Osage City Fined $2,000 for Open Burning Violations

The Kansas Department of Health and Environment (KDHE) has issued an administrative order assessing a $2,000 civil penalty against the City of Osage City for violations of the Kansas Air Quality Act (KAQA).

KDHE staff conducted an investigation on March 28 of the open burning of two cabins at the Chief Motel, Ninth St. and Larkin, Osage City. The Osage City Fire Department burned the structures on March 26.

During the investigation, KDHE staff observed partially burned asphalt roofing, vinyl floor tile, and asbestos/cement piping at the site. Analysis of samples taken at the site revealed materials contained more than 1 percent asbestos, the threshold limit for asbestos enforcement actions.

The KDHE investigation on March 28 revealed that an inspection for asbestos-containing materials was not conducted, and KDHE was not notified prior to demolition and burning at the site, as required by the KAQA. State law provides for fines of up to $10,000 per day for each open burning violation.

The order is subject to appeal to the Secretary of Health and Environment.