Volume 41 - Issue 27 - July 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-22-159/167

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Hartter Bros Pork, LLC - RC27 2225 192nd Rd. Sabetha, KS 66534	NW/4 of Section 27 T02S, R14E Nemaha County	Kansas River Basin
Kansas Permit No. A-KSNM-S046
The proposed action is to issue a new state permit for a facility for 2,400 head (960 animal units) of swine weighing greater than 55 pounds. The facility will consist of 2 swine buildings with associated concrete pits underneath. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Powerline Dairy, LLC Forget-Me-Not Farms 17505 23rd Rd. Cimarron, KS 67835	All of Section 27 and SW/4 of Section 22 T26S, R27W Gray County	Upper Arkansas River Basin
Kansas Permit No. A-UAGY-D003 Federal Permit No. KS0099325
The proposed action is to modify and reissue the existing State/NPDES permit for a facility for a proposed maximum capacity of 33,000 head (46,200 animal units) of mature dairy cattle. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to construct a milking parlor, a confinement barn, a manure storage area, a commodity storage area, six (6) settling basins, five (5) wastewater retention control structures to the west of the existing facility.
Name and Address of Applicant	Legal Description	Receiving Water
Miller Dairy, Inc. Orville Miller 6400 W. Illinois Ave. Hutchinson, KS 67501	SW/4 of Section 30 T23S, R06W Reno County	Lower Arkansas River Basin
Kansas Permit No. A-ARRN-M003
The proposed action is to modify and reissue the existing state permit for a facility for a proposed maximum capacity of 374 head (523.6 animal units) of mature dairy cattle, 350 head (350 animal units) of cattle weighing greater than 700 pounds, and 250 head (125 animal units) of cattle weighing 700 pounds or less; for a total of 998.6 animal units of cattle. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to add a freestall barn, a concrete stacking area, two concrete sediment basins, and an earthen retention control structure.
Name and Address of Applicant	Legal Description	Receiving Water
Triple H Feeders, LLC 24052 140 Rd. Lebanon, KS 66952	NE/4 of Section 12 and S/2 and NW/4 of Section 01 T03S, R12W & SW/4 of Section 36 T02S, R12W Smith County	Solomon River Basin
Kansas Permit No. A-SOSM-C002 Federal Permit No. KS0092576
The proposed action is to modify and reissue an existing NPDES permit for an existing facility 28,000 head (28,000 animal units) of cattle weighing greater than 700 pounds. This is an increase from the last permit. This increase is supported by the addition of three new pen/drainage areas (Drainage areas 7, 8, and 9) with five new collection channels and three new sedimentation basins. The collection channels and sediment basins convey pen runoff to three new waste storage ponds (RCS 7, 8, and 9). Other modifications include pen grading with new bunks, aprons, pen fences, frost-proof water tanks, water lines, and feed roads. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Brookover Feed Yard Brian Price 3013 N. US-83 Hwy. Garden City, KS 67846	All of Section 01 T24S, R33W & SE/4 of Section 32 and SW/4 of Section 33 and SW/4 of Section 34 T23S, R33W Finney County	Upper Arkansas River Basin
Kansas Permit No. A-UAFI-C013 Federal Permit No. KS0115011
The proposed action is to reissue an existing NPDES permit for an existing facility for 40,000 head (40,000 animal units) of cattle weighing 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Davis Farms dba Foster Dairy 1037 K-39 Hwy. Fort Scott, KS 66701	SW/4 of Section 05 T27S, R23E Bourbon County	Marais des Cygnes River Basin
Kansas Permit No. A-MCBB-M003
The proposed action is to reissue an existing state permit for an existing facility for 200 head (280 animal units) of mature dairy cattle, 25 head (25 animal units) of dairy cattle weighing greater than 700 pounds, and 70 head (35 animal units) of dairy calves weighing less than 700 pounds; for a total of 340 animal units. 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
Dan Ochs 2001 W. Road 90 S. Grainfield, KS 67737	SE/4 of Section 30 T09S, R28W Sheridan County	Saline River Basin
Kansas Permit No. A-SASD-B007
The proposed action is to reissue an existing state permit for an existing facility for 100 head (100 animal units) of cattle weighing more than 700 pounds and 100 head (50 animal units) of cattle weighing less 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
Duane and Alison Mueting 1528 D Rd. Baileyville, KS 66404	SW/4 of Section 22 T03S, R11E Nemaha County	Big Blue River Basin
Kansas Permit No. A-BBNM-S012
The proposed action is to reissue an existing state permit for an existing facility for 330 head (33 animal units) of swine weighing less than 55 pounds, 50 head (50 animal units) of cattle weighing more than 700 pounds, and 40 head (20 animal units) of cattle weighing less than 700 pounds, for a total of 103 animal units. 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
Heritage Beef, LLC 1506 Road 30 Sublette, KS 67877	SW/4 and E/2 of Section 08 & W/2 of Section 09 T27S, R32W Haskell County	Upper Arkansas River Basin
Kansas Permit No. A-UAHS-C003 Federal Permit No. KS0115033
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 75,000 head (75,000 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include application rate limitation changes. The application rate limitation for four fields have become less restrictive. 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.

Public Notice No. KS-Q-22-056/059

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
Clay Center, City of 427 Court St. Clay Center, KS 67432	Republican	Process Wastewater
Kansas Permit No. I-LR05-PO04 Federal Permit No. KS0098477
Legal Description: SW¼, S7, T8S, R3E, Clay County, Kansas
Facility Name: Clay Center Water Treatment Plant
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a potable water treatment plant. Raw well water is treated with potassium permanganate and then routed through 3-6 cell Greensand Plus (GS+) filters, treated with an anti-scalant and then routed through cartridge filters for further treatment. The water is then sent through a four-unit parallel-operated Reverse Osmosis (RO) treatment system, chlorinated and treated with sodium hydroxide, prior to being sent to the above ground storage tank for distribution to the Clay Center potable public water supply system. The proposed permit contains limits for pH, as well as monitoring for flow, phosphorus, and total suspended solids.
Name and Address of Applicant	Receiving Stream	Type of Discharge
N.R. Hamm Quarry, Inc. PO Box 17 Perry, KS 66073	Kansas River via Muddy Creek via Elm Creek	Process Wastewater
Kansas Permit No. I-KS86-PO02 Federal Permit No. KS0100129
Legal Description: E½ of SE¼ of S8 and NE¼, SW¼, S½ of NW¼ of S9, NW¼, NW¼, SW¼ of S16, T11S, R17E, Jefferson County, Kansas
Facility Name: Grantville II Quarry
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a limestone quarrying and crushing operation with washing. The wash-water generated on-site and stormwater runoff is treated by settling ponds, rock check dams and discharges to a large freshwater pond, before discharging from Outfall 001A. Outfall 002A consists of quarry pit water and stormwater runoff that drains naturally from the stockpile area. The proposed permit contains limits for total suspended solids.
Name and Address of Applicant	Receiving Stream	Type of Discharge
N.R. Hamm Quarry, Inc. PO Box 17 Perry, KS 66073	Missouri River via Wolf River via Unnamed Tributary	Process Wastewater
Kansas Permit No. I-MO22-PO02 Federal Permit No. KS0097837
Legal Description: N½, S8, T3S, R20E, Doniphan County, Kansas
Facility Name: Troy/Huss Quarry
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a limestone quarry and crushing operation, with no rock washing. Outfalls 001A and 002A consist of stormwater runoff and quarry pit water. The proposed permit contains generic language to protect the waters of the state.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Peck Improvement District 1495 N. Meridian Peck, KS 67120	Ninnescah River via Unnamed Tributary	Treated Domestic Wastewater
Kansas Permit No. M-AR09-OO04 Federal Permit No. KS0098256
Legal Description: SE¼, SW¼, NE¼, S1, T30S, R1W, Sumner 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, total suspended solids, ammonia, and E. coli, as well as monitoring for pH and chlorides.

Public Notice No. KS-PT-22-007/008

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
Circle D Corporation 613 N. Ash St. Hillsboro, KS 67063	Hillsboro Municipal Wastewater Treatment Plant	Process Wastewater
Kansas Permit No. P-NE35-OO02 Federal Permit No. KSP000034
The proposed action is to reissue an existing pretreatment permit for an existing facility. This facility manufactures fifth wheel trailers and pickup flatbed bodies which are welded, phosphating and 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 is discharged to the city sewer, after the wastewater is neutralized for pH. The proposed permit has 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
Heatron, Inc. 3000 Wilson Ave. Leavenworth, KS 66048	Leavenworth Municipal Wastewater Treatment Plant	Process Wastewater
Kansas Permit No. P-MO12-OO03 Federal Permit No. KSP000114
Facility Name: Heatron, Inc. Plant #2
Facility Location: 200 Commercial St., Leavenworth, KS 66048
The proposed action is to reissue an existing pretreatment permit for an existing facility. This facility manufactures cartridge heaters used in various industrial and medical applications. Metal parts are cleaned, electropolished and passivated to produce the heaters. Stainless steel parts are also tested in a series of plastic tanks containing water, which is a subprocess. Passivating is a core process under the Metal Finishing Standard. Wastewater from this operation is neutralized for pH on-site and discharges from Outfall 001 on a batch basis. The proposed permit has pretreatment limitations for pH, total toxic organics, cadmium, chromium, copper, lead, nickel, silver, zinc, and cyanide.

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 August 6, 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-22-159/167, KS-Q-22-056/059, KS-PT-22-007/008) 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 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
Secretary

Doc. No. 050312