Asphalt Manufacturer to Pay Fine for Alleged Clean Water Act Violations
Asphalt manufacturer Shilling Construction Company Inc. must pay $71,324 in civil penalties for alleged Clean Water Act (CWA) violations.
According to the U.S. EPA news release, the company did not have adequate controls for stormwater runoff from its Manhattan, Kansas, facility, leading to illegal discharges of pollution into the Kansas River.
“Uncontrolled runoff from asphalt and other manufacturing facilities threatens the health of our nation’s waters and the public’s use and enjoyment of those waters,” said David Cozad, director of EPA Region 7’s Enforcement and Compliance Assurance Division in the EPA news release. “These enforcement actions protect our streams and rivers and level the playing field with businesses who are following the rules.”
According to the settlement documents, EPA alleges that Shilling Construction did not comply with the terms of its CWA permit.
The violations include:
- Failure to develop an adequate plan to reduce pollutants in stormwater runoff;
- Failure to construct and/or maintain adequate stormwater controls;
- Failure to conduct and/or document required inspections and monitoring of the facility;
- And violations of regulations intended to prevent spills from oil stored at the company’s facility.
Shilling Construction must: submit reports to EPA and the Kansas Department of Health and Environment documenting its efforts to reach compliance; sample stormwater runoff from the facility to ensure adequate stormwater controls and management; and pay the civil penalty of $71,324.
EPA adds that: "Under the CWA, industrial facilities that propose to discharge into protected water bodies are required to obtain 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."
According to EPA, the facility was not utilizing best management practices to prevent pollutants from entering stormwater runoff, so:
- Spills and leaks were noted around a dryer/mixer unit and secondary containment structures;
- Used oil barrels were stored without any pollution prevention measures or labeling;
- A secondary containment valve was left open potentially allowing polluted stormwater to be released with no monitoring; And
- Asphalt release agent runoff from the overhead sprayer has potential to combine with stormwater and enter a stormwater inlet.