On or about May 19, 2021, the EPA performed an Industrial Stormwater
Compliance Evaluation Inspection (?EPA Inspection?) of Respondent?s Facility under the
authority of Section 308(a) of the CWA, 33 U.S.C. ? 1318(a), to evaluate Respondent?s
compliance with KDHE General Permit and the CWA. During the inspection, EPA documented the following conditions relevant to
Respondent?s compliance with the General Permit:
a. The Facility did not have a complete SWPPP, only an outdated map from October
31, 2010, that did not contain all the elements required by Section 2.4.2(b) such as
In the Matter of Shilling Construction Company, Inc.
Complaint and Consent Agreement/Final Order
EPA Docket No. CWA-07-2022-0048
Page 5 of 18
all buildings, material storage areas, overhead truck sprayer, aggregate piles, and
RAP piles. The SWPPP also did not address the addition of the leased property
which was added October 31, 2019.
b. Site inspections were not documented as required in the General Permit under
Sections 2.4.3(d) and 2.4.4.
c. Two stormwater inlets had no controls and three stormwater inlets had controls
that were degraded and in need of maintenance. Sediment and debris were found
in all stormwater inlets.
d. Stormwater runoff was flowing from a RAP pile located in the southern leased
portion of the site through a gap in the berm directly into the Kansas River
without any controls prior to discharging.
e. The Facility was not utilizing best management practices (?BM