Volume 42 - Issue 16 - April 20, 2023
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-23-089
Application(s) for New or Expansion of Existing Swine Facilities
| Name and Address of Applicant |
Owner of Property Where Facility Will Be Located |
| Clarke and Julia Nelson 1304 W. Fox Rd. Almena, KS 67647 |
Rolling Hills Pork 7755 Road E13 Almena, KS 67622 |
| Legal Description | Receiving Water |
| SW/4 of Section 12 T02S, R21W Norton County |
Upper Republican River Basin |
| Kansas Permit No. A-URNT-H011 Federal Permit No. KS0101290 |
|
| This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 6,800 head (2,720 animal units) of swine weighing more than 55 pounds, and 10,000 head (1,000 animal units) of swine weighing 55 pounds or less; for a total of 3,720 animal units. The complete application can be viewed online at https://www.kdhe.ks.gov/493/Swine-Feedlot-Permit-Applications, at the office of the Norton County Clerk, the KDHE Northwest District Office in Hays, Kansas or the KDHE Main Office in Topeka, Kansas. A permit to operate the proposed swine waste management system will not be issued without additional public notice. | |
Public Notice No. KS-AG-23-090
Application(s) for New or Expansion of Existing Swine Facilities
| Name and Address of Applicant |
Owner of Property Where Facility Will Be Located |
| N. Terry Nelson 1304 W. Fox Rd. Almena, KS 67647 |
Stillwater Swine 7755 Road E13 Almena, KS 67622 |
| Legal Description | Receiving Water |
| SW/4 of Section 12 T02S, R21W Norton County |
Upper Republican River Basin |
| Kansas Permit No. A-URNT-H010 Federal Permit No. KS0101281 |
|
| This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 6,800 head (2,720 animal units) of swine weighing more than 55 pounds, and 10,000 head (1,000 animal units) of swine weighing 55 pounds or less; for a total of 3,720 animal units. The complete application can be viewed online at https://www.kdhe.ks.gov/493/Swine-Feedlot-Permit-Applications, at the office of the Norton County Clerk, the KDHE Northwest District Office in Hays, Kansas or the KDHE Main Office in Topeka, Kansas. A permit to operate the proposed swine waste management system will not be issued without additional public notice. | |
Public Notice No. KS-AG-23-091/093
Pending Permits for Confined Feeding Facilities
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Syracuse Dairy, LLC - Timeline Dairy 2000 E. Road 2 Johnson City, KS 67855 |
SW/4 of Section 06 & N/2 of Section 07 T27S, R40W and NE/4 of Section 12 T27S, R41W Stanton County |
Cimarron River Basin |
| Kansas Permit No. A-CIST-D001 Federal Permit No. KS0094277 |
||
| The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 6,000 (8,400 animal units) of mature dairy cattle, 6,000 head (6,000 animal units) of beef cattle weighing more than 700 pounds, and 1,000 head (500 animal units) of dairy heifers weighing less than 700 pounds; for a total of 14,900 animal units. This represents an increase in the permitted animal units from the previous permit. There will be no change in the operation or the facility footprint. This facility has an approved Nutrient Management Plan on file with KDHE. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Fly Creek Chad Canady 7248 SW 90th St. Chetopa, KS 67336 |
NE/4 of Section 21 T34S, R22E Cherokee County |
Neosho River Basin |
| Kansas Permit No. A-NECK-F025 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 33,000 (594 animal units) head of turkeys. 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 |
| Wiggins Ranch 1297 210th St. Eureka, KS 67045 |
SE/4 of Section 34 T24S, R10E Greenwood County |
Verdigris River Basin |
| Kansas Permit No. A-VEGW-B002 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 120 head (120 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. | ||
Public Notice No. KS-AG-R-23-007/008
Per Kansas Statutes Annotated 65-171d, the following Registrations has been received for proposed facilities:
| Name and Address of Registrant |
Legal Description | County |
| Chase Bontrager 16014 254th Rd. Whiting, KS 66552 |
SW/4 of Section 20 T06S, R16E |
Jackson |
| Name and Address of Registrant |
Legal Description | County |
| Stringtown Ag, LLC Kevin Lueger 1229 120th Rd. Seneca, KS 66538 |
SW/4 of Section 13 T03S, R12E |
Nemaha |
Public Notice No. KS-Q-23-049/053
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 |
| Humboldt, City of PO Box 228 Humboldt, KS 66748 |
Neosho River via unnamed tributary |
Treated Domestic Wastewater |
| Kansas Permit No. M-NE36-OO01 Federal Permit No. KS0022632 |
||
| Legal Description: N ½, SE ¼, NW ¼, Section 9, Township 26S, Range 18E of Allen County, Kansas | ||
| Facility Location: Latitude: 37.80124, Longitude: -95.44578 | ||
| The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of: Influent pumping station, peak flow holding basin, mechanical screening and grit removal, primary clarifiers (2), trickling filter/aerated solids contact basin, final clarifiers (2), UV disinfection, aerobic sludge digestion, and sludge drying beds. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, and E. coli; as well as monitoring for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| Unified Government of Wyandotte County/Kansas City, Kansas 701 N. 7th St. Kansas City, KS 66101 |
Missouri River via Sorter Creek |
Treated Domestic Wastewater |
| Kansas Permit No. M-MO25-OO03 Federal Permit No. KS0085600 |
||
| Legal Description: S½, SE¼, NW¼, Section 23, Township 10S, Range 24E of Wyandotte County, Kansas | ||
| Facility Location: Latitude: 39.16436, Longitude: -94.70823 | ||
| The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of: Smith and Loveless Package “Oxigest” Activated Sludge Plant, Final Clarifier, and UV Disinfection. The facility receives domestic wastewater from KVC Prairie Ridge facility, an apartment complex, and the Board of Public Utilities water treatment facility adjacent to the wastewater treatment plant. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, and E. coli; as well as monitoring for Ammonia, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| Olathe, City of PO Box # Olathe, KS 66051-0768 |
Kansas River via Mill Creek |
Treated Domestic Wastewater |
| Kansas Permit No. M-KS52-IO01 Federal Permit No. KS0045802 |
||
| Legal Description: SW¼, SE¼, SE¼, Section 23, Township 13S, Range 23E of Johnson County, Kansas | ||
| Facility Location: Latitude: 38.89882, Longitude: -94.81964 | ||
| The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of: mechanical bar screen, Eutek grit removal, primary clarification – chemically enhanced with ferric chloride, first stage trickling filters, Intermediate clarification, second stage (high rate) trickling filters, final clarification, UV disinfection, reaeration, anaerobic sludge digestion, extraneous flow basin, and centrifuge. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, Dissolved Oxygen, and Total Phosphorus; as well as monitoring for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, Chlorides, and Copper. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| Whispering Pines MHC, LLC 8201 Wolfenberger Rd. Rye, CO 81069 |
Cow Creek via Second Cow Creek |
Treated Domestic Wastewater |
| Kansas Permit No. C-NE57-OO01 Federal Permit No. KS0118354 |
||
| Legal Description: SW¼ SW¼ SW¼, Section 25, Township 30S, Range 24E of Crawford County, Kansas | ||
| Facility Location: Latitude: 37.39678, Longitude: -94.74015 | ||
| The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of an activated sludge package plant (Oxigest) with chlorine disinfection. The facility receives domestic wastewater from residential areas. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, and Total Residual Chlorine; as well as monitoring for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Sulfate. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| Yates Center, City of 117 E. Rutledge St. Yates Center, KS 66783 |
Owl Creek via South Owl Creek via unnamed tributary |
Treated Domestic Wastewater |
| Kansas Permit No. M-NE70-OO02 Federal Permit No. KS0097446 |
||
| Legal Description: SE¼, NE¼, SW¼, Section 14, Township 25S, Range 15E of Woodson County, Kansas | ||
| Facility Location: Latitude: 37.86858, Longitude: -95.72994 | ||
| The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of: Mechanical bar screen, grit removal, extended aeration basin, clarifiers (2), UV disinfection, aerobic sludge digesters (2), and sludge drying beds. The facility receives domestic wastewater from residential and commercial areas. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, and E. coli; as well as monitoring for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen. Permittee has received a Consent Order Case Docket No. 23-E-003 BOW from KDHE. Permittee shall implement the requirements of the Consent Order and any amendments or replacements thereto. Final ammonia limits shall be effective one year from effective date of the permit. | ||
Public Notice No. KS-PT-23-006/007
The requirements of the draft permit public noticed below are pursuant to the Kansas Administrative Regulations 28-16-82 through 28-16-98, and U.S. Environmental Protection Agency Pretreatment Regulation 40 CFR 403.
| Name and Address of Applicant |
POTW Receiving Wastes | Type of Discharge |
| Abco Wire and Metal Products PO Box 313 Russell, KS 67665 |
Russell MWWTP | Processed Wastewater |
| Kansas Permit No. P-SH31-OO01 Federal Permit No. KSP000001 |
||
| Facility Address: 515 S. Front St., Russell, KS 67665 | ||
| Facility Location: Latitude: 38.87770, Longitude: -98.85334 | ||
| The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility operates an iron phosphating (conversion coating) operation to prepare metal parts for paint, using a three-stage washer. The metal can then be painted with a powder coat process, if needed. Outfall 002A consists of wastes that overflow from process and rinse tanks in the washer into Pit#2. Outfall 001 was eliminated in 2007, when the plating operation ceased operating. The proposed permit contains limits for pH, Total Toxic Organics, Cadmium, Chromium, Copper, Lead, Nickel, Silver, Zinc, and Cyanide. | ||
| Name and Address of Applicant |
POTW Receiving Wastes | Type of Discharge |
| Flint Hills Industries, LLC 220 Industrial Rd. Hillsboro, KS 67063 |
Hillsboro MWWTP | Processed Wastewater |
| Kansas Permit No. P-NE35-OO01 Federal Permit No. KSP000033 |
||
| Facility Address: 220 Industrial Rd., Hillsboro, KS 67063 | ||
| Facility Location: 220 Industrial Rd., Hillsboro, KS 67063 | ||
| The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility manufactures aluminum trailers and truck beds made of steel and aluminum. This facility performs conversion coating (iron phosphating) on steel, to prepare the steel for paint and chemical etching is performed on aluminum. Conversion coating and chemical etching are two of the six core processes under Metal Finishing standard. The proposed permit contains limits for pH, Total Toxic Organics, Cadmium, Chromium, Copper, Lead, Nickel, Silver, Zinc, and Cyanide. | ||
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 May 20, 2023 will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-23-089/093, KS-AG-R-23-007/008, KS-Q-23-049/053, KS-PT-23-006/007) 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 Erich Glave, Director, 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 Mirina Landry at 1000 SW Jackson St., Suite 430, Topeka, KS 66612, telephone 785-296-0076 or email at kdhe.feedlots@ks.gov. For all other proposed permits or actions an appointment can be scheduled, or copies requested by contacting Neal Niceswanger, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-6804 or email at Neal.Niceswanger@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. 051049
