Volume 41 - Issue 43 - October 27, 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-22-272/277

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Calvert Swine, LLC 1304 W. Fox Rd. Long Island, KS 67647	SW/4 of Section 19 T02S, R21W Norton County	Upper Republican River Basin
Kansas Permit No. A-URNT-H008 Federal Permit No. KS0100421
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 6,800 head (2,720 animal units) of swine weighing more than 55 pounds, 10,000 head (1,000 animal units) of swine weighing less than 55 pounds for a maximum total of 16,800 head (3,720 animal units) of swine. An increase in head count, but no change in total animal units. A new Farrowing Barn and a Mortality Composting structure are proposed. Waste is collected in pits below the swine housing and conveyed to a multi-cell wastewater treatment and storage system that will be modified into a three-cell system. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Sperfslage Farms Mark and Eugene Sperfslage 1672 Q Rd. Seneca, KS 66538	NW/4 of Section 14 T03S, R13E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-M022
The proposed action is to modify and reissue the existing state permit for an existing facility expansion for a maximum capacity of 210 head (294 animal units) of mature dairy cattle, 28 head (28 animal units) of cattle weighing more than 700 pounds, 37 head (18.5 animal units) of cattle weighing less than 700 pounds, 583 head (233.2 animal units) of swine weighing more than 55 pounds, and 151 head (15.1 animal units) of swine weighing 55 pounds or less for a total of 588.8 animal units. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to add two 35 feet by 72 feet swine hoop barns within the facility footprint.
Name and Address of Applicant	Legal Description	Receiving Water
Jubilee Pork 1206 K-383 Hwy. Long Island, KS 67647	E/2 of Section 27 T01S, R20W Phillips County	Upper Republican River Basin
Kansas Permit No. A-URPL-H005 Federal Permit No. KS0094269
The proposed action is to reissue an existing NPDES permit for an existing facility for 2,861 head (1,144.4 animal units) of swine weighing greater than 55 pounds and 2,950 head (295 animal units) of swine weighing 55 pounds or less for a total of 5,811 head (1,439.4 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
Tiffany Cattle Co., Inc. 1333 S. 2500 Rd. Herington, KS 67449	E/2 of Section 31 & W/2 of Section 32 T15S, R06E and NW/4 of Section 05 T16S, R06E Morris County	Neosho River Basin
Kansas Permit No. A-NEMR-C001 Federal Permit No. KS0117218
The proposed action is to reissue an existing NPDES permit for an existing facility for 18,000 head (18,000 animal units) of cattle weighing more than 700 pounds and 2,000 head (1,000 animal units) of cattle weighing less than 700 pounds; for a total of 19,000 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
Taylor G. Bemis 861 US-40 Hwy. Hays, KS 67601	SE/4 of Section 17 T13S, R19W Ellis County	Smoky Hill River Basin
Kansas Permit No. A-SHEL-B006
The proposed action is to reissue an existing state permit for an existing facility for 450 head (450 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
Beefland Feed Yard Adam Peterson 12500 S. Beefland Rd. Garden City, KS 67846	SW/4 of Section 21 & W/2 of Section 28 T26S, R31W Finney County	Upper Arkansas River Basin
Kansas Permit No. A-UAFI-C017 Federal Permit No. KS0083984
The proposed action is to reissue an existing NPDES permit for an existing facility for 47,000 head (47,000 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.

Public Notice No. KS-AG-R-22-015

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

Name and Address of Registrant	Legal Description	County
Stull Cattle Co., LLC Dustin Stull C 657 Ave. Natoma, KS 67651	NE/4 of Section 30 T10S, R15W	Osborne

Public Notice No. KS-Q-22-097/104

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
Derby, City of 611 Mulberry Derby, KS 67037	Arkansas River	Treated Domestic Wastewater
Kansas Permit No. M-AR29-OO02 Federal Permit No. KS0050377
Legal Description: SE¼, NE¼, SW¼, Section 13, Township 29S, Range 1E
Facility Location: 1501 S. K-15 Hwy., Derby, KS 67037
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of: Bar screen, vortex grit removal (2), oxidation ditch with anoxic zone, final clarifiers (3) (normally only 1 in operation), UV disinfection, sludge centrifuge, dry sludge storage building, static screen sludge thickener (not in use), gravity belt thickening, and aerated sludge holding tanks (3). The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, Nitrates + Nitrites, and Chronic Whole Effluent Toxicity; as well as monitoring for Nitrates + Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, Total Phosphorus, and Chlorides. The proposed permit contains a schedule of compliance which is as follows: This wastewater treatment facility has a history of effluent limit exceedances and the permittee has hired a Kansas-Licensed engineering consultant and provided KDHE an engineering report. The report, dated August 2022, recommends Phase 1 immediate needs improvements and Phase 1A improvements to the oxidation ditch for wastewater compliance.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Argonia, City of PO Box 35 Argonia, KS 67004	Chikaskia River	Treated Domestic Wastewater
Kansas Permit No. M-AR05-OO01 Federal Permit No. KS0031461
Legal Description: NW¼, NE¼, SW¼, Section 21, Township 32S, Range 4W of Sumner County, KS
Facility Name: Argonia Wastewater Treatment Facility
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a three-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. Cells 2 and 3 are created by using a HDPE floating curtain baffle in the secondary earthen cell. The detention time at design flowis 142.1 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coli; as well as monitoring for pH. The proposed action is to issue a new State/NPDES permit for a new facility. 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 7/29/2022 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 4.3 mg/L for this facility.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Pretty Prairie, City of PO Box 68 Pretty Prairie, KS 67570-0068	Smoots Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-AR75-0002 Federal Permit No. KS0098639
Legal Description: S½, SW¼, SW¼, Section 19, Township 26S, Range 6W of Reno County, KS
Facility Name: Pretty Prairie Wastewater Treatment Facility
The proposed action is to reissue an existing State/NPDES 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 and industrial wastewater from local manufacturers. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, and ammonia, as well as monitoring for pH and E. coli. 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 7/27/2022 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 6.9 mg/L for this facility.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Chase, City of PO Box 223 Chase, KS 67524	Cow Creek via Spring Creek	Treated Domestic Wastewater
Kansas Permit No. M-AR19-OO01 Federal Permit No. KS0051667
Legal Description: NW¼, SE¼, NE¼, Section 32, Township 19S, Range 9W of Rice County, KS
Facility Name: Chase Municipal Wastewater Treatment Facility
The proposed action is to reissue an existing State/NPDES 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 detention time at the design flow is 120 days. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, and E. coli, as well as monitoring for pH, Ammonia, total phosphorus, chloride, and arsenic.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Partridge, City of PO Box 174 Partridge, KS 67556	North Fork Ninnescah River via Red Rock Creek	Treated Domestic Wastewater
Kansas Permit No. M-AR70-OO01 Federal Permit No. KS0024619
Legal Description: SE¼, NW¼, NW¼ and SW¼, NE¼, NW¼, Section 15, Township 24S, Range 7W of Reno County, KS
Facility Name: Partridge Wastewater Treatment Facility
The proposed action is to reissue an existing State/NPDES 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 detention time at the design flow is 204 days. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, and ammonia, as well as monitoring for pH and E. coli.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Easton, City of PO Box 267 Easton, KS 66020	Stranger Creek	Treated Domestic Wastewater
Kansas Permit No. M-KS13-OO01 Federal Permit No. KS0047261
Legal Description: SE¼, NE¼, NE¼, Section 19, Township 8S, Range 21E of Leavenworth County, KS
Facility Name: Easton Municipal Wastewater Treatment Plant
The proposed action is to reissue an existing State/NPDES 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 and industrial wastewater from local manufacturers. The detention time at the design flow is 168 days. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, ammonia, and E. coli, as well as monitoring for pH and total phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Preston, City of 500 Main St. Preston, KS 67583	Silver Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-AR74-OO02 Federal Permit No. KS0098141
Legal Description: NE¼, NE¼, SW¼, Section 29, Township 26S, Range 11W of Pratt County, KS
Facility Name: Preston Municipal Wastewater Treatment Plant
The proposed action is to reissue an existing State/NPDES 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 and industrial wastewater from local manufacturers. The detention time at the design flow is 127 days. The proposed permit contains limits for biochemical oxygen demand and total suspended solids, as well as monitoring for pH, ammonia, E. coli, nitrates + nitrites, and total phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Whitaker Aggregates, Inc. 555 Delaware Humboldt, KS 66748	Marais des Cygnes River via Big Sugar Creek via Little Sugar Creek via unnamed tributary	Processed Wastewater
Kansas Permit No. I-MC26-PO04 Federal Permit No. KS0092983
Legal Description: SW ¼ of Section 19, Township 22S, Range 24E of Linn County, KS
Facility Name: Mound City Quarry
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a limestone quarrying and crushing operation with occasional washing. The wash-water generated on-site and stormwater runoff is treated by a settling pond, before discharging from Outfall 001A. An asphalt plant is on-site but is dry and does not have a liquid discharge. The proposed permit contains limits for total suspended solids, and also contains generic language to protect the waters of the state.

Public Notice No. KS-NQ-22-007/008

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).

Name and Address of Applicant	Legal Location	Type of Discharge
East Side Baptist Church 4425 SE 29th St. Topeka, KS 66605	NE¼, NW¼, NW¼, Section 13, Township 12S, Range 16E of Shawnee County, KS	Non-Overflowing
Kansas Permit No. C-KS72-NO16 Federal Permit No. KSJ000183
Facility Name: East Side Baptist Church
Facility Location: Latitude: 39.01345 Longitude: -95.59289
The proposed action is to reissue an existing, non-discharging State/NPDES permit for an existing, non-discharging facility. The facility is a one Cell Wastewater Stabilization Lagoon System with a total surface area of 0.25 acres and has a rated flow of 1,230 gallons per day. The proposed permit contains generic language to protect the waters of the state. The proposed permit also contains a schedule of compliance which is as follows: “By January 1, 2023, the facility shall have a KDHE-certified operator to supervise the operation of this facility in compliance with K.S.A. 65-4501 et seq. and K.A.R. 28-16-30 et seq. Permittee shall report the certified operator’s name and KDHE certification number to KDHE.”
Name and Address of Applicant	Legal Location	Type of Discharge
Ingalls, City of PO Box 103 Ingalls, KS 67853	E½, NE¼, NE¼, Section 36, Township 25S, Range 29W of Gray County, KS	Non-Overflowing
Kansas Permit No. M-UA20-NO02 Federal Permit No. KSJ000628
Facility Name: Ingalls Wastewater Treatment Facility
Facility Location: Latitude: 37.83841 Longitude: -100.44785
The proposed action is to reissue an existing, non-discharging State/NPDES permit for an existing, non-discharging facility. The facility is a Two Cell Wastewater Stabilization Lagoon System with a total surface area of 7.28 acres (Cell 1 = 3.05 acres, Cell 2 = 4.23 Acres), contains a lift station, has a design flow of 0.060 MGD and a rated flow of 0.0704 MGD, and has a rated P.E. of 704 at 100 GPCD. The proposed permit contains generic language to protect the water of the state, as well as the following schedule of compliance: “..By January 1, 2023, the facility shall have a KDHE-certified operator to supervise the operation of this facility in compliance with K.S.A. 65-4501 et seq. and K.A.R. 28-16-30 et seq. Permittee shall report the certified operator’s name and KDHE certification number to KDHE.”

Public Notice No. KS-PT-22-008/009

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
Global Industries Inc. PO Box 629 Clay Center, KS 67432	Clay Center MWWTP	Processed Wastewater
Kansas Permit No. P-LR05-IO02 Federal Permit No. KSP000052
Facility Name: Hutchinson/Mayrath
Facility Location: 514 W. Crawford, Clay Center, KS 67432
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility manufactures grain handling equipment including portable augers, chain/paddle conveyors. Some parts are bead blasted, while other parts are cleaned with liquid chemicals. Metal parts that are cleaned with solutions to prepare them for paint, are processed in a five-stage phosphating operation. These metal parts are then painted in a powder coating operation. Contents of the process tanks from the phosphating operation are batch and continuously discharged to an underground pit, when the washer is used. The wastewater in the pit can be adjusted before being released to the city sanitary sewer system. The proposed permit contains limits for pH, total toxic organics, cadmium, chromium, copper, lead, nickel, silver, zinc, and cyanide.
Name and Address of Applicant	Receiving Facility	Type of Discharge
Timken SMO, LLC 2601 W. Battlefield Rd. Springfield, MO 65807	Fort Scott WWTP	Processed Wastewater
Kansas Permit No. P-MC11-OO03 Federal Permit No. KSP000115
Facility Name: Timken SMO LLC
Facility Location: 4505 Campbell Dr., Fort Scott, KS 66701
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility manufactures natural and synthetic rubber transmission belts. No rubber blending or mixing occurs on-site, and no lead-sheathed hoses are produced. Rubber belts are manufactured by combining layers of rubber sheeting materials and cord, cutting and curing operations, to create the final product. Wastewater from the rubber processing operations is discharged from four Outfalls on a batch basis. The proposed permit contains limits for pH, oil and grease, and lead; 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 November 26, 2022 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- 22-272/277, KS-Q-22-097/104, KS- NQ-22-007/008, KS-PT-22-008/009) 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. 050619