Volume 42 - Issue 41 - October 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.

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-23-291/298

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Dale Springer - Main Farm 5816 CR 3300 Independence, KS 67301	N/2 of Section 23 T31S, R15E Montgomery County	Verdigris River Basin
Kansas Permit No. A-VEMG-H009 Federal Permit No. KS0085448
The proposed action is to reissue an existing NPDES permit for an existing facility for 6,070 head (2,428 animal units) of swine weighing more than 55 pounds and 3,252 head (325.2 animal units) of swine weighing 55 pounds or less; for a total of 2,753.2 animal units of swine. 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
Hays Feed Yard, LLC Perry Thompson 1174 Feedlot Rd. Hays, KS 67601	N/2 of Section 11 & NW/4 of Section 12 T13S, R19W Ellis County	Smoky Hill River Basin
Kansas Permit No. A-SHEL-C002 Federal Permit No. KS0037630
The proposed action is to reissue an existing NPDES permit for an existing facility for 30,000 head (30,000 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
Wilson Cattle Company, LLC Bobby Wilson 1136 Dobbin Rd. Burlington, KS 66839	SE/4 of Section 30 T21S, R14E Coffey County	Neosho River Basin
Kansas Permit No. A-NECF-C001 Federal Permit No. KS0099899
The proposed action is to reissue an existing NPDES permit for an existing facility for 3,000 head (3,000 animal units) of cattle weighing greater 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
Scoby Farm, Inc. James Scoby 2825 Bittersweet Rd. Morrill, KS 66515	S/2 of Section 32 & SW/4 of Section 33 T01S, R15E & NW/4 of Section 04 T02S, R15E Brown County	Missouri River Basin
Kansas Permit No. A-MOBR-S008
The proposed action is to reissue an existing state permit for an existing facility for 1,500 head (600 head) of swine more than 55 pounds and 200 head (200 animal units) of cattle more than 700 pounds, for a total of 800 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
Hirt Farms, Inc. 12640 NW Turkey Lane Rd. Sawyer, KS 67134	NW/4 of Section 15 T29S, R11W Pratt County	Lower Arkansas River Basin
Kansas Permit No. A-ARPR-B007
The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Whitehill Farm David Whitehill 2089 279th Dr. Latham, KS 67072	NE/4 of Section 10 T30S, R07E Cowley County	Lower Arkansas River Basin
Kansas Permit No. A-ARCL-B003
The proposed action is to reissue an existing state permit for an existing facility for 400 head (400 animal units) of beef cattle weighing greater 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
Max and Marvin Niehues 1070 O Rd. Goff, KS 66428	NW/4 of Section 16 T04S, R13E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-M025
The proposed action is to reissue an existing state permit for an existing facility for 150 head (150 animal units) of cattle more than 700 pounds and 60 head (30 animal units) of cattle less than 700 pounds, for a total of 180 animal units of 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.
Name and Address of Applicant	Legal Description	Receiving Water
Feldkamp Farms South Gerald Feldkamp 791 92nd Rd. Centralia, KS 66415	NE/4 of Section 06 T04S, R12E Nemaha County	Big Blue River Basin
Kansas Permit No. A-BBNM-S045
The proposed action is to reissue an existing state permit for an existing facility for 1,700 head (680 animal units) of swine more than 55 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.

Public Notice No. KS-AG-R-23-025

Per Kansas Statutes Annotated 65-171d, the following registration has been received for a proposed facility:

Name and Address of Registrant	Legal Description	County
Austin Stroup 15810 CR 1077 Parker, KS 66072	NE/4 of Section 04 T21S, R22E	Linn

Public Notice No. KS-Q-23-177/178

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
City of Horton 205 E. 8th St. Horton, KS 66439	Grasshopper River via Little Lake Municipal Reservoir	Processed Wastewater
Kansas Permit No. I-KS24-CO01 Federal Permit No. KS0092185
Legal Description: SW¼, Section 28, Township 4S, Range 17E of Brown County, Kansas
Facility Location: Latitude: 39.66776, Longitude: -95.51967
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a standby electrical generating station used for emergency power. Untreated lake water is circulated through the single-phase heat exchangers for cooling of a diesel electric generator (the ALCO #3 engine). The average daily discharge is about 281,000 gallons during a 12-hour day operation. Currently the facility is only being operated once per month for about 1.5 hours during scheduled maintenance checks. The proposed permit contains generic language to protect the waters of the state.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Ottawa, City of 101 S. Hickory Ottawa, KS 66067	Marias Des Cygnes River	Treated Domestic Wastewater
Kansas Permit No. M-MC31-OO03 Federal Permit No. KS0097535
Legal Description: NE¼, SE¼, NW¼, Section 36, Township 16S, Range 19E of Franklin County, Kansas
Facility Location: Latitude: 38.61816, Longitude: -95.25958
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: Headworks, two (2) extended aeration basins, two (2) final clarifiers, two (2) aerobic digesters, Belt Press, UV disinfection, and cascade reaeration. 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, and E. coli; as well as monitoring for Dissolved Oxygen, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen.

Public Notice No. KS-PT-23-014

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	POTW Receiving Wastes	Type of Discharge
Elanco US, Inc. 2500 Innovation Way Greenfield, IN 46140	Elwood MWWTP	Processed Wastewater
Kansas Permit No. P-MO05-OO04 Federal Permit No. KSP000120
Facility Address: 1411 Oak St., Elwood, KS 66090
Facility Location: Latitude: 39.75271, Longitude: -94.88816
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility manufacturers animal health therapeutics consisting of monoclonal antibodies and proteins and has a primary Standard Industrial Classification (SIC) code of 2834. Process wastewater is generated during production and from washdown. Approximately 14,000-20,000 gallons of regulated process wastes can be discharged during a given day. The proposed permit contains limits for pH, Acetone, n-Amyl acetate, Ethyl acetate, Isopropyl acetate, and Methylene chloride.

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 November 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-23-291/298, KS-AG-R-23-025, KS-Q-23-177/178, KS-PT-23-014) 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, Kansas 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. 051555