By JIM McLEAN
TOPEKA, Ks., Oct. 6, 2000 (The Capital-Journal)—Two Kansas environmental groups told federal regulators Wednesday to expect another lawsuit if controversial new water quality standards aren't in place by Dec. 3.
The Sierra Club and the Kansas Natural Resources Council notified Carol Browner, administrator of the U.S. Environmental Protection Agency, of their intent to sue the agency if the water standards aren't implemented within 60 days. The groups said the regulations, which are extremely unpopular with farmers, ranchers and city administrators, should have taken effect Sunday.
"We consider ourselves a law and order organization," said Charles Benjamin, a Lawrence attorney who represents the Kansas Chapter of the Sierra Club. "The law says 'shall,' not 'if they feel like it.' The words are very clear."
The law in question is the federal Clean Water Act. Last year, the Sierra Club and the KNRC filed a lawsuit against the EPA, charging it hadn't required Kansas officials to fully implement the 1972 law. The EPA settled the litigation this past May and agreed to propose more stringent regulations, which among other things would require the state to justify its designation of 164 lakes and 1,292 streams as unsuitable for "primary contact" recreation, such as swimming.
In addition to the stream-use issue, the new standards address what the EPA sees as deficiencies in state standards on streams with low flows, stream beds where waste discharges create the only flow and limitations on certain pollutants.
But perhaps the most controversial element of the regulations is a section that gives the EPA authority to regulate "privately owned waters." Farmers and ranchers fear the agency will require them to keep their farm and stock ponds free of animal waste and safe for swimming. Despite repeated assurances to the contrary from EPA officials, their concerns remain.
Patty Clark, a spokeswoman for the Kansas Farm Bureau, said the environmental groups' intent-to-sue notice complicated an already difficult implementation process.
"I think it makes it even more divisive," Clark said. "It accomplishes nothing."
Clark said the Farm Bureau and a coalition of agriculture and municipal groups might file their own lawsuit if the EPA decides to impose what she called unreasonable water quality standards.
"What we will do has not been determined yet," she said.
Jamie Clover Adams, the state's agriculture secretary, also is critical of the standards, arguing that they are intrusive and emphasize paperwork over common sense and results. She said it appeared the environmental groups are trying to rush the EPA into imposing unworkable regulations.
"It just sounds to me like they don't want the EPA to consider what people are bringing forth," Adams said. "I hope the EPA doesn't bow to that pressure."
When the EPA first proposed the new standards in July, they were on a fast track for implementation. But objections about the pace from powerful members of the state's congressional delegation —- most notably Sen. Pat Roberts —- convinced the agency to delay public hearings and extend the public comment period until Oct. 16.
Noting that the Clean Water Act was passed nearly 30 years ago, Benjamin contends Kansas environmentalists have been more than patient.
"It's about time to get the Clean Water Act enforced in Kansas," he said. "If they (agricultural groups) don't like it, all they have to do is get their friends in Congress to change the law. But they know that isn't going to happen because there is widespread public support for the Clean Water Act."
Officials in the EPA's regional office in Kansas City weren't available for comment Wednesday.
The Associated Press contributed to this report.
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