Volume 44 - Issue 22- May 29, 2025

State of Kansas

Department of Health and Environment

Notice of Proposed 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.

Las acciones propuestas con respecto a los documentos preliminares se basan en la revisión del personal, aplicando los estándares, regulaciones y limitaciones de efluentes apropiados del estado de Kansas y de la Agencia de Protección Ambiental de Estados Unidos. La acción final resultará en la emisión de una Autorización Federal del Sistema Nacional de Eliminación de Descargas de Contaminantes y un permiso de Control de Contaminación del Agua de Kansas, sujeto a ciertas condiciones, revocación y reemisión del permiso designado o terminación del permiso designado. Si desea obtener más información en español o tiene otras preguntas, por favor, comuníquese con el Coordinador de No Discriminación al 785-296-5156 o en: KDHE.NonDiscrimination@ks.gov.

Public Notice No. KS-AG-25-142/153

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Broyles Brothers Terry Broyles 2801 Botkin Rd. Blue Mound, KS 66010	NE/4 of Section 12 & SE/4 of Section 01 T23S, R21E Linn County	Marais des Cygnes River Basin
Kansas Permit No. A-MCLN-S022
The proposed action is to reissue an existing state permit for an existing facility for 2,050 head (820 animal units) of swine weighing greater than 55 pounds and 1,680 head (168 animal units) of swine weighing 55 pounds or less for a total of 988 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
Circle 4 Feeders Monty Dahl 250 Diamond Rd. Republic, KS 66964	SW/4 of Section 17 T01S, R05W Republic County	Lower Republican River Basin
Kansas Permit No. A-LRRP-C002 Federal Permit No. KS0097969
The proposed action is to reissue an existing NPDES permit for an existing facility for 3,000 head (3,000 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Dry Creek Grain, LLC Judy Rushton County Road B and County Road 24 Tribune, KS 67879	SW/4 of Section 02 T16S, R39W Greeley County	Smoky Hill River Basin
Kansas Permit No. A-SHGL-C004 Federal Permit No. KS0096750
The proposed action is to reissue an existing NPDES permit for an existing facility for 3,000 head (3,000 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.
Name and Address of Applicant	Legal Description	Receiving Water
Ed Wait 15160 SW 10th Benton, KS 67017	SE/4 of Section 05 T26S, R03E Butler County	Walnut River Basin
Kansas Permit No. A-WABU-S041
The proposed action is to reissue an existing state permit for an existing facility for 1,150 head (460 animal units) of swine weighing more than 55 pounds and 200 head (20 animal units) of swine weighing 55 pounds or less; for a total of 480 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
Holopirek Cattle Co. Jay Holopirek 1451 I Rd. Lewis, KS 67552	N/2 of Section 17 T24S, R18W Edwards County	Upper Arkansas River Basin
Kansas Permit No. A-UAED-C005 Federal Permit No. KS0098400
The proposed action is to reissue an existing NPDES permit for an existing facility for of 2,200 head (2,200 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.
Name and Address of Applicant	Legal Description	Receiving Water
Luke Busenitz 1371 NW Indianola Rd. Benton, KS 67017	SE/4 of Section 27 T25S, R03E Butler County	Walnut River Basin
Kansas Permit No. A-WABU-B009
The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 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
Michael T. Wilson 419 1000 Ave. Carlton, KS 67448	NE/4 of Section 21 & SW/4 of Section 15 T15S, R01E Dickinson County	Smoky Hill River Basin
Kansas Permit No. A-SHDK-S017
The proposed action is to modify and reissue an existing state permit for an existing facility for 560 head (560 animal units) of cattle more than 700 pounds, and 50 head (25 animal units) of cattle 700 pounds or less, for a total of 585 animal units. This is a reduction in 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
Paige Kasten Feeders Jerry Paige Jr. 2609 U Ave. Herington, KS 67449	NE/4 of Section 24 T16S, R05E Morris County	Neosho River Basin
Kansas Permit No. A-NEMR-B013
The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 animal units) of cattle 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
Ponca Cattle Company Eldon Dirks 6 Rd. Ingalls, KS 67853	W/2 of Section 12 T26S, R30W Gray County	Upper Arkansas River Basin
Kansas Permit No. A-UAGY-B001
The proposed action is to reissue an existing state permit for an existing facility for 800 head (400 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
Redden Brothers, LLC Carl Redden 9396 S. Kipp Rd. Gypsum, KS 67448	NW/4 of Section 16 & NE/4 of Section 17 T16S, R01W Saline County	Smoky Hill River Basin
Kansas Permit No. A-SHSA-B001
The proposed action is to reissue an existing state permit for an existing facility for 75 head (75 animal units) of cattle weighing more than 700 pounds and 70 head (35 animal units) of cattle weighing 700 pounds or less, for a total of 110 animal units. 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
Smoky Hills Pork Schwartz Wilke Farms, LLP 1713 N. 120th Rd. Minneapolis, KS 67467	SE/4 of Section 01 T10S, R04W Ottawa County	Solomon River Basin
Kansas Permit No. A-SOOT-H001 Federal Permit No. KS0300011
The proposed action is to issue a new NPDES permit for a facility for 14,976 head (5990.4 animal units) of swine weighing more than 55 pounds each and 30,583 head (3,058.3 animal units) of swine weighing less than 55 pounds; for a total of 45,559 head (9,048.7 animal units) of swine. The facility will consist of two (2) buildings and a waste management system consisting of three (3) wastewater retention structures. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Sunbelt Feed Yard Rick Sander 1551 Road U Hugoton, KS 67951	All of Section 24 T32S, R37W Stevens County	Cimarron River Basin
Kansas Permit No. A-CISV-C002 Federal Permit No. KS0116203
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 37,000 head (37,000 animal units) of cattle weighing greater than 700 pounds. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to describe modifications to existing pens along the west edge of the facility as well as to construct additional pens inside the existing facility footprint on the eastern edge.

Public Notice No. KS-AG-R-25-011

Per Kansas Statutes Annotated 65-171d, the following registration has been received for a proposed facility.

Name and Address of Registrant	Legal Description	County
Fink Beef Genetics Bull Development Galen Fink 15523 Tuttle Creek Blvd Randolph, KS 66554	E/2 of Section 24 T07S, R05E	Riley

Public Notice No. KS-Q-25-100/109

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
Westmoreland, City of PO Box 7 Westmoreland, KS 66549	East Fork Rock Creek	Treated Domestic
Permit No. M-KS75-OO01 Federal Permit No. KS0046485
Legal Description: SW¼, NE¼, SE¼, Section 4, Township 8S, Range 9E, Pottawatomie County
Location: 39.38195, -96.41163
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a three-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coli. The permit contains monitoring for pH.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Horton, City of PO Box 30 Horton, KS 66439	Delaware River via Grasshopper Creek	Treated Domestic
Permit No. M-KS24-OO01 Federal Permit No. KS0047465
Legal Description: E½, NW¼, NE¼, Section 5, Township 5S, Range 17E, Atchison County
Location: 39.65063, -95.53281
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of: influent pump station, mechanical bar screen, grit removal, Aero-Mod activated sludge extended air BNR treatment process, chemical feed system processing, UV disinfection, reed drying bed sludge processing, and extraneous flow basin. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, and Total Phosphorus. The permit contains monitoring for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, and Copper.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Douglass, City of PO Box 412 Douglass, KS 67039	Walnut River	Treated Domestic
Permit No. M-WA07-OO03 Federal Permit No. KS0097845
Legal Description: SW¼, NW¼, NE¼, Section 29, Township 29S, Range 4E, Lincoln County
Location: 37.50141, -97.01573
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a three-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring for pH, and E. coli.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Riley County Commissioners 110 Courthouse Plaza Manhattan, KS 66503	Big Blue River via Unnamed Tributary	Treated Domestic
Permit No. M-BB25-OO05 Federal Permit No. KS0086118
Legal Description: SE¼, SE¼, SE¼, Section 15, Township 9S, Range 7E, Riley County
Location: 39.26259, -96.62767
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a three-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and E. coli. The permit contains monitoring for pH, Ammonia, and Total Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Rossville, City of 438 Main PO Box 337 Rossville, KS 66533	Cross Creek	Treated Domestic
Permit No. M-KS64-OO01 Federal Permit No. KS0046477
Legal Description: NE¼, NW¼, SW¼, Section 3, Township 11S, Range 13E, Shawnee County
Location: 39.12255, -95.96223
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a three-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas. The total detention time at design flow is 128 days. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coli. The permit contains monitoring for pH, and Total Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Smith Center, City of 119 W. Court St. Smith Center, KS 66967		Treated Domestic
Permit No. M-SO38-NO01 Federal Permit No. KSJ001028
Legal Description: NW¼, NW¼, NW¼, Section 32, Township 3S, Range 13W, Smith County
Location: 39.75436, -98.82096
The proposed action consists of issuing a new Kansas/NPDES Water Pollution Control permit for this facility for the first time. The proposed action consists of issuing a new non-discharging Kansas Water Pollution Control permit for this facility for the first time. The new facility will consist of a three-cell wastewater stabilization lagoon with the capacity to discharge to an irrigation holding pond and a 4th storage cell. This permit contains limits for Chlorine Residual, and E. coli. The permit contains monitoring for Flow, Biochemical Oxygen Demand, Total Suspended Solids, pH, and E. coli.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Hamm, Inc. 609 Perry Place Perry, KS 66073	Marais des Cygnes River via Big Bull Creek via North Wea Creek via Unnamed Tributary	Process Wastewater
Permit No. I-MC20-PO02 Federal Permit No. KS0086789
Legal Description: SW¼ of Section 7, Township 16S, Range 25E, Miami County
Location: 38.66631, -94.69140
The proposed action consists of reissuing the above referenced NPDES permit. No significant changes were made to the permit. This facility is engaged in a limestone quarrying and crushing operation, with occasional washing. Outfall 001A consists of stormwater runoff, pit water and treated wash-water, after being treated by a sedimentation pond. This permit contains limits for Total Suspended Solids.
Name and Address of Applicant	Receiving Stream	Type of Discharge
EnerSys, Inc. 2366 Bernville Rd. PO Box 14145 Reading, PA 19612		Process Wastewater
Permit No. P-SH16-OO01 Federal Permit No. KSP000016
Legal Description: Ellis County
Location: 38.91087, -99.35926
The proposed action consists of reissuing the above referenced Pretreatment permit to this facility. No significant changes were made to the permit. This facility manufactures sealed lead acid batteries for uninterruptible power supply applications including telecommunications and power industries and has a SIC code of 3691. Pollutant limits are calculated based on the actual production of lead processed on-site. Eligible allowances include plate soak, battery wash, direct chill lead casting, mold release formulation, laundry and miscellaneous waste-streams. The treatment system used to treat process, regulated wastewater was upgraded in 2025. This permit contains limits for pH. This permit contains generic language to protect water quality.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Tyson Fresh Meats, Inc. 800 Stevens Port Dr. Dakota Dunes, SD 57049	Neosho River via Cottonwood River via Unnamed Tributary	Process Wastewater
Permit No. I-NE24-PO02 Federal Permit No. KS0000817
Legal Description: NE¼ of Section 17, Township 19S, Range 11E, Lyon County
Location: 38.39060, -96.23212
The proposed action consists of reissuance of an existing Kansas Water Pollution Control (KWPC)/National Pollutant Discharge Elimination System (NPDES) permit for an existing facility. This facility no longer processes beef and is undergoing closure in accordance with permit requirements. This permit contains limits for Chlorine Residual, and E. coli. During previous processing operations, an average 0.65 million gallons per day (MGD) of process wastewater from the cut floor, sanitary wastewater, boiler wastewater and storm water runoff was treated in an anaerobic lagoon and an (8) eight-cell facultative wastewater lagoon system prior to discharge at Outfall 002X. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Oil & Grease, pH, Ammonia, TMDL Phosphorus, and Total Nitrogen. The permit contains monitoring for Total Phosphorus, TMDL Phosphorus, Nitrate + Nitrate, Total Kjeldahl Nitrogen, and Total Nitrogen. This facility has a schedule of compliance.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Wolf Creek Nuclear Operation Corp. PO Box 411 Burlington, KS 66839	Neosho River via Wolf Creek via Wolf Creek Cooling Impoundment	Process Wastewater
Permit No. I-NE07-PO02 Federal Permit No. KS0079057
Legal Description: Coffey County
This action consists of renewal of an existing NPDES/Kansas water pollution control permit for an existing facility. The station consists of a pressurized nuclear reactor steam supply system and an electric turbine generator. The nuclear steam supply system is comprised of a reactor vessel and four primary coolant loops, each with a reactor coolant pump and steam generator. The net turbine generator output is a nominal 1,250 MWe. Wastewater discharge consists of circulating water, radwaste system, service and essential service water discharge via the essential service water discharge. The Wolf Creek cooling impoundment was created to provide source water storage for routine operations, to serve as a heat sink for cooling purposes (cooling lake) and was designed to provide an emergency water source to enable a safe emergency shutdown of the nuclear reactor in the event the Wolf Creek cooling impoundment dam were to fail. This permit contains limits for BOD, TSS, Oil and Grease, pH, and Total Residual Oxidant. The permit contains monitoring for Flow, E. coli, pH, Temperature, Metals, and Whole Effluent Toxicity.

Public Notice No. KS-EG-25-006/007

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 permit have been prepared for the use of the well(s) described below within the State of Kansas.

Name and Address of Applicant

Mid-Continent Fractionation & Storage, LLC – Conway West 839 Kiowa Rd. McPherson, KS 67460

Permit No. KS-01-113-001

Location: 38.378967, -97.830682

The Williams Mid-Continent Fractionation & Storage (MCFS) Conway West Facility is an underground storage facility for hydrocarbon products. MCFS currently operates one Class I disposal well at the Conway West Facility. The Williams MCFS Conway West #1 (KS-01-113-001) disposal well currently receives Non-hazardous liquid waste from this facility consisting of waste brines from the underground hydrocarbon storage operation (consisting of caverns, brine ponds, brine systems), process water from amines treatment processes, remediation brine, recovered brine from releases and storm water from the facility. MCFS also has a permit for the Class I Conway West #2 disposal well (KS-01-113-007), which has not been drilled. The MCFS Conway West #1 shall use a maximum injection rate of 47,619 barrels per day (bpd) (1,999,998 gallons per day (gpd)).

Name and Address of Applicant

Mid-Continent Fractionation & Storage, LLC – Mitchell 839 Kiowa Rd. McPherson, KS 67460

Permit No. KS-01-159-002

Location: 38.37142, -98.072619

The Mid-Continent Fractionation & Storage (MCFS) Mitchell Facility is an underground storage facility for hydrocarbon products. MCFS currently operates two Class I disposal wells at the Mitchell Facility. The MCFS Mitchell WWDW #1 (KS-01-159-002) disposal well currently receives non-hazardous liquid waste from this facility consisting of waste brines from the underground hydrocarbon storage operation (consisting of caverns, brine ponds, brine systems). MCFS also has a permit for the Class I Mitchell WWDW #2 disposal well (KS-01-159-008), and a permit for the Class I Mitchell #3 (KS-01-159-009) which has not been drilled. The MCFS Mitchell WWDW #1 shall use a maximum injection rate of 20,476 barrels per day (bpd) (859,992 gallons per day (gpd)).

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 28, 2025, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-25-142/153, KS-AG-R-25-011, KS-Q-25-100/109, KS-EG-25-006/007) 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 Casey Guccione, 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 Andrew Bowman 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 Jada Martin at 1000 SW Jackson St., Suite 430, Topeka, KS 66612, telephone 785- 296-0076 or email at kdhe.feedlots@ks.gov. Las preguntas o comentarios por escrito deben dirigirse a Erich Glave, Director, Bureau of Environmental Field Services en KDHE: 1000 SW Jackson St., Suite 430, Topeka, KS 66612-1367; por correo electrónico: kdhe.feedlots@ks.gov; por teléfono: 785-296-6432. For all other proposed permits or actions an appointment can be scheduled, or copies requested by contacting Jamie Packard, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-4148 or email at Jamie.Packard@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. The Division of Environment offices are open from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.

Janet Stanek
Secretary
Department of Health and Environment

Doc. No. 053197