Three Construction Companies Settle with EPA After Allegedly Polluting Mill Creek in Johnson County, Kansas

News Releases from Region 07

Mill Creek is on the state’s Impaired Waters List


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EPA seal(Lenexa, Kan., March 4, 2021) - The U.S. Environmental Protection Agency (EPA) has reached settlements with three construction companies alleged to have violated the federal Clean Water Act (CWA) by unlawfully discharging pollutants into Mill Creek in western Johnson County, Kansas. As part of the settlements, the companies will pay a combined $122,000 in penalties.

“Uncontrolled stormwater runoff from construction sites threatens our nation’s waters and passes pollution onto downstream property owners,” said David Cozad, director of EPA Region 7’s Enforcement and Compliance Assurance Division. “It’s also unfair to other construction companies that follow the rules. These enforcement actions demonstrate the Agency’s commitment to protecting streams and other waterways and ensuring a level playing field for businesses.”

According to EPA, ABP Funding LLC, KAT Excavation Inc., and Pyramid Contractors Inc. each violated terms of the CWA permits to which the companies were subject. EPA alleges that, among other permit violations, the companies failed to implement practices to limit the release of construction pollution into streams and other waters. EPA says those failures resulted in discharges of sediment and construction-related pollutants into Mill Creek. The state of Kansas has designated Mill Creek as an “impaired” water body for excess sediment and other pollutants.

ABP Funding and KAT Excavation were involved in a joint residential construction project and Pyramid Contractors was involved in a separate road-widening project.

Under the CWA, companies that propose to disturb an acre or more of land in proximity to protected water bodies are required to obtain stormwater construction permits and to follow the requirements outlined in the permits in order to reduce pollution runoff. Failure to obtain a permit or follow the requirements of a permit may violate federal law.

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