Johnson County manufacturer knowingly dumped hazardous materials into sewer, EPA says
The owner of a Johnson County manufacturing business is accused of knowingly allowing hazardous materials to be dumped into the sewer system in violation of the federal Clean Water Act, according to court records.
A complaint filed Thursday in the U.S. District of Kansas alleges Disposable Instrument Company, based in Lenexa, began bypassing a treatment system for wastewater disposal as early as 2016. It further accuses the company’s president, Brian Chansky, of a criminal offense for violating the law.
A call placed to the business on Friday afternoon seeking comment from Chansky was not immediately returned. An employee said Chansky was out of town and not expected to return until Monday.
According to court documents, Chansky has acted as president of the company since about 2015. Disposable Instrument Company has approximately 15 employees and produces medical and surgical components through a process that uses heavy metals.
Federal prosecutors say the manufacturing process involves parts being washed and then treated with acid and another chemical. Under the approved method, the company was supposed to put water used in the manufacturing process through a three-sectioned tank that included filters and other chemicals before going into the sewer.
According to the criminal complaint, a whistleblower alerted Chansky in August 2018 that employees were bypassing the process by dumping in the back parking lot of the facility and letting chemicals go directly into the sewer.
“By bypassing the pretreatment process and dumping hazardous material into the (Disposable Instrument Company) dumpster and the Johnson County sewer system, the company saved money and resources that would have been devoted to proper disposal practices,” prosecutors said in the complaint.
The Environmental Protection Agency investigated alleged violations that year in part by installing devices in manholes to measure the water flowing to and from the facility. An EPA lab in Denver analyzed data that showed the company was exceeding its allotted wastewater discharge limit on 10 of the 39 days that the devices were there, according to the complaint.
Prosecutors also say the company reduced the amount of hazardous material waste that was shipped away while doing the same amount of business.
Under federal law, Chansky faces a maximum penalty of three years in prison, followed by one year of supervised release, along with a $50,000 per-day fine.