Volume 42 - Issue 24 - June 15, 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-23-142/144

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Perrier Feed Yard – Whirlwind John Perrier 10550 Whirlwind Rd. Dodge City, KS 67801	SE/4 of Section 25 & NE/4 of Section 36 T28S, R26W Ford County	Cimarron River Basin
Kansas Permit No. A-CIFO-C002 Federal Permit No. KS0115711
The proposed action is to reissue an existing NPDES permit for an existing facility for 4,500 head (4,500 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
Ruff Farms, Inc. Ruff Farms Feedlot 39344 SE O Rd. Hanston, KS 67849	S/2 of Section 24 T22S, R22W Hodgeman County	Upper Arkansas River Basin
Kansas Permit No. A-UAHG-C004 Kansas Permit No. KS0085413
The proposed action is to reissue an existing NPDES permit for an existing facility for 4,950 head (4,950 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
TMC Feeders LLC dba Cutler Cattle 5010 Big Valley Dr. Scott City, KS 67871	SW/4 of Section 22 T17S, R33W Scott County	Smoky Hill River Basin
Kansas Permit No. A-SHSC-C011 Federal Permit No. KS0087513
The proposed action is to reissue an existing NPDES permit for an existing facility for 4,900 head (4,900 animal units) of cattle weighing more than 700 pounds and 10 head (20 animal units) of horses. 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-23-012

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

Name and Address of Registrant	Legal Description	County
4J Land & Cattle, LLC 1223 20th Ave. Galva, KS 67443	SE/4 of Section 32 T19S, R02W	McPherson

Public Notice No. KS-Q-23-089/092

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
Hiawatha, City of 701 Oregon St. Hiawatha, KS 66434	Missouri River via North Fork Wolf Creek	Treated Domestic Wastewater
Kansas Permit No. M-MO08-OO03 Federal Permit No. KS0096440
Legal Description: NE¼, SW¼, NE¼, Section 32, Township 2S, Range 17E of Brown County, Kansas
Facility Location: Latitude: 39.83642, Longitude: -95.53264
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: Lift station, vortex grit removal, mechanical screen, extended aeration activated sludge Aero-Mod system, UV disinfection, sludge belt filter press, and effluent reuse for golf course irrigation. 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, pH, Ammonia, and E. coli; as well as monitoring for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen. Permittee has received a Consent Order Case Docket No. 21-E-036 BOW from KDHE. Permittee shall implement the requirements of the Consent Order and any amendments or replacements thereto. The final effluent limits shall be effective September 1, 2025.
Name and Address of Applicant	Receiving Stream	Type of Discharge
La Harpe, City of PO Box 10 La Harpe, KS 66751	Elm Creek via unnamed tributary via constructed wetlands	Treated Domestic Wastewater
Kansas Permit No. M-NE39-OO02 Federal Permit No. KS0094251
Legal Description: NE¼, SW¼, Section 34, Township 24S, Range 19E of Allen County, Kansas
Facility Location: Latitude: 37.91281, Longitude: -95.31094
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 leachate from a local solid waste landfill. The detention time at design flow is 121 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH, E. coli, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Oswego, City of PO Box 210 Oswego, KS 67356	Labette Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-NE53-OO01 Federal Permit No. KS0047554
Legal Description: S½, NW¼, Section 20, Township 33S, Range 21E of Labette County, Kansas
Facility Location: Latitude: 37.15878, Longitude: -95.13577
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 and performs disinfection of effluent for irrigation of the local golf course. The facility receives domestic wastewater from residential and commercial areas. The detention time at design flow is 209 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH, E. coli, and Total Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Parsons, City of PO Box 1037 Parsons, KS 67357	Neosho River via Labette Creek	Treated Domestic Wastewater
Kansas Permit No. M-NE55-OO02 Federal Permit No. KS0097560
Legal Description: SE¼, SW¼, Section 29, Township 31S, Range 20E of Labette County, Kansas
Facility Location: Latitude: 37.31247, Longitude: -95.24248
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: Headworks, Aeration Basins (2), Final Clarifiers (2), Aerobic Digesters (2), Sludge Holding Tanks, Belt Filter Press, Peak Flow Pump Station, Peak Wet Weather Flow Holding Basins, UV Disinfection, Reaeration, and Septage Receiving Station. 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, pH, Ammonia, E. coli, Dissolved Oxygen, and Total Phosphorus; as well as monitoring for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen.

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 July 15, 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-23-142/144, KS-AG-R-23-012, KS-Q-23-089/092) 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, Section Chief, 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 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. 051225