Volume 41 - Issue 51 - December 22, 2022

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-22-323/326

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
J-Six Enterprises, LLC - Heideman Site 1836 160th Rd. Sabetha, KS 66534	NW/4 of Section 25 T02S, R13E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-S070
The proposed action is to modify and reissue an existing state permit for an existing facility for 2,400 head (960 animal units) of swine more than 55 pounds. There will be no change in the operation or permitted number of animal units from the previous permit. Plans previously approved to add an additional enclosed swine building to the south of the existing two swine buildings have been reapproved for this proposed permit. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Apple-A-Day Foods, Inc. Peter Strahm 1969 200th Rd. Sabetha, KS 66534	SE/4 of Section 30 T01S, R14E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-M030
The proposed action is to reissue an existing state permit for an existing facility for 135 head (189 animal units, AU) of mature dairy cattle, 140 head (140 AU) of cattle weighing more than 700 pounds, 100 head (50 AU) of cattle weighing 700 pounds or less, 100 head (40 AU) of swine weighing more than 55 pounds, and 100 head (10 AU) of swine weighing less than 55 pounds for a total animal capacity of 429 AU. 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
Bison Rush Genetics, LLC 3330 CR 310 Bison, KS 67520	SW/4 of Section 03 T16S, R17W Rush County	Smoky Hill River Basin
Kansas Permit No. A-SHRH-H001 Federal Permit No. KS0093360
The proposed action is to reissue an existing NPDES permit for an existing facility for 11,586 head (1,158.6 animal units) of swine weighing less than 55 pounds and 8,982 head (3,592.8 animal units) of swine weighing more than 55 pounds for a total of 20,568 head (4,751.4 animal units) of swine. There will be no change in the operation. The permitted maximum capacity will be reduced by 1,536 animal units of swine. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Shrauner Feedyard, LLC Scott Westrup 345 Ave. M Protection, KS 67127	N/2 of Section 33 T32S, R20W Comanche County	Cimarron River Basin
Kansas Permit No. A-CICM-C001 Federal Permit No. KS0100455
The proposed action is to reissue an existing NPDES permit for an existing facility for 2,000 head (2,000 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 Nutrient Management Plan on file with KDHE.

Public Notice No. KS-Q-22-120/121

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
City of LaCrosse WTP PO Box 339 LaCrosse, KS 67548	Upper Arkansas River via Sand Creek	Processed Wastewater
Kansas Permit No. I-UA23-OO02 Federal Permit No. KS200006
Legal Description: NW¼, Section 3, Township 18S, Range 18E of Rush County, KS
Facility Location: Latitude: 38.52267, Longitude: -99.30894
The proposed action is to issue a new State/NPDES permit for an existing facility. This is an existing, lime/soda ash water treatment plant with a capacity to treat 0.2 MGD that treats well water. Waste streams generated from this facility consists of wastes from the lime softening process (4,753 gpd) and filter back wash (1,072 gpd). On-line monitoring wastewater, domestic wastes and wastewater from miscellaneous floor drains (10 gpd) are directed to a septic tank and lateral field. Wastes from the filter back wash are directed to a one of the three cell lagoons for treatment, before discharging to Sandy Creek. The proposed permit contains limits for total residual chlorine, total suspended solids, and pH; as well as monitoring for sulfate and flow. In compliance with Kansas and federal law, KDHE has approved an antidegradation review for this existing facility’s new proposed permit 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.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Public Wholesale Water Supply District 19 117 W. Maple Columbus, KS 66726	Neosho River via unnamed tributary	Processed Wastewater
Kansas Permit No. I-NE15-OO02 Federal Permit No. KS0100285
Legal Description: SE¼, Section 33, Township 33S, Range 25E of Cherokee County, KS
Facility Location: Latitude: 37.13310, Longitude: -94.66960
The proposed action is to reissue an existing State/NPDES permit for an existing facility. Raw water from the Spring River is routed to a rapid mix tank where chlorine dioxide, liquid alum, sodium bicarbonate, polymer and powdered activated carbon are added. The treated water is routed to two solids contact units where the solids are removed and sent to a two-cell lagoon system, operated in parallel. Chlorine, chlorine dioxide and sodium hydroxide are added to the treated water prior to filtration. Additional chlorine and ammonium sulfate are added to the filtered water prior to storage in the Clearwell. Filter-to-waste and filter backwash water are routed to the solids handling lagoon system. Domestic wastewater is treated in a separate single cell non-discharging lagoon. The estimated process water influent flow to the solids handling lagoon system is 100,000 gpd. This NPDES permit covers the discharge of the overflow from the two-cell wastewater lagoon facility and the domestic wastewater treatment lagoon. The proposed permit contains limits for total residual chlorine, total suspended solids, and pH; as well as monitoring for flow.

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 January 21, 2023 will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-22-323/326, KS-Q-22-120/121) 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 Paige Drury, 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 Mirina Landry 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 Neal Niceswanger, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-6804 or email at Neal.Niceswanger@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

Doc. No. 050757