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RODERICK L. BREMBY, SECRETARY

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DEPARTMENT OF HEALTH AND ENVIRONMENT

KATHLEEN SEBELIUS, GOVERNOR

For Immediate Release
December 28, 2006

Joe Blubaugh 785-296-5795, jblubaugh@kdheks.gov
William Bider, 785-296-1600

State Assesses $35,000 Fine on Deffenbaugh Landfill

The Kansas Department of Health and Environment has issued an administrative order assessing a $35,000 civil penalty against Deffenbaugh Industries, Inc. for violating state solid waste regulations at its Johnson County Landfill. The facility is located at 18181 W. 53 rd St. in Shawnee.

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.

KDHE has scheduled a public hearing regarding a proposed expansion of the Johnson County Landfill. The hearing will be held on Thursday January 4, 2007 at the Shawnee Civic Center, Little Theatre, 13817 Johnson Drive in Shawnee.

Note to reporters: A copy of KDHE’s administrative order assessing the fine will be faxed upon request. Please email Mike Heideman at mheidema@kdheks.gov to request a copy of the order.

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