Volume 42 - Issue 39 - September 28, 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-23-277/281

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Lakin Dairy, LLP John Achen 771 Road R Lakin, KS 67860	SE/4 of Section 29 & N/2 of the SE/4 of Section 32 T25S, R36W Kearny County	Upper Arkansas River Basin
Kansas Permit No. A-UAKE-D001 Federal Permit No. KS0093599
The proposed action is to reissue an existing NPDES permit for an existing for a maximum capacity of 22,660 animal units consisting of 15,700 head (15,700 animal units) of cattle weighing greater than 700 pounds, 3,000 head (1,500 animal units) of cattle weighing 700 pounds or less, and 3,900 head (5,460 animal units) of mature dairy cows (lactating and dry). 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
Frontier Heifer Ranch Eric Goedhart 11501 SW CR 31 Syracuse, KS 67878	All of Section 36 T25S, R42W Hamilton County	Cimarron River Basin
Kansas Permit No. A-CIHM-C001 Federal Permit No. KS0088498
The proposed action is to reissue an existing NPDES permit for an existing facility for 9,000 head (9,000 animal units) of cattle weighing more than 700 pounds and 4,000 head (2,000 animal units) of cattle weighing less than 700 pounds; for a total of 11,000 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Cactus Feeders of Kansas, Inc. - Syracuse Feedyard 2205 NE Road 20 Syracuse, KS 67878	E/2 of Section 09 & All of Section 10 & N/2 of Section 15 T24S, R40W Hamilton County	Upper Arkansas River Basin
Kansas Permit No. A-UAHM-C001 Federal Permit No. KS0052825
The proposed action is to reissue an existing NPDES permit for an existing facility 45,000 head (45,000 animal units) of cattle weighing more than 700 pounds and 20 head (40 animal units) of horses, for a total of 45,040 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
Tate Grow Yard Jayce Stabel Tate Lane Rd. Deerfield, KS 67838	NW/4 of Section 03 T25S, R35W Kearny County	Upper Arkansas River Basin
Kansas Permit No. A-UAKE-C006 Federal Permit No. KS0095478
The proposed action is to reissue an existing NPDES permit for an existing facility for 3,100 head (3,100 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
M&B Pork Joshua Bohrn 8807 S. Spring Lake Sedgwick, KS 67135	NE/4 of Section 29 T24S, R02W Harvey County	Little Arkansas River Basin
Kansas Permit No. A-LAHV-H001 Federal Permit No. KS0093785
The proposed action is to reissue an existing NPDES permit for an existing facility for 4,800 head (1,920 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.

Public Notice No. KS-AG-R-23-023/024

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

Name and Address of Registrant	Legal Description	County
N&K Cattle Co. 6249 CR 1077 Blue Mound, KS 66010	NW/4 & SW/4 of Section 21 T22S, R22E	Linn
Name and Address of Registrant	Legal Description	County
T&J Cattle, LLC 2401 K-25 Hwy. Colby, KS 67701	SW/4 of Section 06 T07S, R33W	Thomas

Public Notice No. KS-Q-23-171/175

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
Kansas Turnpike Authority 9401 E. Kellogg Wichita, KS 67207	Mercer Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. C-NE46-OO01 Federal Permit No. KS0053660
Legal Description: SE¼, NW¼, NE¼, Section 31, Township 22S, Range 8E of Chase County, Kansas
Facility Location: Latitude: 38.09871, Longitude: -96.57762
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 a state highway service area. The detention time at design flow is 298 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH and E. coli.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Seneca, City of PO Box 40 Seneca, KS 66538	South Fork Big Nemaha River	Treated Domestic Wastewater
Kansas Permit No. M-MO19-OO01 Federal Permit No. KS0047538
Legal Description: E½, NE¼, SE¼ Section 34, and W½, NW¼, SW¼, Section 35, Township 2S, Range 12E of Nemaha County, Kansas
Facility Location: Latitude: 39.83084, Longitude: -96.05247
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a five-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 design flow is 136 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coli; as well as monitoring for pH and Total Phosphorus. 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 21, 2023 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports, resulting in an ammonia limit of 5.9 mg/L for this facility. The 99th percentile monthly average decreased during the current permit cycle resulting in a lower monthly limit for the proposed permit. Since the population of the permittee is over 2,000, monthly ammonia monitoring will be required.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Wilson County Commissioners 615 Madison Fredonia, KS 66736	Village Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-NE11-OO04 Federal Permit No. KS0084476
Legal Description: SW¼, SW¼, SE¼, Section 15, Township 27S, Range 17E of Wilson County, Kansas
Facility Location: Latitude: 37.69006, Longitude: -95.53413
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 areas. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH and E. coli.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Woodson County Improvement District No. 2 PO Box 84 Piqua, KS 66761	Plum Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-NE72-OO02 Federal Permit No. KS0084085
Legal Description: SE¼ SE¼ SW¼, Section 28, Township 24S, Range 17E of Woodson County, Kansas
Facility Location: Latitude: 37.92282, Longitude: -95.54810
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 the design flow is 136 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH and E. coli.
Name and Address of Applicant	Receiving Stream	Type of Discharge
LaCrosse Water Treatment Plant PO Box 339 LaCrosse, KS 67548	Upper Arkansas River via Sand Creek	Processed Wastewater
Kansas Permit No. I-UA23-PO02 Federal Permit No. KS200006
Legal Description: NW¼, Section 3, Township 18S, Range 18E of Rush County, Kansas
Facility Location: Latitude: 38.52267, Longitude: -99.30894
The proposed action is to issue a new State/NPDES permit for an existing facility. This is an existing, lime/soda ash water treatment plant with a capacity to treat 0.2 MGD that treats well water. Waste streams generated from this facility consists of wastes from the lime softening process (4,753 gpd) and filter back wash (7,715 gpd). On-line monitoring wastewater, domestic wastes and wastewater from miscellaneous floor drains (10 gpd) are directed to a septic tank and lateral field. Outfalls 001A and 002A consists of treated wastewater from one of three treatment lagoons. Wastes from the filter back wash are directed to a catch basin, which discharges to Outfall 003A and then to a pond, which is west of the plant and Highway 183, before discharging to Sand Creek. In an emergency, all waste-streams can be redirected to the catch basin. The proposed permit contains limits for Total Residual Chlorine, Total Suspended Solids, and pH; as well as monitoring for Arsenic and Sulfate. In compliance with Kansas and federal law, KDHE has approved an antidegradation review for this new facility for increased concentrations and mass of some pollutants to the receiving stream. The water quality of the receiving stream will not be lowered below the quality necessary to support existing designated uses.

Public Notice No. KS-PT-23-013

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
Titan Trailer Manufacturing, Inc. 2306 S. US-77 Hwy. Waterville, KS 66548	Waterville WWTP	Processed Wastewater
Kansas Permit No. P- BB22-OO01 Federal Permit No. KSP000068
Facility Address: 2306 S. US-77 Hwy., Waterville, KS 66548
Facility Location: Latitude: 39.68229, Longitude: -96.75024
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility manufactures livestock trailers and parts. The steel parts are processed in a phosphating operation which is in a spray booth, to prepare the parts for paint. The phosphating operation is considered a conversion coating operation, which is subject to EPA’s the Metal Finishing Standard. Outfall 001A consists of wastewater from the spray booth after the wastewater is treated. 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 October 28, 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-23-277/281, KS-AG-R-23-023/024, KS-Q-23-171/175, KS-PT-23-013) 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. 051