12. Lake County RequestMT
April 28, 1994
Bruce Williams
City Manager
City of Kalispell
P. O. Box 1997
Kalispell, MT 59901
Dear Bruce:
Thank you for allowing Alan Mikkelsen and I to meet with you on
April 21st. The issue that we discussed pertained tq'`"Treatment
As a State" (TAS) by the Confederated Salish and Kootenai Tribes
(CSKT) of the Flathead Reservation. TAS allows Indian tribes to
be treated as state governments for the purposes of fulfilling
the Clean Water Act (CWA). This means that Indian tribes could
have the opportunity to set water quality standards and enforce
those standards. TAS applications are approved by EPA,. under
subsection 518 of the CWA.
The Confederated Salish and Kootenai Tribes have applied to EPA
for TAS treatment. This application was made over a year ago.
Approval has not been issued so far. This is largely due to the
objections voiced by the State of Montana, Lake County, Polson,
Ronan, and the three irrigation districts operating as the
Flathead Joint Board of Control.
This is an issue that will have impacts off the reservation,
also. Any governmental entity upstream of the reservation should
be concerned and opposing the TAS application of the CSKT. The
City of Albuquerque is now being forced by an Indian Pueblo
several miles downstream from the city to cleanup the Rio Grande
River. The pueblo has received TAS approval from EPA and is
forcing Albuquerque to make the Rio Grande clean enough to drink
for "ceremonial purposes". Although Albuquerque has been
operating an EPA and state approved and permitted facility, they
are now faced with a possible $250 million expenditure to meet
the tribal standards. Enclosed are copies of newsclippings from
Albuquerque. The same potential exists for the cities of the
Flathead Valley upstream of the Flathead Reservation.
The CSKT are now engaged in a campaign to force EPA approval.
They have asked the 1200 Tribal employees to write Senator Baucus
and EPA, urging approval of the tribal request. Enclosed is a
copy of a tribal memo.
Bruce Williams
Page 2
We are asking that the City of Kalispell write to Senator Baucus
and Senator Burns, as well as EPA Region VIII Administrator
William Yellowtail and EPA Administrator- Carol Browner, stating
your opposition to TAS status possibly to be awarded to the CSKT.
If it is necessary for Alan and myself to appear before your..
council to make this request, we welcome the opportunity as soon
as possible. Recently the Flathead County Commission voted to
oppose the Tribes TAS application and we respectfully request
each city to do so as well.
Sincerely,
/* 0�5&
Mike Hutchin
Lake County Commissioner
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Encs.
Incorporated 1892
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Telephone (406) 752-6600
FAX (406) 752-6639
Post Office Box 1997
Zip 59903-1997
May 12, 1994
Mr. Bill Yellowtail
Regional Administrator
U.S. EPA
999 18th Street
Denver, CA 80202-2405
Re.: Confederated Salish and Kootenai Tribes' Application
for Treatment as a State under the Clean Water Act
Dear Mr. Yellowtail:
The City of Kalispell has recently become aware that the
Confederated Salish and Kootenai Tribes of the Flathead
Nation have made an application to the Environmental
Protection Agency for treatment as a State. It is our
understanding that this authority would allow the Tribes to
set water quality standards which may affect upstream users
of water flowing into the Tribes' jurisdictional area. We
also understand that if the Tribes are granted treatment as
a State under Section 303 of the Act, all upstream users,
such as the City of Kalispell, will be subject to Tribal
certification. Thus, if the City is required to receive a
new permit under Section 401 of the Act, the Tribes will be
required to certify that the permit will not interfere with
the quality of water over which the Tribes have authority.
The City of Kalispell has recently expended over $12,000,000
to build an advanced waste water treatment plant to treat the
City's sewage. The plant operates at such efficiency that
the City is exceeding the water quality permit issued by the
State of Montana, Department of Health and Environmental
Sciences, which is more stringent than the EPA's regulation.
However, the City is concerned that treatment as a State for
the Tribes may lead to economically unattainable standards
for water quality in the Flathead Basin.
If the EPA grants the Tribes treatment as a State, the City
would urge the.EPA to closely scrutinize the water quality
standards proposed and adopted by the Tribes to assure that
they are technically sufficient and substantially similar to
the State of Montana standards.
Douglas Rauthe
Mayor
Bruce Williams
City Manager
City Council
Members:
Gary W. Nysful
Ward I
Cliff Collins
Ward I
Barbara Moses
Ward If
Dale Haarr
Ward I!
Jim Atkinson
Ward III
Lauren Granmo
Ward III
Pamela B. Kennedy
Ward IV
M. Duane Larson
Ward IV
Clean Water Act
May 12, 1994
Page 2
In closing, we hope that you honor our request to deny the Tribes'
request concerning Section 303 of the Act, however we have no
problem with the Tribes' request for State authority as long as
this authority extends only to Tribal holdings and its membership.
Sincerely,
Douglas D. Rauthe
Mayor
City of Kalispell
DDR/ksk