LENEXA, Kan. – The U.S. Environmental Protection Agency (EPA) has ordered Michael Zahner of Bollinger County to take immediate steps to comply with the federal Clean Water Act.
The Agency is also seeking civil penalties for alleged violations of the Act.
According to the EPA, Zahner and his company, Zahner Management Company LLC, filled in federally protected streams without obtaining required Clean Water Act permits.
In the Compliance Order issued to Zahner and Zahner Management Company on October 7, EPA alleges that Zahner and his company filled in portions of streams to build two lakes on his property, one approximately 13.5 acres and a smaller 2.6-acre lake.
The Order requires Zahner to submit a plan to EPA describing how he and his company will mitigate for lost stream functions and stabilize the property to prevent ongoing erosion.
In addition to the Orders issued to Zahner the EPA also filed administrative complaints on October 7 and pursuing penalties for the alleged Clean Water Act violations. In Zahner’s case, the Agency is seeking $171,481.
Under the Clean Water Act, parties are prohibited from discharging pollutants into streams and other protected water bodies unless they first obtain a permit.