Cooperation smoothes path between local, state health and environment officials

Dec. 17, 2004

Sarah Hill

The Hutchinson News

Two divisions, one government agency.

At the Kansas Department of Health and Environment, the cooperative effort between both divisions works to satisfy both federal and local problems.

Kansas is one of a handful of states with a combined health and environment department - an approach that provides cities, counties and the state a great deal of flexibility.

"One of the things we find when we're working on health issues is that there's often an environmental component to them, and vice versa," said Sharon Watson, spokeswoman for KDHE. "There are many times when those two divisions work very closely on issues."

And the agency's two divisions also work closely with cities and counties, sometimes standing in for federal agencies.

 

Providing a link

Intergovernmental cooperation in Kansas takes place despite an absence of legal responsibility.

Unless enforcing a state statute, local health departments are responsible to the counties they serve, not to KDHE, Watson said.

County health departments govern local sanitation codes and private water and wastewater systems, said Judy Seltzer, director of the Reno County Health Department.

"In a sense, local health departments are independent of KDHE," Watson said. "They look to us for guidance and recommendations, but they're not required to follow us by statutory guidelines."

Local departments do follow directions given by the state, Seltzer said, but most often act as a local branch of the government as far as citizens are concerned.

"We're a link between the citizenry and the state," she said. "We'll sit in on meetings that KDHE has with the city or whoever has a problem, so we can answer questions if people call in."

The state has a similar arrangement with the Environmental Protection Agency, Watson said. The federal government has delegated the responsibility to enforce regulations for livestock operations, air quality, wastewater management and remediation to the state.

In turn, the EPA partially funds the programs that carry out inspections or enforcement - under guidelines similar to the state's regulations.

"Most of what we're doing in those areas is carrying out what otherwise would have been done with the EPA," Watson said. "They've delegated the authority to us, but we're working to get to the same goal."

 

State, local cooperation

State statutes bind the governments together on certain health and environment issues, but the gray area of non-mandated cooperation often yields better results.

That was the case when contamination was discovered at a water well in Hutchinson's east-side industrial district. The situation could have led to the federal government designating the area as a Superfund site, freezing land transactions and labeling the area an environmental disaster.

Carbon tetrachloride, a fumigant used at nearby grain elevators, had leached into the ground near the well at 4th and Carey Boulevard, contaminating the groundwater.

When the city sought a solution, KDHE was more flexible in dealing with local officials than the EPA, said Dennis Clennan, engineer and public works director for the city of Hutchinson.

The federal government likely would have required a system to contain the contaminated plumes along with measures to remove the contaminants from the water.

The city's solution - adding a reverse osmosis system to purify the city's water supply - solved both problems with one step.

"When we use the reverse osmosis system, we'll be pumping those plumes forever," Clennan said. "We went to KDHE and said, 'Look, we don't need to contain the plumes because we'll be cleaning that water.'"

In some cases, as long as the federal environmental regulations are satisfied, the EPA will allow local governments to work with the state, Watson said. The EPA delegated the ability to oversee remediation projects to KDHE.

"We prefer working with state regulatory agencies as opposed to federal agencies on something that's problematic," Clennan said. "I think that feeling is widespread in cities across the state."

 

Partnering with KDHE

Salina faced a similar situation when officials learned of contamination under the city's downtown area.

Leaders worked directly with the state to clean up the area, and the city saved time and legal fees that could have been tied up for years in dealing with an EPA Superfund designation, said Salina Public Works Director Shawn O'Leary.

Because each situation is different, it's not always possible for the state and the city to work together on an environmental remediation project, O'Leary said.

But when it's allowed, such partnerships usually smooth the path for city governments.

"I think it just complicates matters - at least, that's been our experience," O'Leary said of working with the federal government. "Ultimately, the solution takes place at the local level, even if it's something that's dictated at the state or federal level."