Volume 44 - Issue 21- May 22, 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-25-139/141

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Dwight L. Meuli Trust 1105 1100 Ave. Abilene, KS 67410	SW/4 of Section 11 T15S, R02E Dickinson County	Smoky Hill River Basin
Kansas Permit No. A-SHDK-B007
The proposed action is to reissue an existing State permit for an existing facility for 450 head (225 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
Gerald Shippy 1697 Wolf Rd. Woodbine, KS 67492	SE/4 of Section 12 & NE/4 of Section 13 T14S, R04E Dickinson County	Smoky Hill River Basin
Kansas Permit No. A-SHDK-B006
The proposed action is to reissue an existing state permit for an existing facility for 150 head (75 animal units) of cattle weighing 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
Kevin Benfer Farms Kevin Benfer 244 2nd Rd Longford, KS 67458	N/2 of Section 32 T10S, R01E Clay County	Smoky Hill River Basin
Kansas Permit No. A-SHCY-S010
The proposed action is to reissue an existing state permit for an existing facility for 900 head (360 animal units) of swine weighing more than 55 pounds, 600 head (60 animal units) of swine weighing 55 pounds or less, and 300 head (150 animal units) of cattle weighing 700 pounds or less, for a total 570 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-25-096/099

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
Whitewater, City of PO Box 149 Whitewater, KS 67154	Walnut River via West Branch Whitewater River	Treated Domestic
Permit No. M-WA16-OO02 Federal Permit No. KS0097276
Legal Description: SE¼, NW¼, SE¼, Section 7, Township 24S, Range 3E, Butler County
Location: 37.97636, -97.13995
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, commercial, and industrial areas. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coli. The permit contains monitoring for pH, and Total Phosphorus. 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 January 31, 2025, by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 5.2 mg/L for this facility. The 99th percentile decreased during the current permit cycle resulting in a lower limit for the proposed permit.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Mayetta, City of 119 E Main St PO Box 217 Mayetta, KS 66509	South Cedar Creek via Unnamed Tributary	Treated Domestic
Permit No. M-KS40-OO01 Federal Permit No. KS0026182
Legal Description: SW¼, NE¼, SW¼, Section 23, Township 8S, Range 15E, Jackson County
Location: 39.33657, -95.71333
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. 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 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 February 20, 2025 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 18.7 mg/L for this facility.
Name and Address of Applicant	Receiving Stream	Type of Discharge
McFarland, City of PO Box 183 McFarland, KS 66501	Mill Creek via Paw Paw Creek	Treated Domestic
Permit No. M-KS41-OO01 Federal Permit No. KS0024686
Legal Description: NW¼, NE¼, NW¼, Section 31, Township 11S, Range 11E, Wabaunsee County
Location: 39.05697, -96.23608
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.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Smith County Commission 218 S. Grant Smith Center, KS 66967	Solomon River via North Fork Solomon River via Cedar Creek via Siphon Canal	Treated Domestic
Permit No. I-SO09-PO01 Federal Permit No. KS0100722
Legal Description: Smith County
Location: 39.66132, -98.96841
The proposed action consists of reissuing the above referenced NPDES permit. No significant changes were made to the permit. This facility is engaged in limestone quarry and crushing operation with no washing. Outfalls 003A consists of stormwater runoff and pit water that is treated by a settling pond. Outfalls 001A and 002A were eliminated. This facility rarely discharges. 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 21, 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-25-139/141, KS-Q-25-096/099) 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, Kansas 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. The 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. 053182