Volume 43 - Issue 43 - October 24, 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-24-337/341

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Bott Cattle Company, Inc. Daryl and Annette Bott 1663 1st Rd. Palmer, KS 66962	SE/4 of Section 27 & NE/4 of Section 34 T05S, R03E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-C001 Federal Permit No. KS0117200
The proposed action is to reissue an existing NPDES permit for an existing facility for 4,999 head (4,999 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Double D Farms Feedlot Dale Goetz 6606 E. Road 100 S Park, KS 67751	SE/4 of Section 34 T09S, R27W & NE/4 of Section 03 T10S, R27W Sheridan County	Saline River Basin
Kansas Permit No. A-SASD-C004 Federal Permit No. KS0098566
The proposed action is to reissue an existing NPDES permit for an existing facility for 495 head (495 animal units) of cattle weighing greater than 700 pounds and 958 head (479 animal units) of cattle weighing less than 700 pounds and 10 head (20 animal units) of horses; for a total of 994 animal units of livestock. 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
Kopfer Farms, Inc. Kellan F. Kopfer 229 6th Rd. Clay Center, KS 67432	SW/4 of Section 05 T10S, R01E Clay County	Smoky Hill River Basin
Kansas Permit No. A-SHCY-H002 Federal Permit No. KS0101702
The proposed action is to reissue an existing NPDES permit for an existing facility for 2,048 head (204.8 animal units) of swine weighing less than 55 pounds each and 4,096 head (1,638.4 animal units) of swine weighing more than 55 pounds each for a total of 1,843.2 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
Torneden Farms Dustin Torneden 24426 Loring Rd. Lawrence, KS 66044	SW/4 of Section 12 T12S, R20E Leavenworth County	Kansas River Basin
Kansas Permit No. A-KSLV-S020
The proposed action is to modify and reissue an existing state permit for a facility for 380 head (38 animal units) of swine weighing 55 pounds or less and 652 head (260.8 animal units) of swine weighing more than 55 pounds; for a total of 298.8 animal units. This permit is being modified to re-approve construction of approximately 0.22 acres of outside pens. 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.
Name and Address of Applicant	Legal Description	Receiving Water
Zwahlen Farm Pens Jimmy Zwahlen 2323 17000 Rd. Oswego, KS 67356	S/2 of Section 21 & N/2 of Section 28 T32S, R21E Labette County	Neosho River Basin
Kansas Permit No. A-NELB-B002
The proposed action is to reissue an existing state permit for an existing facility for 100 head (100 animal units) of cattle weighing greater than 700 pounds and 300 head (150 animal units) of cattle weighing 700 pounds or less, for a total of 250 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.

Public Notice No. KS-Q-24-217/223

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
Futamura USA, Inc. 6000 SE Second Tecumseh, KS 66542	Kansas River	Process Wastewater
Permit No. I-KS72-PO09 Federal Permit No. KS0003204
Legal Description: SE¼, NW¼ of Section 31, Township 11S, Range 17E, Shawnee County
Location: 39.06388, -95.55838
This action consists of renewal and reissuance of an existing National Pollutant Discharge Elimination System (NPDES)/Kansas Water Pollution Control (KWPC) Permit for an existing facility. This facility produces cellophane from wood pulp. The process generates acid, alkaline, and neutral waste streams, with a combined daily maximum flow rate of 4.5 million gallons per day and a long term average daily flow rate of about 2.4 MGD. This permit contains limits for BOD, TSS, E. coli, TMDL Phosphorus, pH, Residual Chlorine, and WET Chronic IC25. The permit contains monitoring for Ammonia, Nitrate/Nitrite, TKN, Total Phosphorus, Sulfate, Carbon Disulfide, and Total Dissolved Solids.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Glen Elder, City of PO Box 55 Glen Elder, KS 67446	Solomon River via Limestone Creek	Treated Domestic
Permit No. M-SO18-OO01 Federal Permit No. KS0020982
Legal Description: SW¼, SE¼, SW¼, Section 26, Township 6S, Range 9W, Mitchell County
Location: 39.49518, -98.29562
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, Total Phosphorus, Chloride, Selenium, and Sulfate.
Name and Address of Applicant	Receiving Stream	Type of Discharge
The Goodyear Tire & Rubber Co. PO Box 1069 Topeka, KS 66601	Kansas River via Soldier Creek	Process Wastewater
Permit No. I-KS72-PO02 Federal Permit No. KS0001643
Legal Description: NE¼, Section 13, Township 11S, Range 15E, Shawnee County
Location: 39.10194, -95.69167
This action consists of renewal and reissuance of an existing NPDES/Kansas Water Pollution Control (KWPC) Permit. This facility is engaged in the manufacture of truck, off-road and specialty tires under the federal effluent guidelines, 40 CFR Part 428–Rubber Manufacturing Point Source Category, Subpart A–Tire and Inner Tube Plants Subcategory. The total proposed design discharge from the treatment system is about 86,400 gallons/day. This permit contains limits for BOD, TSS, E. coli, Ammonia, Whole Effluent Toxicity, Oil and Grease, TRO, TMDL Phosphorus, and pH. The permit contains monitoring for Flow – MGD, Total Phosphorus, Nitrate, Nitrite, Total Kjeldahl Nitrogen, and Total Nitrogen.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Harshman Construction 1632 F P Rd. Cedar Point, KS 66843	Neosho River via Turkey Creek via Duck Creek	Process Wastewater
Permit No. I-KS72-PO02 Federal Permit No. KS0001643
Legal Description: SW¼ of Section 28, Township 23S, Range 15E, Woodson County
Location: 38.01383, -95.77260
The proposed action consists of reissuing the above referenced NPDES permit. No significant changes were made to the permit. This is a limestone quarrying and crushing operation with no washing. Outfall 001A consists of stormwater runoff and quarry pit water. This permit contains generic language to protect water quality.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Walnut Creek Estates Sewer District 201 S. Pearl, Suite 201 Paola, KS 66071	Ten Mile Creek via Unnamed Tributary via Community Lake	Treated Domestic
Permit No. M-MC60-OO02 Federal Permit No. KS0093441
Legal Description: SW¼, SW¼, NW¼, Section 7, Township 16S, Range 24E, Miami County
Location: 38.67224, -94.80755
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of: Septic Tank-Effluent Pumping (STEP) Pressure Sewer System, activated sludge package plant, final clarifier, disinfection with chlorine, and polishing pond. The facility receives domestic wastewater from residential areas. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, and E. coli. The permit contains monitoring for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Rantoul, City of PO Box 79 Rantoul, KS 66079	Marais des Cygnes River via Unnamed Tributary	Treated Domestic
Permit No. M-MC40-OO01 Federal Permit No. KS0048119
Legal Description: NW¼, SE¼, SW¼, Section 21, Township 17S, Range 21E, Franklin County
Location: 38.55289, -95.09579
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing permit was issued for a design flow of 0.025 MGD and included technology based effluent limits for biochemical oxygen demand and total suspended solids and water quality based limits for ammonia. Monitoring of pH and E. coli was also required. 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 criteria (HAC) for ammonia. The ammonia effluent limit was determined on July 5, 2024 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 14.1 mg/L for this facility. However, due to anti-backsliding, the previous permit ammonia limit of 9.1 will be applied. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring for pH, and E. coli.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Westphalia, City of PO Box 202 Westphalia, KS	Marias des Cygnes River via Cherry Creek via Unnamed Tributary	Treated Domestic
Permit No. M-MC49-OO01 Federal Permit No. KS0082996
Legal Description: E½, SW¼, Section 26, Township 21S, Range 17E, Anderson County
Location: 38.18732, -95.51223
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, and E. coli.

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 23, 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-24-337/341, KS-Q-24-217/223) 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

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