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Publications iconKansas Register

Volume 44 - Issue 12 - March 20, 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-25-070/076

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant Legal Description Receiving Water
Esslinger Ranch, Inc.
15788 Road E5
Norton, KS 67654
SW/4 of Section 22 &
NW/4 of Section 27 &
SE/4 of Section 21
T03S, R22W
Norton County
Solomon River Basin
Kansas Permit No. A-SONT-C002
Federal Permit No. KS0097985
The proposed action is to modify and reissue an existing NPDES permit for a facility for 3,000 head (3,000 animal units) of cattle weighing more than 700 pounds. This permit reapproves modifications to the facility, which include: the addition of a second cell to the south wastewater retention structure (RS), the construction of a new sediment basin, and the re-compaction of the East RS liner. There is no change in the 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
J-Six Enterprises, LLC – Herkimer Site
596 Deer Trail Rd.
Herkimer, KS 66433
SE/4 of Section 23
T01S, R06E
Marshall County
Big Blue River Basin
Kansas Permit No. A-BBMS-S036
The proposed action is to reissue an existing state permit for an existing facility for 762 head (304.8 animal units) of swine weighing greater than 55 pounds, and 1,120 head (112 animal units) of swine weighing 55 pounds or less; for a total of 416.8 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
Justin Polifka
2099 CR 70
Quinter, KS 67752
NE/4 of Section 25
T12S, R27W
Gove County
Smoky Hill River Basin
Kansas Permit No. A-SHGO-B023
The proposed action is to reissue an existing state permit for an existing facility for 990 head (990 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
Mas Cow Dairy, L.L.C.
Brian Hemann
499 CR 20
Moscow, KS 67952
NE/4 of Section 34
T32S, R36W
Stevens County
Cimarron River Basin
Kansas Permit No. A-CISV-D001
Federal Permit No. KS0097098
The proposed action is to modify and reissue an existing NPDES permit for a facility for 4,400 head (6,160 animal units) of mature dairy cattle and 1,160 head (1,160 animal units) of cattle weighing more than 700 pounds for a total of 5,560 head (7,320 animal units) of cattle. This permit is being modified to add a concrete waste storage structure within the existing facility footprint. There is no change in the 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
Old Farms
Michael Old
1882 110th Rd.
Yates Center, KS 66783
SE/4 of Section 10
T25S, R16E
Woodson County
Neosho River Basin
Kansas Permit No. A-NEWO-B001
The proposed action is to reissue an existing state permit for an existing facility for 670 head (670 animal units) of cattle weighing greater than 700 pounds, and 310 head (155 animal units) of cattle weighing 700 pounds or less; for a total of 825 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
Seaboard Foods, LLC - Williams Isolation Unit #1068
02155 Road 12
Richfield, KS 67953
SW/4 of Section 01
T32S, R42W
Morton County
Cimarron River Basin
Kansas Permit No. A-CIMT-S008
The proposed action is to reissue an existing state permit for an existing facility for 100 head (40 animal units) of swine weighing greater 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.
Name and Address of Applicant Legal Description Receiving Water
Winner Circle Feedyard Dodge, LLC
Pancho Torres
11995 Quaker Rd.
Dodge City, KS 67801
NE/4 of Section 29
T27S, R23W
Ford County
Upper Arkansas River Basin
Kansas Permit No. A-UAFO-C012
Federal Permit No. KS0079171
The proposed action is to reissue an existing NPDES permit for an existing facility for 10,000 head (10,000 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.

Public Notice No. KS-Q-25-040/043

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
Flint Hills Industries, Inc.
220 Industrial Rd.
Hillsboro, KS 67063
Process Wastewater
Permit No. P-LA13-OO03
Federal Permit No. KSP000210
Legal Description: Harvey County
Location: 38.04194, -97.30821
The proposed action consists of issuance of a Kansas/NPDES Water Pollution Control permit This facility manufactures aluminum trailers. This facility uses a chemical etching operation, in a wash bay, to process the aluminum. Process wastewater is directed to a treatment tank on-site to adjust the pH before discharging the wastewater to the city sewer. This facility is subject to the Metal Finishing standard, since chemical etching is one of the six core operations under Part 433. This permit contains limits for pH, Total Toxic Organics, Cadmium, Chromium, Copper, Lead, Nickel, Silver, Zinc, and Cyanide. The permit contains monitoring for Flow–MGD.
Name and Address of Applicant Receiving Stream Type of Discharge
Scannell Properties #568, LLC
8801 River Crossing Blvd., Suite 300
Indianapolis, IN 46240
Cow Creek
via Unnamed Tributary
Treated Domestic
Permit No. C-NE67-OO01
Federal Permit No. KS0082392
Legal Description: NW¼, NW¼, NE¼, Section 19, Township 31S, Range 25E, Cherokee County
Location: 37.33970, -94.71377
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a two-cell wastewater stabilization lagoon system with a minimum of 150 days detention time. The facility previously received domestic wastewater from a mobile home park that is no longer operating (Formerly Bradford Acres MHP). Currently the lagoons are not receiving any flow. Permit supplemental conditions will be included to ensure proper maintenance of the inactive lagoons and the lagoons are evaluated and KDHE is notified prior to any future use. This permit contains limits for Biochemical Oxygen Demand, and Total Suspended Solids. The permit contains monitoring for pH, Ammonia, E. coli, Sulfate, and Total Phosphorus.
Name and Address of Applicant Receiving Stream Type of Discharge
Alexander Manufacturing, Inc.
1407 Corporate Dr.
Parsons, KS 67357
Process Wastewater
Permit No. P-NE55-OO05
Federal Permit No. KSP000065
Legal Description: Labette County
Location: 37.32731, -95.26426
The proposed action consists of reissuing the above referenced NPDES permit. This facility processes metal parts either in a three-stage or a four-stage phosphating (conversion coating) operation, prior to the parts being coated. Most of the time, wastes from this operation is shipped off-site for disposal. The second phosphating operation on-site is inactive. Phosphating is considered one of the six core processes under the Metal Finishing Standard. (Part 433.17) The painting operation does not use water and the paint left on hooks are burned off in an oven. This permit contains limits for pH, Total Toxic Organics, Cadmium, Chromium, Copper, Lead, Nickel, Silver, Zinc, and Cyanide. The permit contains monitoring for Flow–MGD.
Name and Address of Applicant Receiving Stream Type of Discharge
Moridge Manufacturing, Inc.
PO Box 810
Moundridge, KS 67107
Process Wastewater
Permit No. P-LA12-OO01
Federal Permit No. KSP000088
Legal Description: McPherson County
Location: 38.19155, -97.51775
The proposed action consists of reissuing the above referenced Pretreatment permit. No major changes were made to the permit. This facility manufacturers commercial lawn mowers. Steel parts are welded, phosphated and painted to produce the final product. Phosphating is considered one of the six core processes under the Metal Finishing Standard, Part 433. This permit contains limits for pH, Total Toxic Organics, Cadmium, Chromium, Copper, Lead, Nickel, Silver, Zinc, and Cyanide. The permit contains monitoring for Flow–MGD.

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 April 19, 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-25-070/076, KS-Q-25-040/043) 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. 052963