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Volume 40 - Issue 32 - August 12, 2021

State of Kansas

Department of Health and Environment

Notice Concerning Kansas/Federal Water
Pollution Control Permits and Applications

In accordance with Kansas Administrative Regulations 28-16-57a through 63, 28-18-1 through 17, 28-18a-1 through 31 and 33, 28-16-150 through 154, 28-46-7, and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, various draft water pollution control documents (permits, notices to revoke and reissue, notices to terminate) have been prepared and/or permit applications have been received for discharges to waters of the United States and the state of Kansas for the class of discharges described below.

The proposed actions concerning the draft documents are based on staff review, applying the appropriate standards, regulations, and effluent limitations of the state of Kansas and the Environmental Protection Agency. The final action will result in a Federal National Pollutant Discharge Elimination System Authorization and/or a Kansas Water Pollution Control permit being issued, subject to certain conditions, revocation, and reissuance of the designated permit or termination of the designated permit.

Public Notice No. KS-AG-21-257/261

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant		 Legal Description Receiving Water
B & B Dairy
Duane and Pam Ricke
1651 W. K-160 Hwy.
Attica, KS 67009		 SW/4 of Section 7
T32S, R10W
Barber County		 Lower Arkansas River Basin
Kansas Permit No. A-ARBA-M005
The proposed action is to reissue an existing state permit for an existing facility for 70 head (98 animal units) of mature dairy cattle. There will be no change in the operation or permitted number of animal units from the previous permit. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address
of Applicant		 Legal Description Receiving Water
Murray Baalman
9247 W. Road 110 S
Grinnell, KS 67738		 NE/4 of Section 12
T10S, R30W
Sheridan County		 Saline River Basin
Kansas Permit No. A-SASD-B005
The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 animal units) of cattle more than 700 pounds. There will be no change in the operation or permitted number of animal units from the previous permit. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address
of Applicant		 Legal Description Receiving Water
Kansas State University Animal Sciences and Industry
KSU Modified Early Wean Swine Unit
1424 Claflin Rd.
Manhattan, KS 66506		 NW/4 of Section 36
T09S, R07E
Riley County		 Big Blue River Basin
Kansas Permit No. A-BBRL-S016
The proposed action is to reissue an existing state permit for an existing facility for 400 head (40 animal units) of swine 55 pounds or less. There will be no change in the operation or permitted number of animal units from the previous permit. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address
of Applicant		 Legal Description Receiving Water
Allan R. Williams
2415 29th Terr.
Vermillion, KS 66544		 NW/4 of Section 35
T04S, R10E
Marshall County		 Big Blue River Basin
Kansas Permit No. A-BBMS-S041
The proposed action is to reissue an existing state permit for an existing facility for 100 head (40 animal units) of swine more than 55 pounds and 400 head (40 animal units) of swine 55 pounds or less for a total of 80 animal units. There will be no change in the operation or permitted number of animal units from the previous permit. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address
of Applicant		 Legal Description Receiving Water
William Holthaus
239 US-36 Hwy.
Baileyville, KS 66404		 SW/4 of Section 29
T02S, R11E
Nemaha County		 Big Blue River Basin
Kansas Permit No. A-BBNM-S046
The proposed action is to reissue an existing state permit for an existing facility for 1,320 head (528 animal units) of swine more than 55 pounds, 125 head (125 animal units) of cattle more than 700 pounds, and 50 head (25 animal units) of cattle 700 pounds or less, for a total of 678 animal units of swine and cattle. There will be no change in the operation or permitted number of animal units from the previous permit. This facility has an approved Waste Management Plan on file with KDHE.

Public Notice No. KS-Q-21-060/068

The requirements of the draft permit public noticed below are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-g), and Federal Surface Water Criteria.

Name and Address
of Applicant		 Receiving Stream Type of Discharge
Cimarron, City of
PO Box 467
Cimarron, KS 67835		 Arkansas River Treated Domestic Wastewater
Kansas Permit No. M-UA07-OO02
Federal Permit No. KS0091791
Legal Description: NE¼, SE¼, S12, T26S, R28W, Gray County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a three-cell wastewater stabilization lagoon system with a holding cell. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH and E. coli, as well as monitoring for ammonia.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Dearing, City of
PO Box 231
Dearing, KS 67340		 Onion Creek Treated Domestic Wastewater
Kansas Permit No. M-VE11-OO01
Federal Permit No. KS0048062
Legal Description: SE¼, SE¼, NW¼, S25, T34S, R15E, Montgomery County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a two-cell wastewater stabilization lagoon system. This NPDES discharging lagoon wastewater treatment facility has been reviewed for eligibility for the MDV for ammonia and has been determined to be eligible.  Eligibility was determined through analysis of the facility’s highest attainable criteria (HAC) for ammonia and an Economic Eligibility Determination (EED) that assessed the impact of the cost of a new mechanical facility to the community’s rate payers.  The ammonia effluent limit was determined on 1/6/2021 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 5.4 mg/L for this facility.  The EED was completed on 1/28/2021. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, and ammonia, and monitoring for E. coli.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Dighton, City of
PO Box 848
Dighton, KS 67839		 South Fork Walnut Creek Treated Domestic Wastewater
Kansas Permit No. M-UA10-OO01
Federal Permit No. KS0022527
Legal Description: SW¼, SW¼, NW¼, S29, T18S, R28W, Lane County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a three-cell wastewater stabilization lagoon system. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, and pH, as well as monitoring for ammonia, E. coli, sulfates, selenium, and arsenic.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Fall River, City of
PO Box 125
Fall River, KS 67047		 Fall River via Unnamed Tributary Treated Domestic Wastewater
Kansas Permit No. M-VE17-OO01
Federal Permit No. KS0116963
Legal Description: NE¼, SW¼, SE¼, S18, T28S, R13E, Greenwood County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a two-cell wastewater stabilization lagoon system with a lift station. This proposed permit contains a schedule of compliance for the facility to retain a KDHE-certified operator to supervise operations. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, ammonia, and E. coli, as well as monitoring for total phosphorus.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Leavenworth County Commission
300 Walnut, Suite 007
Leavenworth, KS 66048		 Hog Creek Treated Domestic Wastewater
Kansas Permit No. M-KS04-OO03
Federal Permit No. KS0090522
Legal Description: NE¼, NE¼, SW¼, S10, T11S, R22E, Leavenworth County, Kansas
Facility Name: Leavenworth County Sewer District #1 – Ginger Creek
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a three-cell wastewater stabilization lagoon system. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, ammonia, and E. coli, as well as monitoring for lead.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Longton, City of
PO Box 18
Longton, KS 67352		 Elk River via Hitchen Creek Treated Domestic Wastewater
Kansas Permit No. M-VE25-OO01
Federal Permit No. KS0046019
Legal Description: SE¼, NE¼, NE¼, S3, T31S, R12E, Elk County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a three-cell wastewater stabilization lagoon system. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, and ammonia, as well as monitoring for E. coli and lead.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
McLouth, City of
110 N. Union
McLouth, KS 66054		 Nine Mile Creek via Unnamed Tributary Treated Domestic Wastewater
Kansas Permit No. M-KS42-OO01
Federal Permit No. KS0025704
Legal Description: NE¼, NE¼, S17, T10S, R20E, Jefferson County, Kansas
The proposed action is to reissue an existing State/NPDS permit for an existing facility. This facility is a four-cell wastewater stabilization lagoon system. This NPDES discharging lagoon wastewater treatment facility has been reviewed for eligibility for the MDV for ammonia and has been determined to be eligible.  Eligibility was determined through analysis of the facility’s highest attainable criteria (HAC) for ammonia and an Economic Eligibility Determination (EED) that assessed the impact of the cost of a new mechanical facility to the community’s rate payers.  The ammonia effluent limit was determined on 11/13/2020 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 7.1 mg/L for this facility.  The EED was completed on 11/16/2020. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, ammonia and E. coli.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Sedan, City of
111 E. Cherokee St.
Sedan, KS 67361		 Little Caney River via Middle Caney Creek Treated Domestic Wastewater
Kansas Permit No. M-VE33-OO02
Federal Permit No. KS0089746
Legal Description: NE¼, NW¼, SE¼, S4, T34S, R11E, Chautauqua County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a three-cell wastewater stabilization lagoon system. This NPDES discharging lagoon wastewater treatment facility has been reviewed for eligibility for the MDV for ammonia and has been determined to be eligible.  Eligibility was determined through analysis of the facility’s highest attainable criteria (HAC) for ammonia and an Economic Eligibility Determination (EED) that assessed the impact of the cost of a new mechanical facility to the community’s rate payers.  The ammonia effluent limit was determined on 8/3/2021 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 3.2 mg/L for this facility.  The EED was completed on 11/12/2020. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH and ammonia, as well as monitoring for E. coli.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Wakefield, City of
PO Box 326
Wakefield, KS 67487		 Milford Lake via Unnamed Tributary Treated Domestic Wastewater
Kansas Permit No. M-LR24-OO01
Federal Permit No. KS0027545
Legal Description: NE¼, NW¼, NW¼, S8, T10S, R4E, Clay County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a four-cell wastewater stabilization lagoon system. This proposed permit contains a schedule of compliance for the facility to submit a plan to upgrade the facility to meet ammonia limits or by submitting an individual variance for KDHE review. The proposed permit contains limits for biochemical oxygen demand and total suspended solids, once quarterly for ammonia as stated in the schedule of compliance, as well as monitoring for pH, E. coli, phosphorus, nitrate + nitrite, total Kjeldahl nitrogen, and total nitrogen.

Public Notice No. KS-NQ-21-008

The requirements of the draft permit public noticed below are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-g).

Name and Address
of Applicant		 Legal Location Type of Discharge
Stevens County Water Systems, LLC
11050 Roe Ave., Suite 211
Overland Park, KS 66211		 SE ¼, S15, T33S, R37W,
Stevens County		 Non-Overflowing
Kansas Permit No. I-CI07-NO04
Federal Permit No. KSJ000683
Facility Location: 1010 E. 10th St., Hugoton, KS 67951
Facility Name: Kansas Dairy Ingredients
The proposed action is to reissue a modified State/NPDES permit for an existing non-discharging facility. This is an irrigation storage and land application facility for an existing dairy ingredients plant that produces concentrated milk and milk sugar solids. The 11.25-acre storage lagoon is maintained aerobic through pretreatment, and non-discharging through evaporation and seepage and by irrigation onto land application site with an effective land application area of 321.4 acres designated for land application. The land designated land application area from the lagoons is performed in accordance with a land application plan approved by KDHE – Bureau of Water. The proposed permit contains monitoring for biochemical oxygen demand, total suspended solids, total ammonia, total Kjeldahl nitrogen, pH, and dissolved oxygen.

Persons wishing to comment on or object to the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment (KDHE) if they wish to have the comments or objections considered in the decision-making process. All written comments regarding the draft documents, application or registration notices received on or before September 11, 2021, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-21-257/261, KS-Q-21-060/068, KS-NQ-21-008) and name of the applicant/permittee when preparing comments.

All comments received will be responded to at the time the Secretary of Health and Environment issues a determination regarding final agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). A request for public hearing must be submitted in writing and shall state the nature of the issues proposed to be raised during the hearing.

Comments or objections for agricultural related draft documents, permit applications, registrations or actions should be submitted to the attention of Matthew Steele Ph.D., P.E., Section Chief, Livestock Waste Management Section at the KDHE, Bureau of Environmental Field Services (BEFS), 1000 SW Jackson, Suite 430, Topeka, KS 66612. Comments or objections for all other proposed permits or actions should be sent to Michael Beezhold at the KDHE, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612.

All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the KDHE. For agricultural related draft documents or applications an appointment can be scheduled, or copies requested by contacting Rachel Hammond, BEFS, Livestock Waste Management Section at 1000 SW Jackson St., Suite 430, Topeka, KS 66612, telephone 785-296-0076 or email at kdhe.feedlots@ks.gov. For all other proposed permits or actions an appointment can be scheduled, or copies requested by contacting Christopher Zwiener, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-3056 or email at Christopher.Zwiener@ks.gov. These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.

Lee A. Norman, M.D.
Secretary

Doc. No. 049351

Secretary of State Seal