ShawneeDispatch.com

The Kansas Department of Health and Environment has issued an administrative order assessing a $35,000 civil penalty against Deffenbaugh Industries, Inc.

The order charges that the company's Johnson County Landfill, 18181 W. 53rd St., violated state solid waste regulations. KDHE staff determined that drainage pumps at the landfill had failed, allowing contaminated water to drain into Hayes Creek. This creek flows into Mills Creek, which in turn flows into the Kansas River.

Had the pumps been operating properly, the drainage would have been collected and processed at a local wastewater treatment facility before being released.

The fine is in response to Deffenbaugh's failure to properly contain contaminated water from the landfill, comply at all times with applicable state and federal statutes and regulations, and to remedy the seepage in a timely manner. State law authorizes KDHE to assess penalties of up to $5,000 per day for each violation.

Deffenbaugh has appealed the order, and a hearing date is pending.

Deffenbaugh's Chief Engineer, Darryl Basham, said the order was baseless and without merit. "I have thoroughly reviewed KDHE's allegations in light of the facts and find no violations of any kind," he said in a statement released by the company. "Deffenbaugh satisfied its reporting obligations by promptly contacting KDHE and informing it of a water release significantly below drinking water standards. At no time was there any threat to public health or environment."

Meanwhile, KDHE has scheduled a public hearing regarding a proposed expansion of the landfill. The hearing will be held at 6 p.m. Thursday at the Shawnee Civic Centre, 13817 Johnson Dr.