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Publications iconKansas Register

Volume 44 - Issue 35 - August 28, 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-25-233

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant Legal Description Receiving Water
Falcon Landing
Falcon Land, LLC
SE of Intersection 8400 Road and Union Road
Riley, KS 66531
NW/4 of Section 31
T08S, R06E
Riley County
Kansas River Basin
Kansas Permit No. A-KSRL-B003
This notice is to inform the public that the application for the proposed draft state permit, which was previously published in Public Notice No. KS-AG-25-215/221, has been withdrawn. The applicant has requested to withdraw the permit application for a proposed confined feeding facility for 999 head (999 animal units) of cattle weighing more than 700 pounds.

Public Notice No. KS-AG-25-234/237

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant Legal Description Receiving Water
Carpenter Cattle
Kim Carpenter
1091 16th Rd.
Clay Center, KS 67432
SE/4 of Section 15
T08S, R02E
Clay County
Lower Republican River Basin
Kansas Permit No. A-LRCY-B008
The proposed action is to reissue an existing state permit for an existing facility for 300 head (300 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant Legal Description Receiving Water
Darren Grauerholz
15042 A Rd.
Kensington, KS 66951
SW/4 of NW/4 of Section 18
T03S, R15W
Smith County
Solomon River Basin
Kansas Permit No. A-SOSM-S003
The proposed action is to reissue an existing state permit for an existing facility for 1,747 head (698.8 animal units) of swine weighing more than 55 pounds, 200 head (200 animal units) of cattle weighing more than 700 pounds, and 200 head (100 animal units) of cattle weighing 700 pounds or less, for a total of 998.8 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
MLS Ranch, Inc.
Mark Schamberger
8999 N. K-23 Hwy.
Hoxie, KS 67740
NE/4 of Section 04
T07S, R28W
Sheridan County
Solomon River Basin
Kansas Permit No. A-SOSD-B008
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
Remus Feedlot
C. W. Remus
2101 120th Rd.
Cawker City, KS 67430
SE/4 of Section 20
T06S, R10W
Mitchell County
Solomon River Basin
Kansas Permit No. A-SOMC-B017
The proposed action is to reissue an existing state permit for an existing facility for 500 head (250 animal units) of cattle weighing 700 pounds or less. 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-AG-R-25-017

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

Name and Address of Registrant Legal Description County
Johnson West
Steve Johnson
1536 Nail Rd.
Enterprise, KS 67441
W/2 of NE/4 of Section 21
T14S, R03E
Dickinson

Public Notice No. KS-Q-25-145/147

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
Harshman Construction, LLC – VanMeter Quarry
1632 FP Rd.
Cedar Point, KS 66843
Marais des Cygnes River
via Elm Creek
via Unnamed Tributary
Process Wastewater
Permit No. I-MC09-PO01
Federal Permit No. KS0080829
Legal Description: NW¼ of SW¼ of Section 32, Township 14S, Range 12E, Wabaunsee County
Location: 38.78559, -96.10637
The proposed action consists of reissuing the above referenced NPDES permit. No significant changes were made to the permit accept some Outfalls were consolidated. The requirements of this permit are pursuant to the Surface Water Quality Standards K.A.R. 28-16-28 and appropriate Federal regulations. This permit contains generic language to protect water quality.
Name and Address of Applicant Receiving Stream Type of Discharge
Hill’s Pet Nutrition, Inc.
PO Box 755
Topeka, KS 66601
Kansas River
via City Storm Sewer
Treated Domestic
Permit No. I-KS72-CO05
Federal Permit No. KS0003077
Legal Description: SW¼ of Section 29, Township 11S, Range 16E, Shawnee County
Location: 39.05989, -95.66527
This action consists of reissuance of an existing NPDES/Kansas Water Pollution Control (KWPC) permit for an existing facility. This facility manufactures canned pet foods. Domestic waste is discharged directly to City’s sanitary sewer. This permit contains limits for pH. The permit contains monitoring for Flow, Temperature, Total Phosphorus, and TMDL Phosphorus. This facility has a schedule of compliance to assess and achieve compliance with food phosphorus limits.
Name and Address of Applicant Receiving Stream Type of Discharge
Morton International Corporation
444 W. Lake St., Suite 3000
Chicago, IL 60606
Arkansas River Treated Domestic
Permit No. I-AR82-PO01
Federal Permit No. KS0000345
Legal Description: NW¼, NW¼, Section 23, Township 23S, Range 06W, Reno County
Location: 39.02376, -98.15982
This action consists of reissuance of an existing NPDES/Kansas Water Pollution Control (KWPC) permit for an existing facility. Boil out tank overflow and non-contact cooling water are discharged to the Arkansas River. Condensate, boiler blowdown, scrubber discharge, process bleeds, and other recyclables are recycled back into brine fields. This permit contains limits for pH, Chloride, TMDL Chloride, Total Suspended Solids, TMDL Phosphorus, Total Nitrogen, and WET Chronic. The permit contains monitoring for Flow, Chloride, TMDL Chloride, Temperature, Total Suspended Solids, Total Phosphorus, TMDL Phosphorus, Nitrate + Nitrite, and Total Kjeldahl 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 27, 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-25-233, KS-AG-25-234/237, KS-AG-R-25-017, KS-Q-25-145/147) 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. 053435