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Augusta approves KDHE consent decree, pays $3,750 fine over late permit renewal
Summary
Council approved a KDHE consent decree resolving a late renewal of an operating permit for Power Plant No. 2; KDHE reduced the penalty to $3,750 and staff said changes in permit class may prevent future similar requirements.
The Augusta City Council voted to enter a consent decree with the Kansas Department of Health and Environment (KDHE) resolving a late permit renewal for Power Plant No. 2.
Staff explained the city failed to submit the renewal six months ahead of expiration, a statutory requirement for the class of permit the facility currently holds. KDHE agreed to reduce a proposed $5,000 penalty to $3,750 in the consent decree, which staff said would resolve penalties for the violation.
Staff told the council the missed timing was an honest administrative error by staff who had not handled that five‑year renewal before; KDHE also informed the city that the agency had stopped sending renewal reminders. Staff said the city is exploring reclassification to a class‑2 permit, which would remove the earlier six‑month‑advance renewal requirement and reduce the chance of a repeat error.
The council moved, seconded and approved the consent decree and authorized the city manager to sign the agreement. Staff said they will share the example with other member cities and follow up on internal process changes to prevent recurrence.
Why it matters: The action resolves an administrative violation with a modest fine and highlights the city’s compliance obligations under KDHE permitting rules; staff said they will seek a permit classification change to reduce future administrative exposure.
