Volume 41 - Issue 39 - September 29, 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-22-249

Application(s) for New or Expansion of Existing Swine Facilities

Name and Address of Applicant	Owner of Property Where Facility Will Be Located
Calvert Swine, LLC 1304 W. Fox Rd Long Island, KS 67647	Calvert Swine, LLC 1304 W. Fox Rd Long Island, KS 67647
Legal Description	Receiving Water
SW/4 of Section 19 T02S, R21W Norton County	Upper Republican River Basin
Kansas Permit No. A-URNT-H008 Federal Permit No. KS0100421
This is notification KDHE has received a complete permit application for the modification of a swine waste management facility capable of housing 6,800 head (2,720 animal units) of swine weighing more than 55 pounds each 10,000 head (1,000 animal units) of swine weighing less than 55 pounds each or a total of 16,800 head (3,720 animal units) of total swine. The complete application can be viewed at the office of the Norton County Clerk, at the KDHE Northwest District Office in Hays, Kansas or the KDHE Main Office in Topeka, KS. A permit to operate the proposed swine waste management system will not be issued without additional public notice.

Public Notice No. KS-AG-22-250

Application(s) for New or Expansion of Existing Swine Facilities

Name and Address of Applicant	Owner of Property Where Facility Will Be Located
Quivira Pork, LLC 1795 Quail Ave. Washington, KS 66968	Quivira Pork, LLC – Pat Meuret PO Box 146 Brunswick, NE 68720
Legal Description	Receiving Water
NW/4 of Section 26 T01S, R03E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-S044
This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 1,644 head (657.6 animal units) of swine weighing greater than 55 pounds, and 2,240 head (224 animal units) of swine weighing 55 pounds or less for a total of 881.6 animal units of swine. The complete application can be viewed at the office of the Washington County Clerk, the KDHE District Office in Salina, Kansas or the KDHE Main Office in Topeka, Kansas. A permit to operate the proposed swine waste management system will not be issued without additional public notice.

Public Notice No. KS-AG-22-251

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
J7 Dairy, LLC/Greeley 1 Dairy, LLC 1187 Road B Tribune, KS 67879	N/2 of Section 10 T16S, R41W Greeley County	Smoky Hill River Basin
Kansas Permit No. A-SHGL-D002 Federal Permit No. KS0098434
The proposed action is to reissue an existing NPDES permit for an existing facility for 1,300 head (1,300 animal units of cattle weighing more than 700 pounds, 2,500 head (1,250 animal units) of cattle weighing less than 700 pounds, and 4,100 head (5,740 animal units) of mature dairy cows, for a total of 8,290 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 Nutrient Management Plan on file with KDHE.

Public Notice No. KS-Q-22-088/090

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
Leavenworth County 300 Walnut, Suite 007 Leavenworth, KS 66048	Kansas River via Stranger Creek via Nine Mile Creek Via unnamed tributary	Processed Wastewater
Kansas Permit No. I-KS71-PO03 Federal Permit No. KS0088439
Legal Description: SW ¼ of Section 6, Township 11S, Range 21E and NW ¼ of Section 7, Township 11S, Range 21E of Leavenworth County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a limestone quarrying and crushing operation with no washing. Outfalls 001A, 002A and 003A consists of storm-water runoff. Outfall 003A1 will discharge storm-water runoff via a sedimentation basin from a newly developed area. The facility site also includes County maintenance activities, including covered salt storage, road materials mixing areas, vitrified clay and limestone chip storage and a firing range for the sheriff’s Department. The proposed permit contains generic language to protect the waters of the state.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Hamm, Inc. 609 Perry Pl. Perry, KS 66073	Kansas River via Cedar Creek via unnamed tributary	Processed Wastewater
Kansas Permit No. I-KS52-PO10 Federal Permit No. KS0092321
Legal Description: W 1/2 of Section 16, Township 14S, Range 23E of Johnson County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a limestone quarrying and crushing operation with no rock washing. This site also has an active Construction and Demolition (C&D) landfill that does not discharge and is permitted by KDHE’s Bureau of Waste Management. All contact water from the landfill is reused on-site and is not discharged. Outfall 001A and 004A consists of stormwater runoff but may also have water pumped from the quarry pit. Outfall’s 001A, 002A, 003A and 004A consist of stormwater runoff and some stormwater is treated with an on-site settling pond before being discharged. The proposed permit contains generic language to protect the waters of the state.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Halstead, City of PO Box 312 Halstead, KS 67056	Little Arkansas River	Treated Domestic Wastewater
Kansas Permit No. M-LA06-OO01 Federal Permit No. KS0026263
Legal Description: NW¼, NE¼, SW¼, Section 1, Township 24S, Range 2W Harvey County, Kansas
Facility Location: 4200 S. Hertzler, Halstead, KS 67056
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of: influent pump station, fine screens, grit removal, oxidation ditch, UV disinfection, final clarifiers (2), aerated sludge storage tank, sludge drying beds, and effluent high water pump station. The existing facility contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, and Total Phosphorus, as well as monitoring for Nitrates + Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, Total Phosphorus, Arsenic, Chloride, and Selenium. The permit will include the following schedule of compliance: A Total Maximum Daily Load for total phosphorus has been adopted in the Kansas Surface Water Quality Standards including a Waste Load Allocation for the Halstead Municipal Treatment Plant. The total phosphorus annual average mass loading Final Limit is imposed through the special conditions and following schedule of compliance of this permit.

Public Notice No. KS-NQ-22-003/004

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
Bucklin Tractor and Implement, Co. 1248 SE 10 Ave. Great Bend, KS 67530	SE¼, Section 9, Township 20S, Range 13W, Barton County, KS	Non-Overflowing
Kansas Permit No. I-UA16-NO03 Federal Permit No. KSJ001006
Facility Name: Bucklin Tractor Equipment Facility – Great Bend
Facility Location: 94 SE 30 Rd., Great Bend, KS 67530
The proposed action is to issue a new, non-discharging State/NPDES permit for a new, non-discharging facility. The facility is a single-cell non-discharging wastewater stabilization lagoon with an average inflow of 1,420 gallons per day. The lagoon has an approximate total surface area of 31,360 square feet at top of dike with a capacity of 807,000 gallons excluding freeboard volume. The lagoon has a double-synthetic liner with an intermediate leak detection system. In the absence of any Federal standards being applicable, Best Professional Judgement (BPJ) requirements have been used. They include requiring the permittee to check the intermediate leak detection system’s sump on a weekly basis and measure and record the amount of leachate pumped out of the monitoring well. The permittee must notify KDHE if amount of leachate exceeds the action leakage rate calculated. In compliance with Kansas and federal law, KDHE has approved an antidegradation review for this new facility for increased concentrations and mass of some pollutants to the receiving stream. The water quality of the receiving stream will not be lowered below the quality necessary to support existing designated uses.
Name and Address of Applicant	Legal Location	Type of Discharge
AVA Meat Processing 142 Ellis Terr. Williamsburg, KS 66095	NE¼, NE¼, SE¼, Section 22, Township 18S, Range 17E Osage County, Kansas	Non-Overflowing
Kansas Permit No. I-MC50-NO01 Federal Permit No. KSJ000711
Facility Name: AVA Meat Processing–Williamsburg
Facility Location: 142 Ellis Terr., Williamsburg, KS 66095
The proposed action is to issue a new, non-discharging State/NPDES permit for a new, non-discharging facility. This facility operates a slaughterhouse and meat processing operation for processing about 50 head of cattle per week and 10 head of pigs, goats, and/or sheep into various meat products. Wastewater from the meat processing operation and domestic wastewater flows through a grease trap into a non-overflowing earthen lagoon. A second cell located adjacent to the first cell is proposed to be constructed and used to store excess wastewater accumulations at a future date. Wastewater land application is performed onto adjacent agricultural ground. The proposed permit contains generic language to protect the waters of the state. In compliance with Kansas and federal law, KDHE has approved an antidegradation review for this new facility for increased concentrations and mass of some pollutants to the receiving stream. The water quality of the receiving stream will not be lowered below the quality necessary to support existing designated uses.

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 October 29, 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-22-249/251, KS-Q-22-088/090, KS-NQ-22-003/004) 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 Neal Niceswanger, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-6804 or email at Neal.Niceswanger@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. 050533