KDHE Home - News 2000 - News Release
Kansas
Department of Health & Environment
Bill Graves, Governor
Clyde D. Graeber, Secretary
For Immediate Release
Contact: Sharon Watson, 785-296-5795
ATTORNEY GENERAL ISSUES OPINION ON FARM PONDS
Most Farm Ponds Exempt from Clean Water Act Provisions
The Kansas Department of Health and Environment has received an Attorney General's Opinion concerning the applicability of regulations under the Clean Water Act to Kansas Farm Ponds. A.G. Opinion No. 2000-53, explains that the federal Clean Water Act's water quality standards apply only to 'natural ponds' and not to artificially created ponds. According to the Opinion, "Since nearly all 'reservoirs and farm ponds' located in Kansas are not 'natural ponds', such 'reservoirs and farm ponds', whether privately or publicly owned, are not subject to the water quality standards of the Clean Water Act."
Attorney General Stovall also proposed adopting a regulation that would clarify that the 'reservoirs and farm ponds', to which K.S.A. 1999 Supp. 65-171d(d) refers, are not 'natural ponds' and therefore are not part of 'Waters of the United States' as define by the Environmental Protection Agency (40 CFR § 122.2) pursuant to the Clean Water Act. Secretary Graeber asserted, "As Secretary of KDHE, I have instructed staff to begin preparation of the necessary changes to the rules and regulations in accordance with this Opinion."
"This Opinion helps resolve one of the major issues KDHE and other agencies and associations have with the Water Quality Standards the U.S. Environmental Protection Agency has proposed for Kansas." said Clyde Graeber, Secretary of KDHE. "We must now continue to assess the impacts and costs that other EPA proposed standards may have on our citizens and local communities."
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