Publications iconKansas Register

Volume 40 - Issue 35 - September 2, 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-21-277/280

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
KSU Animal Science and Industry
Kansas Artificial Breeding Service Unit (KABSU)
232 Weber Hall
Manhattan, KS 66506
NW/4 of Section 31
T09S, R08E
Riley County
Big Blue River Basin
Kansas Permit No. A-BBRL-B004
The proposed action is to reissue an existing state permit for an existing facility for 44 head (44 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
Mather Cattle Co.
Jim Mather
2420 US-83 Hwy.
Oakley, KS 67748
NW/4 of Section 2
T12S, R32W
Logan County
Smoky Hill River Basin
Kansas Permit No. A-SHLG-B001
The proposed action is to reissue an existing state permit for an existing facility for 600 head (600 animal units) of beef 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
Brookover Feed Yard
3013 N. US-83 Hwy.
Garden City, KS 67846
All of Section 1
T24S, R33W
SE/4 of Section 32
SW/4 of Section 33
SW/4 of Section 34
T23S, R33W
Finney County
Upper Arkansas River Basin
Kansas Permit No. A-UAFI-C013
Federal Permit No. KS0115011
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 40,000 head (40,000 animal units) of cattle more than 700 pounds. The facility’s NMP was updated to include the addition of land application field CP1-5 and updated application rate limitations. The updated rate limitations for three fields allow application at a less restrictive rate than the previous year. 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
Nelson Poultry Farms – Prairie View
1845 17th Rd.
Clay Center, KS 67432
NW/4 of Section 13
T08S, R03E
Clay County
Lower Republican River Basin
Kansas Permit No. A-LRCY-P001
Federal Permit No. KS0080489
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 79,000 head (963.8 animal units) of laying hens. The facility’s NMP was updated to include the addition of a land application field CK-HM. 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-21-079/083

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., Bonner 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 for the facility to receive operational training for nutrient removal, and to implement operational changes as recommended by technical assistance providers to the final total phosphorus annual average load limits imposed through the special conditions. 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 Kjeldahl nitrogen, nitrate + nitrite, total nitrogen, total phosphorus, and flow.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Dearing, City of
PO Box 231
Dearing, KS 67340
Onion Creek Treated Domestic Wastewater
Kansas Permit No. M-VE11-OO01
Federal Permit No. KS0048062
Legal Description: SE¼, SE¼, NW¼, S25, T34S, R15E, Montgomery 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. 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 1/6/2021 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 5.4 mg/L for this facility.  The EED was completed on 1/28/2021. 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
Gardner, City of
120 E. Main
Gardner, KS 66030
Kill Creek Treated Domestic Wastewater
Kansas Permit No. M-KS20-OO01
Federal Permit No. KS0095605
Legal Description: NE¼, NW¼, S15, T14S, R22E, Johnson County, Kansas
Facility Name: Gardner (Kill Creek) Wastewater Treatment Facility
Facility Location: 32101 W. 159th St., Gardner, KS 66030
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a mechanical treatment plant consisting of a lift station, two step screens, grit removal, activated sludge process, final clarification, UV disinfection, cascade re-aeration, aerobic sludge storage, and a belt press. The proposed permit includes a schedule of compliance for the facility to implement operational changes to help receive training for nutrient removal and to be able to reduce the effluent below final limits. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, ammonia nitrogen, E. coli, and pH, as well as monitoring for dissolved oxygen, total phosphorus, total Kjeldahl nitrogen, nitrate + nitrite, total nitrogen, mercury and flow.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Monahan Abandoned
Mine Land Acid
Mine Drainage (AMD)
Passive Treatment System
4033 Parkview Drive
Frontenac, KS 66763
Bush Creek via
Unnamed Tributary
Process Wastewater
Kansas Permit No. I-NE12-PO04
Federal Permit No. KS0101931
Legal Description: NE¼, S17, T31S, R24E, Crawford County, Kansas
Facility Name: Monahan Abandoned Mine Land AMD Passive Treatment System
Facility Location: 510th Ave. between 160th St. and 170th St., Cherokee, KS 66724
The proposed action is to issue a new State/NPDES permit for a new facility. This is an Acid Mine Drainage (AMD) passive treatment system that neutralizes AMD and removes metals by chemical and microbial environment. Surface flow and French drain AMD and dilution water is conveyed in collection ditches and oxidation ponds designed to remove iron by low-pH biologic aided oxidation. Stored AMD is fed into a Vertical Flow Pond (VFP). Alkalinity is added in the VFP and pH adjusted by limestone in the follow-up ponds; aluminum is retained in the VFP and is occasionally flushed out; additional iron and some manganese are removed by follow-up wetlands; the wetlands discharge to an unnamed east flowing stream. The proposed permit contains limits for pH and monitoring for flow, total suspended solids, iron, manganese, aluminum, sulfate, and phosphorus.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Neodesha, City of
PO Box 336
Neodesha, KS 66757
Verdigris River Treated Domestic Wastewater
Kansas Permit No. M-VE29-OO01
Federal Permit No. KS0025658
Legal Description: NW¼, SW¼, NW¼, S28, T30S, R16E, Wilson 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 6/30/2021 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 5.6 mg/L for this facility.  The EED was completed on 7/22/2021. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, and ammonia, as well as monitoring for E. coli.

Public Notice No. KS-EG-21-007

In accordance with K.A.R. 28-46-7 and the authority vested with the State by the administrator of the U.S. Environmental Protection Agency, draft permits have been prepared for the use of the well(s) described below within the State of Kansas.

Name and Address of Applicant
City of Lakin
121 N. Main
Lakin, KS 67870
Permit No. KS-05-093-002
Legal Description: Lakin #1: SE¼, S16, T24S, R36W, Kearny County, Kansas
Well Number Location
Lakin #1 Latitude: 37.959995” Longitude: -101.268698”
Facility Description: The proposed action is to reissue an existing Class V Injection Well permit for the well listed above. The fluids to be injected are non-hazardous liquid waste generated by the city’s drinking water treatment facility, consisting of drinking water treatment residuals from nanofiltration. Disposal will be by means of gravity flow; wellhead pressure will not be allowed. Injection is made into the Arbuckle group open hole from a depth of 6,016 feet to 6,476 feet. The maximum rate of injection will be 200,000 gallons per day. The Arbuckle group consists of Upper Cambrian and Lower Ordovician deposits. This formation is comprised of a group of dolomites in western Kansas. In south central Kearny County, the Arbuckle is approximately 550 feet in thickness and the top of the sequence is encountered at a depth of approximately 5,800 feet. All construction, monitoring, and operation of this well has met the requirements that apply to Class V Injection wells under the Kansas UIC Regulations, K.A.R. 28-46-1 through 28-46-42 and K.A.R. 28-30-1 through K.A.R. 28-30-10 and other requirements of KDHE.

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 2, 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-21-277/280, KS-Q-21-079/083, KS-EG-21-007) 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 Stuart Klaus, 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. 049401