Volume 43 - Issue 22 - May 30, 2024
State of Kansas
Department of Health and Environment
Notice of Proposed 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-24-145/148
Pending Permits for Confined Feeding Facilities
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Rocking T Ranch, LLC 1399 Road BB Deerfield, KS 67838 |
S/2 of Section 25 & N/2 of Section 36 T24S, R35W Kearny County |
Upper Arkansas River Basin |
| Kansas Permit No. A-UAKE-C007 Federal Permit No. KS0096113 |
||
| The proposed action is to reissue an existing NPDES permit for an existing facility for 1,998 head (999 animal units) of cattle weighing less 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 |
| Far West Starter Yard Chris Schuetze 188825 24 Rd. Cimarron, KS 67835 |
SE/4 of Section 35 T26S, R27W Gray County |
Upper Arkansas River Basin |
| Kansas Permit No. A-UAGY-C015 Federal Permit No. KS0097021 |
||
| The proposed action is to reissue an existing NPDES permit for an existing facility for 1,800 head (1,800 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 |
| Four Mile Feeder Blaine Busenitz 8740 NW 60th St. Whitewater, KS 67154 |
NW/4 of Section 04 T25S, R04E Butler County |
Walnut River Basin |
| Kansas Permit No. A-WABU-B017 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 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 Waste Management Plan on file with KDHE. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Roy Winkler 1147 M4 Rd. Corning, KS 66417 |
W/2 of Section 07 T04S, R13E Nemaha County |
Missouri River Basin |
| Kansas Permit No. A-MONM-S028 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 2,400 head (960 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-Q-24-096/104
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 |
| Burlington, City of PO Box 207 Burlington, KS 66839 |
Neosho River | Process Wastewater |
| Permit No. I-NE07-PO05 Federal Permit No. KS0092916 |
||
| Legal Description: NW¼, Section 26, Township 21S, Range 15E, Coffey County, Kansas | ||
| Location: 38.19569, -95.73516 | ||
| The proposed action consists of issuance of an existing Kansas/NPDES Water Pollution Control permit for the discharge of wastewater from the water treatment plant. This is a public water treatment plant. Raw river water from the Neosho River is treated at the intake with sodium permanganate to control mussels, including future potential issues with Zebra mussels. As of the date of the permit, mussels have been found at the intake, but not Zebra mussels. Water goes to a rapid mix unit and is treated with ferric chloride, hydrated lime, and activated carbon. Water from the rapid mix unit splits off to two reactors. Recycled clarifier sludge and 2071 polymer are added to each reactor. This permit contains limits for Total Residual Chlorine, Total Suspended Solids, and pH. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| Riley County Commission 6215 Tuttle Creek Blvd. Manhattan, KS 66503 |
Kansas River | Treated Domestic |
| Kansas Permit No. M-KS38-SU04 Federal Permit No. KSR410048 |
||
| Legal Description: Riley County, Kansas | ||
| The proposed action is to reissue an existing State/NPDES permit for an existing facility. The proposed action is to issue a new individual NPDES Municipal Separate Storm Sewer System (MS4) permit from an existing MS4 general permit. The proposed MS4 permit requires the permittee to develop, implement, and enforce a stormwater management program designed to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act and Kansas surface water quality statutes and regulations. The proposed permit requires the permittee to update the Stormwater Management Program document, implement six minimum control measures and implement best management practices to reduce any identified total maximum daily load (TMDL) regulated pollutants if listed in the permit (TMDL Table). If there is an identified TMDL regulated pollutant, surface water monitoring may be required on the impaired water body to evaluate performance of the best management practices. Monitoring of industrial stormwater discharges and oversite of construction activities within the MS4 may be required if it is applicable. The proposed permit requires the submittal of an annual report that addresses all compliance requirements for the previous year. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| Leavenworth, City of 100 N. 5th St. Leavenworth, KS 66048 |
Missouri River | Treated Domestic |
| Kansas Permit No. M-MO12-SN01 Federal Permit No. KSR4400011 |
||
| Legal Description: Leavenworth County, Kansas | ||
| The proposed action is to reissue an existing State/NPDES permit for an existing facility. The proposed action is to issue a new individual NPDES Municipal Separate Storm Sewer System (MS4) permit from an existing MS4 general permit. The proposed MS4 permit requires the permittee to develop, implement, and enforce a stormwater management program designed to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act and Kansas surface water quality statutes and regulations. The proposed permit requires the permittee to update the Stormwater Management Program document, implement six minimum control measures and implement best management practices to reduce any identified total maximum daily load (TMDL) regulated pollutants if listed in the permit (TMDL Table). If there is an identified TMDL regulated pollutant, surface water monitoring may be required on the impaired water body to evaluate performance of the best management practices. Monitoring of industrial stormwater discharges and oversite of construction activities within the MS4 may be required if it is applicable. The proposed permit requires the submittal of an annual report that addresses all compliance requirements for the previous year. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| Bonner Springs, City of 205 E. 2nd PO Box 38 Bonner Springs, KS 66012 |
Kansas River | Treated Domestic |
| Kansas Permit No. M-KS06-OO02 Federal Permit No. KS0082881 |
||
| Legal Description: SE¼, NW¼, SE¼, Section 28, Township 11S, Range 23E, Wyandotte County, Kansas | ||
| The proposed action is to reissue an existing State/NPDES permit for an existing facility. The proposed action is to issue a new individual NPDES Municipal Separate Storm Sewer System (MS4) permit from an existing MS4 general permit. The proposed MS4 permit requires the permittee to develop, implement, and enforce a stormwater management program designed to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act and Kansas surface water quality statutes and regulations. The proposed permit requires the permittee to update the Stormwater Management Program document, implement six minimum control measures and implement best management practices to reduce any identified total maximum daily load (TMDL) regulated pollutants if listed in the permit (TMDL Table). If there is an identified TMDL regulated pollutant, surface water monitoring may be required on the impaired water body to evaluate performance of the best management practices. Monitoring of industrial stormwater discharges and oversite of construction activities within the MS4 may be required if it is applicable. The proposed permit requires the submittal of an annual report that addresses all compliance requirements for the previous year. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| Dodge City, City of PO Box 880 Dodge City, KS 67801 |
Upper Arkansas River | Treated Domestic |
| Kansas Permit No. M-UA11-SN01 Federal Permit No. KSR440003 |
||
| Legal Description: Ford County, Kansas | ||
| The proposed action is to reissue an existing State/NPDES permit for an existing facility. The proposed action is to issue a new individual NPDES Municipal Separate Storm Sewer System (MS4) permit from an existing MS4 general permit. The proposed MS4 permit requires the permittee to develop, implement, and enforce a stormwater management program designed to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act and Kansas surface water quality statutes and regulations. The proposed permit requires the permittee to update the Stormwater Management Program document, implement six minimum control measures and implement best management practices to reduce any identified total maximum daily load (TMDL) regulated pollutants if listed in the permit (TMDL Table). If there is an identified TMDL regulated pollutant, surface water monitoring may be required on the impaired water body to evaluate performance of the best management practices. Monitoring of industrial stormwater discharges and oversite of construction activities within the MS4 may be required if it is applicable. The proposed permit requires the submittal of an annual report that addresses all compliance requirements for the previous year. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| Willis, City of 438 3rd St Willis, KS 66434 |
Middle Fork Wolf River via Hazel Creek |
Treated Domestic |
| Kansas Permit No. M-MO31-OO01 Federal Permit No. KS0092037 |
||
| Legal Description: SE¼, SE¼, SW¼, Section 3, Township 4S, Range 17E, Brown County, Kansas | ||
| Location: 39.72632, -95.50122 | ||
| The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control 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 areas. The detention time at design flow is 144 days. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and E. coli. The permit contains monitoring for pH, and Ammonia. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| Garden City, City of PO Box 998 Garden City, KS 67846 |
Upper Arkansas River | Treated Domestic |
| Kansas Permit No. M-UA14-SN01 Federal Permit No. KSR440006 |
||
| Legal Description: Finney County, Kansas | ||
| The proposed action is to reissue an existing State/NPDES permit for an existing facility. The proposed action is to issue a new individual NPDES Municipal Separate Storm Sewer System (MS4) permit from an existing MS4 general permit. The proposed MS4 permit requires the permittee to develop, implement, and enforce a stormwater management program designed to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act and Kansas surface water quality statutes and regulations. The proposed permit requires the permittee to update the Stormwater Management Program document, implement six minimum control measures and implement best management practices to reduce any identified total maximum daily load (TMDL) regulated pollutants if listed in the permit (TMDL Table). If there is an identified TMDL regulated pollutant, surface water monitoring may be required on the impaired water body to evaluate performance of the best management practices. Monitoring of industrial stormwater discharges and oversite of construction activities within the MS4 may be required if it is applicable. The proposed permit requires the submittal of an annual report that addresses all compliance requirements for the previous year. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| Lake Quivira, City of 10 Cresent Blvd. Lake Quivira, KS 66217 |
Kansas River | Treated Domestic |
| The proposed action is to reissue an existing State/NPDES permit for an existing facility. The proposed action is to issue a new individual NPDES Municipal Separate Storm Sewer System (MS4) permit from an existing MS4 general permit. The proposed MS4 permit requires the permittee to develop, implement, and enforce a stormwater management program designed to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act and Kansas surface water quality statutes and regulations. The proposed permit requires the permittee to update the Stormwater Management Program document, implement six minimum control measures and implement best management practices to reduce any identified total maximum daily load (TMDL) regulated pollutants if listed in the permit (TMDL Table). If there is an identified TMDL regulated pollutant, surface water monitoring may be required on the impaired water body to evaluate performance of the best management practices. Monitoring of industrial stormwater discharges and oversite of construction activities within the MS4 may be required if it is applicable. The proposed permit requires the submittal of an annual report that addresses all compliance requirements for the previous year. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| Mid-States Materials, LLC PO Box 236 Topeka, KS 66601 |
Marais des Cygnes River via Marmaton River via Turkey Creek via Opossum Hollow Creek |
Process Wastewater |
| Kansas Permit No. I-MC46-PO01 Federal Permit No. KS0090221 |
||
| Legal Description: SW¼ of Section 9, Township 25S, Range 22E, Bourbon County, Kansas | ||
| Location: 37.88261, -95.00358 | ||
| The proposed action consists of re-issuing the above referenced NPDES permit. The primary change was the addition of two new outfalls. This facility is engaged in a limestone quarrying operation with no washing. Outfalls 001A, 002A and 003A consists of stormwater runoff and pit water. This permit contains generic language to protect water quality. | ||
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 June 29, 2024, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-24-145/148, KS-Q-24-096/104) 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, 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 Jada Martin 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 Jamie Packard, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-4148 or email at Jamie.Packard@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. 052168
