Volume 41 - Issue 46 - November 17, 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-22-296

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Keeott Farms, Inc. 970 18th Rd. Clay Center, KS 67432	SW/4 of Section 27 T07S, R02E Clay County	Lower Republican River Basin
Kansas Permit No. A-LRCY-H004 Federal Permit No. KS0094471
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 3,220 head (1,288 animal units) of swine weighing greater than 55 pounds and 1,600 head (160 animal units) of swine weighing 55 pounds or less for a total of 1,448 animal units of swine. The facility’s NMP was updated to include changes in application rate limitations for their fields. One of the fields application rate limitation has 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-22-108/112

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
Ash Grove Cement Company 11011 Cody Overland Park, KS 66210	Verdigris River via Greathouse Creek via unnamed tributary	Processed Wastewater
Kansas Permit No. I-VE10-PO01 Federal Permit No. KS0100358
Legal Description: NE 1/4 of Section 31, Township 27S, Range 14E of Wilson County, KS
Facility Location:
Feature Name	Latitude	Longitude
Facility Center	37.66204	-95.90912
Outfall 001A	37.66327	-95.91031
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a sandstone quarrying operation with no washing. Outfall 001A consists of stormwater runoff and quarry pit water, which is treated by a settling pond, before discharging. The proposed permit contains generic language to protect the waters of the state.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Carbondale, City of PO Box 70 Carbondale, KS 66414	Burys Creek	Treated Domestic Wastewater
Kansas Permit No. M-KS07-OO01 Federal Permit No. KS0026174
Legal Description: NW¼, NE¼, Section 24, Township 14S, Range 15E of Osage County, KS
Facility Location:
Feature Name	Latitude	Longitude
Facility	38.82424	-95.69349
002 - Influent	38.82492
001 - Effluent	38.82586
Outfall	38.82586	-95.69123
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a six-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. The detention time at the design flow is 124 days. The rated flow for 120 days detention time is 0.206 MGD. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coli, as well as monitoring for pH. 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 03/23/2022 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 7.6 mg/L for this facility. The EED was completed on 11/7/22.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Johnson County Wastewater for Board of County Commissioners 11811 S. Sunset Dr. Olathe, KS 66061-7061	Negro Creek	Treated Domestic Wastewater
Kansas Permit No. M-MO26-OO06 Federal Permit No. KS0092738
Legal Description: SW¼, NE¼, Section 10, Township 14S, Range 25E of Johnson County, KS
Facility Location:
Feature Name	Latitude	Longitude
Facility Center	38.84930	-94.61908
001 – Effluent	38.84999	-94.61874
002 – Influent	38.84924	-94.61994
003 – Negro Creek Upstream	38.85437	-94.61698
004 – Negro Creek Downstream	38.85476	-94.61643
005 – Negro Creek Downstream2	38.85889	-94.61179
Outfall	38.85393	-94.61636
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: mechanical bar screen, grit removal, BNR activated sludge system (3 trains), final clarifiers (3 active), UV disinfection, peak flow equalization basin, dissolved air flotation (DAF), and rotary drum thickener. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. The proposed permit contains limits for Carbonaceous Biochemical Oxygen, Total Suspended Solids, pH, Ammonia, E. coli, Dissolved Oxygen, and Total Whole Effluent Toxicity; as well as monitoring for Temperature, Nitrates + Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, and Total Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Sterling, City of PO Box 287 Sterling, KS 67579	Cow Creek via Bull Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-AR85-OO01 Federal Permit No. KS0024783
Legal Description: N½, SE¼, SW¼ and N½, SW¼, SE¼, Section 22, Township 21S, Range 8W of Rice County, KS
Facility Location:
Facility Name	Latitude	Longitude
Facility Center	38.20592	-98.19046
002 – Influent	38.20606	-98.18473
001 – Effluent	38.20483	-98.19247
Outfall	38.20295	-98.19192
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a four-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. The detention time at the design flow is 158 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coli; as well as monitoring for pH, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, Chloride, and Selenium. The proposed permit has a schedule of compliance that is as follows: “Permittee has received a Consent Order Case Docket No. 19-E-01 BOW from KDHE. Permittee shall implement the requirements of the Consent Order and any amendments or replacements thereto.” 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 7/13/2022 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 7.4 mg/L for this facility. The EED was completed on 8/8/2022.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Wilsey, City of 409 Lyndon St. Wilsey, KS 66873	Elm Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-NE69-OO01 Federal Permit No. KS0089907
Legal Description: NW¼, NE¼, SW¼, Section 28, Township 16S, Range 7E and SW¼, SE¼, NW¼, Section 28, Township 16S, Range 7E of Morris County, KS
Facility Location:
Feature Name	Latitude	Longitude
Facility Center	38.63095	-96.66539
002A – Influent	38.63062	-96.66559
001A – Effluent	38.63139	-96.66576
Outfall	38.63146	-96.66568
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a two-cell wastewater stabilization lagoon system with a minimum of 150 days detention time. The facility receives domestic wastewater from residential and commercial areas. The detention time at design flow is 150 days. The proposed permit contains limits for Biochemical Oxygen Demand and Total Suspended Solids, as well as monitoring for pH, Ammonia, and E. coli.

Public Notice No. KS-PT-22-011

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 Waste	Type of Discharge
Landoll Company, LLC 1900 North St. Marysville, KS 66508	Marysville MWWTP	Processed Wastewater
Kansas Permit No. P-BB13-OO01 Federal Permit No. KSP000014
Facility Name: Landoll Corp., Plant #1 (Shop 10 & 20)
Facility Location:
Feature Name	Latitude	Longitude
Facility Center	39.85154	-96.63502
Outfall 001A	39.85136	-96.63513
Outfall 002A	39.85216	-96.63491
Outfall 002A	39.85119	-96.63521
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility manufactures centerfold trucks, forklift trucks, agricultural tillage implements, and lowboy trailers. Outfall 001A consists of wastes from the older, five stage conversion coating (phosphating) operation used to prepare fabricated steel for paint. Normally, only two or three stages are used. Outfall 001A also consists of aluminum etching wastes generated, when large aluminum parts are occasionally spayed, near the phosphating operation. Outfall 002A consists of spent phosphating wastes from the newer, five-stage washer. Outfall 003A consists of a composite of wastes from a water jet tank and three plasma arc tables, scattered throughout the plant. The proposed permit contains limits 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 December 17, 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-22-296, KS-Q-22-108/112, KS-PT-22-011) 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. 050670