Volume 41 - Issue 21 - May 26, 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-22-131/134

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Tuls Dairy Farms, LLC PO Box 1138 Liberal, KS 67905	W/2 of Section 21 T33S, R34W Seward County	Cimarron River Basin
Kansas Permit No. A-CISW-D001 Federal Permit No. KS0090620
The proposed action is to modify and reissue an existing State/NPDES permit for a facility for a proposed maximum capacity of 300 head (300 animal units) of dairy heifers and 5100 head (7140 animal units) of mature dairy cattle for a total of 7440 animal units. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to increase the storage capacity of a waste retention control structure and to describe decommissioned areas of the facility and a newly constructed freestall barn. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Kerry and Roy Ferguson 2051 120 Rd. Kensington, KS 66951	SW/4 of Section 30 T02S, R15W Smith County	Solomon River Basin
Kansas Permit No. A-SOSM-B019
The proposed action is to modify and reissue the existing state permit for a facility for a proposed maximum capacity of 999 head (999 animal units) of cattle weighing greater than 700 pounds. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to propose the construction of an additional 4.5 acres of open-lot pens to the east of the north pens that will drain east through a vegetative treatment area. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Sunflower Pork, Inc. - West Facility 14406 W. 1300 Rd Westphalia, KS 66093	SW/4 of Section 08 T20S, R17E Coffey County	Marais des Cygnes River Basin
Kansas Permit No. A-MCCF-H001 Federal Permit No. KS0115568
The proposed action is to reissue an existing NPDES permit for an existing facility for 8,400 head (3,360 animal units) of swine weighing 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Condray Farms, Inc. 451 3rd Rd. Clifton, KS 66937	SW/4 of Section 22 T05S, R01E Washington County	Lower Republican River Basin
Kansas Permit No. A-LRWS-H008 Federal Permit No. KS0095974
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 8,000 head (3,200 animal units) of swine weighing more than 55 pounds. The facility’s NMP was updated to include changes in the application rate limitations for their fields. The application rate limitations for two fields 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-Q-22-047/048

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
Chemical Waste Management, Inc. 8808 N. 127th St. East Valley Center, KS 67147	Whitewater River via Prairie Creek via Unnamed Tributary	Process Wastewater
Kansas Permit No. I-WA24-PO02 Federal Permit No. KS0100846
Legal Description: SW¼, S26, T25S, R2E, Sedgwick County, Kansas
Facility Name: Chemical Waste Management Groundwater Remediation Project
The proposed action is to reissue an existing State/NPDES permit for an existing facility. Chlorinated hydrocarbon contaminated groundwater from various extraction wells from a former waste management and landfill facility will be collected in a 5,500 gallon above ground storage tank and batch treated with an air stripper prior to discharge. Alternatively, trench water will be treated with the air stripper and then a Granulated Activated Carbon (GAC) vessel prior to collection in a separate 5,000 gallon above ground holding tank. Then untreated B-level water will be blended with the treated trench water for a second time through the air stripper before being discharged. The proposed permit contains limits for pH, trichloroethene, tetrachloroethene, 1,2-dichloroethene, 1,1,2-trichloroethene, chloroethylene, benzene, trichloromethane, 1,1,2,2-tetrachloroethene, methylene chloride, 1,2 dichloropropane, 1,1 dichloroethane, 1,1 dichloroethene, pentachlorophenol, and whole effluent toxicity, as well as monitoring for flow, heavy metals, volatile organic compounds, and sulfate.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Lawrence, City of PO Box 708 Lawrence, KS 66044	Kansas River via Yankee Tank Creek	Process Wastewater
Kansas Permit No. I-KS31-PO23 Federal Permit No. KS0099121
Legal Description: SW¼, S4, T13S, R19E, Douglas County, Kansas
Facility Name: Lawrence - Clinton Water Treatment Plant
Facility Location: 2101 Wakarusa Dr., Lawrence, KS 66047
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a public water treatment plant. Pump stations convey raw water from Clinton Reservoir and a copper ion solution is added to the raw water transmission line to control zebra mussels. The water is then treated via two water treatment trains, each consisting of a pre-sedimentation basin, a primary and a secondary basin. Eight filters are used for both treatment trains, before the water is sent to storage and distribution. The raw water is treated with powdered activated carbon, lime, various polymers, sodium hypochlorite, aqua ammonia, ferric chloride, carbon dioxide, sodium fluoride and phosphate, as it passes through various processes. The filter backwash water and sludges from the basins are treated with sodium bisulfite to remove chlorine, before being routed to a two, single cell lagoon system, operated in parallel. The proposed permit contains limits for total suspended solids and total residual chlorine, as well as monitoring for copper and pH.

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 June 25, 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-22-131/134, KS-Q-22-047/048) 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. 050166