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EPA in Kansas

Public Notice: ABP Funding, LLC and KAT Excavation, Inc.

Publish Date: 08/03/2020



In accordance with Section 309(g)(4)(A) of the Clean Water Act (“CWA”), 33 U.S.C. § 1319(g)(4)(A), and 40 C.F.R. § 22.45 of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits (“Consolidated Rules”), the Environmental Protection Agency (“EPA”) is providing notice of a proposed Administrative Penalty Assessment against ABP Funding, LLC and Kat Excavation, Inc. for alleged violations at the construction site located at 110th West Terrace in Olathe, Kansas.

Under Section 309(g) of the CWA, 33 U.S.C. § 1319(g), the EPA is authorized to issue orders assessing civil penalties for various violations of the CWA.  The EPA may issue such orders after filing a Complaint commencing either a Class I or Class II penalty proceeding.  The EPA provides notice of the proposed assessment of a Class II civil penalty pursuant to 33 U.S.C. § 1319(g)(4)(A).  Class II proceedings are conducted under the EPA’s Consolidated Rules, 40 C.F.R. Part 22.

In this case, the EPA alleges that Respondents violated the terms and conditions of their National Pollutant Discharge Elimination System General Permit No. KSR10000 thus violating Sections 301 and 402 of the CWA, 33 U.S.C. §§ 1311 and 1342.  The EPA alleges that Respondents had unauthorized discharges of stormwater from the Site into the unnamed tributary to Mill Creek, failed to implement adequate control measures or take sufficient corrective actions to improve control measures, failed to conduct and/or adequately document routine facility inspections, and failed to develop an adequate Storm Water Pollution Prevention Plan.  Respondents have reached agreement with the EPA on the terms of a proposed Consent Agreement/Final Order which would resolve this matter.

The EPA will receive written comments on the proposed Administrative Penalty Assessment for a period of thirty (30) days from the date of publication of this notice.  All such comments shall be submitted to the Regional Hearing Clerk at the email address provided below.  The procedures by which the public may submit written comments on a proposed Class II order or participate in a Class II proceeding, and the procedures by which a respondent may request a hearing, are set forth in the Consolidated Rules.  Persons wishing to obtain additional information on the proceeding, receive a copy of the EPA’s Consolidated Rules, review the proposed Consent Agreement/Final Order, comment upon the proposed penalty assessment, or otherwise participate in the proceeding should contact Lisa Haugen, Regional Hearing Clerk, at or 913-551-7877.  Please reference Docket No. CWA-07-2020-0045.  For Technical questions contact Dr. Delia Garcia, Enforcement and Compliance Assurance Division Water Branch, at garcia.delia@epa.govor 913-551-7262.  Persons with legal questions may contact Liz Huston, Office of Regional Counsel, at huston.liz@epa.govor 913-551-7525. In order to provide opportunity for public comment, the EPA will issue no final order assessing a penalty in this proceeding prior to forty (40) days from the date of this notice. 

Applicant or Respondent

ABP Funding, LLC and KAT Excavation, Inc.
110th West Terrance and Barker Road
Olathe, KS

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