Publications iconKansas Register

Volume 40 - Issue 20 - May 20, 2021

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-21-184/186

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
Errebo Farms, Inc.
789 E. Rye Dr.
Sylvan Grove, KS 67481
NE/4 of Section 7
T11S, R09W
Lincoln County
Saline River Basin
Kansas Permit No. A-SALC-M003
The proposed action is to reissue an existing state permit for an existing facility for 70 head (70 animal units) of cattle more than 700 pounds and 70 head (35 animal units) of cattle 700 pounds or less; for a total of 105 animal units of cattle. There will be no change in the operation or permitted number of animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Rio Vista Farms, LLC
9801 W. US-50 Hwy.
PO Box 20
Coolidge, KS 67836
SE/4 of Section 20
W/2 of Section 21
T23S, R42W
Hamilton County
Upper Arkansas River Basin
Kansas Permit No. A-UAHM-D001
Federal Permit No. KS0093343
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 6,850 head (9,590 animal units) of mature dairy cows and 2,800 head (2,800 animal units) of cattle weighing more than 700 pounds; for a total of 12,390 animal units of cattle. The facility’s NMP was updated to include a change in the application rate limitation for five fields. The fields’ application rate limitations for 24-3 cropland, 24-3 pasture, 23-1, 24-4 cropland and 25-1 cropland 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
Turon Feed Yard
16510 S. Sylvia Rd.
Turon, KS 67583
SW/4 of Section 15
W/2 of Section 22
T25S, R10W
Reno County
Lower Arkansas River Basin
Kansas Permit No. A-ARRN-C001
Federal Permit No. KS0085804
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 more than 700 pounds. The facility’s NMP was updated to include changes in the application rate limitations. The application rate limitations for 1NW and 21 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.

Public Notice No. KS-Q-21-037/044

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
Altoona, City of
PO Box 147
Altoona, KS 66710
Verdigris River via
Big Cedar Creek
Treated Domestic Wastewater
Kansas Permit No. M-VE01-OO01
Federal Permit No. KS0027511
Legal Description: NW¼, SE¼, NW¼, S21, T29S, R16E. Wilson County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a two-cell wastewater stabilization lagoon system. 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 10/5/2020 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 6.4 mg/L for this facility.  The EED was completed on 9/24/2020. The proposed permit has limits for biochemical oxygen demand, total suspended solids, pH, and ammonia, as well as monitoring for ammonia.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Bayer Construction Company, Inc.
PO Box 889
Manhattan, KS 66505
Big Blue River via
Tuttle Creek Reservoir via
Mill Creek via
Unnamed Tributary
Process Wastewater
Kansas Permit No. I-BB19-PO04
Federal Permit No. KS0098078
Legal Description: SE¼, S3, T9S, R6E, Riley County, Kansas
Facility Name: Stevens Quarry
The proposed permit is to reissue an existing State/NPDES permit to an existing facility. This is a limestone quarrying and crushing operation with no rock washing. Outfalls 001A1 and 002A1 consist of pit water and stormwater runoff. The proposed permit contains generic language to protect the waters of the state.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Cherryvale, City of
123 W. Main St.
Cherryvale, KS 67335
Verdigris River via
Drum Creek
Treated Domestic Wastewater
Kansas Permit No. M-VE07-OO02
Federal Permit No. KS0094803
Legal Description: SW¼, SE¼, NE¼, S7, T32S, R17E, Montgomery County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a three-cell wastewater stabilization lagoon system. 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 8/24/2020 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 4.4 mg/L for this facility.  The EED was completed on 8/7/2020. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, and ammonia, as well as monitoring for E. coli.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Chisholm Creek Utility Authority
5551 N. Broadway
Park City, KS 67219
Chisholm Creek Treated Domestic Wastewater
Kansas Permit No. M-LA19-OO02
Federal Permit No. KS0089176
Legal Description: E½, SE¼, SE¼, S17, T26S, R1E, Sedgwick County, Kansas
The proposed action is to issue a modified State/NPDES permit for an existing facility. This facility is a mechanical Sequencing Batch Reactor (SBR) treatment plant consisting of two mechanical screen units, emergency bar screen, Eutek grit removal system, three-unit sequencing batch reactors, SBR effluent equalization basin, three multi-unit UV disinfection, one primary and two secondary aerobic sludge digesters, belt filter press, plant reuse water system, covered sludge storage, and cascade reaeration. The proposed facility upgrades will consist of the construction of three larger SBR basins equal to the size of the existing larger SBR basin #3 and converting the two existing SBR smaller basins into primary digesters with surface aerators and converting the existing primary digester into a second post equalization basin. Additional improvements include converting two existing secondary digesters to lime thickeners and the addition of a chemical feed system for phosphorus removal. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, ammonia, whole effluent toxicity, priority pollutants, and E. coli, as well as monitoring for total phosphorus, nitrate + nitrite, total Kjeldahl nitrogen, total nitrogen, mercury and flow.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Inman, City of
PO Box 177
Inman, KS 67546
Blaze Fork Creek Treated Domestic Wastewater
Kansas Permit No. M-LA08-OO01
Federal Permit No. KS0080292
Legal Description: SE¼, SW¼, NE¼, S9, T21S, R4W, McPherson County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a four-cell wastewater stabilization lagoon system. 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 9/9/2020 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 5.7 mg/L for this facility.  The EED was completed on 9/21/2020. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, ammonia, and E. coli, as well as monitoring for chlorides, selenium, arsenic, and total phosphorus.
Name and Address
of Applicant
Receiving Stream Type of Discharge
LaCrosse, City of
PO Box 339
LaCrosse, KS 67548
Sand Creek via
Unnamed Tributary
Treated Domestic Wastewater
Kansas Permit No. M-UA23-OO02
Federal Permit No. KS0100081
Legal Description: NW¼, SE¼, SW¼, S35, T17S, R18W, Rush County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility consists of a submersible raw sewage pump station with an ozone injection system (unused) and a three-cell wastewater stabilization lagoon system. 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 8/11/2020 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 3.1 mg/L for this facility.  The EED was completed on 8/26/2020. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, and ammonia, as well as monitoring for E. coli, total phosphorus, arsenic, selenium and flow.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Montgomery County Commissioners
PO Box 446
Independence, KS 67301
Little Caney River via
Bee Creek via
Cotton Creek via
Unnamed Tributary
Treated Domestic Wastewater
Kansas Permit No. M-VE21-OO02
Federal Permit No. KS0086207
Legal Description: SE¼, NE¼, SW¼, S18, T34S, R14E, Montgomery County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a three-cell wastewater stabilization lagoon system. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, and pH, as well as monitoring for ammonia, E. coli, and nitrate + nitrite.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Tribune, City of
PO Box 577
Tribune, KS 67879
White Woman Creek Treated Domestic Wastewater
Kansas Permit No. M-UA41-OO01
Federal Permit No. KS0085642
Legal Description: NW¼, SE¼, NW¼, S21, T18S, R40W, Greeley County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a three-cell wastewater stabilization lagoon system. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, chlorine residual, and E. coli, as well as monitoring for ammonia.

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 June 19, 2021, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-21-184/186, KS-Q-21-037/044) 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 Matthew Steele Ph.D., P.E., 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 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 Rachel Hammond, BEFS, Livestock Waste Management Section 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 Christopher Zwiener, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-3056 or email at Christopher.Zwiener@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.kdheks.gov/feedlots. Division of Environment offices are open from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.

Lee A. Norman, M.D.
Secretary

Doc. No. 049154