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Publications iconKansas Register

Volume 45 - Issue 18- April 30, 2026

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-26-165/168

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant Legal Description Receiving Water
McDiffett Farm
Gregg McDiffett
35715 Drovers Trail Rd.
Alma, KS 66401
SW/4 of Section 05 &
NE/4 of
Section 08 &
SW/4 of Section 09
T13S, R09E
Wabaunsee County
Kansas River Basin
Kansas Permit No. A-KSWB-S003
The proposed action is to reissue an existing state permit for an existing facility for 615 head (246 animal units) of swine weighing more than 55 pounds, 500 head (50 animal units) of swine 55 pounds or less, and 150 head (150 animal units) of cattle weighing more than 700 pounds, for a total of 446 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
Reinert Feedyard, Inc.
Jim Reinert
11786 100 Rd.
Ensign, KS 67841
SW/4 of Section 31
T27S, R26W
Ford County
Upper Arkansas River Basin
Kansas Permit No. A-UAFO-B012
The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 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
SLC, Inc.
Curtis and Kelly Selensky
2399 CR 56
Park, KS 67751
NE/4 of Section 11
T12S, R28W
Gove County
Smoky Hill River Basin
Kansas Permit No. A-SHGO-B036
The proposed action is to issue a new state permit for a facility for 999 head (999 animal units) of cattle weighing more than 700 pounds. The facility consists of 6.39 acres of open lot pens and a waste management system consisting of one sediment basin, one grass filter area, and one grass buffer. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant Legal Description Receiving Water
TC Dairy, LLC
T28S, R31W
SW of Intersection of CR 80 and Road UU
Sublette, KS 67877
All of Section 08
Haskell County
Upper Arkansas River Basin
Kansas Permit No. A-UAHS-D002
Federal Permit No. KS0300014
The proposed action is to issue a new NPDES permit for a facility for 9,975 head (9,975 animal units) of cattle weighing more than 700 pounds, 3,000 head (1,500 animal units) of cattle weighing less than 700 pounds, and 17,500 head (24,500 animal units) of mature dairy cows; for a total of 35,975 animal units. The facility will consist of 78 acres of open dirt lots, one (1) milking parlor, one (1) commodity barn, four (4) confinement barns, one (1) biogas building, and miscellaneous feed and manure storage areas. The waste management system will consist of freshwater diversions, runoff collection channels, five (5) sediment basins, one (1) runoff basin, one (1) covered anaerobic digester lagoon, and four (4) wastewater retention structures. The facility will consist of three separate drainage areas: East, Northeast, and West. This facility has an approved Nutrient Management Plan on file with KDHE.

Public Notice No. KS-AG-R-26-015

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

Name and Address of Registrant Legal Description County
Macke Cattle
Roger Macke
1970 F Rd.
Baileyville, KS 66404
NW/4 of Section 36
T02S, R11E
Nemaha

Public Notice No. KS-Q-26-057/059

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
Mulberry Limestone – LaCygne Quarry
325 N. 260th St.
Mulberry, KS 66756
Maris des Cygnes River
via North Sugar Creek
via LaCygne Reservoir
via Unnamed Tributary
Process Wastewater
Permit No. I-MC18-PO18
Federal Permit No. KS0200035
Legal Description: NE¼ of Section 30, Township 19S, Range 25E, Linn County
Location: 38.37078, -94.68284
The proposed action consists of issuing the above-mentioned NPDES permit for the first time, since this is a new facility. An anti-degradation report was completed and is attached. This facility is a limestone quarrying and crushing operation with no rock washing. Outfalls 001A consists of stormwater runoff and pit de-water. This permit contains generic language to protect quality.
Name and Address of Applicant Receiving Stream Type of Discharge
Mitchell County RWD #2
PO Box 17
Glen Elder, KS 67446
Solomon River Process Wastewater
Permit No. I-SO18-PO01
Federal Permit No. KS0101460
Legal Description: NE¼, NW¼, Section 34, Township 6S, Range 9W, Mitchell County
Location: 39.496058, -98.312453
This action consists of reissuance of an existing NPDES/Kansas Water Pollution Control (KWPC) permit for an existing facility. This system is comprised of a two-cell lagoon system designed for continuous discharge of effluent. The lagoons were constructed with control structures and gravity piping to a discharge point in the Solomon River, directly downstream of Waconda Lake. This permit contains limits for pH, Total Residual Chlorine, Total Residual Chlorine, and Total Suspended Solids. The permit contains monitoring for Total Phosphorus, Chloride, Total Sulfate, Total Recoverable Selenium, and Total Recoverable Lead.
Name and Address of Applicant Receiving Stream Type of Discharge
Sunflower Electric – Cimarron River Station
PO Box 430
Holcomb, KS 67851
Process Wastewater
Permit No. I-CI10-NP02
Federal Permit No. KSJ000512
Legal Description: SE¼, Section 23, Township 33S, Range 32W, Seward County
Location: 37.15780, -100.76333
The proposed action consists of renewal and reissuance of the existing Kansas Water Pollution Control (KWPC) Permit for an existing, non-discharging wastewater facility. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coli. This is a gas fired peaking steam electric generating power plant. Also, throughout the year it supplies steam, cooling water, service water and electricity to Phillips 66 and Air Products. The permit contains monitoring for Calcium, Chloride, Iron, Magnesium, Chromium, Sodium, Sulfate, Bromide, pH, Selenium, Nitrate, Phosphorus, Total Dissolved Solids, and Electrical Conductivity. Facility has a schedule of compliance for engineering report to assess future modifications to the facility.

Public Notices No. KS-EG-26-006/007

In accordance with K.A.R. 25-46-7 and that 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 with the State of Kansas.

Name and Address of Applicant
Compass Minerals America, Inc.
9900 W. 109th St.
Overland Park, KS 66210
Permit No. KS-03-159-CGG
The wells shall be cased and cemented such that: 1) injected or withdrawn fluid does not cause deterioration of the water quality of fresh and/or usable water zones, 2) the loss of fresh and/or usable water due to downward migration is prevented, and 3) the release of injected or withdrawn fluids into an unauthorized zone is prevented.
Name and Address of Applicant
Cargill, Inc Hutchinson Salt Plant
PO Box 1403
Hutchinson, KS 67504
Permit No. KS-03-155-N26
The wells shall be cased and cemented such that: 1) injected or withdrawn fluid does not cause deterioration of the water quality of fresh and/or usable water zones, 2) the loss of fresh and/or usable water due to downward migration is prevented, and 3) the release of injected or withdrawn fluids into an unauthorized zone is prevented.

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 May 30, 2026, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-26-165/168, KS-AG-R-26-015, KS-Q-26-057/059, KS-EG-26-006/007) 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
Kansas Department of Health and Environment

Doc. No. 054107