Martens Family Enterprises, Inc. - Clean Water Act Public Notice

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

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 Martens Family Enterprises, Inc. The alleged CWA violations stem from Martens Family Enterprises, Inc.’s failure to comply with requirements of National Pollutant Discharge Elimination System permits issued pursuant to Sections 301 and 402 of the CWA at its Heather Ridge South residential housing development 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. In this case, the EPA is providing notice of the proposed assessment of a Class II civil penalty pursuant to 33 U.S.C. § 1319(g)(2)(B). Class II proceedings are conducted under the EPA’s Consolidated Rules, 40 C.F.R. Part 22.

In this case, the EPA alleges that Respondent failed to install erosion controls, stabilization controls, silt fencing and trash containers; failed to maintain storm drain inlet controls, silt fences, and other controls designed to minimize sediment discharges; failed to take timely corrective actions following self-inspections of stormwater controls; failures to adequately document inspection reports; and had an inadequate Stormwater Pollution Prevention Plan. Respondent’s actions violated Sections 301 and 402 of the CWA, 33 U.S.C. §§ 1311 & 1342. Respondent has reached agreement with the EPA on the terms of a proposed Consent Agreement/Final Order which would resolve this matter. Under the proposed Consent Agreement/Final Order, Respondent will pay a civil penalty of $96,730.00. Final approval of the proposed Consent Agreement/Final Order is subject to the requirements of 40 C.F.R. § 22.45.

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 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 Regional Hearing Clerk, U.S. Environmental Protection Agency Region 7, at R7_Hearing_Clerk_Filings@epa.gov or 913-551-7972. Please reference Docket No. CWA-07-2025-0201. For technical questions contact Dr. Delia Garcia, Enforcement and Compliance Assurance Division, at Garcia.Delia@epa.gov or 913-551-7262. Persons with legal questions may contact Samantha Pappas, Office of Regional Counsel, at pappas.samantha@epa.gov or 913-551-7924. 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.

Summary

The EPA is providing notice of a proposed Administrative Penalty Assessment against Martens Family Enterprises, Inc. The alleged Clean Water Act violations stem from failure to comply with requirements of National Pollutant Discharge Elimination System permits issued pursuant to Sections 301 & 402 of the CWA at its Heather Ridge South residential housing development in Olathe, Kansas.

​Program/Statute:  Clean Water Act (CWA)

Applicant/Respondent(s):

Martens Family Enterprises, Inc.
Olathe, KS

Proposed action: Public Notice of Clean Water Act Administrative Penalty Settlement

Docket ID: CWA-07-2025-0201

• Martens Family Enterprises, Inc. proposed Consent Agreement and Final Order (pdf) (1.97 MB)