Volume 41 - Issue 44 - November 3, 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-22-278/284

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Maple Creek Farms, LLC - Woelk #660-661 Intersection of Road 3 and Road Z Leoti, KS 67861	SE/4 of Section 05 T20S, R38W Wichita County	Upper Arkansas River Basin
Kansas Permit No. A-UAWH-H004 Federal Permit No. KS0095419
The proposed action is to modify and reissue an existing State/NPDES permit for a maximum capacity not to exceed 43,200 head (4,320 animal units) of weaned pigs weighing 70 pounds or less or 21,600 head (8,640 animal units) of finishing swine weighing on average 150 pounds. This facility is being modified for process wastes and wastewaters from the existing two (2) farms (10 swine barns per farm) to be transferred to one (1) new earthen wastewater retention structures that will be utilized as covered anaerobic digesters before wastewater is transferred to the three (3) existing earthen wastewater structures for evaporation. There is no change in the permitted number of animal units from the previous permit.
Name and Address of Applicant	Legal Description	Receiving Water
Zerr Family Farms Mick Zerr 7519 E. Road 130S Park, KS 67751	E/2 of Section 23 T10S, R27W, Sheridan County	Saline River Basin
Kansas Permit No. A-SASD-B013
The proposed action is to reissue an existing state permit for an existing facility for of 950 head (475 animal units) of cattle 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.
Name and Address of Applicant	Legal Description	Receiving Water
Beachy Dairy Jonas Beachy 6052 Udall Rd. Chetopa, KS 67336	SE/4 of Section 13 T34S, R20E Labette County	Neosho River Basin
Kansas Permit No. A-NELB-M014
The proposed action is to reissue an existing state permit for an existing facility for 30 head (15 animal units) of dairy calves, 30 head (30 animal units) of dairy heifers, and 60 head (84 animal units) of mature dairy cattle, for a total of 129 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
Emmett D. Aistrup 26812 NE 231 Rd. Hanston, KS 67849	NW/4 of Section 08 T22S, R21W Hodgeman County	Upper Arkansas River Basin
Kansas Permit No. A-UAHG-B016
The proposed action is to reissue an existing state permit for an existing facility for 600 head (300 animal units) of cattle 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.
Name and Address of Applicant	Legal Description	Receiving Water
Becker Family Farms, Inc. 680 E Rd. Centralia, KS 66415	SE/4 of Section 11 T05S, R10E Marshall County	Big Blue River Basin
Kansas Permit No. A-BBMS-S052
The proposed action is to reissue an existing state permit for an existing facility for 960 head (384 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.
Name and Address of Applicant	Legal Description	Receiving Water
Hartter Brothers Pork - Home Nursery 2548 V Rd. Sabetha, KS 66534	SW/4 of Section 34 T01S, R14E Nemaha County	Kansas River Basin
Kansas Permit No. A-KSNM-S043
The proposed action is to reissue an existing state permit for an existing facility for 2,400 head (240 animal units) of swine weighing less 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.
Name and Address of Applicant	Legal Description	Receiving Water
Schwarz Feedlot, Inc. 1326 CR 37 Menlo, KS 67753	E/2 of Section 36 T08S, R31W Thomas County	Solomon River Basin
Kansas Permit No. A-SOTH-C004 Federal Permit No. KS0081337
An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 4,000 head (4,000 animal units) of cattle weighing more than 700 pounds. The facility’s NMP was updated to include changes in the application rate limitations for their fields. One of the fields application rate limitation has become less restrictive than the previous NMP. There are no changes to the permit or in the permitted number of animal units. Only the updated portion of the Nutrient Management Plan is subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.

Public Notice No. KS-Q-22-105/107

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
Coffeyville, City of PO Box 1629 Coffeyville, KS 67337	Verdigris River via Storm Sewer	Processed Wastewater
Kansas Permit No. I-VE09-PO04 Federal Permit No. KS0080039
Legal Description: NW ¼ Section 1, Township 35S, Range 16E of Montgomery County
Facility Location: 605 Santa Fe St., Coffeyville, KS 67337
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a natural gas fired steam electric generating station used for peaking and emergency power which is normally operated during the months of July through September each year. About 57,300 gallons per day of cooling tower blowdown is discharged to Outfall 001A, via a storm sewer. Domestic waste and demineralizer regenerate are connected to the city sanitary sewer. Any boiler cleaning waste will also be directed to city sanitary sewer or will be shipped off site. The proposed permit contains limits for pH and monitoring requirements for flow, total residual chlorine, temperature, and priority pollutant scan.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Goessel, City of PO Box 347 Goessel, KS 67053	Emma Creek via Middle Emma Creek	Treated Domestic Wastewater
Kansas Permit No. M-LA05-OO02 Federal Permit No. KS0081060
Legal Description: NE¼, NW¼, SE¼ of Section 8, Township 21S, Range 1E of Marion County, KS
Facility Location: 101 S. Cedar St., Goessel, KS 67053
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a four cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The detention time at the design flow is 123 days. Due to recent failures to meet effluent limitations for biochemical oxygen demand, total suspended solids, and E. coli the permittee shall complete the following by the deadlines: The permittee has been referred to KDHE technical assistance providers for assistance. The permittee shall implement the operational changes to meet effluent permit limits. The permittee shall submit update reports of operational changes implemented and results quarterly. The first quarterly update report shall be due April 15, 2023, and every three months thereafter. If the implemented operational changes have not consistently reduced the effluent below final limits by May 1, 2024, the permittee shall hire a Kansas-Licensed engineering consultant to develop a facility plan to bring the facility into consistent compliance with the final effluent limits. Upgrading and/or expanding the lagoon to add effluent irrigation and/or to become non-discharging must be considered. Permittee shall notify KDHE of the engineering consultant hired by July 1, 2024. By March 1, 2025, the engineering report and schedule of recommended improvements to improve effluent quality shall be submitted to KDHE for review and approval. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, ammonia, E. coli, as well as monitoring for pH and total phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Mid-States Materials, LLC – Wilsey Quarry PO Box 236 Topeka, KS 66601	Neosho River via Four Mile Creek via Paddy Creek	Processed Wastewater
Kansas Permit No. I-NE69-PO01 Federal Permit No. KS0101095
Legal Description: SW ¼ of Section 11, Township 17S, Range 7E of Morris County, KS
Facility Location: Latitude: 38.58502 Longitude: -96.62939
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a limestone quarrying and crushing operation, with no washing. Outfalls 001A and 002A consists of stormwater runoff and quarry pit water. The proposed permit contains generic language to protect the waters of the state.

Public Notice No. KS-PT-22-010/011

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 Wastes	Type of Discharge
Great Plains Manufacturing, Inc. 1525 E. North St. Salina, KS 67402-5060	Kipp MWWTP	Processed Wastewater
Kansas Permit No. P-SH46-OO01 Federal Permit No. KSP000099
Facility Location: 244 N. Hugh, Kipp, KS 67401
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility manufactures various types of farm tillage equipment such as dirt blades, rakes and disc harrows. Steel parts are welded, phosphated and painted to produce the final products. Regulated wastes consist of wastewater from a conversion coating (phosphating) operation, which is a pressure spray gun system in a wash booth. Spent phosphating wastes from this system is collected in a sump pit and pumped to one of the three tanks in the treatment system. Outfall 001A is the point where treated effluent from the treatment system is discharged to the city sewer, which is also the designated sampling location. 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 Wastes	Type of Discharge
New Age Industrial Corporation, Inc. PO Box 520 Norton, KS 67654	Norton MWWTP	Processed Wastewater
Kansas Permit No. P-UR16-OO01 Federal Permit No. KSP000112
Facility Location: 16788 E. US-36 Hwy., Norton, KS 67654
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility extrudes aluminum alloy billets into various products such as aluminum carts and shelves. The amount of aluminum extruded varies from month to month but usually averages around 15,000 lbs. /day. Approximately 19,000 lbs. /day of aluminum is then processed in a metal washing operation, consisting of an automated system and a wash bay, which is batch discharge. Outfall 001A consists of the discharge from these two washing operations. Outfall 002A consists of wastes discharged from the aluminum extruding operation, which would be waste from the die cleaning process. Outfall 003A would be the discharge from the vibrating tumbling operation that is used to process aluminum metal parts. The proposed permit contains limits for pH, chromium, cyanide, zinc, oil and grease, total toxic organics, as well as monitoring for flow and phosphorus.

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 3, 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-22-278/284, KS-Q-22-105/107, KS-PT-22-010/011) 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

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