Publications iconKansas Register

Volume 40 - Issue 28 - July 15, 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-21-227

Application for New or Expansion of Existing Swine Facilities

Name and Address
of Applicant
Owner of Property Where
Facility Will Be Located
Flint Hills Pork
1374 2800 Rd.
Herington, KS 67449
Schwartz Farms Inc.
Tim Schwartz
32296 190th St. SE
Sleepy Eye, MN 56085
Legal Description Receiving Water
Section 3
T16S, R05E
Morris County
Kansas River Basin
Kansas Permit No. A-KSMR-H001
Federal Permit No. KS0089745
This is notification KDHE has received a complete permit application for the operation of a swine waste management facility. The proposed action is to modify with expansion and reissue an existing State/NPDES permit for an expanding facility with a total of 25,224 head (7,819.6 animal units) of swine. This permit is being modified to both change ownership and expand the current facility. The complete application can be viewed at the office of the Morris County Clerk, the KDHE North Central District Office in Salina, Kansas or the KDHE Main Office in Topeka, KS. A permit to operate the proposed swine waste management system will not be issued without additional public notice.

Public Notice No. KS-AG-21-228/233

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
J-Six Enterprises, LLC – Shamar Site
Jennifer A. Gerety
604 Nemaha St., PO Box 170
Seneca, KS 66538
SW/4 of Section 33
T05S, R13E
Nemaha County
Kansas River Basin
Kansas Permit No. A-KSNM-S041
The proposed action is to reissue an existing state permit for an existing facility for 2,490 head (996 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 Waste Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
Helendale Ranch
2043 US-40 Hwy.
Oakley, KS 67748
N/2 of Section 12
T11S, R31W
Gove County
Smoky Hill River Basin
Kansas Permit No. A-SHGO-B015
The proposed action is to reissue an existing state permit for an existing facility for 200 head (200 animal units) of cattle weighing greater than 700 pounds, and 780 head (390 animal units) of cattle weighing less than 700 pounds, for a total of 980 head (590 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
Bryce Schwartz & Sons, LLC
Schwartz Feeders
PO Box 9
Dighton, KS 67839
SE/4 of Section 18
T18S, R29W
Lane County
Upper Arkansas River Basin
Kansas Permit No. A-UALE-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
Kim Koop
1938 Falcon
Hillsboro, KS 67063
SW/4 of Section 31
T19S, R02E
Marion County
Neosho River Basin
Kansas Permit No. A-NEMN-B005
The proposed action is to reissue an existing state permit for an existing facility for 250 head (250 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
Roger E. Lambert
103 N. Pine St.
Mahaska, KS 66955
SE/4 of Section 6
T01S, R01E
Washington County
Lower Republican River Basin
Kansas Permit No. A-LRWS-K001
The proposed action is to reissue an existing state permit for an existing facility for 900 head (6.3 animal units) of puppies. 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
Messner Showpig
Darrel Messner
611 E. 5th
Caney, KS 67333
SW/4 of Section 31
T34S, R14E
Montgomery County
Verdigris River Basin
Kansas Permit No. A-VEMG-S023
The proposed action is to reissue an existing state permit for an existing facility for 210 head (84 animal units) of swine more than 55 pounds and 240 head (24 animal units) of swine 55 pounds or less, for a total of 108 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.

Public Notice No. KS-Q-21-055/057

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
Drisco, LLC
7001 River Ridge Dr.
Ponca City, OK 74604
West Branch of the
Whitewater River via
Unnamed Tributary
Process Wastewater
Kansas Permit No. I-WA04-PO02
Federal Permit No. KS0092959
Legal Description: NW¼ of SE¼, S9, T26S, R3E, Butler County, Kansas
Facility Name: Benton Coke Storage Facility
Facility Address: 1250 N. Main, Benton, KS 67017
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility crushes, sizes and stores coke, a non-hazardous carbon material, in a 200 foot x 300 foot diked area. The storage area drains to a weir, to the northeast. There is a weir that will cause the stormwater to backup into a retention area, allowing the suspended coke fines to settle. The water passes over the weir into a retention pond that has a pipe four feet from the bottom that flows to a final holding pond. This facility rarely discharges. The proposed permit contains generic language to protect the waters of the state.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Independent Salt Company
PO Box 36
Kanopolis, KS 67454
Smoky Hill River via
Unnamed Tributary via
Pipeline
Process Wastewater
Kansas Permit No. I-SH19-PO07
Federal Permit No. KS0096857
Legal Description: NW¼, S29, T15S, R7W, Ellsworth County, Kansas
Facility Address: 1126 20th Rd., Kanopolis, KS 67454
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is engaged in the mechanical mining of underground salt, used for highway de-icing. Groundwater seepage from the mine shafts (#1 and #2), is collected in an underground tank and pumped into a surface storage tank at the rate of about 5 gpm (7,200 gallons per day). The facility has a backup reverse osmosis (RO) system to treat wastewater, if needed, to meet the permit limitations. The proposed permit contains monitoring for flow, chloride, sulfate and selenium.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Sunflower Electric
301 W. 13th St.
Hays, KS 67601-0980
Arkansas River Process Wastewater
Kansas Permit No. I-UA11-PO02
Federal Permit No. KS0079995
Legal Description: NE¼, S4, T27S, R24W, Ford County, Kansas
Facility Name: Fort Dodge Station
Facility Address: 11453 Fort Dodge Rd., Dodge City, KS 67801
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a natural gas-fired, steam electric generating station used for peaking power generation. Discharge includes cooling tower blowdown, side stream filter backwash, decarbonator overflow, auxiliary cooling system drain, boiler blowdown, boiler water make-up (polishing) reverse osmosis reject, demineralizer regenerate, periodic reverse osmosis clean-in-place flows, floor drains, and stormwater runoff. Sulfuric acid and sodium hydroxide are used for pH adjustment and demineralizer regeneration. The proposed permit contains limits for total residual oxidant, sulfate, pH, and priority pollutants, as well as monitoring for flow, temperature, nitrate + nitrite, fluoride, total recoverable metals, total Kjeldahl nitrogen, total nitrogen, and total phosphorus.

Public Notice No. KS-EG-21-005

Pursuant to the provisions of Kansas Statutes Annotated 55-1, 117 through 55-1, 119 and K.A.R. 28-45 and the administrator of the U.S. Environmental Protection Agency, a draft permit has been prepared for this facility to operate a brine pond in accordance with the proposed construction, operation, monitoring and reporting requirements as set forth herein.

Name and Address of Applicant
Mid-Continent Fractionation and Storage, LLC
One Williams Center
PO Box 645
Tulsa, OK 74172
Permit No. KS-BP-004-006
Legal Description: S29, T19S, R4W, McPherson County, Kansas
Facility Name: Conway Underground East
Facility Address: 1299 8th Ave., McPherson, KS 67460
Brine Pond Identification Location
Brine Pond F Latitude N: 38.36785”
Longitude W: -97.79285”
The proposed action is to issue a new brine pond permit to the facility listed above. Brine Pond F is associated with the operation and maintenance of underground storage caverns developed in the Hutchinson Salt Member of the Wellington Formation for the storage of hydrocarbons. The total proposed surface area of the brine pond is approximately 22.21 acres with a storage capacity of approximately 2 million barrels. Brine Pond F is designed and constructed to act solely as a brine transfer pond. Brine transferred to Brine Pond F shall be first processed through existing degassifier systems currently in operation at the Conway Underground East and Conway West facilities. Brine shall never be directly transferred from a storage cavern to Brine Pond F. All construction, monitoring, reporting, and operation of this brine pond will meet the requirements that apply to brine ponds associated with an underground hydrocarbon storage facility as outlined in K.A.R. 28-45-22 through K.A.R. 28-45-30.

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 14, 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-21-227/233, KS-Q-21-055/057, KS-EG-21-005) 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. 049283