Publications iconKansas Register

Volume 40 - Issue 47 - November 25, 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-21-350/357

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
Howell Country Feeders, LLC
PO Box 1661
Dodge City, KS 67801
Section 16 & N/2 of Section 21
T26S, R26W
Ford County
Upper Arkansas River Basin
Kansas Permit No. A-UAFO-C002
Federal Permit No. KS0115142
The proposed action is to modify and reissue an existing State/NPDES permit for an expanding facility with a proposed maximum capacity 32,500 head (32,500 animal units) of beef cattle weighing more than 700 pounds and 10 head (20 animal units) of horses. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified in part to accommodate KDOT Hwy 50 widening. There is no change in the 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
Roger Kohman
3665 W. Friend Rd.
Scott City, KS 67871
NE/4 of Section 31
T20S, R32W
Scott County
Upper Arkansas River Basin
Kansas Permit No. A-UASC-C024
Federal Permit No. KS0087521
The proposed action is to reissue an existing NPDES permit for an existing facility for 3,400 head (3,400 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
Box K Ranch, LLC
1663 Road 14
Hugoton, KS 67951
NW/4 of Section 02
T33S, R37W
Stevens County
Cimarron River Basin
Kansas Permit No. A-CISV-C004
Federal Permit No. KS0096555
The proposed action is to reissue an existing NPDES permit for an existing facility for 2,200 head (2,200 animal units) of cattle more than 700 pounds and 2,300 head (1,150 animal units) of cattle 700 pounds or less, for a total of 4,500 head (3,350 animal units) of cattle. 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
Johnston Ranch
Von Johnston
54 S. Longhorn
Dighton, KS 67839
NE/4 of Section 32
T20S, R28W
Lane County
Upper Arkansas River Basin
Kansas Permit No. A-UALE-B002
The proposed action is to reissue an existing state permit for an existing facility for 75 head (75 animal units) of cattle weighing greater than 700 pounds, and 75 head (37.5 animal units) of cattle weighing less than 700 pounds, for a total of 112.5 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
Nelson Farms of Windom, Inc.
James R. Nelson
905 1st Ave.
Windom, KS 67491
NE/4 of Section 19
T20S, R05W
McPherson County
Little Arkansas River Basin
Kansas Permit No. A-LAMP-B001
The proposed action is to reissue an existing state permit for an existing facility for 600 head (600 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
Manhattan Commission Co., Inc.
John Cline
8424 E. US-24 Hwy.
Manhattan, KS 66502
SW/4 of Section 10
T10S, R08E
Pottawatomie County
Kansas River Basin
Kansas Permit No. A-KSPT-B006
The proposed action is to reissue an existing state permit for a public livestock market for 144.1 animal units of cattle. 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
Levin Farms, Inc.
Steve Levin
PO Box 325
Kensington, KS 66951
NE/4 of Section 04
T04S, R15W
Smith County
Solomon River Basin
Kansas Permit No. A-SOSM-B017
The proposed action is to reissue an existing state permit for an existing facility for 990 head (495 animal units) of cattle 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
J-Six Enterprises, LLC – Parker Site
Jennifer A. Gerety
2155 15th Rd.
Greenleaf, KS 66943
SE/4 of Section 16
T03S, R04E
Washington County
Big Blue River Basin
Kansas Permit No. A-BBWS-S055
The proposed action is to 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. This facility has an approved Waste Management Plan on file with KDHE.

Public Notice No. KS-Q-21-119/127

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
Edgerton, City of
PO Box 255
Edgerton, KS 66021
Big Bull Creek
(and Hillsdale Lake) via
Unnamed Tributary
Treated Domestic Wastewater
Kansas Permit No. M-MC08-OO02
Federal Permit No. KS0100374
Legal Description: NW¼, SE¼, SE¼, S9, T15S, R22E, Johnson County, Kansas
Facility Name: Big Bull Creek Wastewater Treatment Facility
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a mechanical plant consisting of off-site and on-site raw sewage pumping stations, mechanical screening and de-gritting, extraneous flow basin, Schreiber Continuously Sequencing Reactor (CSR), chemical precipitation for phosphorus removal, final clarifier with tertiary filtration, ultraviolet disinfection, Parshall flume, reaeration, aerobic sludge digestion and mechanical dewatering. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, ammonia, E. coli, total nitrogen, whole effluent toxicity, and total phosphorus, as well as monitoring for nitrate + nitrite, priority pollutants, and flow.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Effingham, City of
PO Box 94
Effingham, KS 66023-0094
Stranger Creek via
Unnamed Tributary
Treated Domestic Wastewater
Kansas Permit No. M-KS15-OO01
Federal Permit No. KS0047279
Legal Description: S½, NW¼, NE¼, S15, T6S, R18E, Atchison 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. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, ammonia, and E. coli, as well as monitoring for total phosphorus.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Garden City, City of
PO Box 998
Garden City, KS 67846
Arkansas River Treated Domestic Wastewater
Kansas Permit No. M-UA14-OO01
Federal Permit No. KS0038962
Legal Description: S½, NE¼ & N½, SE¼, S21, T24S, R32W, Finney County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a mechanical wastewater treatment plant consisting of a lift station, mechanical bar screen, aerated grit chamber, two CMAS oxidation ditches, three final clarifiers, aerobic sludge digestion basins, four sludge holding tanks, belt filter press, two gravity belt thickeners, and UV disinfection. The proposed permit contains a schedule of compliance stating that the facility has hired a Kansas-Licensed engineering consultant to assist in meeting final ammonia limits. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, ammonia, E. coli, whole effluent toxicity, and pH, as well as monitoring for total Kjeldahl nitrogen, nitrate + nitrite, total nitrogen, total phosphorus, total effluent flow to stream, sulfate, total recoverable boron, total recoverable selenium, flow to off-site irrigation, and flow.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Unified Government of Kansas City/Wyandotte County
50 Market St.
Kansas City, KS 66118
Kansas River Treated Domestic Wastewater
Kansas Permit No. M-KS27-OO20 Federal Permit No. KS0080195
Legal Description: NW¼, NE¼, NE¼, S31, T11S, R24E, Wyandotte County, Kansas
Facility Name: Kansas City Treatment Plant #20
Facility Location: 2443 S. 88th St., Kansas City, KS 66111
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 bar screen, two vortex grit removal, two primary clarifiers, activated sludge system, two final clarifiers, sludge storage, belt filter press, and UV disinfection. The proposed permit contains a schedule of compliance for the facility to receive operational training for ammonia and nutrient removal to meet final effluent limits, including a schedule of improvements to meet final effluent limits and the total phosphorus mass loading (TMDL) goal. The proposed permit contains limits biochemical oxygen demand, total suspended solids, ammonia, E. coli, whole effluent toxicity, 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
Lecompton, City of
PO Box 100
Lecompton, KS 66050
Kansas River Treated Domestic Wastewater
Kansas Permit No. M-KS33-OO01
Federal Permit No. KS0055581
Legal Description: E½, SW¼, SW¼, S35, T11S, R18E, Douglas County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a three-cell aerated wastewater stabilization lagoon system. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, E coli, and pH, as well as monitoring for ammonia, total phosphorus, and chlorides.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Liberty, City of
PO Box 15
Liberty, KS 67351
Big Hill Creek via
Unnamed Tributary
Treated Domestic Wastewater
Kansas Permit No. M-VE24-OO01
Federal Permit No. KS0086223
Legal Description: SW¼, NW¼, SE¼, S19, T33S, R17E, Montgomery 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. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, ammonia and E. coli.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Madison, City of
PO Box 247
Madison, KS 66860
Verdigris River Treated Domestic Wastewater
Kansas Permit No. M-VE26-OO02
Federal Permit No. KS0093858
Legal Description: NW¼, NW¼, NE¼, S18, T22S, R12E, Greenwood 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 condition (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 5/17/2021 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 3.8 mg/L for this facility. The EED was completed on 5/24/2021. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, ammonia, and E. coli, as well as monitoring for total phosphorus, nitrate + nitrite, total Kjeldahl nitrogen, total nitrogen, and lead.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Powhattan, City of
PO Box 52
Powhattan, KS 66527
Delaware River via
Unnamed Tributary
Treated Domestic Wastewater
Kansas Permit No. M-KS60-OO01
Federal Permit No. KS0081540
Legal Description: NW¼, SW¼, SW¼, S28, T3S, R16E, Brown 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. The proposed permit has a schedule of compliance for the facility to employ a KDHE-certified operator. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, and E. coli, as well as monitoring for ammonia and total phosphorus.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Wichita, City of
455 N. Main St.
Wichita, KS 67202
Four Mile Creek Treated Domestic Wastewater
Kansas Permit No. M-WA01-OO04
Federal Permit No. KS0100790
Legal Description: S½, SE¼, S25, T27S, R2E, Sedgwick County, Kansas
Facility Name: Four Mile Creek Regional Wastewater Treatment Facility
Facility Location: 15800 E. Harry, Wichita, KS 67230
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a mechanical wastewater treatment plant consisting of an influent pump station, wet weather/redundant influent pump station, two mechanical bar screens, odor control system, vortex grit removal, magnetic flow meter, anaerobic/anoxic/aerobic activated sludge process (BNR) (two trains), four final clarification basins, water reuse system of the effluent, UV disinfection, reaeration cascade, sludge pump station, sludge rotary drum thickener, two sludge digester basins, centrifuge dewatering, liquid biosolids, loading and extraneous flow basin system with the extraneous flow pumped back through the facility for complete treatment. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, dissolved oxygen, ammonia, E. coli, total phosphorus, sulfates and whole effluent toxicity, as well as monitoring for nitrate + nitrite, total Kjeldahl nitrogen, total nitrogen, selenium, mercury, priority pollutants, and flow to stream.

Public Notice No. KS-PT-21-008/010

The requirements of the draft permit public noticed below are pursuant to the Kansas Administrative Regulations 28-16-82 through 28-16-98, and U.S. Environmental Protection Agency Pretreatment Regulation 40 CFR 403.

Name and Address
of Applicant
Receiving Facility Type of Discharge
AGCO Corporation
4205 Green River Pkwy.
Duluth, GA 30096
Cawker City Municipal
Wastewater Treatment Plant
Process Wastewater
Kansas Permit No. P-SO08-OO01
Federal Permit No. KSP000093
Facility Location: 815 Locust St., Cawker City, KS 67430
The proposed action is to reissue an existing pretreatment permit for an existing facility. This facility manufactures farm tillage equipment and performs conversion coating (iron phosphating) on steel parts, prior to painting the parts, using a three-stage washer. Outfall 001 consists of process and rinse wastewater from the three-stage washer, when it is operating. The proposed permit contains pretreatment limitations for pH, total toxic organics, cadmium, chromium, copper, lead, nickel, silver, zinc, and cyanide, as well as monitoring for flow.
Name and Address
of Applicant
Receiving Facility Type of Discharge
Anodizing, Inc./Extrusions, Inc.
PO Box 430
Fort Scott, KS 66701
Fort Scott Municipal
Wastewater Treatment Plant
Process Wastewater
Kansas Permit No. P-MC11-OO01
Federal Permit No. KSP000008
Facility Name: Anodizing, Inc.
Facility Location: 2401 S. Main, Fort Scott, KS 66701
The proposed action is to reissue an existing pretreatment permit for an existing facility. This facility extrudes aluminum alloy billets into various products. The amount of aluminum extruded varies from month to month but usually averages around 20,000 lbs/day or a maximum of 34,000 lbs/day. Approximately 2,000-12,000 lbs/day of aluminum is then processed in a metal finishing operation, consisting of metal cleaning, coloring, etching and anodizing. Outfall 001 consists of wastes from the metal finishing operation. The aluminum parts are then fabricated and/or painted, as needed. Outfall 002 consists of wastes from the aluminum extruding operation. Wastes from this process are not discharged to the sanitary sewer but are hauled off-site for disposal. The proposed permit contains pretreatment limitations for pH.
Name and Address
of Applicant
Receiving Facility Type of Discharge
A-1 Scaffold Manufacturing, Inc.
590 Commerce Pkwy.
Hays, KS 67601
Hays Municipal
Wastewater Treatment Plant
Process Wastewater
Kansas Permit No. P-SH16-OO04
Federal Permit No. KSP000106
The proposed action is to reissue an existing pretreatment permit for an existing facility. This facility manufactures scaffold frames constructed of steel. A conversion coating (phosphating) operation is used to prepare the steel tubing for painting. The phosphating chemical is sprayed o the steel in a spray booth. Outfall 001 represents treated wastewater from the conversion coating operation. The proposed permit contains pretreatment limitations for pH, total toxic organics, cadmium, chromium, copper, lead, nickel, silver, zinc and cyanide, as well as monitoring for flow.

Public Notice No. KS-EG-21-010

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
Morton Salt, Inc.
444 W. Lake St.
Chicago, IL 60606
Permit No. KS-03-155-MNW4
Legal Description: NW 4-1: NE¼, SE¼, SE¼, S22, T23S, R6W, Reno County, Kansas
NW 4-2: NE¼, SE¼, SE¼, S22, T23S, R6W, Reno County, Kansas
NW 4-3: NE¼, SE¼, SE¼, S22, T23S, R6W, Reno County, Kansas
NW 4-4: NE¼, SE¼, SE¼, S22, T23S, R6W, Reno County, Kansas
NW 4-5: NE¼, SE¼, SE¼, S22, T23S, R6W, Reno County, Kansas
NW 4-6: NE¼, SE¼, SE¼, S22, T23S, R6W, Reno County, Kansas
Well Number Location
4-1 Latitude: 38.036278”
Longitude: -97.965947”
4-2 Latitude: 38.037158”
Longitude: -97.966067”
4-3 Latitude: 38.038039”
Longitude: -97.966069”
4-4 Latitude: 38.038861”
Longitude: -97.966072”
4-5 Latitude: 38.039736”
Longitude: -97.966083”
4-6 Latitude: 38.040564”
Longitude: -97.966083”
Facility Description: The proposed action is to reissue six Class III Injection Well permits for the wells listed above. Injection of fresh water and unsaturated brine is to be made into wells NW 4-1, 4-2, 4-3, 4-4, 4-5 and 4-6; into the Hutchinson Salt member of the Wellington formation. The top of the cavity shall be no shallower than 250 feet below the surface. Mining shall not extend into the upper 50 feet of the salt deposit. The maximum operational injection pressure is not to exceed 250 pounds per square inch at the wellhead. The Wellington formation consists of inter-bedded salt and shale deposits with minor amounts of gypsum. The upper portion of the formation is primarily clayey shale with small amounts of gypsum present. The lower portion, which is known as the Hutchinson Salt member, is mainly salt with inter-bedded shale deposits. The salt deposits beneath Morton Salt’s salt mining operations described herein are first encountered about 490 feet below ground surface and extend to a depth of about 820 feet. All construction, monitoring, and operation of these wells shall meet the requirements that apply to Class III Injection wells under the Kansas UIC Regulations, K.A.R. 28-46-1 through 28-46-45 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 December 25, 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-21-350/357, KS-Q-21-119/127, KS-PT-21-008/010, KS-EG-21-010) 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 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.

Ashley Gross
Acting Secretary

Doc. No. 049588