An official State of Kansas government website.

Government Website icon

The .gov means it's official.
A .gov website belongs to an official government organization in the United States.

Padlock icon

The site is secure.
The https:// or lock icon ensures you're safely connected to the website and any information you provide is encrypted.

Publications iconKansas Register

Print icon

Volume 42 - Issue 7 - February 16, 2023

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-23-036/038

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant		 Legal Description Receiving Water
Dustin Torneden
24426 Loring Rd.
Lawrence, KS 66044		 SW/4 of Section 12
T12S, R20E
Leavenworth County		 Kansas River Basin
Kansas Permit No. A-KSLV-S020
The proposed action is to modify and reissue the existing state permit for a facility for a proposed maximum capacity of 380 head (38 animal units) of swine weighing 55 pounds or less and 652 head (260.8 animal units) of swine weighing more than 55 pounds for a facility total of 298.8 animal units. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to remove the existing dairy operation in place of a swine grow to finish operation that will consist of three enclosed buildings, and four hoop structures. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address
of Applicant		 Legal Description Receiving Water
Meder Dairy
Tom Meder
323 Pfeifer Ave.
Pfeifer, KS 67660		 SE/4 of Section 24
T15S, R17W
Ellis County		 Smoky Hill River Basin
Kansas Permit No. A-SHEL-M008
The proposed action is to reissue an existing state permit for an existing facility for 30 head (30 animal units) of cattle weighing greater than 700 pounds, 150 head (75 animal units) of cattle weighing 700 pounds or less, and 150 head (210 animal units) of mature dairy cows for a total of 315 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
Seaboard Foods, LLC - Tuttle Nursery #113
13100 S. Road D
Ulysses, KS 67881		 NE/4 of Section 33
T30S, R38W
Grant County		 Cimarron River Basin
Kansas Permit No. A-CIGT-H003
Federal Permit No. KS0096997
The proposed action is to reissue an existing NPDES permit for an existing facility for 10,800 head (1,080 animal units) of swine weighing 55 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 Nutrient Management Plan on file with KDHE.

Public Notice No. KS-AG-R-23-003

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

Name and Address
of Registrant		 Legal Description County
Seaboard Foods, LLC - Nursery Farms 130 and 140
2801 Hurliman Rd.
Guymon, OK 79342		 E/2 of the NE/4 of Section 24
T32S, R41W		 Morton

Public Notice No. KS-Q-23-020/024

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
Bushton, City of
PO Box 194
Bushton, KS 67427		 Cow Creek via Plum Creek
via unnamed tributary		 Treated Domestic Wastewater
Kansas Permit No. M-AR15-OO01
Federal Permit No. KS0022250
Legal Description: NE½, SE¼, NW¼, Section 11, Township 18S, Range 10W of Rice County, Kansas
Facility Location: Latitude: 38.50196, Longitude: -98.39741
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, Imhoff tank, trickling filter, final clarification, sludge digestion, and sludge drying beds. 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 pH.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Geneseo, City of
PO Box 257
Geneseo, KS 67444		 Little Arkansas River Treated Domestic Wastewater
Kansas Permit No. M-LA04-O002
Federal Permit No. KS0098175
Legal Description: NW¼, SW¼, SW¼, Section 6, Township 18S, Range 7W of Rice County, Kansas
Facility Location: Latitude: 38.51029, Longitude: -98.14699
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 272 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, Arsenic, and Selenium.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
LeRoy, City of
PO Box 356
LeRoy, KS 66857-0356		 Crooked Creek Treated Domestic Wastewater
Kansas Permit No. M-NE42-OO01
Federal Permit No. KS0030813
Legal Description: S½, SW¼, NW¼, Section 2, Township 23S, Range 16E of Coffey County, Kansas
Facility Location: Latitude: 38.07606, Longitude: -95.62657
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 facility receives domestic wastewater from residential and commercial areas. The detention time at design flow is 106 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia, as well as monitoring for pH and E. coli. By April 1, 2023, the facility shall retain 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.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
West Mineral, City of
PO Box 120
West Mineral, KS 66782		 Cherry Creek via
unnamed tributary		 Treated Domestic Wastewater
Kansas Permit No. M-NE48-OO01
Federal Permit No. KS0080861
Legal Description: SE¼, SW¼, Section 5, Township 32S, Range 23E of Cherokee County, Kansas
Facility Location: Latitude: 37.28368, Longitude: -94.91640
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 facility receives domestic wastewater from residential and commercial areas. The detention time at design flow is 122 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH, E. coli, Dissolved Oxygen, and Sulfates. 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 criteria (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 January 24, 2023 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 8.9 mg/L for this facility. The EED was completed on January 27, 2023.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Willowbrook, City of
PO Box 1067
Hutchinson, KS 67504		 Cow Creek Treated Domestic Wastewater
Kansas Permit No. M-AR95-OO02
Federal Permit No. KS0093050
Legal Description: NW¼, NW¼, NE¼, Section 33, Township 22S, Range 6W of Reno County, Kansas
Facility Location: Latitude: 38.09917, Longitude: -97.98560
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 areas. The detention time at design flow is 202 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coli; as well as monitoring for pH, Total Phosphorus, and Chloride.

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 March 18, 2023, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-23-036/038, KS-AG-R-23-003, KS-Q-23-020/024) 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
Department of Health and Environment

Doc. No. 050896

Secretary of State Seal