Volume 43 - Issue 28 - July 11, 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-24-185

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

Name and Address of Applicant	Owner of Property Where Facility Will Be Located
Kellan Kopfer 1801 Forman Dr. Pipestone, MN 56164	Zenith Project, LLC 2375 Avenue D Geneseo, KS 67444
Legal Description	Receiving Water
SE/4 of Section 14 T18S, R07W Rice County	Lower Arkansas River Basin
Kansas Permit No. A-LARC-S005
This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 2,590 head (259 animal units) of swine weighing less than 55 pounds, and 1,850 head (740 animal units) of swine weighing more than 55 pounds. The complete application can be viewed online at https://www.kdhe.ks.gov/493/Swine-Feedlot-Permit-Applications or at the office of the Rice County Clerk, the KDHE North Central District Office in Salina, KS 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-24-186

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Kelly Hills Dairy Brian Haverkamp 1326 M4 Rd. Seneca, KS 66538	SW/4 of Section 28 T03S, R13E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-D001 Federal Permit No. KS0300007
The proposed action is to issue a new NPDES permit for a facility with a proposed maximum of 2,225 head (3,115 animal units) of mature dairy cows, 440 head (440 animal units) of cattle weighing greater than 700 pounds and 890 head (445 animal units) of cattle weighing 700 pounds or less for a total of 4,000 animal units. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to add the construction of a milking parlor, three freestall barns, a sand settling channel and reception pit, a mechanical solids separator, a calf barn, and a composting area. This facility has an approved Nutrient Management Plan on file with KDHE.

Public Notice No. KS-Q-24-125/132

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
Sundowner, Inc. 7592 W. Remington Rd. Salina, KS 67401	Mulberry Creek via Unnamed Tributary	Treated Domestic
Permit No. M-SA20-OO01 Federal Permit No. KS0094161
Legal Description: SE¼, SW¼, SW¼, Section 28, Township 13S, Range 4W, Saline County, Kansas
Location: 38.88719, -97.77541
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. This permit contains limits for Biochemical Oxygen Demand, and Total Suspended Solids. The permit contains monitoring for pH, Ammonia, E. coli, and Total Phosphours. This permit contains a schedule of compliance.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Tescott, City of PO Box 53 Tescott, KS 67484	Saline River	Treated Domestic
Permit No. M-SA17-OO01 Federal Permit No. KS0025691
Legal Description: NE¼, SW¼, SE¼, Section 16, Township 12S, Range 5W, Ottawa County, Kansas
Location: 39.00452, -97.87971
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 and commercial areas. This permit contains limits for Biochemical Oxygen Demand, and Total Suspended Solids. The permit contains monitoring for pH, Ammonia, E. coli, Chloride, and Sulfate.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Redfield, City of PO Box 5 Redfield, KS 66769	Marmaton River via Unnamed Tributary	Treated Domestic
Permit No. M-MC42-OO01 Federal Permit No. KS0091197
Legal Description: SW¼, NE¼, SW¼, Section 28, Township 25S, Range 23E, Bourbon County, Kansas
Location: 37.83805, -94.88884
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 and commercial areas. This permit contains limits for Biochemical Oxygen Demand, Total suspended Solids, and Ammonia. The permit contains monitoring for pH, E. coli, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Anthony, City of 124 S. Bluff PO Box 504 Anthony, KS 67003	Bluff Creek via Spring Creek	Treated Domestic
Permit No. M-AR04-OO02 Federal Permit No. KS0095338
Legal Description: NE¼, NE¼, NE¼, Section 35, Township 33S, Range 7W, Harper County, Kansas
Location: 37.1359, -98.04121
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a four-cell wastewater stabilization lagoon with a wetland cell 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 153 days. This permit contains limits for Biochemical Oxygen Demand, Total suspended Solids, Ammonia, and E. coli. The permit contains monitoring for pH, E. coli, and Total Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Eskridge, City of PO Box 156 Eskridge, KS 66423	Dragoon Creek	Treated Domestic
Permit No. M-MC09-OO01 Federal Permit No. KS0046400
Legal Description: SW¼, NW¼, NE¼ and SE¼, NE¼, NW¼, Section 8, Township 14S, Range 12E, Wabaunsee County, Kansas
Location: 38.85251, -96.10425
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 and commercial areas. This permit contains limits for Biochemical Oxygen Demand, Total suspended Solids, and Ammonia. The permit contains monitoring for pH, E. coli, Total Kjeldahl Nitrogen, Nitrate + Nitrite, Total Nitrogen, and Total Phosphorus. This facility is under a consent order to address nutrient exceedances. 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) 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 January 27, 2024, by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 11.2 mg/L for this facility. However, due to anti-backsliding, the previous ammonia limit of 7.5 mg/L will be applied.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Kansas Department of Wildlife and Parks 1020 S. Kansas Ave. Topeka, KS 66612		Treated Domestic
Permit No. M-NE37-NO01 Federal Permit No. KSJ001021
Legal Description: SE¼, NW¼, Section 1, Township 25S, Range 18E, Allen County, Kansas
Location: 37.900959, -95.383963
This is a new permit for a two-cell non-discharging wastewater stabilization lagoon which receives domestic wastewater from commercial areas. This permit contains generic language to protect water quality.
Name and Address of Applicant	Receiving Stream	Type of Discharge
BPU-McPherson 401 W. Kansas Ave. PO Box 768 McPherson, KS 67460	Little Arkansas River via Dry Turkey Creek via Bull Creek via Concrete Storm Sewer	Process Wastewater
Permit No. I-LA11-PO09 Federal Permit No. KS0088625
Legal Description: SE¼ of Section 29, Township 19S, Range 3W, McPherson County, Kansas
Location: 38.36846, -97.67139
The proposed action consists of reissuance of an existing Kansas/NPDES Water Pollution Control Permit for an existing facility. This is an air stripper facility designed to remove volatile organic chemicals (VOC’s) from groundwater prior to placement in the City of McPherson potable water system. The design flow is 4.03 million gallons per day. This permit contains limits for Flow – MGD, VOC Scan. Trichloroethylene, tetrachloroethylene, and Total Residual Chlorine. The permit contains monitoring for Total Residual Chlorine, Trichloroethylene, Tetrachlorethylene, and pH.
Name and Address of Applicant	Receiving Stream	Type of Discharge
The Coleman Company PO Box 2931 Wichita, KS 67201	Little Arkansas River via Chisholm Creek via Drainage Ditch	Process Wastewater
Permit No. I-AR94-PO70 Federal Permit No. KS0091421
Legal Description: NW¼ of Section 34, Township 26S, Range 1E, Sedgwick County, Kansas
Location: 37.74738, -97.31688
The proposed action consists of modification and reissuance of an existing Kansas Water Pollution Control/NPDES Permit for an existing facility. This permit modification consists of temporarily allocating an additional 2 pounds per day of Total Phosphorus from the Arkansas River TMDL reserve for the term of this permit, along with additional supplemental conditions that address further efforts to reduce phosphorus in the discharge. This facility manufactures recreational camping equipment and plastic products. Chlorinated-hydrocarbon contaminated groundwater from groundwater recovery wells numbers PW1, PW3, and PW4, is treated in an air stripper prior to discharge to a drainage ditch. This permit contains limits for Trichloroethylene, Tetrachloroethylene, Vinyl Chloride, and TMDL Phosphorus. The permit contains monitoring for Total Chloride, Total Phosphorus, TMDL Phosphorus, VOC Scan, and Total Phosphorus.

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 August 10, 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-24-185/186, KS-Q-24-125/132) 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. 052296