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Volume 41 - Issue 14 - April 7, 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-22-089

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant		 Legal Description Receiving Water
Circle K Cattle
Lee Kohake
1942 A Rd.
Baileyville, KS 66404		 NW/4 of the SW/4 of Section 31
T02S, R11E
Nemaha County		 Kansas River Basin
Kansas Permit No. A-KSNM-B008
The proposed action is to issue a new state permit for a facility for 999 head (999 animal units) of greater than 700 lb. beef cattle. The facility has proposed modifications to include; addition of a confinement barn (60’ x 450’), a commodities storage area, diversion berms, channels, two settling basins, and a single new wastewater retention structure (RCS 1). This facility has an approved Waste Management Plan on file with KDHE.

Public Notice No. KS-Q-22-020/026

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
Almena, City of
PO Box 277
Almena, KS 67622		 Prairie Dog Creek Treated Domestic Wastewater
Kansas Permit No. M-UR01-OO02
Federal Permit No. KS0096768
Legal Description: NE¼, NW¼, NE¼, S9, T2S, R21W, Norton 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, total phosphorus, and total recoverable arsenic.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Attica, City of
PO Box 421
Attica, KS 67009		 Sandy Creek via Camp Creek Treated Domestic Wastewater
Kansas Permit No. M-AR08-OO01
Federal Permit No. KS0116785
Legal Description: NW¼, SE¼, NW¼, S30, T32S, R8W, Harper 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 9/21/2021 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 4.6 mg/L for this facility. The EED was completed on 2/7/2022. The proposed permit contains limits for biochemical oxygen demand, total suspended solids and ammonia, as well as monitoring for pH and E. coli.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Bucklin, City of
PO Box 458
Bucklin, KS 67834		 Rattlesnake Creek via
West Fork Rattlesnake Creek		 Treated Domestic Wastewater
Kansas Permit No. M-AR13-OO01
Federal Permit No. KS0026166
Legal Description: SE¼, SE¼, SW¼, S4, T29S, R21W, Ford 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 9/14/2021 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 6.1 mg/L for this facility. The EED was completed on 1/25/2022. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, and ammonia, as well as monitoring for pH, E. coli, chloride, and total phosphorus.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Clearview Village, Inc.
36000 W. 103rd St.
Clearview City, KS 66019		 Kansas River via
Kill Creek via
Hanson Creek		 Treated Domestic Wastewater
Kansas Permit No. C-KS12-OO01
Federal Permit No. KS0090671
Legal Description: NE¼, NW¼, SW¼, S5, T13S, R22E, Johnson County, Kansas
Facility Name: Clearview City Wastewater Treatment Facility
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, ammonia, and E. coli, as well as monitoring for pH and total phosphorus.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Dexter, City of
PO Box 6
Dexter, KS 67038		 Grouse Creek Treated Domestic Wastewater
Kansas Permit No. M-AR30-OO01
Federal Permit No. KS0022667
Legal Description: SE¼, SE¼, SW¼, S13, T33S, R6E, Cowley 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 and total suspended solids, as well as monitoring for pH, ammonia, and E. coli.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Turon, City of
PO Box 366
Turon, KS 67583		 North Fork Ninnescah River
via Silver Creek via
Unnamed Tributary		 Treated Domestic Wastewater
Kansas Permit No. M-AR89-OO01
Federal Permit No. KS0115070
Legal Description: NW¼, SW¼, NE¼, S9, T26S, R10W, Reno 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 10/14/2021 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 12.6 mg/L for this facility. The EED was completed on 12/7/2021. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, and ammonia, as well as monitoring for pH and E. coli.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Windom, City of
PO Box 38
Windom, KS 67491		 Little Arkansas River
via Unnamed Tributary		 Treated Domestic Wastewater
Kansas Permit No. M-LA18-OO01
Federal Permit No. KS0051721
Legal Description: NW¼, NE¼, NE¼, S30, T19S, R5W, McPherson 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, totals suspended solids, ammonia, and E. coli, as well as monitoring for pH, nitrate + nitrite, total Kjeldahl nitrogen, total nitrogen, total phosphorus, arsenic, chlorides, and selenium.

Public Notice No. KS-NQ-22-002

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
Kickapoo Tribes in Kansas
1107 Goldfinch Rd.
Horton, KS 66439		 NW¼, SE¼, NW¼
S34, T4S, R15E
Brown County, Kansas		 Non-Overflowing
Kansas Permit No. C-KS24-NO01
Federal Permit No. KSJ000113
Facility Name: Kickapoo Truck Stop Wastewater Treatment Facility
Facility Location: 1050 US-75 Hwy., Netawaka, KS 66516
The proposed action is to reissue an existing, non-discharging State/NPDES permit for an existing, non-discharging facility. This facility is a three-cell wastewater stabilization lagoon system. This proposed permit contains a schedule of compliance stating the facility shall have a KDHE-certified operator.

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 7, 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-22-089, KS-Q-22-020/016, KS-NQ-22-002) 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 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 Mirina Landry 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.kdhe.ks.gov/livestock. Division of Environment offices are open from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.

Janet Stanek
Secretary

Doc. No. 049999

Secretary of State Seal