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Volume 41 - Issue 16 - April 21, 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-22-098/102

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant		 Legal Description Receiving Water
Cobalt Cattle Company, LLC - Kismet
19016 Road I
Kismet, KS 67859		 All of Section 16 &
SE/4 of Section 17 &
N/2 of Section 21
T32S, R33W
Seward County		 Cimarron River Basin
Kansas Permit No. A-CISW-C002
Federal Permit No. KS0041599
The proposed action is to modify and reissue an existing NPDES permit for an existing facility for 90,000 head (90,000 animal units) of cattle weighing greater than 700 pounds. There will be no change in the operation or permitted number of animal units from the previous permit. The facility is being re-approved, with an extended construction timeframe, for the proposed addition of 60.8 acres of pens and a sediment basin south of the existing pens which will be controlled by the existing wastewater control system. This permit is also being modified to include a name change from the previous permit This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant		 Legal Description Receiving Water
Cottonwood Feeders, LLC
Greg Bergkamp
14481 NW 50th St.
Cunningham, KS 67035		 E/2 of Section 11
T27S, R10W
Kingman County		 Lower Arkansas River Basin
Kansas Permit No. A-ARKM-C001
Federal Permit No. KS0099686
The proposed action is to reissue an existing state permit for an existing facility for 20,000 head (20,000 animal units) of cattle weighing greater 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 Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant		 Legal Description Receiving Water
Strathman Farms, LLC
1301 31st Rd.
Baileyville, KS 66404		 NW/4 of Section 18
T03S, R11E
Nemaha County		 Big Blue River Basin
Kansas Permit No. A-BBNM-B004
The proposed action is to reissue an existing state permit for an existing facility for 399 head (399 animal units) of cattle weighing more than 700 pounds, and 600 head (300 animal units) of cattle weighing less than 700 pounds, for a total capacity of 999 head (699 animal units). Proposed construction will include reapproval of plans for one open lot pen and drainage diversion extension. There will be no change in the 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
Stanley Krier
1167 One Ten Rd.
Tipton, KS 67485		 NE/4 of Section 07
T08S, R10W
Mitchell County		 Solomon River Basin
Kansas Permit No. A-SOMC-B009
The proposed action is to reissue an existing state permit for an existing facility for 500 head (500 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
Seaboard Foods, LLC - Walker Isolation #8
4101 N. Road V
Johnson, KS 67855		 SW/4 of Section 07
T28S, R42W
Stanton County		 Cimarron River Basin
Kansas Permit No. A-CIST-S002
The proposed action is to reissue an existing state permit for an existing facility for 120 head (48 animal units) of swine more than 55 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.

Public Notice No. KS-AG-R-22-006/007

Per Kansas Statutes Annotated 65-171d, the following registrations have been received for a proposed facility:

Name and Address
of Registrant		 Legal Description County
Ottley Ranch
Brian Ottley
1840 CR 12
Oakley, KS 67748		 E/2 of Section 06 &
SW/4 of Section 05
T13S, R31W		 Gove
Name and Address
of Registrant		 Legal Description County
Carr Family Ranch
Isaac Carr
6197 S. K-57 Hwy.
Junction City, KS 66441		 SW/4 of Section 05 &
SE/4 of Section 06
T13S, R07E		 Geary

Public Notice No. KS-Q-22-034/040

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
Atwood, City of
106 S. 3rd St.
Atwood, KS 67730		 Beaver Creek Treated Domestic Wastewater
Kansas Permit No. M-UR02-OO01
Federal Permit No. KS0095265
Legal Description: NW¼, NE¼, SW¼, S4, T3S, R33W, Rawlins 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 ammonia, as well as monitoring for pH, E.coli, and fluoride.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Belle Plaine, City of
PO Box 157
Belle Plaine, KS 67013		 Ninnescah River via
Unnamed Tributary		 Treated Domestic Wastewater
Kansas Permit No. M-AR09-OO03
Federal Permit No. KS0094978
Legal Description: NE¼, SW¼, SE¼, S2, T31S, R1E, Sumner County, Kansas
Facility Location: 630 S. Line St., Belle Plaine, KS 67013
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 chlorides.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Educational Facilities Authority of Butler County
220 E. First St.
El Dorado, KS 670142		 Walnut River via
Unnamed Wetland Tributary
of Constant Creek		 Process Wastewater
Kansas Permit No. I-WA09-PO21
Federal Permit No. KS0100447
Legal Description: NE¼ of SW¼ or SW¼, S3, T26S, R5E, Butler County, Kansas
Facility Name: BG Products Veterans Sports Complex
Facility Location: 400 S. Haverhill Rd., El Dorado, KS 67042
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a groundwater remediation facility that treats hydrocarbons that surfaced during construction of this sports stadium. The contaminated groundwater is collected using a trench system and the groundwater is treated with an oil/water separator, before being discharged to Outfall 001A. The proposed permit contains limits for oil and grease, as well as monitoring for flow and tank oil depth readings.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Flat Land Excavating
13575 E. Gilman Rd.
Lansing, KS 66043		 Kansas River via
Stranger Creek via
Unnamed Tributary		 Process Wastewater
Kansas Permit No. I-KS13-PO04
Federal Permit No. KS0099538
Legal Description: NW¼, S20, T8S, R21E, Leavenworth County, Kansas
Facility Name: Easton 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 from the quarry area and a portion of the landfill cap and will be treated by two ponds in series. All contact water will be located at the open face of the landfill and will not runoff but seep into the landfill. The Construction/Demolition (C/D) landfill area, including the contact water, will be permitted by the Bureau of Waste Management. The proposed permit contains generic language to protect the waters of the state.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Geuda Springs, City of
PO Box 6
Geuda Springs, KS 67051		 Arkansas River via
Salt Creek		 Treated Domestic Wastewater
Kansas Permit No. M-AR36-OO01
Federal Permit No. KS0116807
Legal Description: NE¼, NW¼, NW¼, S7, T34S, R3E, Cowley 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 contains limits for biochemical oxygen demand and total suspended solids, as well as monitoring for pH, ammonia, E. coli, chlorides, total phosphorus, nitrate + nitrite, total Kjeldahl nitrogen, and total nitrogen.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Hoisington, City of
PO Box 418
Hoisington, KS 67544		 Blood Creek via
Unnamed Tributary		 Treated Domestic Wastewater
Kansas Permit No. M-AR45-OO01
Federal Permit No. KS0022454
Legal Description: N½, NW¼, S10, T18S, R13W, Barton 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, E. coli, total phosphorus, nitrate + nitrite, total Kjeldahl nitrogen, total nitrogen, and flow to receiving stream.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Oxford, City of
PO Box 337
Oxford, KS 67119		 Arkansas River Treated Domestic Wastewater
Kansas Permit No. M-AR68-OO01
Federal Permit No. KS0028011
Legal Description: NE¼, NW¼, SW¼, S13, T32S, R2E, Sumner 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 facility can meet the 2013 EPA ammonia criteria. However, per the Reasonable Potential procedure in the Kansas Implementation Procedures – Wastewater Permitting using the assumed coefficient of variation (Cv) of 0.6 and Cp/Cmean of 2.13, the below calculations prove there is no reasonable potential to exceed water quality-based permit limits for ammonia. In addition, the highest recorded value over the prior two permit cycles was 8.5 mg/l, which is well under the lowest proposed quarterly limit of 37.2 mg/l. However, continued quarterly monitoring of effluent ammonia will be required. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, and E. coli, as well as monitoring for pH, ammonia, total phosphorus, and chlorides.

Public Notice No. KS-PT-22-001/004

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
Dayton Superior Corporation
7777 Washington Village Dr., Suite 130
Dayton, OH 45459		 Parsons Municipal Wastewater Treatment Plant Process Wastewater
Kansas Permit No. P-NE55-OO07
Federal Permit No. KSP000097
Facility Location: 1900 Wilson Ave., Parsons, KS 67357
The proposed action is to reissue an existing pretreatment permit for an existing facility. This facility manufactures concrete reinforcing bars and rods made of steel. The steel is processed in a phosphating operation, prior to being painted, to produce the final product. Phosphating is considered to be a type of conversion coating operation, which is one of the six core processes under the Metal Finishing Standard. Outfall 001 consists of phosphating wastes, which can be discharged to the city sewer, from one of two tanks. Generally, these wastes are not discharged to the city sewer but treated by an on-site evaporator. The proposed permit contains pretreatment limitations for pH, total toxic organics, cadmium, chromium, copper, lead, nickel, silver, zinc, and cyanide.
Name and Address
of Applicant		 Receiving Facility Type of Discharge
Great Plains Manufacturing, Inc.
1525 E. North St.
Salina, KS 67402-5060		 Tipton Municipal Wastewater Treatment Plant Process Wastewater
Kansas Permit No. P-SO42-OO01
Federal Permit No. KSP000098
Facility Name: Great Plains Manufacturing – Tipton Facility
Facility Location: 607 Main St., Tipton, KS 67485
The proposed action is to reissue an existing pretreatment plant for an existing facility. This facility manufactures various types of farm tillage equipment. Steel parts are welded, phosphate and painted to produce the final product. Regulated wastes consist of wastewater from a conversion coating (phosphating) operation, which is a pressure spray gun system in a wash booth. Spent phosphating wastes are sent to a 275-gallon recirculation tank and then sent to two, 500 gallon tanks for treatment. Outfall 001 consists of treated wash-water from the treatment system. The proposed permit contains pretreatment limitations for pH, total toxic organics, cadmium, chromium, copper, lead, nickel, silver, zinc, and cyanide.
Name and Address
of Applicant		 Receiving Facility Type of Discharge
Landoll Company, LLC
1900 North St.
Marysville, KS 66508		 Waterville Municipal Wastewater Treatment Plant Process Wastewater
Kansas Permit No. P-BB22-OO02
Federal Permit No. KSP000089
Facility Location: 451 K-9 Hwy., Waterville, KS 66548
The proposed action is to reissue an existing pretreatment plant for an existing facility. This facility manufactures metal trailers that transport livestock and other agricultural products. Steel parts are welded, phosphate and painted to produce the final product. Outfall 001 consists of wastewater from the phosphating (conversion coating) operation, once the phosphating solution has been applied to steel parts, using a pressure spray gun system. Outfall 001 would be any wastewater discharged from the plasma arc table, when it is drained.
Name and Address
of Applicant		 Receiving Facility Type of Discharge
RitePack, Inc.
PO Box 80
Elwood, KS 66024		 Elwood Municipal Wastewater Treatment Plant Process Wastewater
Kansas Permit No. P-MO05-OO03
Federal Permit No. KSP000105
Facility Location: 502 S. 15th St., Elwood, KS 66024
The proposed action is to reissue an existing pretreatment permit for an existing facility. This facility produces insecticide ear tags for cattle, pour-ons and premise sprays. Outfall 001 consists of process wastewater resulting from the cleaning of equipment between product changes. A small amount of wastewater from hand washing and domestic wastes from restrooms are discharged directly to the city sewer. Process wastewater is held in a holding tank and is discharged to the city sewer as a batch. Wastewater can be treated by being neutralized and heated before being discharged to the city sewer, if necessary. The proposed permit contains pretreatment limitations for pH, as well as monitoring for pH and phenol.

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 21, 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-22-098/102, KS-AG-R-22-006/007, KS-Q-22-034/040, KS-PT-22-001/004) 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. 050055

Secretary of State Seal