Publications iconKansas Register

Volume 40 - Issue 17 - April 29, 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-21-170/177

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
Grazing Plains Farm, LLC
Jason Schmidt
1532 S. Grace Hill Rd.
Whitewater, KS 67154
NW/4 of Section 26
T23S, R02E
Harvey County
Walnut River Basin
Kansas Permit No. A-WAHV-M001
The proposed action is to issue a new state permit for a facility for 100 head (140 animal units) of Mature Dairy Cattle. The facility will consist of # buildings/open pens and a waste management system consisting of a waste storage pond, waste storage facility, diversions, waste transfer, and a grass buffer. This facility has an approved Waste Management Plan on file with KDHE. 
Name and Address
of Applicant
Legal Description Receiving Water
Calvert Swine, LLC
Terry Nelson
1304 W. Fox Rd.
Long Island, KS 67647
SW/4 of Section 19
T02S, R21W
Norton County
Upper Republican River Basin
Kansas Permit No. A-URNT-H008
Federal Permit No. KS0100421
The proposed action is to modify the current State/NPDES permit for an existing facility. Modifications to the permit will be to change the current 2-cell wastewater retention system to a 3-cell wastewater retention system. There are no other changes to the permit, animal unit capacity, or facility. Only the portions of the permit being modified are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE. 
Name and Address
of Applicant
Legal Description Receiving Water
Bradford Feedyard
Dennis Bradford
28326 SE D Rd.
Jetmore, KS 67854
S/2 of Section 18
T24S, R23W
Hodgeman County
Upper Arkansas River Basin
Kansas Permit No. A-UAHG-C010
Federal Permit No. KS0096261
The proposed action is to reissue an existing NPDES permit for an existing facility for 3,500 head (1,750 animal units) of cattle 700 pounds or less. There will be no change in the operation or permitted number of animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
George Dairy Farm
Terry George
30110 Maple Ln.
Spring Hill, KS 66083
NW/4 of Section 33
T15S, R21E
Franklin County
Marais des Cygnes River Basin
Kansas Permit No. A-MCFR-M012
The proposed action is to reissue an existing state permit for an existing facility for 168 head (168 animal units) of cattle weighing more than 700 pounds and 64 head (32 animal units) of cattle weighing 700 pounds or less; for a total of 184 animal units of cattle. There will be no change in the operation or permitted number of animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Syracuse Dairy, LLC – Morton County Location
Jay Houtsma
751 SE CR 6
Syracuse, KS 67878
NE/4 of Section 33
T32S, R42W
Morton County
Cimarron River Basin
Kansas Permit No. A-CIMT-D001
Federal Permit No. KS0101010
The proposed action is to reissue an existing NPDES permit for an existing facility for 6,000 head (8,400 animal units) of mature dairy cows. There will be no change in the operation or permitted number of animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Gold Standard Farms, LLC – Rose
331 3rd St. NW
Waucoma, IL 52171
W/2 of Section 8
T05S, R09W
Jewell County
Solomon River Basin
Kansas Permit No. A-SOJW-S022
The proposed action is to reissue an existing state permit for an existing facility for 2,125 head (850 animal units) of swine more than 55 pounds and 1,300 head (130 animal units) of swine 55 pounds or less, for a total of 3,425 head (980 animal units) of swine. There will be no change in the operation or permitted number of animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Tiffany Cattle Co., Inc.
Shane and Shawn Tiffany
1333 S. 2500 Rd.
Herington, KS 67449-5021
E/2 of Section 31
W/2 of Section 32
T15S, R06E
NW/4 of Section 5
T16S, R06E
Morris County
Neosho River Basin
Kansas Permit No. A-NEMR-C001
Federal Permit No. KS0117218
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 18,000 head (18,000 animal units) of cattle weighing more than 700 pounds and 2,000 head (1,000 animal units) of cattle weighing 700 pounds or less, for a total of 19,000 animal units of cattle. The facility’s NMP was updated to include the addition of a land application field, Henton, and a change in the application rate limitation for three fields. The fields’ application rate limitations for Wilsey, Falen and Bettles have become less restrictive than the previous NMP. There are no changes to the permit or in the permitted number of animal units. Only the updated portion of the Nutrient Management Plan is subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
High Choice Feeders II
Ty Rumford
7721 W. K-96 Hwy.
Scott City, KS 67871
NE/4 of Section 22
N/2 of Section 23
T18S, R34W
Scott County
Upper Arkansas
Kansas Permit No. A-UASC-C015
Federal Permit No. KS0081175
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 20,000 head (20,000 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include a change in the application rate limitation for two fields. The fields’ application rate limitations for Fields 3 & 4 have become less restrictive than the previous NMP. There are no changes to the permit or in the permitted number of animal units. Only the updated portion of the Nutrient Management Plan is subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.

Public Notice No. KS-AG-R-21-008/010

Per Kansas Statutes Annotated 65-171d, the following registration(s) has been received for a proposed facility:

Name and Address
of Registrant
Legal Description County
Perdue Premium Meat Company, Inc.
PO Box 1537
Salisbury, MD 21802-1537
NE/4 of Section 3
T27S, R21E
Neosho
Name and Address
of Registrant
Legal Description County
Perdue Premium Meat Company, Inc.
PO Box 1537
Salisbury, MD 21802-1537
N/2 of SE/4 of Section 3
T27S, R21E
Neosho
Name and Address
of Registrant
Legal Description County
Larry L. Norris
584 S. West Rd.
Wellington, KS 67152
SW/4 Section 1
T33S, T01W
Sumner

Public Notice No. KS-Q-21-028/031

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
Atchison, City of
515 Kansas Ave.
Atchison, KS 66002
Missouri River Treated Domestic Wastewater
Kansas Permit No. M-MO01-OO01
Federal Permit No. KS0039128
Legal Description: E½, NE¼, NW¼ & W½, NW¼, NE¼, S18, T6S, R21E, Atchison County, Kansas
The proposed action is a modification to an existing State/NPDES permit for an existing facility. This facility is a mechanical wastewater treatment plant consisting of bar screens, grit chamber, pre-aeration, primary clarifiers, ABF tower, activated sludge basin, final clarifiers, anaerobic sludge digestion, sludge storage tank, and UV disinfection. The proposed permit contains a schedule of compliance including an Amended Consent Agreement and Final Order Case Docket No. 09-E-124 BOW from KDHE. Permittee shall implement the requirements of the Order and any amendments or replacements thereto. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, whole effluent toxicity, priority pollutants and E. coli, as well as monitoring for ammonia, total phosphorus, nitrate + nitrite, total Kjeldahl nitrogen, total nitrogen and flow.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Bayer Construction Company, Inc.
PO Box 889
Manhattan, KS 66505
Big Blue River via
Tuttle Creek Lake via
Unnamed Tributary
Process Wastewater
Kansas Permit No. I-BB16-PO02
Federal Permit No. KS0101940
Legal Description: SE¼, S19, T7S, R7E, Pottawatomie County, Kansas
Facility Name: K-16 Quarry
The proposed permit is to issue a new State/NPDES permit to a new facility. This facility is a limestone quarrying and crushing operation with no rock washing. Outfalls 001A1, 002A1, 003A1, 004A1, and 005A1 consist of stormwater runoff. The proposed permit contains generic language to protect the waters of the state. In compliance with Kansas and federal law, KDHE has approved an antidegradation review for this new facility for increased concentrations and mass of some pollutants to the receiving stream. The water quality of the receiving stream will not be lowered below the quality necessary to support existing designated uses.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Johnson County Wastewater
11811 S. Sunset Dr., Suite 2500
Olathe, KS 66061-07061
Blue River (MO) via Indian Creek Treated Domestic Wastewater
Kansas Permit No. M-MO27-OO03
Federal Permit No. KS0100854
Legal Description: SW¼, S10, T13S, R25E, Johnson County, Kansas
Facility Name: Tomahawk Creek Wastewater Treatment Facility
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is in the process of being upgraded with all flow being diverted to the Kansas City, Missouri (KCMO) Blue River Wastewater Treatment Facility (Outfall 007AV). Following completion of the upgraded facility, this outfall will no longer be active. The upgraded facility will consist of an influent pump station, mechanical fine screens, grit removal, primary clarifiers, BNR activated sludge treatment basins, final clarifiers, anaerobic digestion, deammonification side-stream treatment, tertiary pump station, dual purpose disk filters, chlorine contact basins with sodium hypochlorite disinfection, and cascade reaeration. The proposed permit contains a schedule of compliance stating that within one years following the substantial completion of the project addressed in the Consent Order 15-E-39 BOW, the permittee shall achieve compliance with the final permit limits. The first monthly average value for the Rolling Average Outfall 001TT shall be the 13th month after substantial completion. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, ammonia, E. coli, whole effluent toxicity, priority pollutants, and dissolved oxygen, as well as monitoring for temperature, chloride, total phosphorus nitrate + nitrite, total Kjeldahl nitrogen, total nitrogen, total residual chlorine, and flow.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Larned, City of
417 Broadway
Larned, KS 67550
Arkansas River Treated Domestic Wastewater
Kansas Permit No. M-UA25-OO03
Federal Permit No. KS0098752
Legal Description: NE¼, SE¼, NW¼, S4, T22S, R16W. Pawnee County, Kansas
Facility Address: 80 Rose Ave., Larned, KS 67550
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a mechanical treatment plant consisting of an influent lift station, mechanical bar screen, vortex type grit removal with Teacup grit classifier and grit snail dewaterer, activated sludge – four-basin Sequencing Batch Reactor (SBR), two-train Ultraviolet disinfection, effluent reuse pump station for in plant wash-down, effluent pump station, two-basin aerated sludge storage/digestion, belt filter press, sludge storage pad, and an emergency standby generator. The proposed permit contains a schedule of compliance stating the city is to follow the instructions of the “Consent Agreement and Final Order of the Secretary” dated March 15, 2019 until it has been declared ended or closed. The proposed permit contains limits on biochemical oxygen demand, total suspended solids, pH, ammonia, and E. coli, as well as monitoring for total phosphorus, total Kjeldahl nitrogen, nitrate + nitrite, total nitrogen, sulfates and flow.

Public Notice No. KS-PT-21-002

The requirements of the draft permit public noticed below are pursuant to the Kansas Administrative Regulations 28-16-82 through 28-16-98, and U.S. Environmental Protection Agency Pretreatment Regulation 40 CFR 403.

Name and Address
of Applicant
Receiving Facility Type of Discharge
Kindred Biosciences, Inc.
1555 Bayshore Hwy., Suite 200
Burlington, CA 94010
Elwood Municipal Wastewater Treatment Plant Process Wastewater
Kansas Permit No. P-MO05-OO04
Federal Permit No. KSP000120
The proposed action is to issue a new pretreatment permit for a new facility. This facility manufactures animal health therapeutics consisting of monoclonal antibodies and proteins and has a primary Standard Industrial Classification (SIC) code of 2834. Process wastewater is generated during production and from washdown. Approximately 14,000-20,000 gallons of regulated process wastes can be discharged during a given day. The proposed permit contains pretreatment limitations for pH, acetone, n-amyl acetate, ethyl acetate, isopropyl acetate, methylene chloride, cyanide, ammonia, 4-methyl-2-pentanone, isobutyraldehyde, n-butyl acetate, methyl formate, isopropyl ether, tetrahydrofuran, benzene, toluene, xylenes, n-heptane, n-hexane, chloroform, 1,2-dichloroethane, chlorobenzene, o-dichlorobenzene, diethyl amine, and triethyl amine.

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 May 29, 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-21-170/177, KS-AG-R-21-008/010, KS-Q-21-028/031, KS-PT-21-002) 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. 049081