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Volume 42 - Issue 17 - April 27, 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-23-094/096

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant		 Legal Description Receiving Water
GJL Farms, LLC - Asherville
3782 K Rd.
Beloit, KS 67420		 NE/4 of Section 27
T07S, R06W
Mitchell County		 Solomon River Basin
Kansas Permit No. A-SOMC-H004
Federal Permit No. KS0118117
The proposed action is to reissue an existing NPDES permit for an existing facility for 5,000 head (2,000 animal units) of swine weighing 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 Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant		 Legal Description Receiving Water
Braun Farms
Spencer Braun
7265 Road W7
Norton, KS 67654		 NW/4 of Section 10
T02S, R24W
Norton County		 Upper Republican River Basin
Kansas Permit No. A-URNT-B008
The proposed action is to reissue an existing state permit for an existing facility for 500 head (500 animal units) of cattle 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
Anderson Land & Cattle, Inc.
36757 Road P
Oberlin, KS 67749		 SE/4 of Section 13
T03S, R31W
Rawlins County		 Upper Republican River Basin
Kansas Permit No. A-URRA-B009
The proposed action is to reissue an existing state permit for an existing facility for 630 head (630 animal units) of cattle more than 700 pounds and 350 head (175 animal units) of cattle 700 pounds or less, for a total of 980 head (805 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.

Public Notice No. KS-Q-23-054/056

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
Morrill, City of
PO Box 146
Morrill, KS 66515		 Walnut Creek via
Terrapin Creek		 Treated Domestic Wastewater
Kansas Permit No. M-MO13-OO01
Federal Permit No. KS0022691
Legal Description: NW¼, SW¼, SE¼, Section 25, Township 1S, Range 15E of Brown County, Kansas
Facility Location: Latitude: 39.93124, Longitude: -95.68274
The proposed action is to reissue an existing State/NPDES 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 receives domestic wastewater from residential areas. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and E. coli; as well as monitoring for pH, Ammonia, Total Phosphorus, and Arsenic.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Strong City, City of
PO Box 208
Strong City, KS 66869		 Cottonwood River via
Fox Creek		 Treated Domestic Wastewater
Kansas Permit No. M-NE63-OO01
Federal Permit No. KS0031178
Legal Description: E½, NW¼, NE¼, Section 17, Township 19S, Range 8E of Chase County, Kansas
Facility Location: Latitude: 38.40409, Longitude: -96.54567
The proposed action is to reissue an existing State/NPDES 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 design flow is 131 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as 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. The ammonia effluent limit was determined on February 10, 2023 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 7.1 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
Starbuck Rock, LLC
7883-900
Fredonia, KS 66736		 Verdigris River via Fall River
via unnamed tributary		 Processed Wastewater
Kansas Permit No. I-VE18-PO04
Federal Permit No. KS0099678
Legal Description: NE ¼ of Section 26, Township 29S, Range 14E of Wilson County, Kansas
Facility Location: Latitude: 37.49567, Longitude: -95.83602
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a limestone quarrying and crushing operation with no washing. Outfall 001A consists of pit water and stormwater runoff, which flows into a settling pond by gravity, for treatment before discharge. The proposed permit contains generic language to protect the waters of the state.

Public Notice No. KS-PT-23-008/009

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
Intervet dba Merck Animal Health
35500 W. 91st St.
DeSoto, KS 66018		 DeSoto MWWTP Processed Wastewater
Kansas Permit No. P-KS12-OO01
Federal Permit No. KSP000053
Facility Address: 35500 W. 91st St., DeSoto, KS 66018
Facility Location: Latitude: 38.96586, Longitude: -94.99332
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility uses biologicals to produce animal vaccines and has a primary Standard Industrial Classification (SIC) code of 2836. Process wastewater from the manufacture of pharmaceutical products is discharged from the production building. These wastes are neutralized before being discharged to the city sanitary sewer. Approximately 20,000-70,000 gallons of regulated process wastes can be discharged during a given day. The proposed permit contains limits for pH, Acetone, n-Amyl Acetate, Ethyl Acetate, Isopropyl Acetate, Methylene Chloride, and Cyanide.
Name and Address
of Applicant		 POTW Receiving Wastes Type of Discharge
Kraft Tool Co.
8325 Hedge Lane Terr.
Shawnee, KS 66227		 Neodesha MWWTP Processed Wastewater
Kansas Permit No. P-VE29-OO01
Federal Permit No. KSP000049
Facility Address: 1250 Tank Ave., Neodesha, KS 66757
Facility Location: Latitude: 37.42791, Longitude: -95.69012
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility manufactures carpenter levels and squares, cement finishing and other hand tools. Regulated processes include copper electroplating, metal cleaning and conversion coating (black oxide) of steel. This facility also has an aluminum casting operation, but this operation does not discharge to the city sewer. 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 27, 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-23-094/096, KS-Q-23-054/056, KS-PT-23-008/009) 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. 051085

Secretary of State Seal