v. Asphalt Sales Olathe

Case summary

EPA Inspection completed in January, 2021. Inspection noted inadequate Best Management Practices for managing stormwater and under wet conditions (high flow conditions) stormwater runoff bypasses sediment basin and directly discharges to Cedar Creek. Facility was also not completing annual visual stormwater inspections during a discharge. For an approximate two year period facility was draining their contact water basin into their stormwater basin. This was stopped after the inspection.

Defendants (1)

• Asphalt Sales OlatheNamed in complaintNamed in settlement

Facilities (4)

• OLATHE AGGREGATES ASPHALT SALES OLATHE AGGREGATES QUARRY

  23200 WEST 159TH STREET, OLATHE, KS, 66061

  Registry ID: 110001240899

• OLATHE AGGREGATES ASPHALT SALES OLATHE AGGREGATES QUARRY

  23200 WEST 159TH STREET, OLATHE, KS, 66061

  Registry ID: 110001240899

• OLATHE AGGREGATES ASPHALT SALES OLATHE AGGREGATES QUARRY

  23200 WEST 159TH STREET, OLATHE, KS, 66061

  Registry ID: 110001240899

• OLATHE AGGREGATES ASPHALT SALES OLATHE AGGREGATES QUARRY

  23200 WEST 159TH STREET, OLATHE, KS, 66061

  Registry ID: 110001240899

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Asphalt Sales Olatheentered 2022-09-20

  Primary law: CWA

  Federal penalty: $82,798

Timeline (5 milestones)

• 2022-09-20Complaint Filed/Proposed Order
• 2022-09-20Final Order Issued
• 2022-09-22Enforcement Action Data Entered
• 2022-10-20NPDES Closed
• 2022-10-20Enforcement Action Closed