Volume 43 - Issue 17 - April 25, 2024

State of Kansas

Department of Health and Environment

Notice of Proposed 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-24-101/107

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Flint Oak Jeff Oakes 2639 Quail Rd. Fall River, KS 67047	NE/4 of Section 15 T29S, R12E Elk County	Verdigris River Basin
Kansas Permit No. A-VEEK-K001
The proposed action is to modify and reissue an existing state permit for an expanding facility for 120 head (7.8 animal units) of dogs. This permit is being modified to close the existing lagoon and building a new kennel and lagoon to the west of the existing facility. There is no change in the 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
J-Six Enterprises, LLC - Smoky Hills 11513 S. Soderberg Rd. Falun, KS 67442	SW/4 of Section 30 & NW/4 of Section 31 T16S, R04W Saline County	Smoky Hill River Basin
Kansas Permit No. A-SHSA-C001 Federal Permit No. KS0045489
The proposed action is to modify and reissue an existing State/NPDES permit for a facility for 6,000 head (6,000 animal units) of cattle weighing greater than 700 pounds and 3,000 head (1,500 animal units) of cattle weighing less than 700 pounds. This permit is being modified to propose the development of the area north of RCS 6 to be used for feed storage, manure storage, mortality composting, and burial of composted materials. An additional RCS 7 is proposed to be constructed to retain runoff from the area. There is no change in the 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
Zimm’s Feedlot Todd Zimmerman 1650 Avenue R Sterling, KS 67579	NE/4 of Section 34 T20S, R08W Rice County	Lower Arkansas River Basin
Kansas Permit No. A-ARRC-C003 Federal Permit No. KS0086321
The proposed action is to reissue an existing NPDES permit for an existing facility for 3,600 head (3,600 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
Bekemeyer Enterprises, Inc. Glenn and Greg Bekemeyer 1624 16th Rd. Washington, KS 66968	NW/4 of Section 15 T03S, R03E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-B006
The proposed action is to reissue an existing state permit for an existing facility for 950 head (950 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.
Name and Address of Applicant	Legal Description	Receiving Water
Prairie Place Swine Marvin Bell 18269 Harveyville Rd. Harveyville, KS 66431	SW/4 of Section 03 T14S, R13E Wabaunsee County	Kansas River Basin
Kansas Permit No. A-KSWB-S010
The proposed action is to reissue an existing state permit for an existing facility for 650 head (260 animal units) of swine weighing more than 55 pounds and 2,780 head (278 animal units) of swine weighing 55 pounds or less; for a total of 538 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
G-M Cattle 185 N. K-23 Hwy. Dighton, KS 67839	NE/4 of Section 36 T17S, R29W Lane County	Upper Arkansas River Basin
Kansas Permit No. A-UALE-B005
The proposed action is to reissue an existing state permit for an existing facility for 990 head (990 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Reeve Cattle Company, Inc. 5665 S Old Hwy. 83 Garden City, KS 67846	E/2 & NW/4 of Section 13 & SW/4 of Section 12 T25S, R33W Finney County	Upper Arkansas River Basin
Kansas Permit No. A-UAFI-C018 Federal Permit No. KS0091731
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 58,000 head (58,000 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include a change in the application rate limitation for their fields. Twelve fields have application rate limitations that for 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.

Public Notice No. KS-Q-24-053/065

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
Great Lakes Polymer Technologies 100 Fabpro Way Kingman, KS 67068	Arkansas River via Ninnescah River (South Fork) via Drainage Ditch	Process Wastewater
Kansas Permit No. I-AR52-PO03 Federal Permit No. KS0117838
Legal Description: NE¼, Section 5, Township 28S, Range 7W, Kingman County, Kansas
Location: 37.64187, -98.10456
The proposed action consists of reissuance of an existing Kansas/NPDES Water Pollution Control Permit for an existing facility. The factory produces polypropylene yarns and tape for twine, cordage, and concrete fiber reinforcement. There are two sources of process water: an on-site well (primary source) and city water (secondary source). Process water is used for direct contact quenching of hot filaments/tapes. The contact cooling water discharge from 11 lines along with a minimal amount of non-contact cooling water from various screen changers is commingled in a collection pit. There are also 5 other lines in the plant, but they do not use direct contact quench water. This permit contains limits for pH, total suspended solids, oil and grease, and biochemical oxygen demand.
Name and Address of Applicant	Receiving Stream	Type of Discharge
ICI Manufacturing 834 NE Maddison Ave. Topeka, KS 66608		Process Wastewater
Kansas Permit No. P-KS03-OO01 Federal Permit No. KSP000115
The proposed action consists of reissuing the above referenced Pretreatment permit. Only minor changes have been made to the permit. This facility prepares various types of steel parts for paint, using a phosphating chemical. Steel parts are processed in a wash bay. Outfall 001 consists of spent phosphating wastes that discharge to a drain in the floor in the wash bay, before the wastewater discharges to the City sanitary sewer.
Name and Address of Applicant	Receiving Stream	Type of Discharge
City of Miltonvale PO Box 248 Miltonvale, KS 67466	Chapman Creek	Treated Domestic
Kansas Permit No. M-SH27-OO01 Federal Permit No. KS0021911
Legal Description: NW¼, SW¼, NW¼, Section 21, Township 8S, Range 1W, Cloud County, Kansas
Location: 39.34524, -97.44395
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control 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 total detention time at design flow is 120 days. The permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring for pH, E. coli, and Sulfates.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Lawrence, City of PO Box 708 Lawrence, KS 66044	Wakarusa River	Treated Domestic
Kansas Permit No. M-KS31-OO03 Federal Permit No. KS0099031
Legal Description: S½, NE¼, NW¼, Section 21, Township 13S, Range 20E, Douglas County, Kansas
Location: 38.91094, -95.20077
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of: of headworks, perforated plate fine screens, vortex grit removal, 5.0 MG peak flow equalization basin, complete mix aeration BNR activated sludge process, final clarifiers, ultraviolet disinfection, effluent re-aeration, aerated sludge storage, sludge dewatering equipment. The existing facility is Phase 1 of three phases. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. The permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, and Chronic whole Effluent Toxicity. The permit contains monitoring for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Liberal, City of 324 N. Kansas Liberal, KS 67905-2199	Constructed Wetland Area via Unnamed Tributary via Cimarron River	Treated Domestic
Kansas Permit No. M-CI10-OO03 Federal Permit No. KS010986
Legal Description: SW¼, SW¼, SW¼, Section 27, Township 34S, Range 33W, Seward County, Kansas
Location: 37.05519, -100.90312
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of an influent lift station, peak wet weather raw sewage diversion pump station, an extraneous flow basin/ lagoon cell, mechanical screens, grit removal system, Bio-denipho process activated sludge treatment basins, effluent filtration, an ultraviolet disinfection facility, and a sludge dewatering centrifuge. The facility receives wastewater from the National Beef Packing (NBP). The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. The permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, Nitrates + Nitrites, and Chronic Whole Effluent Toxicity. The permit contains monitoring for Total Phosphorus, Total Kjeldahl Nitrogen, Total Nitrogen, Chloride, and Selenium.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Herington, City of PO Box 31 Herington, KS 67449	Lyon Creek via Lime Creek	Treated Domestic
Kansas Permit No. M-SH17-OO01 Federal Permit No. KS0022811
Legal Description: NE¼, NW¼, NW¼, Section 12, Township 16S, Range 4E, Dickinson County, Kansas
Location: 38.68127, -96.94579
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The Herington Wastewater Treatment Facility discharges to the Lyon Creek via Lime Creek (Kansas Surface Water Register, HUC 10260008-51). The permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, and E. coli. The permit contains monitoring for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Garnett, City of PO Box H 131 W. 5th Ave. Garnett, KS 66032	South Fork Pottawatomie Creek via Unnamed Tributary	Treated Domestic
Kansas Permit No. M-MC13-OO03 Federal Permit No. KS0096377
Legal Description: SW¼, SE¼, SE¼, Section 30, Township 20S, Range 20E, Anderson County, Kansas
Location: 38.27410, -95.23506
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of: a bar screen, grit chamber, two activated sludge aeration basins, two final clarifiers, UV disinfection, peak wet weather flow basins, aerobic digestion, and vacuum sludge drying beds and belt press. The facility receives domestic wastewater from residential and commercial areas. Effluent flow is directed to the Ethanol plant when open. The permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, E. coli, and Dissolved Oxygen. The permit contains monitoring for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Mound City, City of PO Box 332 Mound City, KS 66056	Little Sugar Creek	Treated Domestic
Kansas Permit No. M-MC26-OO01 Federal Permit No. KS0047503
Legal Description: SE¼, SE¼, SE¼, Section 6, Township 22S, Range 24E, Linn County, Kansas
Location: 38.15394, -94.80753
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control 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 total detention time at design flow is 125 days. The permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring for pH, and E. coli. 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 19, 2024 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 7.8 mg/L for this facility.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Moran, City of PO Box 188 Moran, KS 66755-0188	Marmaton River via Unnamed Tributary	Treated Domestic
Kansas Permit No. M-MC25-OO01 Federal Permit No. KS0047490
Legal Description: NE¼, SW¼, NE¼, Section 36, Township 24S, Range 20E, Allen County, Kansas
Location: 37.91746, -95.15679
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control 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 wastewater from a local meat processor. The total detention time at design flow is 124 days. The permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring for pH, and E. coli. 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 16, 2024 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 6.2 mg/L for this facility.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Pleasanton, City of 1608 Laurel St. Pleasanton, KS 66075	Marais des Cygnes River via Muddy Creek	Treated Domestic
Kansas Permit No. M-MC35-OO01 Federal Permit No. KS0116653
Legal Description: NE¼, SW¼, NE¼, Section 25, Township 21S, Range 24E, Linn County, Kansas
Location: 38.19216, -94.71948
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control 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 total detention time at design flow is 130 days. The total detention time at design flow is 124 days. The permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring for pH, E. coli, and Lead. 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 condition (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 March 4, 2024 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 11.7 mg/L for this facility.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Unified School District No. 288 3521 Ellis Rd. Richmond, KS 66080	Marais des Cygnes River via Pottawatomie Creek via Sac Branch Creek via North Fork Sack Branch Creek	Treated Domestic
Kansas Permit No. M-MC43-OO02 Federal Permit No. KS0078891
Legal Description: NW¼, SW¼, SW¼, Section 22, Township 18S, Range 20E, Franklin County, Kansas
Location: 38.46595, -95.19311
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control 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 a rural school. The permit contains limits for Biochemical Oxygen Demand, and Total Suspended Solids. The permit contains monitoring for pH, Ammonia, and E. coli. Has schedule of compliance to retain certified operator.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Osage City, City of PO Box 250 Osage City, KS 66523	Salt Creek	Treated Domestic
Kansas Permit No. M-MC29-OO01 Federal Permit No. KS0022675
Legal Description: NE¼, SW¼ & NW¼, SE¼ all in Section 36, Township 16S, Range 14E Osage County, Kansas
Location: 38.61391, -95.81180
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control 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 total detention time at design flow is 130 days. The permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring for pH, E. coli, and Lead. 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 March 4, 2024 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 11.7 mg/L for this facility.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Melvern, City of PO Box 116 Melvern, KS 66510	Marais des Cygnes River via Frog Creek via Unnamed Tributary	Treated Domestic
Kansas Permit No. M-MC23-OO01 Federal Permit No. KS0046027
Legal Description: SE¼, SE¼, SW¼, Section 3, Township 18S, Range 16E, Osage County, Kansas
Location: 38.50802, -95.63033
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control 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 permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring for pH, and E. coli. 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 14, 2024 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 3.9 mg/L for this facility. However, due to anti-backsliding, the previous permit ammonia limit of 3.6 will be applied.

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 25, 2024, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-24-101/107, KS-Q-24-053/065) 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, 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 Jada Martin 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 Jamie Packard, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-4148 or email at Jamie.Packard@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. 052078