Volume 42 - Issue 32 - August 10, 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.

Las acciones propuestas con respecto a los documentos preliminares se basan en la revisión del personal, aplicando los estándares, regulaciones y limitaciones de efluentes apropiados del estado de Kansas y de la Agencia de Protección Ambiental de Estados Unidos. La acción final resultará en la emisión de una Autorización Federal del Sistema Nacional de Eliminación de Descargas de Contaminantes y un permiso de Control de Contaminación del Agua de Kansas, sujeto a ciertas condiciones, revocación y reemisión del permiso designado o terminación del permiso designado. Si desea obtener más información en español o tiene otras preguntas, por favor, comuníquese con el Coordinador de No Discriminación al 785-296-5156 o en KDHE.NonDiscrimination@ks.gov.

Public Notice No. KS-AG-23-236

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

Name and Address of Applicant	Owner of Property Where Facility Will Be Located
Fort Hays State University Farm 600 Park St. Hays, KS 67601	Fort Hays State University Farm 600 Park St. Hays, KS 67601
Legal Description	Receiving Water
SW/4 of Section 32 & SE/4 of Section 31 T13S, R18W Ellis County	Smoky Hill River Basin
Kansas Permit No. A-SHEL-M001
This is notification KDHE has received a complete permit application for the operation of a swine waste management education and research facility capable of housing a maximum capacity of 200 head (80 animal units) of swine more than 55 pounds, 130 head (13 animal units) of swine less than 55 pounds, 300 head (300 animal units) of cattle weighing more than 700 pounds, 150 head (75 animal units) of cattle weighing less than 700 pounds, 200 head (20 animal units) of sheep/lambs/goats, and 4 head (8 animal units) of horses, for a total of 984 head of livestock (496 animal units). The complete application can be viewed at the office of the Ellis County Clerk, the KDHE Northwest District Office in Hays, 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-23-237

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Schwinn Farms, Inc. Sam Murphy 28883 203rd St. Leavenworth, KS 66048	NE/4 of Section 03 T09S, R21E Leavenworth County	Kansas River Basin
Kansas Permit No. A-KSLV-M007
The proposed action is to modify and reissue an existing state permit for a facility for 200 head (280 animal units) of mature dairy cattle, and 56 head (28 animal units) of cattle weighing 700 pounds or less; for a facility total of 308 animal units. This permit is being modified to include one (1) constructed pack bed barn, reapprove plans for the addition of two (2) feed bunk covers, and the construction of one (1) freshwater diversion. There is no change in the 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-23-153/154

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
Alta Vista, City of PO Box 44 Alta Vista, KS 66834	Munkers Creek	Treated Domestic Wastewater
Kansas Permit No. M-NE05-OO01 Federal Permit No. KS0096733
Legal Description: SE¼, SE¼,SE¼, Section 2, Township 14S, Range 8E of Wabaunsee County, Kansas
Facility Location: Latitude: 38.85624, Longitude: -96.48408
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. The detention time at design flow is 167 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
Kansas Department of Transportation 700 SW Harrison Topeka, KS 66603	Marais des Cygnes River via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-MC65-OO01 Federal Permit No. KS0097861
Legal Description: SW¼, SW¼, SE¼, Section 32, Township 20S, Range 25E of Linn County, Kansas
Facility Location: Latitude: 38.25829, Longitude: -94.66783
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 a transit visitors and recreational vehicle tanks. The detention time at design flow is 236 days. The proposed permit contains limits for Biochemical Oxygen Demand and Total Suspended Solids, as well as monitoring for pH, E. coli, and Lead. This facility can meet the 2013 EPA ammonia criteria. However, per the Reasonable Potential procedure in the Kansas Implementation Procedures – Wastewater Permitting using the assumed coefficient of variation (Cv) of 0.6 and Cp/Cmean of 2.13, the below calculations prove there is no reasonable potential to exceed water quality-based permit limits for ammonia. The highest recorded value since the facility began discharging was 0.56 mg/l, which is well under the lowest proposed quarterly limit of 21.6 mg/l. However, continued quarterly monitoring of effluent ammonia will be required.

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 September 9, 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-23-236/237, KS-Q-23-153/154) 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 Casey Guccione, Section Chief, 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 Andrew Bowman 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. Las preguntas o comentarios por escrito deben dirigirse a Erich Glave, Director, Bureau of Environmental Field Services en KDHE, 1000 SW Jackson St., Suite 430, Topeka, KS 66612-1367; por correo electrónico: kdhe.feedlots@ks.gov; por teléfono: 785-296-6432. 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. 051407