Water
Quality Policy and Institutional Framework
Working Draft
Released
for Public Review by the
June 2,
2006
Table of Contents
Page
1.
Overview
.................................................................................................................................. 3
a.
Clean
Water Act...................................................................................................... 3
b.
c.
Watershed
Approach............................................................................................... 4
2.
a.
3.
Surface
Water Quality: Clean Water Act Compliance.............................................................. 6
a.
Water
Quality Standards......................................................................................... 6
i.
b.
Water
Quality Monitoring and Assessment............................................................. 7
i.
Section
305(b) Report................................................................................. 7
ii.
Section
303(d) List....................................................................................... 8
iii.
Other
Assessment Information.................................................................... 8
c.
National
Pollutant Discharge Elimination System................................................... 8
i.
Municipal...................................................................................................... 9
ii.
Industrial...................................................................................................... 9
iii.
Stormwater................................................................................................. 9
iv.
Confined Animal Feeding Operations........................................................ 9
d.
Total
Maximum Daily Loads.................................................................................... 9
i.
Critical
Water Quality Management Areas................................................ 10
ii.
Pesticide
Management Areas................................................................... 10
iii.
Sanitation
Zones........................................................................................ 10
iv.
Source
Water Protection Planning............................................................ 10
4.
Surface
Water Quality: Other Plans, Programs and
Strategies............................................ 10
a.
Surface
Water Nutrient Reduction Plan................................................................ 11
b.
i.
Wetland
and Riparian Area Protection...................................................... 14
c.
d.
i.
Federal
Programs...................................................................................... 15
ii.
State
Programs.......................................................................................... 16
iii.
Local
Programs......................................................................................... 17
5.
Ground
Water Quality: Overview............................................................................................ 18
a.
Resource
Conservation and Recovery Act
and Related Federal Statutes................................................................................ 18
i.
b.
Ground
Water Quality Monitoring.......................................................................... 19
c.
Remediation
of Contamination Sites..................................................................... 19
i.
Oil
and Gas Related Sites........................................................................ .20
6.
7.
Selected
References............................................................................................................... 21
8.
Contact
Information................................................................................................................. 21
Water
Quality Policy and Institutional Framework
Working Draft
Released
for Public Review by the
June 2,
2006
The Kansas Water Plan
is the cornerstone of a four-step process (planning, plan implementation,
operation and evaluation) through which the State of
The purpose of this Kansas
Water Plan Section is to describe the policy and institutional framework
through which water quality protection and restoration is addressed in
River basin sections of the Kansas Water Plan provide additional detail about priority basin
issues, including water quality. Twelve major river basins,
covering the entire state, are used for planning purposes.
Overview
In a broad sense, substances contributing
to water pollution come from either point or non-point sources. Point sources
of pollution are those that can be tied to a specific point of discharge, such
as a factory, wastewater treatment plant, or large livestock feeding operation. Non-point pollutant sources generally involve
contaminants carried overland in storm runoff from large land areas such as
agricultural fields.
Governments at all levels; federal,
state and local, as well as individual citizens play an important role in
collectively ensuring that water quality goals are achieved and maintained.
Clean Water Act
The federal Clean Water Act provides the framework for
management of water quality in the nation’s surface waters. Initially enacted
in 1948 as the Federal Water Pollution Control Act, the Clean Water Act, as it
has come to be known, was significantly expanded and strengthened in 1972,
amended in 1977 and reauthorized in 1987. Two fundamental goals of the Clean
Water Act are to: 1) eliminate the discharge of pollutants into the nation’s
waters, and 2) achieve water quality standards such that all waters are
fishable and swimmable. No such umbrella federal legislation exists for ground
water.
Initially, the Clean Water Act focused on point sources of
pollution. The primary management tool was discharge permits issued by the
states as part of the National Pollutant Discharge Elimination System. Section
319 of the 1987 reauthorization added a focus on non-point pollutant sources.
State-established surface water quality standards, approved
by the U.S. Environmental Protection Agency (EPA) are perhaps the keystone of
the Clean Water Act. States are required to submit an assessment of surface
water quality conditions to the EPA every two years. A list of impaired waters
not meeting water quality standards must also be submitted every two years for
EPA approval. Total Maximum Daily Loads must be developed for waters that are
chronically impaired.
Other federal legislation of significance to water quality
includes the Resource Conservation and Recovery Act of 1976, the associated
Comprehensive Environmental Response, Compensation and Liability Act
(Superfund) of 1980, and the Superfund Amendments and Reauthorization Act of
1986. These acts address solid and hazardous wastes and storage tanks.
The 1996 amendments to the federal Safe Drinking Water Act,
while focused on finished drinking water at the tap, also called for source
water assessments of public water systems treating raw water. These assessments
identify potential sources of drinking water contaminants.
Primacy for administration and
enforcement of the Safe Drinking Water Act and other federal water quality
legislation has also been granted to
Kansas has also: 1.) established an extensive surface water
quality monitoring program; 2.) developed numerous Total Maximum Daily Loads to
restore impaired waters; 3.) implemented an innovative Watershed Restoration
and Protection Strategy (WRAPS); and 4.)
developed a nutrient reduction plan.
Watershed Approach
The nature of a watershed such as its geology, topography,
land use and land cover all influence the quality of water within the watershed
and at points downstream. Contaminant levels in a stream or lake usually
represent the combined impact of all such upstream inputs. Because of this,
The Water Resources Planning Act (K.S.A. 82a-901 et seq.)
provides the statutory authorization for addressing water quality management in
the Kansas Water Plan. This Act
established long-range goals for the management, conservation and development
of the waters of the state, including:
- Protection
and the improvement of the quality of the water supplies of the state; and
- Prevention
of the pollution of the water supplies of the state.
Policies for achieving these goals as stated in the Water
Resources Planning Act include:
- Identification
of minimum desirable streamflows to preserve, maintain or enhance
baseflows for in-stream water uses including water quality;
- Maintenance
of the surface waters of the state within the water quality standards
adopted by the secretary of health and environment;
- Protection
of the quality of the ground waters of the state;
- Provision
of financial and technical assistance to public corporations concerned
with water resources;
- Encouragement
of local initiative; and
- Encouragement
of the use of agricultural soil and water conservation practices to
control erosion.
In October 1998, the Kansas Water Authority approved
objectives for the year 2010 as part of the Kansas
Water Plan. Additional objectives for the year 2015 have also been
approved.
These objectives provide established targets for quantifying
progress in implementing the Kansas Water
Plan. Three 2010 Objectives address water quality protection and restoration
as follows:
- By
2010, reduce the average concentration of bacteria, biochemical oxygen
demand, dissolved solids, metals, nutrients, pesticides and sediment that
adversely affect the water quality of
- By
2010, reduce the average concentration of dissolved solids, metals,
nitrates, pesticides and volatile organic chemicals that adversely affect
the quality of
- By
2010, ensure that water quality conditions are maintained at a level equal
to or better than year 2000 conditions.
While an assessment of each of these objectives was
conducted, assessment of water quality monitoring data collected by the Kansas
Department of Health and Environment as required by the Clean Water Act is now
considered to provide a better basis upon which to identify trends and target
funding and program assistance to areas of greatest need.
Surface Water Quality: Clean Water Act Compliance
Water Quality
Standards
Section 303 of the Clean Water Act
requires the state to set surface water quality standards for waters within
their jurisdictions. Water quality standards define uses for water bodies and
identify specific water quality criteria for achieving those uses. These
standards also contain antidegradation policies designed to protect
improvements in water quality and existing high quality waters.
Once surface water quality standards
have been adopted by the states and approved by the U.S. Environmental
Protection Agency (EPA), they are used in determining National Pollutant
Discharge Elimination System permit limits, water body impairment status and
Total Maximum Daily Load endpoints.
Water quality standards consist of
three basic elements:
o
Designated
uses that describe the existing and/or potential uses of a waterbody or
segments thereof;
o
Water
quality criteria (typically allowable numeric pollutant concentrations)
necessary to protect the designated uses or uses of the waterbody; and
o
An
antidegradation policy to maintain and protect existing water quality.
Other policies and provisions
explaining how the standards are to be implemented etc. may also be part of
water quality standards.
Kansas Surface Water Quality
Standards - All
Kansas surface waters have been determined to be either classified, meaning
they are subject to meeting Kansas Surface Water Quality Standards (K.A.R.
28-16-28b et seq.), or
unclassified. The designated uses of
classified surface waters are listed in the Kansas
Surface Water Register and adopted by reference in K.A.R. 28-16-28d.
These designated use categories are:
o
Aquatic
Life Use (special, expected or restricted);
o
Contact
Recreational Use (five subcategories);
o
Domestic
Water Supply Use;
o
Food
Procurement Use;
o
Ground
Water Recharge;
o
Industrial
Water Supply Use;
o
Irrigation
Use; and
o
Livestock
Watering Use.
If a designated use for a specific
water body is contested, a Use Attainability Analysis may be conducted. Guidance has been developed by Kansas
Department of Health and Environment (KDHE) for conducting such analyses. In compliance with Substitute for Senate Bill
204 (K.S.A. 82a-2004b), enacted in 2001, KDHE is to make public a list of
currently classified stream segments for which:
o
Use
attainability analyses for designated uses other than recreational use have
been completed;
o
Use
other than recreational use has been determined not attainable; and
o
Use
attainability analyses for designated uses other than recreational use have not
been completed.
Water Quality
Monitoring and Assessment
The Kansas Department of Health and Environment
(KDHE) monitors water quality conditions in streams and publicly owned lakes
and wetlands throughout
These surface water quality monitoring programs or
networks are operated by KDHE:
KDHE:
Stream Chemistry Monitoring Program
KDHE:
Stream Biological Monitoring Program
KDHE: Lake
and Wetland Monitoring Program
KDHE: Fish
Tissue Monitoring Program
KDHE:
Compliance Monitoring Program.
In addition to these KDHE programs, the Kansas
Department of Wildlife and Parks (KDWP) surveys fish and macro-invertebrate
populations in streams which may serve as good surrogate indicators of water
quality:
KDWP:
Stream Assessment and Monitoring Program.
Among the uses of the information collected from the
KDHE monitoring programs are the following two products that the Clean Water
Act requires the states to submit to the EPA.
Section 305(b) Report – A biennial assessment of the
state’s surface water quality is required by the Clean Water Act. The 2006 Kansas
Water Quality Assessment, also known as the 305(b) Report, considers
four years of stream chemistry monitoring data (2002-2005), five years of
stream biological monitoring data (2000-2004), six years of lake and wetland
monitoring data (2000-2005), and three years of fish tissue contaminant data
(2002-2004). Collectively, this information allows water quality assessment of
18,493 miles of streams and 245,227 acres of publicly owned (or publicly
accessible) lakes and wetlands. This represents approximately 60 percent of the
state’s classified stream mileage and 95 percent of the state’s classified lake
and wetland acreage.
Monitoring data indicates that 53
percent of the state’s assessed stream mileage fully supports all designated
uses; 7 percent is fully supported but threatened for at least one use; and 39
percent is impaired for one or more uses. Approximately 15 percent of assessed
lake acreage fully supports all uses, while 76 percent is impaired for one or
more designated uses. Sixteen percent of wetland acres either fully support all
uses or lack sufficient data for evaluation; the remaining 84 percent are
impaired for one or more uses.
The major causes of non-support for
streams, in order of prevalence, are organic enrichment, high salinity, elevated
pH, and elevated E. coli bacteria concentrations. Major causes for lakes ad
wetlands include elevated nutrient levels, eutrophication, siltation, high
turbidity, and taste and odor problems.
Approximately 61 percent of the
state’s assessed lake acreage has exhibited no change in trophic condition in
recent years. Another 28 percent of the assessed acreage has experienced a
measurable increase in trophic state, while 4 percent has exhibited some
improvement in trophic condition.
Section 303(d) List – If monitoring indicates that a river segment or other
water body is consistently violating water quality standards, the water body is
deemed water quality impaired. Water
bodies not meeting water quality standards for their designated use(s) are identified
on the 303(d) List. Section 303(d) of
the Clean Water Act requires states to identify those waters that fail to meet
surface water quality standards and submit a list of such waters to the EPA
every two years. Information from the KDHE water quality monitoring networks is
used in this identification. The 303(d) List is used to identify those waters
targeted for the development of total maximum daily loads.
The 2004 Kansas Section
303(d) List of Impaired Waters was approved by the EPA in December
2005. This list contains 1,639 water quality limited stream segments. Of these
segments, 877 are newly listed in 2004; 127 segments originally listed in 1998
are carried-over to 2004; and 635 segments originally listed in 2002 are
carried over to 2004.
Other Assessment Information – In the late 1990s the EPA and the
U.S. Department of Agriculture-Natural Resources Conservation Service (NRCS)
lead the development of a Clean Water Action Plan for enhancing implementation
of the Clean Water Act. This plan called for conducting unified watershed
assessments as part of implementing watershed restoration action strategies.
A Kansas Unified Watershed
Assessment project was facilitated by KDHE and the NRCS in 1998.
Water quality monitoring data and other natural resource condition information
were used in the assessment. Unified Watershed Assessments were a key part of
the federal Clean Water Action Plan which also included watershed restoration
action strategies. These strategies were a predecessor to the current watershed
restoration and protection strategies (WRAPS).
Of 92 HUC-8 level watersheds examined in
Watershed Condition
Reports prepared by
KDHE provide residents with additional information with which to assess
conditions within their watershed. A joint effort is being initiated by the
NRCS and KDHE to conduct Rapid Watershed Assessments that will include
estimates of conservation needs within the watershed.
National Pollutant Discharge Elimination System
As authorized by the Clean Water Act, the National Pollutant
Discharge Elimination System (NPDES) permit program controls water pollution by
regulating point sources that discharge directly into waters of the
An NPDES permit is a license for a facility to discharge a specific
amount of a pollutant into a waterbody under certain conditions to protect
human health and the integrity of aquatic life. The Kansas Department of Health
and Environment (KDHE) is the U.S. Environmental Protection Agency (EPA)
delegated permitting authority for NPDES permits in
Municipal – The Municipal Programs Section of
KDHE regulates discharge from municipal waste treatment facilities. Municipal
wastewater treatment infrastructure plays an important role in meeting
established water quality goals. Replacement and routine maintenance of this
infrastructure can present a significant financial challenge for communities. Construction
grants available under the Clean Water Act and administered by KDHE provide 50
to 75 percent of eligible project costs. The Clean Water Act also authorized
Industrial - The Industrial Programs Section of
KDHE administers regulatory permitting programs for the handling, treatment and
disposal of industrial wastewater and the pretreatment of industrial wastes
directed to municipal wastewater collection and treatment systems subject to
federal Clean Water Act provisions or Kansas surface water quality standards.
Stormwater – The Clean Water Act amendments of 1987 required the EPA
to adopt regulations to require NPDES permits of stormwater dischargers. The Kansas Municipal Stormwater Program
has designated 39 entities within five urbanized areas and 19 municipalities
outside of these urbanized areas as regulated municipal separate storm sewer
systems requiring individual stormwater NPDES permits. In addition, two general
permits have been developed; one for small municipal separate storm sewer
systems in urbanized areas and the other for small systems outside urbanized
areas. Urbanized areas include
The Industrial Programs Section manages permits for stormwater
discharges associated with construction and industrial activities.
Confined Animal Feeding Operations - In
The Clean Water Act requires states to conduct Total Maximum
Daily Load (TMDL) studies and develop TMDLs for water bodies identified on the
state’s List of Impaired Waters (Section 303(d) List). TMDLs are quantitative
objectives and strategies needed to achieve the state’s surface water quality
standards. The process of developing TMDLs determines:
- The
pollutants causing water quality impairments;
- The
degree to which applicable water quality standards are not achieved;
- The
levels of reduction in pollutant loading needed to achieve the standards;
- Corrective
actions to be implemented in the watershed that affect the water quality
of the impaired waterbody;
- Monitoring
and evaluation strategies to assess the impact of the corrective actions;
and
- Provision
for future revision of TMDLs based on evaluations.
In 1995, a complaint was filed against the U.S.
Environmental Protection Agency (EPA), compelling it to enforce Section 303(d)
of the Clean Water Act by establishing TMDLs in
The
KDHE:
Total Maximum Daily Load Program.
The initial round of TMDL submissions will be completed by
June 30, 2006, with submission of TMDLs for the
Implementation of high priority TMDLs is included in each Kansas Water Plan basin section as a
basin priority issue. Mechanisms
existing under state authority to manage pollutant loadings, particularly those
of a non-point nature are described below.
Critical Water Quality Management Areas - KDHE has authority to establish
Critical Water Quality Management Areas (CWQMAs) (K.A.R. 28-16-70) under the
authority of K.S.A. 65-171a and 171d, and K.S.A. 65-3301 et seq. Watersheds may be designated as a CWQMA because of
pollutant sources that may cause damage to resources of the state; public
nuisance or health hazards; destruction of fishery habitat; excessive
deposition of sediment; additional risk to threatened or endangered species; or
violation of water quality standards. Pollutant sources within a CWQMA are
evaluated and a management plan is developed.
Pesticide Management Areas - The Kansas Department of
Agriculture has authority (K.S.A.2-2472) to develop Pesticide Management Areas
(PMAs) when notified by the EPA or KDHE that a pesticide that poses a serious
threat to the public health, safety and welfare or to the natural resources of
the state. A technical advisory committee is used in establishing the PMA
boundaries and in developing a management plan.
Sanitation Zones - K.S.A. 65-187 gives the secretary
of health and environment authority to adopt rules and regulations designating
and establishing Sanitation Zones to regulate and control development of areas
around certain water impoundments to prevent pollution, assure sound and
economical development and maintain healthy and sanitary conditions.
Source
Water Protection Planning – The Safe
Drinking Water Act requires KDHE to provide assistance and coordinate the
completion of public water system source water assessments as described
elsewhere in this Kansas Water Plan
Section. While the Safe Drinking Water
Act does not require source water protection plans to be developed, KDHE
encourages public water supplies and their surrounding communities, on a
voluntary basis, to use the source water assessments as the foundation for
future protection planning efforts.
Surface Water Quality: Other Plans, Programs and Strategies
While not necessarily tied directly to compliance with the
Clean Water Act, the following plans, programs or strategies enhance
achievement of its goals. Also, while primarily addressing surface water quality,
these items may address ground water quality as well.
Surface Water Nutrient Reduction Plan
Nutrients including phosphorus and nitrogen are one of the
greatest impediments to achieving improved quality of surface waters in
The U.S. Environmental Protection Agency has requested that
all states develop plans to establish water quality criteria for nutrients in
surface waters.
As indicated in the Nutrient Reduction Plan, approximately
51,000 tons of total nitrogen and 7,700 tons of total phosphorus are exported
from
An overall target of a 30 percent reduction in the total
export of both total phosphorus and total nitrogen from
Percentage reductions needed to achieve this overall 30
percent export target will vary by river basin. Figures 1 and 2 show a
county-level improvement potential index for total phosphorus in surface waters
and total nitrogen in surface waters, respectively. This index was devised to
screen counties based on the relative potential improvement that could be
expected from implementation of non-point source best management practices.
Higher index values indicate a greater potential for improvement.
The proposed
Specific actions necessary to meet the 30 percent reduction
target are expected to be developed through Watershed Restoration and
Protection Strategies and establishment of high priority Total Maximum Daily
Loads. The policy infrastructure for both approaches is in place.
A Kansas Watershed Restoration and Protection Strategy
(KS-WRAPS) was adopted in 2004 through a KS-WRAPS Memorandum of
Agreement among member agencies of the Governor’s Natural Resources
Sub-cabinet. This effort was initiated
as a component of the Kansas Water Plan Projects
Initiative of the Kansas Water Authority.
The strategy provides the general program framework and guidance for
development and implementation of individual watershed restoration and
protection strategies (WRAPS) in priority watersheds. Watersheds above federal reservoirs that
provide public water supply benefits are identified as areas of significant
state interest for WRAPS development and implementation (See Figure 3). As of April 2006, WRAPS projects were
underway or proposed for each of these 20 priority federal reservoir
watersheds. Implementation of WRAPS is
also encouraged in Unified Watershed Assessment Category I and II watersheds.
Each local WRAPS project provides a planning and management
framework that engages stakeholders in a process to:
- Identify
watershed restoration and protection needs.
- Establish
watershed management goals.
- Create
a cost-effective action plan to achieve goals.
- Implement
the action plan.
A local stakeholder leadership team oversees each WRAPS
project. Clean Water Act-Section 319
grants and the State Water Plan Fund provide funding to local sponsors for WRAPS
development, assessment, planning and implementation projects to supplement
other available funding sources.
Projects are funded on a priority basis considering state and local
interests and project history.
In State Fiscal Year (SFY) 2006, a total of $2.0 million was
appropriated for WRAPS projects. This includes $800,000 from the State Water
Plan Fund and $1.2 million from federal Clean Water Act-Section 319 grants. An
additional $800,000 has been requested from the State Water Plan Fund for SFY 2007
which would again be paired with $1.2 million in federal funding. Projects may
receive funding from either source or a combination of both. The Kansas
Department of Health and Environment administers the project grants in
consultation with an interagency WRAPS Work Group.
As of January 2006, there were 45 WRAPS-related projects
located throughout
Wetland and Riparian Area Protection – Wetland and riparian areas are
important elements of a properly functioning watershed. Benefits derived from
riparian or streamside areas include erosion and sediment control, timber
production, wildlife habitat, water quality protection, recreation and
aesthetic values. Wetlands in
The primary policy of the state regarding wetland and
riparian area management is to facilitate the protection of these areas from
conversion or channel modifications and to stabilize streams which have been
adversely affected by channel modification activities. Alterations to stream channels are regulated
under state and federal laws. In addition, federal regulations protect some
wetland areas from being filled in, and require compensatory mitigation for
unavoidable losses. There are no state
regulations that protect wetland or riparian areas. However, the state promotes the restoration
and enhancement of these areas to maintain or maximize environmental
benefits.
Wetland and riparian area management is a key strategy in
implementing Total Maximum Daily Loads and in addressing high priority
biological areas. Development and
implementation of Watershed Restoration and Protection Strategies is expected to enhance this effort and result in
pro-active protection activities.
A Kansas
Wetlands and Riparian Areas Protection and Restoration Implementation Plan
was completed by the Kansas Water Office and the Kansas Alliance for Wetlands
and Streams in 2003 utilizing a grant from the U.S. Environmental Protection
Agency.
Please see the Kansas
Water Plan Wetland
and Riparian Management Section for a full description of the
policies and institutional framework upon which wetland and riparian area
restoration and protection efforts are undertaken.
The Safe Drinking
Water Act originally enacted by Congress in 1972, was amended in
1986 and 1996. Originally, the Safe Drinking Water Act focused primarily on
treatment as the means of providing safe drinking water at the tap. The U.S.
Environmental Protection Agency (EPA) was authorized to set national primary
standards for drinking water. The EPA has designated the Kansas Department of
Health and Environment (KDHE) as having primary responsibility for
administering and enforcing the Safe Drinking Water Act in
The 1996 amendments broadened the scope of the Safe Drinking
Water Act, recognizing source water protection, operator training, funding for water
system improvements and public information as important components of safe
drinking water. Please see the Kansas
Water Plan Public
Water Supply Section for a full description of the policies and
institutional framework upon which public water systems are managed.
The Safe Drinking Water Act requires each state to develop a
Source Water Assessment Program. Wellhead protection is included. Additionally,
states are required to develop a source water assessment for each public water
system that treats raw source water.
KDHE has completed source water assessments for all 763
Spillage of solvents, pesticides and other chemicals;
illegal dumping of wastes: abandoned industrial facilities and landfills;
leaking storage tanks, oil and gas exploration and production; and surface
mining are each examples of potential source water contamination sources.
Federal Programs - Federal programs play a significant role in addressing
non-point source pollution concerns in
The U.S. Department of Agriculture, Natural Resources
Conservation Service (NRCS) has several programs that address water quality
related issues. The Conservation
Reserve Program (CRP) is a voluntary program that provides annual
rental payments to agricultural producers to safeguard environmentally
sensitive lands by planting long-term, resource conserving vegetation to
control soil erosion improve water quality and enhance wildlife habitat. Program signups are held periodically. A continuous signup provision of the CRP
provides funding for installing vegetative buffers and other practices to
protect rivers and streams and other environmentally sensitive areas.
As of January 2006, over 3 million acres were enrolled in
the CRP in
The NRCS Environmental Quality
Incentive Program (EQIP) provides technical and financial assistance
to eligible farmers and ranchers to address soil, water, air and related
natural resource concerns on their agricultural land. State water quality priority areas, such as
high priority Total Maximum Daily Load watersheds, source water assessment
areas and federal multipurpose reservoirs are considered in the evaluation
criteria for ranking and funding EQIP applications. A current status of EQIP projects in
The NRCS Conservation Security Program provides financial incentives for producers who
meet established standards for conservation and environmental management on
their operations. The program is
administered on a priority HUC-8 watershed basis. Ten priority watersheds have been approved
in
The U.S. Environmental Protection Agency Section 319
Grant Program is administered through the Kansas Department of
Health and Environment (KDHE). Local
projects funded through this program are designed to eliminate or minimize
non-point source pollution through the use of locally-driven management
strategies and programs.
The U.S. Geological Survey is involved
with a variety of water quality monitoring and assessment projects that assist
cooperators in addressing water quality related issues.
State Programs - The State Conservation Commission (SCC) has several
programs that provide cost-share assistance to agricultural producers and other
landowners for implementing best management practices that enhance water
quality, reduce soil erosion and protect or restore riparian and wetland
resources. These programs are funded
through the State Water Plan Fund and address priorities established in the Kansas Water Plan. SCC programs are administered through county
conservation districts, located in each of the State’s 105 counties.
The
The KDHE Watershed Management Section
administers the EPA Section 319 Grant Program which provides funding for a
variety of water quality and watershed related projects. The Local Environmental Protection Program
(LEPP) provides funding to local units
of government for adoption and implementation of county environmental
codes. A current status map
showing counties participating in the LEPP is available on the KDHE
website.
University affiliated programs play an important role in
water quality restoration and protection.
The Kansas State University Research and
Extension Program encompasses a variety of water quality related research
projects as well as supporting watershed assessment and planning
activities through county extension
agents and watershed specialists. The Kansas Biological Survey
and the Kansas
Geological Survey at the
The Kansas
Department of Agriculture administers programs relating to the use
and regulation of pesticides and fertilizers.
Local Programs - Local governing bodies, agencies and organizations play a
vital role in addressing non-point source pollution issues at the community
level. Although ownership of water in
Conservation
districts
administer a number of natural resource programs addressing water quality, soil
erosion, wildlife habitat and other resource concerns. The SCC provides cost-share funding to
landowners for implementation of best management practices through local
conservation district programs.
Conservation districts also work closely with the NRCS to implement Farm
Bill programs and their offices are generally co-located. All 105 counties in
Watershed districts prepare plans and implement projects
that address rural flooding, sedimentation, and related resource concerns. Historically, construction of watershed dams
has been the primary mechanism utilized with cost-share assistance for planning
and construction received through state and federal programs. In recent years, with decreased funding and
increased regulatory requirements for dam construction, watershed districts
have been exploring additional options to address these concerns and related
issues.
Resource
Conservation and Development Councils (RC&D), supported by the NRCS, improve the
capability of local leaders in designated
RC&D areas to plan and carry-out projects for resource conservation and
community development. Program objectives focus on enhancing the
quality-of-life through regional cooperation with the goal to attain and
maintain economic viability that is compatible with natural resource
conservation and a quality environment.
Councils have a role in administering regional grant projects such as
Watershed Restoration and Protection Strategy projects that cross political
boundaries.
City and County governments have
numerous authorities to address local land use planning and management issues,
including water quality protection and restoration. Comprehensive land use planning and zoning
authorities provide the foundation for addressing many of these issues. Effective watershed management ultimately
requires that natural resource restoration and protection measures be
incorporated into community land use plans and policies. National Pollutant Discharge Elimination
System (q.v.) permitting programs for municipal wastewater treatment plants and
urban stormwater management are also implemented through local
governments.
Environmental and Conservation Organizations are actively involved in promoting water resource
protection and restoration efforts through a variety of activities including
information and education, stakeholder organization and on-the-ground
projects. In some instances, these
organizations serve as sponsors for local WRAPS projects.
Ground Water Quality: Overview
As indicated previously, no umbrella federal ground water
quality legislation comparable to the Clean Water Act has been enacted.
Emphasis at both the federal and state levels has been on regulation of solid
and hazardous waste disposal, storage tanks, and remediation of previously
contaminated sites. Much of this
emphasis has its roots in concerns about drinking water quality and enhances
attainment of federal Safe Drinking Water Act goals.
While the following certainly may have surface water
implications, ground water aspects tend to take precedence in
Resource Conservation
and Recovery Act and Related Federal Statutes
The federal Resource Conservation
and Recovery Act (RCRA) was enacted in 1976 to ensure that the huge
volume of municipal and industrial solid waste generated nationwide were
managed properly. Four goals were set by
RCRA including protection of human health and the environment from the hazards
posed by waste disposal. Three interrelated programs were established to meet
these goals:
- Solid
Waste Program
- Hazardous
Waste Program
- Underground
Storage Tank Program
Although RCRA created the framework for proper management of
solid waste, it does not address the problems of hazardous waste found at
inactive or abandoned sites or those resulting from spills that require
emergency response. These problems are addressed by the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA), commonly
called Superfund,
which was enacted in 1980. CERCLA was amended by the Superfund Amendments
and Reauthorization Act (SARA) in 1986.
Federal and state law requires reporting of accidental
spillage of any materials that may pollute water, air or soil. An exception
(K.A.R. 82-3-603) is made for very minor spills and escapes occurring at oil
and gas exploration and production sites. Cleanup of these spills is required.
The
Ground Water Quality
Monitoring
The Kansas Ground Water Monitoring Program was
managed and operated by the Kansas Department of Health and Environment from
1990 through 2001. However, the ground
water quality network was discontinued in fiscal year 2002 due to budget
cuts. The 1990-2001 data includes 1,736
analyses from a maximum of 200 wells used for public water supply,
rural/domestic water supply, irrigation, livestock watering, industrial water
supply, ground water monitoring, or a combination of these uses that were
sampled for inorganic chemistry, pesticides, volatile organic compounds,
radionuclide and radon samples.
The primary objective of this monitoring program was
to provide reliable information on ground water quality for use in the
identification of any temporal and spatial trends in aquifer chemistry
associated with alterations in land use patterns, advances in land treatment
methods and other resource management practices, changes in ground water
availability or withdrawal rates, and regional climatic variations.
Ground water quality is also
monitored for specific projects or areas by state and local agencies including
the Kansas Department of Health and Environment, Kansas Geological Survey;
Kansas Corporation Commission; Kansas Department of Agriculture and the
groundwater management districts.
Remediation of
Contaminated Sites
Remediation involves the assessment, investigation, cleanup
and monitoring of contaminated sites. Once reported, potentially contaminated
sites are inspected to assess the immediate and long-term health and
environmental risks. If the site poses an immediate risk, emergency response
actions are taken. If the site is determined to pose a treat to human life or
the environment, an investigation is conducted to characterize the magnitude
and extent of contamination and to evaluate whether remediation may be needed.
Remediation of a site may require removal (excavation of
soil, drum removal), on-site clean up, off-site treatment or containment of
contaminants. Where human health is threatened, alternate drinking water
supplies may be provided.
The Kansas Department of Health and Environment (KDHE) encourages
those responsible for the contamination to work cooperatively to achieve an
appropriate cleanup. However, at so-called orphan sites a responsible party
can’t be identified, or is unable or unwilling to participate in remedial
actions. The State Water Plan Contamination Remediation Program was developed
specifically to provide a means of addressing such sites which, for whatever
reason, fall outside the scope of other programs. Funding is provided through
the State Water Plan Fund. The following link provides additional information.
KDHE: State Water Plan
Remediation Program
Contamination sites in the State Water Plan Contamination
Remediation Program are prioritized based upon health risk to identify those
sites requiring immediate attention. The majority of sites are being addressed
in response to ground water impacts that have affected public and/or private
drinking water wells.
As of December 31, 2005, there were 84 sites in the State Water
Plan Contamination Remediation Program. Site summaries
for all sites currently being managed through this program are available.
Information regarding all contaminated sites managed by KDHE, regardless of
program, is available in the Identified Sites List.
Oil and Gas Related Sites - Abandoned oil and gas wells present a significant
public safety and water contamination potential unless properly plugged. The
Abandoned Oil and Gas Well / Site Remediation Program of the Kansas Corporation
Commission (KCC) uses monies from the Abandoned Oil and Gas Well / Site
Remediation Fund established in 1996 to plug abandoned wells and remediate
surface and ground water contamination related to oil and gas activities. An
annual revenue transfer from the State Water Plan Fund helps provide funding. A
map showing the location of all abandoned oil and gas wells plugged since 1996
is available. The following link provides additional information.
KCC: Abandoned Oil and Gas
Well / Site Remediation Program
Priority basin issues related to water quality have been
identified in eight Kansas Water Plan
basin sections. These issues include High Priority Total Maximum Daily Loads
(TMDLs) and Watershed Protection and Restoration which incorporates achievement
of TMDLs, development of source water protection plans and restoration and
protection of wetland and riparian areas.
Following are links to these priority basin issues
identified in the basin sections:
Selected References
The
Kansas WRAPS Work Group.
Kansas Department of Health and Environment, Bureau of
Water. Surface Water Nutrient Reduction
Plan. December 29, 2004.
Contact Information
Kansas Corporation Commission
Conservation Division
130 South Market, Room
2078
(316) 337-6211
public.affairs@kcc.state.ks.us
Kansas Department of Agriculture
Division of Water
Resources
(785) 296-1176
DWR@kda.state.ks.us
Kansas Department of Health and Environment
Division of
Environment
1000
(785) 296-1535
info@kdhe.state ks.us
(785) 296-3185
kfreed@kwo.state.ks.us
State Conservation
Commission
(785) 296-3600
cgreene@scc.state.ks.us
Region 7
(913) 551-7003
USDA Natural Resources
Conservation Service
State Office
760 South Broadway
(785) 823-4500
USDA Farm Service Agency
(785) 539-3531