Volume 42 - Issue 30 - July 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-23-223/233

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Seaboard Foods, LLC -Shore #1071 9080 S. Road F Johnson, KS 67855	NE/4 of Section 12 T30S, R40W Stanton County	Cimarron River Basin
Kansas Permit No. A-CIST-H002 Federal Permit No. KS0091588
The proposed action is to reissue an existing NPDES permit for an existing facility for 3,320 head (1,328 animal units) of swine weighing more than 55 pounds and 4,500 head (450 animal units) of swine weighing 55 pounds or less; for a total permitted capacity of 7,820 head (1,778 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
Irsik & Doll Feed Yard 8220 E. US-50 Hwy. Garden City, KS 67846	W/2 of Section 19 and N/2 & SW/4 of Section 20 T24S, R31W Finney County	Upper Arkansas River Basin
Kansas Permit No. A-UAFI-C004 Federal Permit No. KS0055069
The proposed action is to reissue an existing NPDES permit for an existing facility for 65,000 head (65,000 animal units) of cattle weighing greater 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.
Name and Address of Applicant	Legal Description	Receiving Water
Moxley Ranch Tom Moxley 1852 S. 200 Rd Council Grove, KS 66846	SW/4 of Section 35 T16S, R09E Morris County	Neosho River Basin
Kansas Permit No. A-NEMR-B009
The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 animal units) of beef cattle weighing more than 700 pounds each. 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
Roth Farms - Richter Unit 10975 Lasita Rd. Leonardville, KS 66449	SE/4 of Section 11 T08S, R04E Riley County	Lower Republican River Basin
Kansas Permit No. A-LRRL-S001
The proposed action is to reissue an existing state permit for an existing facility for 676 head (270.4 animal units) of swine more than 55 pounds and 1000 head (100 animal units) of swine 55 pounds or less, for a total of 370.4 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
Wendling Farm, LLC David Wendling 6713 S. Old Settlers Rd. Halstead, KS 67056	SE/4 of Section 16 T24S, R02W Harvey County	Little Arkansas River Basin
Kansas Permit No. A-LAHV-B005
The proposed action is to reissue an existing state permit for an existing facility for 650 head (650 animal units) of cattle more than 700 pounds and 300 head (150 animal units) of cattle 700 pounds or less for a total of 800 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
Winchester Hog Building David Halling 150th Rd. Denton, KS 66017	NW/4 of Section 11 T04S, R19E Doniphan County	Missouri River Basin
Kansas Permit No. A-MODP-S012
The proposed action is to reissue an existing state permit for an existing facility for 900 head (360 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
Zoltenko Farms, Inc. - South Stud James Zoltenko 2195 10 Rd. Courtland, KS 66939	NW/4 of Section 19 T01S, R05W Republic County	Lower Republican River Basin
Kansas Permit No. A-LRRP-S025
The proposed action is to reissue an existing state permit for an existing facility for 720 head (288 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
Haverkamp Brothers Inc. - Home Farm 2976 L4 Rd. Bern, KS 66408	SW/4 of Section 01 & NE/4 of Section 12 T01S, R12E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-H003 Federal Permit No. KS0101729
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 8,000 head (800 animal units) of swine weighing less than 55 pounds and 4,625 head (1,850 animal units) of swine weighing more than 55 pounds. The facility’s NMP was updated to include changes in the application rate limitations for their fields. The application rate limitations for two fields have become less restrictive than the previous NMP. There are no changes to the permit or in the permitted number of animal units. Only the updated portion of the Nutrient Management Plan is subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Steven Cox Associates, LLC 504 N. 1500 Rd. Long Island, KS 67647	NW/4 of Section 32 T01S, R20W Phillips County	Upper Republican River Basin
Kansas Permit No. A-URPL-H003 Federal Permit No. KS0115746
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 4,358 head (1,743.2 animal units) of swine more than 55 pounds and 3,880 head (388 animal units) of swine weighing 55 pounds or less, for a total of 2,131.2 animal units of swine. The facility’s NMP was updated to include changes in the application rate limitations for their fields. The application rate limitation for one field has become less restrictive than the previous NMP. There are no changes to the permit or in the permitted number of animal units. Only the updated portion of the Nutrient Management Plan is subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Henry Creek Farms, Inc. 10636 NW 110th St. Whitewater, KS 67154	SW/4 of Section 06 T24S, R04E Butler County	Walnut River Basin
Kansas Permit No. A-WABU-H001 Federal Permit No. KS0089451
An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 3,602 head (1,440.8 animal units) of swine weighing more than 55 pounds and 2,430 head (243 animal units) of swine weighing 55 pounds or less and 500 head (250 animal units) of cattle weighing 700 pounds or less; for a total of 1933.8 animal units. The facility’s NMP was updated to include less-limiting rate limitation change for one field. There are no changes to the permit or in the permitted number of animal units. Only the updated portions of the Nutrient Management Plan are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Upland Pork 282 E-14 Almena, KS 67622	NE/4 of Section 01 T01S, R21W Norton County	Upper Republican River Basin
Kansas Permit No. A-URNT-H001 Federal Permit No. KS0088323
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 6,888 head (2,755.2 animal units) of swine weighing more than 55 pounds and 8,800 head (880 animal units) of swine weighing 55 pounds or less; for a total of 15,688 head (3,635.2 animal units) of swine. The facility’s NMP was updated to include changes in the application rate limitations for their fields. The application rate limitation for one field has become less restrictive than the previous NMP. There are no changes to the permit or in the permitted number of animal units. Only the updated portion of the Nutrient Management Plan is subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.

Public Notice No. KS-Q-23-147/150

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
Green Acres Mobile Home Park 1753 CR E Emporia, KS 66801	Moon Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. C-NE24-OO03 Federal Permit No. KS0095729
Legal Description: SW¼, SE¼, NE¼, Section 10, Township 19S, Range 10E of Lyon County, Kansas
Facility Location: Latitude: 38.41299, Longitude: -96.28408
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: two activated sludge package plants, UV disinfection of the effluent, and an effluent polishing pond. The south activated sludge package plant is not in current use as the north activated sludge package plant has adequate capacity for current use. 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 Phosphorus; as well as monitoring for Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Kaman Composites 1650 S. McComas St. Wichita, KS 67213	Arkansas River via Valley Center Floodway via Stormwater Sewer	Processed Wastewater
Kansas Permit No. I-AR94-CO66 Federal Permit No. KS0096652
Legal Description: NW ¼, Section 36, Township 27S, Range 1W of Sedgwick County, Kansas
Facility Location: Latitude: 37.66457, Longitude: -97.38526
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility fabricates aircraft and aerospace composite parts using low and high-pressure lamination, thermoplastic sheet forming, and metal/composite assemblies. On site well water, used for non-contact additive free cooling of autoclave #15 is discharged to the storm sewer. The average and maximum discharge flow rate of non-contact cooling water at Outfall 001A is 8,000 gallons per day (gpd). Wastewater generated in the autoclaves #5, #9, and #12, boiler blowdown, air compressor condensate and cooling water, domestic wastewater, and all other process wastewater is discharged to the city sanitary sewer. The proposed permit contains generic language to protect the waters of the state.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Higgins Stone Company 407 Miller Dr. Wamego, KS 66547	Kansas River via Mission Creek via Massasoit Creek via Unnamed tributary	Processed Wastewater
Kansas Permit No. I-KS92-PO01 Federal Permit No. KS0095460
Legal Description: Section 17, Township 13S, Range 13E of Wabaunsee County, Kansas
Facility Location: Latitude: 38.92225, Longitude: -96.00054
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is engaged in a limestone sawing and rock splitting operation. This facility has four saws, two of which produce water from rock fines that needs treatment. The Python sawing operation discharges water containing rock fines to a settling pond that does not discharge. However, spent water from the Eagle sawing operation containing rock fines is directed to a concrete basin and then to two sedimentation ponds in series, for treatment, before discharging to Pond D (Outfall 001A). Pond (A) is a large pond south of the stone yard that only provided clean water in case water is needed. Pond (B) receives the spent water from a concrete settling basin containing the fines from the rock sawing operation and is considered to be a settling pond. Treated water from Pond B is then directed to Pond (C), which is also a settling pond, which can overflow to Pond D. Pond (D) is the final settling pond that is used to supply clean water to the Eagle sawing operation. The Outfall from Pond D discharges very infrequently to an unnamed tributary. This unnamed tributary and Massasoit Creek is dry most of the year. The proposed permit contains limits for Total Suspended Solids, as well as generic language to protect the waters of the state.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Wescon Plastics, LLC 2810 S. West St. Wichita, KS 67217	Arkansas River via Stormwater Ditch via Stormwater Sewer	Processed Wastewater
Kansas Permit No. I-AR94-PO62 Federal Permit No. KS0000825
Legal Description: SW ¼, Section 1, Township 28S, Range 1W of Sedgwick County, Kansas
Facility Location: Latitude: 37.64365, Longitude: -97.38808
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility manufactures outdoor equipment and proprietary injection molded plastic items. This permit authorizes the discharge of non-contact cooling water from plastic mold chillers and air conditioning unit(s). Discharge of process wastewater, as defined under EPA’s Effluent Guideline 40 CFR §463–Plastic Molding Point Source Category, is not authorized under this permit. Domestic waste is discharged into a sanitary sewer. This facility discharges about 360,000 gallons per day (gpd) of non-contact cooling water to the storm sewer. The source for non-contact cooling water is groundwater from two (2) wells located at the facility. Groundwater is treated with chemicals for iron reducing bacteria (Gallionella) prior to use in the chillers and A/C unit(s). Chemical treatment of groundwater includes the periodic addition of a phosphorus based sequestrant and sodium hypochlorite. The proposed permit contains limits for Total Residual Chlorine and pH, as well as monitoring for Flow, Temperature, Volatile Organic Compounds, and Total Phosphorus.

Public Notice No. KS-PT-23-012

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
CELCO 124 N. Lawrence Anthony, KS 67003	Anthony MWWTP	Processed Wastewater
Kansas Permit No. P-AR04-OO01 Federal Permit No. KSP000102
Facility Address: 124 N. Lawrence, Anthony, KS 67003
Facility Location: Latitude: 37.15283, Longitude: -98.03801
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility performs electro-polishing and passivating on metal parts. Outfalls 001A consists of contaminated rinse water from these operations, which is treated by a chemical precipitation system, before being released to the city sanitary sewer. Outfall 002A consists of an aqueous cleaning operation, located in a separate building, south of Main Street. 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 August 26, 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-23-223/233, KS-Q-23-147/150, KS-PT-23-012) 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, Section Chief, 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 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. 051357