Volume 44 - Issue 6 - February 6, 2025

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-25-025/032

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Befort Farms 959 210th Ave. Hays, KS 67601	N/2 of Section 23 T14S, R19W Ellis County	Smoky Hill River Basin
Kansas Permit No. A-SHEL-B009
The proposed action is to reissue an existing state permit for an existing facility for 700 head (350 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Cobalt Cattle Company, LLC - Sublette 1291 Old Santa Fe Dr. Sublette, KS 67877	All of Section 36 T28S, R33W Haskell County	Cimarron River Basin
Kansas Permit No. A-CIHS-C004 Federal Permit No. KS0115291
The proposed action is to reissue an existing NPDES permit for an existing facility for 60,000 head (60,000 animal units) of cattle weighing more 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
Kyle Cott 1471 15th Rd. Clay Center, KS 67432	NE/4 of Section 29 T08S, R03E Clay County	Lower Republican River Basin
Kansas Permit No. A-LRCY-S023
The proposed action is to reissue an existing state permit for an existing facility for 1,900 head (760 animal units) of swine weighing more than 55 pounds and 800 head (80 animal units) of swine weighing 55 pounds or less for a total of 840 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Leland Werth 24023 360 Ave. Ellis, KS 67637	NE/4 of Section 18 T13S, R21W Trego County	Smoky Hill River Basin
Kansas Permit No. A-SHTR-B003
The proposed action is to reissue an existing state permit for an existing facility for 800 head (400 animal units) of cattle 700 pounds or less. 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
Nelson Poultry Farms, Inc. – Diamond Hill Greg Nelson 11835 Elm Slough Rd. Saint George, KS 66535	SW/4 of Section 29 T09S, R09E Pottawatomie County	Kansas River Basin
Kansas Permit No. A-KSPT-P004 Federal Permit No. KS0094498
The proposed action is to reissue an existing NPDES permit for an existing facility for 700,000 head (2,100 animal units) of poultry. 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
Paul Fabrizius 23062 260 Ave. WaKeeney, KS 67672	N/2 & SW/4 of Section 10 T13S, R23W Trego County	Smoky Hill River Basin
Kansas Permit No. A-SHTR-B006
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
Stateline Dairy, LLC – South Site 2279 King Rd. Morrowville, KS 66958	NE/4 of Section 14 T01S, R02E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-D003 Federal Permit No. KS0300009
The proposed action is to modify an existing state permit and issue a new NPDES permit for a facility for a proposed maximum capacity of 1,550 head (2,170 animal units) of mature dairy cattle. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to increase the size of an existing freestall barn and feed storage area, and to add a retention control structure, and sediment basin. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
The Brabec Corp. 2361 17th Rd. Washington, KS 66968	SE/4 of Section 02 T03S, R04E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-S026
The proposed action is to reissue an existing state permit for an existing facility for of 2,062 head (824.8 animal units) of swine more than 55 pounds and 1,500 head (150 animal units) of swine 55 pounds or less, for a total of 974.8 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-25-012/019

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
Courtland, City of PO Box 147 Courtland, KS	Republican River via Beaver Creek via Unnamed Tributary	Treated Domestic
Permit No. M-LR09-OO01 Federal Permit No. KS0083399
Legal Description: N½, NE¼, SW¼, Section 21, Township 3S, Range 5W, Republic County
Location: 39.77647, -97.88757
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. The detention time at the permitted flow is 121 days. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coil. The permit contains monitoring for pH, Lead, Total Phosphorus, Nitrate + Nitrate, Total Kjeldahl Nitrogen, and Total Nitrogen. 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 July 23, 2024 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 22.4 mg/L for this facility.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Mankato, City of 217 S. High St. Mankato, KS 66956	Republican River via Middle Buffalo Creek	Treated Domestic
Permit No. M-LR16-OO02 Federal Permit No. KS0095231
Legal Description: NW¼, SW¼, Section 22, Township 3S, Range 8W, Jewel County
Location: 39.77580, -98.21091
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. The detention time at the design flow is 151 days. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coil. The permit contains monitoring for pH, Total Phosphorus, Nitrate + Nitrate, Total Kjeldahl Nitrogen, Total Nitrogen, Sulfates, Lead, and Selenium. been determined to be eligible. Eligibility was determined through analysis of the facility’s highest attainable criteria (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 21, 2025 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 4.28 mg/L for this facility. However, due to anti-backsliding, the previous permit ammonia limit of 3.7 will be applied.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Whiting, City of PO Box 126 Whiting, KS 66552	Negro Creek via Unnamed Tributary	Treated Domestic
Permit No. M-KS81-OO01 Federal Permit No. KS0083372
Legal Description: SW¼, SE¼, Section 27, Township 5S, Range 16E, Jackson County
Location: 39.58200, -95.60936
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. The detention time at the design flow is 209 days. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coli. The permit contains monitoring for ph, and Total Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Delia, City of 412 Nora Ave. Delia, KS 66418	Cross Creek via Salt Creek	Treated Domestic
Permit No. M-KS10-OO01 Federal Permit No. KS0046493
Legal Description: SE¼, NE¼, NW¼, Section 28, Township 9S, Range 13E, Jackson County
Location: 39.24224, -95.97126
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. The detention time at the design flow is 152 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
Milford, City of PO Box 279 Milford, KS 66514	Republican River	Treated Domestic
Permit No. M-LR17-OO01 Federal Permit No. KS0086231
Legal Description: S½, SE¼, NE¼, and N½, NE¼, SE¼, Section 19, Township 10S, Range 5E, Geary County
Location: 39.16889, -96.90762
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 system with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas. The detention time at the design flow is 168 days. The detention time at the design flow is 152 days. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coli. The permit contains monitoring for pH, Total Phosphorus, Nitrate + Nitrite, Total Kjeldahl Nitrogen, and Total Nitrogen.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Diversified Services, Inc. 27 Clark Ave, Industrial Park #2 Wellington, KS 67152		Process Wastewater
Permit No. P-AR92-OO03 Federal Permit No. KSP000003
Legal Description: Sumner County
Location: 37.29139, -97.39800
The proposed action consists of reissuing the above referenced Pretreatment permit. The primary change made to the permit was the addition of Outfall 002, discovered during the last on-site inspection. Once the proposed treatment system is activated, the permit will need to be modified to show the new sampling location at the end of the treatment process. This facility conducts anodizing, non-destructive testing, shot peening cleaning, priming and painting of aluminum parts for aircraft or other uses. This facility specializes in processing long aluminum parts. Outfall 001A consists of rinse water from the anodizing operation. Outfall 002A consists of penetrant wastewater from a sump.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Full Vision, Inc. 3017 Full Vision Dr. Newton, KS 67114		Process Wastewater
Permit No. P-LA13-OO02 Federal Permit No. KSP000207
Legal Description: Harvey County
Location: 38.02485, -97.38216
The proposed action consists of issuing the above referenced Pretreatment permit. This facility once had a permit when they hauled their regulated wastes to the city treatment plant, since they were not physically connected to the city sewer. However they later changed operations, so the permit was terminated. Since the facility is now connected to the city sewer and a new five-stage zirconium operation has been added, they are now being permitted once again. This facility manufactures steel roll over protection systems and farm machinery. Steel parts are cut, welded and processed in a five-stage, zirconium phosphating system, before being painted. Spent wastes from the 5-stage phosphating system is sent to a 1200-gallon pit and then pumped to two, on-site, 6,500 gallon holding tanks, after being filtered, which is considered Outfall 001. Once the pH of the waste is checked and adjusted, Domestic wastes and non-contact cooling water from a spot welder are also generated on-site but are not directed to Outfall 001.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Pittsburg, City of 302 S. Free King Pittsburg, KS 66762	Cow Creek via East Cow Creek	Process Wastewater
Permit No. I-NE57-PO14 Federal Permit No. KS0100030
Legal Description: NE¼, NE¼, SE¼, Section 28, Township 30S, Range 25E, Crawford County
Location: 37.40279, -94.66970
The proposed action consists of renewal of a Kansas/NPDES Water Pollution Control permit for the discharge of wastewater from the water treatment plant. This is an existing potable water treatment plant which can treat up to 7.0 MGD with an average of about 2.6 MGD. Filter backwash is normally recycled to the front of the plant via a washwater recovery basic overflow piping. No discharge is allowed from the basin. Domestic wastes are directed to the city sanitary sewer system. This permit contains limits for Total Suspended Solids, and Total Residual Chlorine. The permit contains monitoring for pH, Sulfates, Iron, and Manganese. A schedule of compliance is added to this permit renewal to facilitate the management of the lime sludge and ensure the receiving basin meets KDHE’s wastewater lagoon design regulations.

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 March 8, 2025, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-25-025/032, KS-Q-25-012/019) 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. 052843