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Volume 41 - Issue 7 - February 17, 2022

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-22-054

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant		 Legal Description Receiving Water
Lane County Feeders, LLC
16 W Rd. 230
Dighton, KS 67839		 SW/4 of Section 01 &
SE/4 of Section 02 &
NE/4 & W/2 of Section 11 &
NW/4 of Section 12
T17S, R29W
Lane County		 Upper Arkansas River Basin
State Permit No. A-UALE-C004
Federal Permit No. KS0115177
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 70,000 head (70,000 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include the addition of a land application field and less-limiting rate limitation changes to three fields. There are no changes to the permit or in the permitted number of animal units. Only the updated portions of the Nutrient Management Plan are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.

Public Notice No. KS-Q-22-008/012

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
Arlington, City of
PO Box 377
Arlington, KS 67514		 North Fork Ninnescah River Treated Domestic Wastewater
Kansas Permit No. M-AR07-OO01
Federal Permit No. KS0049760
Legal Description: NE¼, NW¼, NE¼, S14, T25S, R8W, Reno County, Kansas
Facility Location: 16401 W. Irish Creek Rd., Reno County, KS
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 8/12/2021 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 4.3 mg/L for this facility. The EED was completed on 11/18/2021. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, and ammonia, as well as monitoring for E. coli and total phosphorus.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Hutchinson, City of
PO Box 1567
Hutchinson, KS		 Arkansas River Treated Domestic Wastewater
Kansas Permit No. M-AR49-OO01
Federal Permit No. KS0080586
Legal Description: SW¼, SW¼, SW¼, S9, T23S, R6W, Reno County, Kansas
Facility Name: Fun Valley Wastewater Treatment Lagoons
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility consists of ten septic tank systems and a two-cell wastewater stabilization lagoon system. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, and E. coli, as well as monitoring for ammonia, chlorides, nitrate + nitrite, total Kjeldahl nitrogen, total nitrogen, total phosphorus, and selenium.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Hardtner, City of
PO Box 217
Hardtner, KS 67057		 Driftwood Creek Treated Domestic Wastewater
Kansas Permit No. M-AR39-OO02
Federal Permit No. KS0081086
Legal Description: NE¼, SW¼, SW¼, S8, T35S, R12W, Barber 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 and E. coli.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Harshman Construction, LLC
1648 F.P. Rd.
Cedar Point, KS 66843		 Verdigris River via
Unnamed Tributary		 Process Wastewater
Kansas Permit No. I-VE38-PO01
Federal Permit No. KS0098906
Legal Description: S7 & S8, T23S, R13E, Greenwood County, Kansas
Facility Name: Hilltop Quarry
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a limestone quarrying and crushing operation with no washing. Outfall 001A consists of stormwater runoff and Outfall 002A consists of quarry pit water that is occasionally pumped from the quarry pit, when needed. The proposed permit contains generic language to protect the waters of the state.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Haviland, City of
PO Box 264
Haviland, KS 67059-0264		 Lost Lake via
Unnamed Tributary		 Treated Domestic Wastewater
Kansas Permit No. M-AR42-OO01
Federal Permit No. KS0027839
Legal Description: SE¼, SW¼, NE¼, S8, T28S, R16W, Kiowa 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. The proposed permit includes a schedule of compliance for the facility to submit a preliminary engineering report, in order to secure funding for improvements in order to meet final ammonia limits. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, ammonia, and E. coli, as well as monitoring for pH, and water level in final cell.

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 March 19, 2022, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-22-054, KS-Q-22-008/012) 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 Paige Drury, 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 at 1000 SW Jackson St., Suite 430, Topeka, KS 66612, telephone 785-296-6432 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 https://www.kdhe.ks.gov/436/Livestock-Waste-Management-Section. Division of Environment offices are open from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.

Janet Stanek
Acting Secretary

Doc. No. 049842

Secretary of State Seal