Publications iconKansas Register

Volume 40 - Issue 33 - August 19, 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-21-262/267

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
Schwartz Wilke Farms, LLP
Flint Hills Pork
1374 S. 2800 Rd.
Herrington, KS 676449
S/2, SE/4 of Section
T16S, R05E
Morris County
Kansas River Basin
Kansas Permit No. A-KSMR-H001
Federal Permit No. KS0089745
The proposed action is to modify and reissue an existing State/NPDES permit for an expanding facility with a proposed maximum capacity of 13,764 head (5,505.6 animal units) of swine more than 55 pounds and 23,140 head (2,314 animal units) of swine 55 pounds or less, for a total of 7,819.6 animal units. This represents an increase in the permitted animal units from 3,472 animal units in the previous permit. This permit is being modified to include the removal of 8 existing enclosed buildings and the construction of 3 new larger enclosed swine buildings (Breeding/Gestation, Gilt Developer Unit (GDU), and Farrowing), a new office building is also planned. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
Steinlage Farms, LLC
Robert Steinlage
532 K-62 Hwy.
Goff, KS 66428
NE/4 & SW/4 of Section 10
T05S, R13E
Nemaha County
Kansas River Basin
Kansas Permit No. A-KSNM-M005
The proposed action is to reissue an existing state permit for an existing facility for 120 head (168 animal units) of mature dairy cattle, 55 head (55 animal units) of dairy heifers weighing greater than 700 pounds for a total of 220 head (245.5 animal units) of dairy 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
Carl M. Roberts
296 N. Mustang Rd.
Dighton, KS 67839
NW/4 of Section 3
T16S, R28W
Lane County
Smoky Hill River Basin
Kansas Permit No. A-SHLE-B001
The proposed action is to reissue an existing state permit for an existing facility for 950 head (475 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 Waste Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
Bevin Law
287 Frontier Rd.
Longford, KS 67458
NW/4 of Section 25
T10S, R01E
Clay County
Smoky Hill River Basin
Kansas Permit No. A-SHCY-S005
The proposed action is to reissue an existing state permit for an existing facility for 20 head (8 animal units) of swine more than 55 pounds and 700 head (70 animal units) of swine 55 pounds or less; for a total of 78 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.
Name and Address
of Applicant
Legal Description Receiving Water
Davis Family Livestock, LLC
1194 Road 250
Lakin, KS 67860
N/2 of Section 2
T23S, R27W
Kearny County
Upper Arkansas River Basin
Kansas Permit No. A-UAKE-H001
Federal Permit No. KS0094943
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 16,200 head (40,000 animal units) of swine weighing greater than 55 pounds. The facility’s NMP was updated to include a change in the application rate limitation for their fields. The five of the field’s application rate limitation became less restrictive than the previous permit. 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
Henry’s LTD
Roy Henry
822 6th Rd.
Longford, KS 67458
NW/4 of Section 8
SE/4 of Section 5
T10S, R02E
Clay County
Smoky Hill River Basin
Kansas Permit No. A-SHCY-H001
Federal Permit No. KS0017401
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 13,836 head (5,534.4 animal units) of swine weighing greater than 55 pounds and 8,596 head (859.6 animal units) of swine weighing 55 pounds or less; for a total of 22,432 head (6,394 animal units) of swine. The facility’s NMP was updated to include a change in the application rate limitation for their fields. Fields 5-10-2 JM, 8-10-2-B, 8-10-2C and 8-10-2 E have application rate limitations that are less restrictive than the previous permit. 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-21-069/078

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
Bonner Springs, City of
PO Box 38
Bonner Springs, KS 66012
Kansas River Treated Domestic Wastewater
Kansas Permit No. M-KS06-OO02
Federal Permit No. KS0082881
Legal Description: SE¼, NW¼, SE¼, S28, T11S, R23E, Wyandotte County, Kansas
Facility Location: 12021 Kaw Dr., Bonne Springs, KS 66012
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is an extended aeration activated sludge plant consisting of two oxidation ditches, two final clarifiers, gravity sludge thickening and a belt filter dewatering press and UV disinfection of effluent. The proposed permit includes a schedule of compliance stating that through a contract with KDHE, the facility has been referred to receive operational training for nutrient removal in order to meet effluent and monitoring requirements. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, ammonia, E. coli, whole effluent toxicity, priority pollutants, and pH, as well as monitoring for total phosphorus, total Kjeldahl nitrogen, nitrate + nitrite, total nitrogen and flow.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Carbondale, City of
234 Main St.
Carbondale, KS 66414
Wakarusa River via
Camp Creek via
Stowbridge Creek via
Unnamed Tributary
Process Wastewater
Kansas Permit No. I-KS07-PO03
Federal Permit No. KS0098574
Legal Description: NE¼, NE¼, SW¼, S21, T14S, R16E, Osage County, Kansas
Facility Name: Carbondale Water Treatment Plant
Facility Address: 2017 E. 137th St., Carbondale, KS 66414
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a potable water treatment plant treating surface water. The plant consists of two clarifiers, four filters, one chlorine contact basin, two clearwells, numerous pumps and chemical storage tanks and a two cell parallel operated wastewater treatment lagoon system. The proposed permit contains limits for total suspended solids and pH, as well as monitoring for total residual chlorine.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Eagle Creek Stone, LLC
1201 Graphic Arts Rd.
Emporia, KS 66801
Neosho River via
Eagle Creek via
Four Mile Creek via
Unnamed Tributary
Process Wastewater
Kansas Permit No. I-NE33-PO03
Federal Permit No. KS0101982
Legal Description: SW¼, S34, T20S, R13E, Lyon County, Kansas
Facility Name: North Rock Quarry
The proposed action is to issue a new State/NPDES permit for a new facility. This facility is a limestone quarrying operation with some washing. Outfall 001A1 consists of storm-water runoff. Outfall 002A1 consists of storm-water runoff and treated wash-water, if the sedimentations ponds discharge. Outfall 003A1 consists of storm-water runoff and pit water. 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. The proposed permit contains limits for total suspended solids.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Donges Properties, LLC
2873 SE US-54 Hwy.
El Dorado, KS 67042
Walnut River via
Unnamed Tributary
Treated Domestic Wastewater
Kansas Permit No. C-WA09-OO03
Federal Permit No. KS0092525
Legal Description: SE¼, SW¼, SW¼, S22, T26S, R5E, Butler County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a two-cell wastewater stabilization lagoon system with a lift station. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, and E. coli, as well as monitoring for ammonia, total phosphorus, and selenium.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Howard, City of
PO Box 335
Howard, KS 66739
Elk River via
Paw Paw Creek
Treated Domestic Wastewater
Kansas Permit No. M-VE22-OO02
Federal Permit No. KS0081116
Legal Description: NE¼, SE¼, SE¼, S36, T29S, R10E, Elk County, Kansas
Facility Name: Leavenworth County Sewer District #1 – Ginger Creek
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, pH, and ammonia, as well as monitoring for E. coli, and lead.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Kansas Dept. of Transportation
700 SW Harrison St.
Topeka, KS 66603-3754
Drum Creek via
Unnamed Tributary
Treated Domestic Wastewater
Kansas Permit No. M-VE07-OO03
Federal Permit No. KS0095249
Legal Description: SE¼, NW¼, NE¼, S15, T31S, R17E, Montgomery County, Kansas
Facility Name: Montgomery County Rest Area Wastewater Stabilization Lagoon System
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 and E. coli.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Kansas Dept. of Wildlife and Parks
512 SE 25th Ave.
Pratt, KS 67124-8174
Verdigris River via
Carlisle Branch
Treated Domestic Wastewater
Kansas Permit No. M-VE36-OO03
Federal Permit No. KS0089788
Legal Description: SW¼, NE¼, SW¼, S36, T26S, R13E, Woodson County, Kansas
Facility Name: KDW&P – Cross Timbers State Park – Honor Camp WWTF
Facility Location: 172 K-105 Hwy., Toronto, KS 66777
The proposed action is to reissue an existing State/NPDS 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 ammonia and E. coli.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Larry Thomas
181 E. 125th St., Lot #5
Carbondale, KS 66414
Kansas River via
Wakarusa River via
Burys Creek
Treated Domestic Wastewater
Kansas Permit No. C-KS07-OO02
Federal Permit No. KS0094579
Legal Description: NE¼, NW¼, NW¼, S18, T14S, R16E, Osage County, Kansas
Facility Name: Mineral Springs Park
Facility Location: 181 E. 25th St., Carbondale, KS 66414
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, pH and E. coli, as well as monitoring for ammonia.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Otis, City of
PO Box 326
Otis, KS 67565
Walnut Creek via
Boot Creek
Treated Domestic Wastewater
Kansas Permit No. M-UA31-OO01
Federal Permit No. KS0091758
Legal Description: SE¼, NE¼, NW¼, S36, T17S, R16W, Rush 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 with a lift station. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, and pH, as well as monitoring for ammonia, E. coli, arsenic, total phosphorus, and selenium.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Valley Falls, City of
417 Broadway St.
Valley Falls, KS 66088-0012
Delaware River into
Lake Perry
Treated Domestic Wastewater
Kansas Permit No. M-KS73-OO01
Federal Permit No. KS0022543
Legal Description: NE¼, SE¼, SW¼, S19, T8S, R18E, Jefferson 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 1/20/2021 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 6.0 mg/L for this facility.  The EED was completed on 2/4/2021. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, and ammonia, as well as monitoring for E. coli, total phosphorus, total Kjeldahl nitrogen, nitrate + nitrite, and total nitrogen.

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 September 18, 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-21-262/267, KS-Q-21-069/078) 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. 049360