Volume 41 - Issue 6 - February 10, 2022
State of Kansas
Department of Health and Environment
Notice Concerning 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.
Public Notice No. KS-AG-22-046/053
Pending Permits for Confined Feeding Facilities
| Name and Address of Applicant |
Legal Description | Receiving Water |
| EB North Finish Site Jennifer A. Gerety 2857 Willow Rd. Robinson, KS 66532 |
E/2 of Section 36 T01S, R18E Brown County |
Missouri River Basin |
| Kansas Permit No. A-MOBR-S046 | ||
| The proposed action is to modify the current state permit for an existing facility. This permit is being modified for an existing facility with 2,000 head (800 animal units) of swine weighing greater than 55 pounds. This Permit Change is limited to revisions to the required Operating and December 1st Levels to facility RCS, based on a re-evaluation of survey data for RCS 2, which demonstrates additional capacity exists. RCS 2 was designed at 4.21 acre-feet, but was constructed with 5.64 acre-feet in capacity, at the freeboard level. The existing swine buildings and existing wastewater control system will be used. This facility has an approved Waste Management Plan on file with KDHE. There are no other changes to the permit. Only the portions of the permit being modified are subject to comment. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Ferdinand Dairy John Ferdinand 2013 Road 370 Reading, KS 66868 |
NW/4 of Section 05 T16S, R13E Lyon County |
Marais des Cygnes River Basin |
| Kansas Permit No. A-MCLY-M001 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 80 head (112 animal units) of mature dairy cows, 30 head (15 animal units) of cattle weighing 700 pounds or less, and 30 head (30 animal units) of cattle weighing more than 700 pounds for a total of 157 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. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Seiler Dairy Robert Seiler 13435 W. 85th N. Valley Center, KS 67147 |
NE/4 of Section 35 T25S, R02W Sedgwick County |
Lower Arkansas River Basin |
| Kansas Permit No. A-ARSG-M044 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 150 head (210 animal units) of mature dairy cattle, 45 head (45 animal units) of cattle weighing more than 700 pounds, and 80 head (40 animal units) of cattle weighing less than 700 pounds; for a total of 295 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 |
| Bret Edgington 225 Road 50 Ulysses, KS 67880 |
NW/4 of Section 18 T26S, R38W Kearny County |
Upper Arkansas River Basin |
| Kansas Permit No. A-UAKE-S004 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 350 head (140 animal units) of swine more 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 |
| DBK, LLC – Reith Site 1026 Prairie Rd. Linn, KS 66953 |
SW/4 of Section 11 T04S, R03E Washington County |
Big Blue River Basin |
| Kansas Permit No. A-BBWS-S054 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 2,498 head (999.2 animal units) of swine more 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 |
| Mike Nightengale 1011 XX Rd. Copeland, KS 67837 |
SW/4 of Section 23 T28S, R31W Haskell County |
Cimarron River Basin |
| Kansas Permit No. A-CIHS-B005 | ||
| 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 |
| Trailane Kennels Jerry Nelson 22549 C Rd. Soldier, KS 66540 |
SE/4 of Section 07 T07S, R13E Jackson County |
Kansas River Basin |
| Kansas Permit No. A-KSJA-K001 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 300 dogs (10 animal units) and 35 head (35 animal units) of cattle more than 700 pounds, for a total of 45 animal units of dogs and 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 |
| Feedyards, Inc. - Centerfire Feedyard 10925 S. Road P Ulysses, KS 67880 |
NE/4 & S/2 of Section 16 & NE/4 of Section 21 & NW/4 of Section 22 T30S, R36W Grant County |
Cimarron River Basin |
| Kansas Permit No. A-CIGT-C002 Federal Permit No. KS0036749 |
||
| The proposed action is to modify and reissue an existing NPDES permit for an existing facility for 56,000 head (56,000 animal units) of cattle weighing more than 700 pounds and 30 head (60 animal units) of horses for a total of 56,060 animal units. The modification to the permit is to include a third evaporation pond. The facility has an approve NMP on file. | ||
Public Notice No. KS-Q-22-007
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 |
| Lakewood Hills Improvement District 9125 Lake Hills Rd. Ozawkie, KS 66070 |
Lake Perry via Unnamed Tributary |
Treated Domestic Wastewater |
| Kansas Permit No. M-KS56-OO03 Federal Permit No. KS0095061 |
||
| Legal Description: SE¼, SE¼, NE¼, S7, T10S, R18E, Jefferson County, Kansas | ||
| Facility Name: Lakewood Hills Improvement District Wastewater Treatment Facility | ||
| Facility Location: 8480 Wren Ave., Ozawkie, KS 66070 | ||
| The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a mechanical wastewater treatment plant consisting of a septic tank-effluent pumping low pressure sewer system, selector tank, extended aeration activated sludge, final clarifier, UV disinfection, aerobic digester, and surge tank. This proposed permit includes a schedule of compliance for the facility to hire a Kansas-licensed engineering consultant to provide KDHE with an operations and wastewater treatment evaluation to assist the facility in meeting effluent limits and to submit an engineering report for improvements to bring the facility into consistent compliance. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, ammonia, E. coli, and pH, as well as monitoring for total Kjeldahl nitrogen, nitrate + nitrite, total nitrogen, total phosphorus, and flow. | ||
Public Notice No. KS-EG-22-003/004
In accordance with K.A.R. 28-46-7 and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, draft permits have been prepared for the use of the well(s) described below within the State of Kansas.
| Name and Address of Applicant | |
| CHS McPherson Refinery, Inc. 2000 S. Main St. McPherson, KS 67460 |
|
| Permit No. KS-01-113-008 | |
| Legal Description: | S32, T19S, R3W, McPherson County, Kansas |
| Well Number | Location |
| WWDW #1 | Latitude N: 38.348152” Longitude W: -97.678311” |
| Facility Description: The proposed action is to reissue an existing Class I Injection Well permit for the facility listed above. Injection of non-hazardous liquid waste consisting of effluent from the water treatment plant and/or the SBR unit. Injection is made into the Arbuckle group through open hole from a depth of 3,868 feet to 4,380 feet. Disposal will be by means of gravity flow; wellhead pressure will not be allowed. The maximum rate of injection will be 1,440,000 gallons per day (34,286 barrels per day). All construction, monitoring, and operation of these wells shall meet the requirements that apply to Class I Injection wells under the Kansas UIC Regulations, K.A.R. 28-46-1 through 28-46-45 and other requirements of KDHE. | |
| Name and Address of Applicant | |
| CHS McPherson Refinery, Inc. 2000 S. Main St. McPherson, KS 67460 |
|
| Permit No. KS-01-113-009 | |
| Legal Description: | S32, T19S, R3W, McPherson County, Kansas |
| Well Number | Location |
| WWDW #2 | Latitude N: 38.349258” Longitude W: -97.678295” |
| Facility Description: The proposed action is to reissue an existing Class I Injection Well permit for the facility listed above. Injection of non-hazardous liquid waste consisting of effluent from the water treatment plant and/or the SBR unit. Injection is made into the Arbuckle group through open hole from a depth of 3,869 feet to 4,251 feet. Disposal will be by means of gravity flow; wellhead pressure will not be allowed. The maximum rate of injection will be 1,440,000 gallons per day (34,286 barrels per day). All construction, monitoring, and operation of these wells shall meet the requirements that apply to Class I Injection wells under the Kansas UIC Regulations, K.A.R. 28-46-1 through 28-46-45 and other requirements of KDHE. | |
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 12, 2022, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-22-046/053, KS-Q-22-007, KS-EG-22-003/004) 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 Paige Drury, 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 Michael Beezhold 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 Rachel Hammond at 1000 SW Jackson St., Suite 430, Topeka, KS 66612, telephone 785-296-6432 or email at kdhe.feedlots@ks.gov. For all other proposed permits or actions an appointment can be scheduled, or copies requested by contacting Christopher Zwiener, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-3056 or email at Christopher.Zwiener@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
Acting Secretary
Doc. No. 049806
