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Division of Environment

Kansas Environmental News - October 1997

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Kansas Environmental News is published by the Kansas Department of Health and Environment. Bill Graves, Governor, Gary Mitchell, Secretary. Reprinting of any article should credit the Kansas Department of Health and Environment. For information about the newsletter, contact Theresa Hodges at 785-296-6603. To be added to the mailing list, contact Ricquelle Landis at the same number. This newsletter is published quarterly and is available at no charge.

I am coming up on the six month mark in my tenure as Secretary of the Kansas Department of Health and Environment. It has been a fascinating and very steep learning curve. Being a Cabinet-level Secretary in charge of nearly 975 employees and a budget of over $170 million would be an interesting challenge regardless of the issues involved. However, this agency is even more of a challenge, given its mission. Not only are we a public health advocacy agency, KDHE regulates nursing homes, child care facilities, inspects restaurants and hotels, permits land fills, tire disposal sites, confined animal feeding operations, sewage treatment facilities, public water supplies--and the list goes on.

The question I am often asked is how do I feel about dividing the agency--a Department of Health and a Department of Environment? From time to time those proposals have been floated and there is even a bill in the legislature to do just that. Let me state unequivocally that I think this would be bad idea--both from the perspective of protecting public health and in using resources wisely.

First, I suspect the proposals to divide the agency in the past originated from the Secretary's office of KDHE--probably born out of frustration. The real problem is not the fact that health and environment are combined under one tent but that for too many years the agency's mentality is that we have the Division of Health and the Division of Environment and never shall the two cooperate. My goal as Secretary is to put aside this silo mentality and make all of the employees of KDHE work together for the common goal of advancing the general health of all Kansans.

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This means that we will have to over time integrate our information system and avoid the siloing of data. We need to utilize GPS not only in environmental investigations as identifiers but also in health regulatory issues. My goal is to have an information system that will allow a health facility surveyor to look at a health facility's record before going on-site and review any possible environmental contaminations that occurred in the immediate vicinity. This will enable that surveyor to do a better job because he can look for any long-term consequences. It will also mean we must do a better job of integrating the Division of Health and the Division of Environment at the district level. I firmly believe that regulatory decisions made by district staff are better decisions because those staff members are involved in the community they are regulating.

There is another obvious reason for keeping the Department of Health and Environment together. Why did America and the world embark upon cleaning up the environment? To protect human health. We should never lose sight of that reason.

Recently in Sedgwick County questions arose of cancer rates in a zip code where there used to be a hazardous waste facility. Instead of convening and inter-agency task force, I simply called the Department's environmental epidemiologist and asked him to investigate further. The report was on my desk in less than two weeks, indicating cancer rates were not abnormally high in that zip code.

Cooperation is the key to a successful and efficient KDHE. The Division of Health, Division of Environment, Center for Health and Environmental Statistics and the Health and Environmental Laboratory form a logical and proficient team. There is a direct link between environmental issues and public health and it makes sense to continue that linkage at the state agency level. If we lose that linkage then society will become more susceptible to unscientific and "junk science" claims about chemicals or other human activity and its impact on human health and the environment.

Secretary Gary Mitchell

KDHE has established the Ulysses Field Office within the Southwest District. The Southwest District, headquartered in Dodge City, provides coverage for 25 counties. The primary field activities conducted at the Ulysses office support water programs -- specifically confined animal feeding operations (CAFOs).

The Ulysses Field Office, 316-356-1075, is located at 325 Oklahoma on the second floor of the KDOT building near the intersection of Highway 160 and Highway 25. The Ulysses office is strategically located to provide timely and efficient coverage for the development of large swine and dairy operations and the expansion of existing commercial beef facilities. This satellite or mini-office is staffed with three environmental technicians. Ulysses staff will conduct field inspections and investigations; review sites proposed for development/expansion; and process plans and permits to ensure compliance with KDHE livestock waste management program requirements. Additionally, outreach activities will be increased to ensure clear understanding of KDHE statutory and regulatory mandates.

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Staff recently hired and assigned to the Ulysses Field Office include Patrick Miner, Scott Hughbanks, and B.J. Hope. Their diversity in education, work experience, and familiarity with agri-business will benefit both the public and regulated community within southwest Kansas.

Al Guernsey, Southwest District Office

The Bureau of District Operations and the Office of Science and Support have been reorganized into the new Bureau of Environmental Field Services. Correspondence should be addressed to the same buildings, but please change the names of both BODO and OSS to BEFS

In September of 1994, the City of Abilene and Dickinson County requested the Sand Springs aquifer be designated as a Critical Water Quality Management Area. The aquifer was the main source of water for the City of Abilene as well as Dickinson County Rural Water District #2. Monitoring of public water supply wells in the area had seen elevated concentration of nitrates.

An advisory panel was formed by having Dickinson County and the City of Abilene appoint two members each to the committee. The chairman of the committee was a joint appointment of the City and County. This group of five local individuals served as advisors to the Department during the course of a remedial investigation that was performed. The panel also had an additional task, which was to make a recommendation to the Secretary of the Department concerning the future classification of the area following the completion of the remedial investigation.

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The advisory panel met with Department representatives on a monthly basis for a two year period, overseeing the progress and results of the remedial investigation. In August of 1996, the report issued by the Bureau of Environmental Remediation was approved by the advisory panel. At that time, the panel agreed the best course of action was to continue local actions that were occurring to decrease the amount of nitrates entering the groundwater. With this philosophy, the panel tabled making a recommendation to the Secretary of the Department for a period of one year.

The committee met for the final time on September 18, 1997. The committee was given an overview of the actions presently taking place and future plans to decrease the amount of nitrates entering the groundwater. These actions were made possible by a grant administered by the Department in conjunction with EPA. The panel felt that the steps being taken at the local level were sufficient to recommend the Secretary not designate the area as was earlier requested.

The process was and continues to be a true partnership of Federal, State, County and City governments as well as local individuals working together to successfully address an environmental problem.

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Rick Brunetti, NC District Office

Mark Benneka, Frito-Lay; Robert Roddy, Kansas City, Ks Pollution Control Division; and Mary Lappin, Kansas City, Mo Water Services Department were presented with 1997 Pollution Prevention Awards.

Kansas P2 Awards Presented Secretary Gary Mitchell, Kansas Department of Health and Environment, presented the 1997 Pollution Prevention Awards for Excellence at the annual environmental conference, Linking Community, Business and Government: Connections for a Clean Environment, September 24, 1997 in Lawrence. Awardees were asked to provide a brief overview of their projects at the Pollution Prevention Banquet.

A winner in the Cooperative Efforts category was The Kansas City, Kansas Water Pollution Control Division/Kansas City, Missouri Water Services Department Cooperative Agreement for Sewer Service provides for construction of a sewer line to connect their sewer areas. The resulting sewer line and related controls will be used to implement joint use of wastewater systems for the transport from one facility to the other for treatment of raw sewage or sludge. This is to be a mutually economically beneficial and practical approach to reduction of pollution due to plant malfunctions, organic over-loads or repair shut-down. Through this cooperative project, either city will be able to prevent interference and pass-through incidents economically by making use of available capacity in the neighboring city's treatment works. The sewer line is presently under construction.

This effort demonstrated sincere commitment and coordination by members of both states to protect water quality of the Missouri River, and serves as a model for other issues that adjoining cities share. The award was accepted by Robert Roddy, Kansas City, Kansas Water Pollution Control Division and Mary Lappin, Kansas City Missouri Water Services Department.

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The Rawlins County Recyclers, Atwood, were also presented with an award for outstanding cooperative efforts. The Recyclers, a component of the community's PRIDE program, began as a money-making project for local Girl Scouts collecting aluminum cans. The project has grown into a community-wide effort to recycle not only aluminum cans, but also plastics, cardboard, newspaper, magazines, junk mail, white paper, green bar paper, glass, tin cans, scrap aluminum, copper and brass, radiators, white goods, iron steel and junk cars. The City of Atwood donated use of a building, pays the utilities, and pays 50% of the labor costs on collection days. The Prairie Developmental Center for mentally and physically challenged citizens provides labor and oversight staff. PRIDE volunteers cleaned the building, educate the public and direct the project.

The Rawlins County Recyclers exhibit how effective cooperation within a community can work to benefit everyone. The Rawlins County Recycling Project involves local government, citizens, schools and community groups, giving the program strength and stability. This effort serves as a model for other small communities with limited resources. Kathy Boettcher, coordinator for the project, was unable to attend the banquet; Secretary Mitchell will be presenting the award to her in Atwood in the near future.

Frito-Lay, Topeka, received an award in the New Technologies and Initiatives category for their innovative "Green Team". In the 1993, Frito-Lay initiated the "Green Team" program. Each facility was responsible for establishing and maintaining a team consisting of management and technical level employees to ensure that ongoing environmental compliance programs existed. The objectives of the "Green Team" concept were to build Frito-Lay's compliance systems and competency to fully comply with federal, state and local environmental regulations as well as establishing an ongoing program to reduce the environmental impact of operation beyond the regulatory requirements.

Each program has a management level resource, the "Environmental Coordinator"responsible for compliance with environmental regulations, communications with regulatory agencies and look for opportunities to minimize or eliminate waste streams. The Green Team Members develop and maintain awareness and compliance programs in air, water, hazardous materials, potable/waste water and spill prevention and control. The Green Team program builds teamwork while reducing waste streams, increases regulatory compliance, and identifies waste recycling and reuse methods. Frito-Lay's company wide commitment, management support and involvement, and employee "Green Team" members are working together to effectively reduce waste across all media. Mark Bennaka and Green Team members accepted the award on behalf of Frito-Lay.

KDHE congratulates all award winners, those who submitted applications, and all who have taken the Pollution Prevention Pledge to reduce, reuse and recycle. Applications for the 1998 P2 Awards for Excellence, and Pollution Prevention Pledge forms will be available in January, 1998.

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Theresa Hodges, Office of Pollution Prevention

The water quality commissioners have held six public meeting during the past three months. Topics for the meetings have included: use designations; implementation procedures such as site-specific criteria, mixing zones, and variances; and chloride, ammonia, and atrazine criteria. The commissioners have heard from a variety of presenters along with receiving public comment at each meeting. The commissioners will present a preliminary report to the Governor and legislature on January 1, 1998 with a final report by June 30, 1998.

For information about future meetings, contact Jamie Clover Adams, Legislative Liaison at 785-296-1773.

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On September 12, 1997, "Kansas Don't Spoil It" Day at the State Fair, two individuals were presented with the first Governor's recognition awards for their efforts to improve recycling and composting in Kansas. On behalf of the Governor Bill Graves and Secretary Gary Mitchell, Ron Hammerschmidt, Director, Division of Environment, presented the awards before hundreds of people gathered at the Farm Bureau Arena.

Awards were presented to Margaret Miller, Wichita, for her life-long work encouraging recycling; and Stan Slaughter, environmental educator, who has become well-known throughout the Midwest for his entertaining style.

Margaret Miller has been a strong advocate for recycling and reuse for many years. In 1988, she helped form Sedgwick County Citizens for Recycling, a group that established a recycling drop-off program that still serves the city today. She is the editor of the only regularly published recycling newsletter in Kansas which provides readers with interesting stories and advice on recycling news, source reduction, and straightforward opinions about how we can improve our waste management practices. In 1994, National Geographic Magazine featured Mrs. Miller as one of the nation's leaders in recycling.

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Stan Slaughter has visited many Kansas communities over the past three years providing recycling and composting education through entertainment and demonstration. Stan performed and presented technical information at the Kansas Composting and Recycling Works Conference for three years. More recently, he traveled around the state visiting communities which are serious about reducing their waste stream. Stan was the featured performer and educator during "Kansas Don't Spoil It" Day at the Fair. The hundreds of school children who attended the Fair enthusiastically sang along with his recycling and composting songs and enjoyed his hands-on demonstration of worm composting.

We are pleased to have people like Margaret Miller and Stan Slaughter encourage us to manage our waste in better ways.

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Bill Bider, Bureau of Waste Management

Readers may recall that an earlier issue of this newsletter described the department's intentions to carry out an evaluation of the state solid waste program. This evaluation, directed by the state solid waste plan, was designed to gather information from the public to: (1) identify local solid waste needs where the state can and should help; (2) determine how program administration could be improved; and (3) determine how solid waste landfill tipping fee revenue should be used and the appropriate amount of the fee. In addition, information gathered during this process will be helpful in preparing a statutorily required report to the 1998 Legislature on past and projected uses of collected tipping fees.

Public input was gathered during the summer of 1997 through a well attended public meeting in Salina on July 10th, and through 120 responses from a written survey. The information received from the public has been tabulated but not yet incorporated into a final report.

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Although many helpful comments were obtained to help improve program administration, public comments focused on tipping fee issues and the grant programs which are funded by the fees. There was strong consensus that grant programs should be continued; however, there were mixed feelings regarding whether the tipping fee should be increased to maintain the grant programs into the future. There appeared to be confusion among some commenters that grants could continue indefinitely with the current tipping fee of $1.00 per ton. However, this is not true. Solid waste grant programs will begin to phase out in fiscal year 2000 if the fee is not increased.

Some highlights of the public feedback process include the following:

By a majority of 50 percent to 37 percent, responders recommend increasing the tipping fee to continue grant and education programs (13 percent does not know).

Nearly 80 percent of those persons voting "no" to a tipping fee increase want to maintain 3 or more grant programs.

Grants related to waste reduction, recycling, and composting ranked first in terms of desired uses for tipping fees. Repair of old dumps and household hazardous waste grants also ranked very high.

The greatest challenge to local communities where state assistance was requested was to help in establishing or enhancing markets for recyclable materials. Other important needs include a lack of funds for various solid waste projects, open dumping, inadequate recycling opportunities, inadequate household hazardous waste programs, and the need for state or local waste reduction goals.

The highest expected outcomes from the state program include properly designed and operated waste management facilities, increased recycling and composting, practical regulations, wise use of tipping fees, groundwater protection, and grants for local projects to enhance recycling and composting.

KDHE should commit adequate time and money to monitor and repair damage to old closed or abandoned dumps.

State effort should be increased to improve waste reduction and markets for recyclables.

KDHE should increase technical training opportunities for the regulated community.

If you would like more information about the results of the program evaluation, contact Bill Bider, Director, Bureau of Waste Management at (785) 296-1612.

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The "Kansas Don't Spoil It" booth was one of 22 exhibits on display at this year's conference.

1997 Conference Successful The 1997 environmental conference, Linking Community, Business, and Government: Connections for a Clean Environment, was attended by over 200 people. Twenty-eight concurrent sessions and two general sessions provided information on a variety of topics including new regulations, question and answer sessions with regulatory staff, pollution prevention techniques and concepts, and included a variety of other programs presented by service providers and agency staff.

The MOPP (Mobile Outreach for Pollution Prevention) minihome provided many new ideas for P2, and we sincerely appreciate this visit from the Iowa Waste Reduction Center staff. In addition to the MOPP van, the Kansas Corporation Commission arranged for alternative fueled vehicles to be available. Thanks to Mr. Otto Sitz for his endeavors in bringing the vehicles to the conference.

Early reviews of evaluations indicated that the conference provided much needed information for the regulated community, and provided networking opportunities among business people, community representatives and KDHE staff. Approximately 70 businesses were represented, 50 representatives from municipalities, over 40 consultants, attorneys and trade associations, 20 university staff, and many other individuals attended. Twenty-two exhibitors provided the opportunity to share their services and products.

Over 50 people attended the optional Environmental Management Systems Workshop which immediately preceded the conference. This workshop was so successful that a "repeat" is planned for next year's conference. A special thanks to Jean Waters, Pollution Prevention Institute, Kansas State University; Anne Brown, MAMTC; and Chris Barritt, Small Business Environmental Assistance Program, University of Kansas for the presentation of this workshop.

Please mark your calendars for next year's conference, September 29 and 30, 1998, at the Salina Holidome. If you are interested in participating on the Program Development Committee, which meets one time and provides suggestions for topics or speakers, or if you are interested in being added to the list of potential exhibitors (if you exhibited this year, you are on the list), please contact Janet Neff, 1-800-357-6087 before January 1, 1998.

KDHE staff wish to extend their thanks to everyone who spoke, exhibited and attended this year's environmental conference. Your contributions made this year's conference a success and we hope you will return next year!

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The Bureau of Environmental Remediation's (BER) Landfill/Drycleaning Unit has performed three pilot remedial studies in Hutchinson, Kansas as part of the Drycleaning Facility Release Trust Fund (DFRTF). The trust fund was established to fund remedial activities at drycleaning sites which have been contaminated with perchloroethylene (PCE.)

Hutchinson is located on a shallow, unconfined aquifer (approximately 15 feet below ground surface). The clay soil at the top five to ten feet grades into a fine to course sand to the bottom of the aquifer. This is a large and precious source of water for the City of Hutchinson.

The three innovative pilot studies were run concurrently to compare their effectiveness to remediate the groundwater contamination. The studies should help to find a reliable, efficient, and cost effective method to remediate contaminated drycleaning sites. The studies began June 10, 1997 and operated for three months and after the data has been reviewed, the preferred method will be selected and used at other contaminated drycleaning sites. The three pilot studies include: 1) the KVA system; 2) NOVOC system, and; 3) an Air Sparge / Soil Vapor Extraction (AS/SVE) system.

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The KVA system is an air and ozone injection system, with an in-well recirculation pump. The KVA system utilizes a small amount of ozone which is mixed with air, then the air/ozone is injected into the aquifer through micro-screens. The micro-screens cause the air/ozone mixture to exit the well in a fine mist of bubbles. The in-well pump recirculates the bubbles around the well and pushes them into the aquifer. The bubbles travel out from the well and strip the PCE from the water and the ozone chemically degrades the PCE into inert compounds.

The NOVOC system is an in-well air stripping system. The well is constructed with two screens; one at the top of the aquifer and one at the bottom of the well. An air-lift is created within the well which causes the water to rise in the well and exit the top screen creating a recirculation zone around the well. The air used to lift the water strips the PCE from the water. The contaminated air travels through activated carbon which captures the PCE, and the air is injected back into the well.

The AS/SVE system is one of the first in Kansas to remove PCE. The air-sparge well places compressed air in the aquifer. The air strips the PCE out of the water and migrates into the sediment above water. The SVE well is screened in the sediment above the water. A vacuum is applied to this well, causing all the PCE contaminated air to be captured and pulled out of the ground.

For more information about these systems, contact the Assessment and Restoration Section, Bureau of Environmental Remediation, 291-3252.

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Leo Henning, Bureau of Environmental Remediation

*projected, New(N), Amended(A), Revoked(R)