Volume 42 - Issue 38 - September 21, 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.

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-23-268/276

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Irsik & Doll Feed Services - Ingalls Feed Yard 10505 US-50 Hwy. Ingalls, KS 67853	NW/4 of Section 26 & All of Section 27 & S/2 of Section 23 T25S, R29W Gray County	Upper Arkansas River Basin
Kansas Permit No. A-UAGY-C006 Federal Permit No. KS0115274
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 42,000 head (42,000 animal units) of beef cattle weighing greater than 700 pounds. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to add 8.23 acres of open lot pens within the facility footprint. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Fort Hays State University Farm 600 Park St. Hays, KS 67601	SE/4 of Section 31 & SW/4 of Section 32 T13S, R18W Ellis County	Smoky Hill River Basin
Kansas Permit No. A-SHEL-M001
The proposed action is to modify and reissue an existing state permit for this education and research facility to a maximum capacity of 200 head (80 animal units) of swine more than 55 pounds, 130 head (13 animal units) of swine less than 55 pounds, 300 head (300 animal units) of cattle weighing more than 700 pounds, 150 head (75 animal units) of cattle weighing less than 700 pounds, 200 head (20 animal units) of sheep/lambs/goats, and 4 head (8 animal units) of horses, for a total of 984 head of livestock (496 animal units). This represents an increase in the permitted animal units from the previous permit. This permit is being modified to include a new animal mortality composting facility. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Darbyshire Grow Yard Dennis Darbyshire 2111 Road 80 Hartford, KS 66854	NW/4 of Section 33 T20S, R13E Lyon County	Neosho River Basin
Kansas Permit No. A-NELY-C008 Federal Permit No. KS0099406
The proposed action is to reissue an existing NPDES permit for an existing facility for 2,500 head (1,250 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Bekemeyer Enterprises, Inc. 1497 17th Rd. Washington, KS 66968	SW/4 of Section 05 T03S, R03E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-C006 Federal Permit No. KS0095320
The proposed action is to reissue an existing NPDES permit for an existing facility for 2,160 head (2,160 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Hemphills, Inc. 90020 NW 90th Ave. Byers, KS 67021	SW/4 of Section 18 T26S, R14W Pratt County	Lower Arkansas River Basin
Kansas Permit No. A-ARPR-B013
The proposed action is to reissue an existing state permit for an existing facility for 999 head (499.5 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
Kansas Dairies I, LLC - Frontier Dairy 11501 SW CR 31 Syracuse, KS 67878	E/2 & SW/4 of Section 31 & SW/4 of Section 32 T25S, R42W Hamilton County	Cimarron River Basin
Kansas Permit No. A-CIHM-D002 Federal Permit No. KS0094366
The proposed action is to reissue an existing NPDES permit for an existing facility for This is a reissued permit for an expanding facility for 9,350 head (13,090 animal units) of mature dairy cows, and 6,700 head (3,350 animal units) of dairy calves; for a total of 16,440 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Virgil Ziegler 10998 S. Road 40E Park, KS 67751	SW/4 of Section 05 T10S, R27W Sheridan County	Saline River Basin
Kansas Permit No. A-SASD-S002
The proposed action is to reissue an existing state permit for an existing facility for 980 head (392 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
Chuck Springer – Box Facility 6264 CR 1950 Elk City, KS 67344	SW/4 of Section 04 T31S, R14E Montgomery County	Verdigris River Basin
Kansas Permit No. A-VEMG-H010 Federal Permit No. KS0095346
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 5,660 head (2,264 animal units) of swine weighing greater than 55 pounds and 4,220 head (422 animal units) of swine weighing 55 pounds or less; for a total of 2,686 animal units of swine. The facility’s NMP was updated to include changes in the application rate limitations. The application rate limitation for three fields became 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
Knight Feedlot, Inc. 1768 Ave. J Lyons, KS 67554	E/2 of Section 23 T19S, R08W Rice County	Lower Arkansas River Basin
Kansas Permit No. A-ARRC-C002 Federal Permit No. KS0116157
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 35,000 head (35,000 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include the addition of one new 158-acre liquids export field. 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-AG-R-23-022

Per Kansas Statutes Annotated 65-171d, the following registration has been received for a proposed facility:

Name and Address of Registrant	Legal Description	County
Red Barn Truck Wash & Service Trever Stoppel 1200 E. Pancake Blvd. Liberal, KS 67901	SW/4 of Section 34 T34S, R33W	Seward

Public Notice No. KS-Q-23-164/170

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
Fairview, City of PO Box 175 Fairview, KS 66425	Walnut Creek via Spring Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-MO06-OO02 Federal Permit No. KS0098744
Legal Description: NE¼, NW¼, SW¼, Section 27, Township 2S, Range 15E of Brown County, Kansas
Facility Location: Latitude: 39.84769, Longitude: -95.73064
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 and industrial wastewater from local manufacturers. The total detention time at design flow is 160 days. 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
Hutchinson, City of PO Box 1567 Hutchinson, KS 67504	Arkansas River via ¼ mile ditch	Treated Domestic Wastewater
Kansas Permit No. M-AR49-IO01 Federal Permit No. KS0036188
Legal Description: S½, SW¼, NW¼, & N½, NW¼, SW¼ Section 33, Township 23S, Range 5W of Reno County, Kansas
Facility Location: Latitude: 38.00691, Longitude: -97.88339
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: Bar screen, aerated grit removal, primary pumping station (8 pumps), primary sedimentation tanks (3), secondary pumping station (5 pumps), Complete Mixed Activated Sludge (CMAS) basins (4), final sedimentation tanks (3), peak flow storage basins (2), UV disinfection unit, gravity secondary sludge thickeners (2), sludge storage basin, anaerobic sludge digestion (4-primary, 2-secondary), gravity belt thickener biosolids centrifuge, sludge cake storage building, collection system vacuum truck dump pad. 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, and Dissolved Oxygen; as well as monitoring for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, Chlorides, and Selenium.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Sterling, City of PO Box 287 Sterling, KS 67579	Cow Creek via Bull Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-AR85-OO01 Federal Permit No. KS0024783
Legal Description: N½, SE¼, SW¼ and N½, SW¼, SE¼, Section 22, Township 21S, Range 8W of Rice County, Kansas
Facility Location: Latitude: 38.20592, Longitude: -98.19046
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a four-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. The detention time at the design flow is 158 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, Total Nitrogen, Chloride, and Selenium. 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 July 13, 2022, by calculating the 99th percentile ammonia value from the Permittee has received a Consent Order Case Docket No. 19-E-01 BOW from KDHE. Permittee shall implement the requirements of the Consent Order and any amendments or replacements thereto facility’s discharge monitoring reports resulting in an ammonia limit of 7.4 mg/L for this facility.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Hallmark Cards, Inc. PO Box 99 Lawrence, KS 66044	Kansas River via unnamed tributary	Processed Wastewater
Kansas Permit No. I-KS31-CO06 Federal Permit No. KS0091481
Facility Location: Latitude: 38.98487, Longitude: -95.25943
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility manufactures greeting cards, decorative ribbons, and stickers. Operations include cutting, stamping, and folding of paper stock, printing, extrusion, plastic molding, and packaging. Domestic wastes and cafeteria wastes are processed through an oil / water separator and directed to the city sanitary sewer. In addition, wastewater from washing process areas and compressor condensate are also processed through an oil/water separator and are discharged to city sanitary sewer. Oils from oil water separators and other sources are shipped off-site for disposal. The facility uses boiler for heat and steam. The boiler blowdown is discharged to the Publicly Owned Treatment Works (POTW). The facility uses cooling tower for air conditioning during summer months. Daily blowdown of the cooling towers no longer occurs. When the cooling towers are operating, about 1,000 gallons per day of non-contact cooling tower blowdown and additional stormwater runoff are discharged from each outfall 001A and 002A to the Kansas River via an unnamed tributary. The proposed permit contains generic language to protect the waters of the state.
Name and Address of Applicant	Receiving Stream	Type of Discharge
City of Wichita 1815 W. Pine Wichita, KS 67203	Arkansas River via Storm Sewer	Processed Wastewater
Kansas Permit No. I-AR94-PO10 Federal Permit No. KS0099757
Legal Description: SE¼, Section 18, Township 27S, Range 1E of Sedgwick County, Kansas
Facility Location: Latitude: 37.69518, Longitude: -97.36131
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is the main public water treatment plant for Wichita. This permit is for the discharge of non-chlorinated filter influent water, filter backwash water and miscellaneous waters from online monitoring equipment, etc. The non-chlorinated waters are routed without treatment to the Arkansas River via a storm sewer. The lime solids from primary settling is not part of this discharge but is related by a separate permit. Estimated design flow from outfall 001A1 is 0.72 MGD. The proposed permit contains limits for Total Suspended Solids and pH, as well as monitoring for Total Phosphorus and Chlorides.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Public Wholesale Supply District #23 PO Box 328 Fredonia, KS 66736	Verdigris River via Fall River via Salt Creek	Processed Wastewater
Kansas Permit No. I-VE18-PO05 Federal Permit No. KS0101192
Legal Description: NW¼ of Section 23, Township 29S, Range 14E of Wilson County, Kansas
Facility Location: Latitude: 37.51730, Longitude: -95.84069
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a surface water treatment plant that is designed to treat 6 MGD, utilizing lime softening processes. Raw water will be treated using pre-sedimentation basins, circular clarifiers, solids contact clarifiers, gravity sand filters and a chlorine contact basin. Chlorine will be used for primary disinfection before the water is sent to the clear well. Water is then pumped to storage, prior to distribution. Sludge from the pre-sedimentation basins (20,000 gpd), lime softening wastes from clarifiers (50,000 gpd), filter to waste (25,000 gpd), filter backwash (65,000 gpd) and floor drains from the HSP building (2 gpd) will be pumped to a two-cell lagoon system for treatment. Online monitoring and laboratory wastewater (6,900 gpd) and miscellaneous floor drains from the shop area (170 gpd) and domestic wastes will be sent to the Fredonia sanitary sewer. Outfall 001A consists of the discharge from either of the two lagoons, which will discharge to Salt Creek, via an underground pipeline. The proposed permit contains limits for Total Residual Chlorine and Total Suspended Solids, as well as monitoring for pH.
Name and Address of Applicant	Receiving Stream	Type of Discharge
The Coleman Company, Inc. PO Box 2931 Wichita, KS 67201	Arkansas River via Storm Sewer	Processed Wastewater
Kansas Permit No. I-AR94-PO76 Federal Permit No. KS0091855
Legal Description: NW¼ of Section 21, Township 27S, Range 1E of Sedgwick County, Kansas
Facility Location: Latitude: 37.6889, Longitude: -97.3304
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a previous manufacturing site, which was identified by Bureau of Environmental Remediation (BER) to have groundwater contaminated with volatile organic compounds (VOC). Since 1991, this facility has been engaged in ongoing remediation efforts including groundwater extraction and treatment. Urban redevelopment of the site has resulted in demolition of most of the old factory buildings, which have been replaced with an office building and two parking lots. Groundwater extraction for the western half of the site (Factory A) is pumped from two wells (RW6 and RW7R) at a rate of 80 gallons per minute and treated with an air stripper prior to discharge to Outfall 004A. Groundwater extraction for the eastern half of the site (Factory B) is pumped from one well (RW5) at a rate of 40 gallons per minute and treated with an air stripper prior to discharge to Outfall 005A. The proposed permit contains limits for Trichloroethylene, Tetrachloroethylene, and pH; as well as monitoring for Flow, Total Chloride, Total Nitrogen, Total Phosphorus, and Radioactivity.

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 October 21, 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-23-268/276, KS-AG-R-23-022, KS-Q-23-164/170) 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. 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, KS 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 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. 051503