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Publications iconKansas Register

Volume 42 - Issue 2 - January 12, 2023

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-23-003/005

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
D&S Cattle Co., LLC
158 All American Rd.
Barnes, KS 66933
W/2 of Section 27
T05S, R05E
Washington County
Big Blue River Basin
Kansas Permit No. A-BBWS-C009
Federal Permit No. KS0100251
The proposed action is to modify and reissue the existing State/NPDES permit for a facility for a proposed maximum capacity of 4500 head (4500 animal units) of cattle weighing greater than 700 pounds, and 4500 head (2250 animal units) of cattle weighing less than 700 pounds, for a total animal unit capacity of 6750. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to propose the addition of 14 acres of new pens as well as sediment basins, ditches, channels, and pipelines to transfer wastewater to the existing RCS’s, which will be modified to increase storage capacity. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
Limestone Feeders, LLC
Mike Danehey
3575 Jasmine Trail
Beloit, KS 67420
S/2 of Section 17 and
N/2 & SE/4 of Section 20
T07S, R06W
Mitchell County
Solomon River Basin
Kansas Permit No. A-SOMC-C001
Federal Permit No. KS0053511
The proposed action is to reissue an existing NPDES permit for an existing facility for 14,500 head (14,500 animal units) of cattle weighing more than 700 pounds, 6,980 head (3,490 animal units) of cattle weighing less than 700 pounds, and 5 head (10 animal units) of horses; for a total of 18,000 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.
Name and Address
of Applicant
Legal Description Receiving Water
Benfer Dairy
Darren Benfer
1032 4th Rd.
Longford, KS 67458
NW/4 of Section 22
T10S, R02E
Clay County
Smoky Hill River Basin
Kansas Permit No. A-SHCY-M002
The proposed action is to reissue an existing state permit for an existing facility for 120 head (168 animal units) of mature dairy cattle. 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-Q-23-001/009

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
Arkansas City, City of
PO Box 778
Arkansas City, KS 67005
Arkansas River Treated Domestic Wastewater
Kansas Permit No. M-AR06-IO01
Federal Permit No. KS0044831
Legal Description: SW¼, SE¼, SE¼, Section 31, Township 34S, Range 4E of Cowley County, KS
Facility Location: Latitude: 37.04309, Longitude: -97.02496
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: Pumping Station, Grit Removal, Bar Screen, Primary Clarification (2), Trickling Filters (2), Activated Sludge Aeration Basin, Final Clarifiers (2), Anaerobic Digestion (2), Sludge Drying Beds, UV Disinfection, Effluent Pump Station. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. The proposed permit contains limits for Inhibited Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, and Chronic Whole Effluent Toxicity; as well as monitoring for Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Chlorides.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Cherokee County Commissioners
PO Box 14
Columbus, KS 66725
Spring River Treated Domestic Wastewater
Kansas Permit No. M-NE73-OO02
Federal Permit No. KS0091057
Legal Description: S½, SE¼, SW¼, Section 24 and N½, NE¼, NW¼, Section 25, Township 34S, Range 24E of Cherokee County, KS
Facility Location: Latitude: 37.06062, Longitude: -94.73505
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a three-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 design flow is 112 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH, E. coli, Cadmium, Copper, Lead, and Zinc.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Lansing, City of
800 First Terr.
Lansing, KS 66043
Missouri River via
Sevenmile Creek via
Ninemile Creek
Treated Domestic Wastewater
Kansas Permit No. M-MO11-OO02
Federal Permit No. KS0081647
Legal Description: E ½, NE ¼, NE ¼, Section 19, Township 9S, Range 23E of Leavenworth County, KS
Facility Location: Latitude: 39.25751, Longitude: -94.88248
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: Lift station with submersible pumps, mechanical bar screen, aerated grit removal, oxidation ditches with vertical slow speed surface aerators (3), final clarifiers (3), UV effluent disinfection, aerated sludge holding tanks (3), sludge pumping station, and belt filter press. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. Coli, and Chronic Whole Effluent Toxicity; as well as monitoring for Dissolved Oxygen, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Leavenworth, City of
100 N. 5th St.
Leavenworth, KS 66048
Missouri River Treated Domestic Wastewater
Kansas Permit No. M-MO12-IO01
Federal Permit No. KS0036366
Legal Description: SE¼, NW¼, NE¼ and NE¼, SW¼, NE¼, Section 1, Township 9S, Range 22E of Leavenworth County, KS
Facility Location: Latitude: 39.29948, Longitude: -94.90571
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: raw sewage pumping station, bar screen, aerated grit basin, primary settling basins (4), trickling filters (3), final settling basins (2), UV disinfection system (3 banks), sludge pumping station, sludge storage tanks (2), and belt filter press. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, and Acute Whole Effluent Toxicity; as well as monitoring for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Lebo, City of
PO Box 14
Lebo, KS 66856
Lebo Creek Treated Domestic Wastewater
Kansas Permit No. M-NE40-OO01
Federal Permit No. KS0024767
Legal Description: SW¼, SW¼, SE¼, Section 9, Township 19S, Range 14E of Coffey County, KS
Facility Location: Latitude: 38.40653, Longitude: -95.86698
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: raw sewage pumping station, bar screen, aerated grit basin, primary settling basins (4), trickling filters (3), final settling basins (2), UV disinfection system (3 banks), sludge pumping station, sludge storage tanks (2), and belt filter press. The facility receives domestic wastewater from residential and commercial areas. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli; as well as monitoring for Total Phosphorus. 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 Condition (HAC), 5.0 mg/L, 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.
Name and Address
of Applicant
Receiving Stream Type of Discharge
McCune, City of
PO Box 87
McCune, KS 66753
Mulberry Creek via
unnamed tributary
Treated Domestic Wastewater
Kansas Permit No. M-NE47-OO01
Federal Permit No. KS0021393
Legal Description: SW¼, NW¼, SW¼, Section 9, Township 31S, Range 22E of Crawford County, KS
Facility Location: Latitude: 37.35922, Longitude: -95.01226
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a three-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 permitted flow is 105 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH and E. coli.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Wathena, City of
PO Box 27
Wathena, KS 66090
Missouri River Treated Domestic Wastewater
Kansas Permit No. M-MO23-OO01
Federal Permit No. KS0026158
Legal Description: S½, NW¼, Section 34, Township 3S, Range 22E of Doniphan County, KS
Facility Location: Latitude: 39.74905, Longitude: -94.94129
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a three-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 design flow is 137 days. The proposed permit contains limits for Biochemical Oxygen Demand and Total Suspended Solids, as well as monitoring for pH, Ammonia, and E. coli.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Troy, City of
PO Box 506
Troy, KS 66087
Mosquito Creek via
unnamed tributary
Treated Domestic Wastewater
Kansas Permit No. M-MO22-OO02
Federal Permit No. KS0083194
Legal Description: S½, NE¼ Section 18, Township 3S, Range 21E of Doniphan County, KS
Facility Location: Latitude: 39.79219, Longitude: -95.10115
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a three-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas. The detention time at design flow is 101 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH and E. coli. 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 Condition (HAC), 5.0 mg/L, 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.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Troy, City of
PO Box 506
Troy, KS 66087
Peters Creek Treated Domestic Wastewater
Kansas Permit No. M-MO22-OO01
Federal Permit No. KS0047520
Legal Description: W½, SW¼, Section 16, Township 3S, Range 21E of Doniphan County, KS
Facility Location: Latitude: 39.78732, Longitude: -95.07600
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a three-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas. The detention time at design flow is 130 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH and E. coli. 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 Condition (HAC), 5.0 mg/L, 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.

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 February 11, 2023, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-23- 003/005, KS-Q-23-001/009) 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
Department of Health and Environment

Doc. No. 050793