What Should the Legislature Do About Water Quality Standards?
You should follow the dictates of the Clean Water Act, which is legally binding upon the state of Kansas. Kansas signed a memorandum of understanding with EPA approximately 25 years ago, whereby the state agreed to carry out the Clean Water Act on behalf of the federal government in return for receiving millions of dollars of federal funds every year. Currently, over 80% of KHDE s budget comes from transfers from the federal government through EPA. There is already a citizen complaint filed with EPA requesting withdrawal of this state s authority to carry out the Clean Water Act and issue permits. That is because the Kansas Supreme Court, in an opinion issued last spring, cited Kansas failure to comply with certain provisions of federal regulations allowing for direct judicial appeals in state district court of permits issued by KDHE. The KDHE Secretary asked the legislature to remedy that situation last year but the legislature refused to act. EPA is currently reviewing the state s co
