State of Kansas

Department of Health and Environment

Notice Concerning Kansas/Federal Water Pollution Control Permits and Applications

In accordance with Kansas Administrative Regulations 28-16-57 through 63, 28-18-1 through 15, 28-18a-1 through 32, 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-10-105

Application(s) for New or Expansion of Existing Swine Facilities

This is an application for a permit for expansion at an existing swine facility for 6,080 head (2,432 animal units) of swine weighing greater than 55 pounds. This represents an increase in the permitted animal units from the previous permit. A new or modified permit will not be issued without additional public notice.

Public Notice No. KS-AG-10-106/115

Pending Permits for Confined Feeding Facilities

This is a new permit for an existing facility for 120 head (168 animal units) of mature dairy cattle, 25 head (12.5 animal units) of cattle weighing less than 700 pounds and 4 head (8 animal units) of horses. A new wastewater control system to control dairy parlor waste will include a concrete manure solids storage structure, and a sedimentation basin and an earthen wastewater retention structure are proposed. Grass buffers will be established and maintained to control runoff from the facility.

This permit is being reissued for a confined animal feeding operation for 26,000 head (26,000 animal units) of cattle weighing greater than 700 pounds. There is no change from the permitted animal units from the previous permit. This facility has an approved Nutrient Management Plan on file.

This permit is being reissued to an existing private truck wash with an average of 10 washed per week.

This permit is being reissued to an existing facility with a maximum capacity of 950 head (950 animal units) of cattle weighing more than 700 pounds. There is no change in the permitted animal units from the previous permit.

This permit is being reissued for a confined animal feeding operation for 900 head (450 animal units) of cattle weighing 700 pounds or less. There is no change in the permitted animal units from the previous permit.

This permit is being reissued for an existing dairy facility for 80 head (112 animal units) of mature dairy cattle. There is no change in the permitted animal units.

This permit is being reissued for an existing swine facility consisting of four (4) enclosed buildings, a concrete settling tank and two (2) earthen lagoons for 854 head (341.6 animal units) of swine weighing more than 55 pounds and 720 head (72 animal units) of swineweighing 55 pounds or less, for a total capacity of 1,574 head (413.6 animal units). There is no change in the permitted animal units.

This permit is being reissued for an existing swine facility consisting of one enclosed building with a concrete pit for a maximum capacity of 1,500 head (600 animal units) of swine weighing more than 55 pounds. There is no change in the permitted animal units.

This permit is being reissued to an existing facility with a maximum capacity of 450 head (180 animal units) of swine weighing more than 55 pounds and 1,890 head (189 animal units) of swine weighing 55 pounds or less. There is no change in the permitted animal units from the previous permit.

This permit is being reissued for an existing facility with a maximum capacity of 240 head (96 animal units) of swine more than 55 pounds and 35 head (35 animal units) of cattle more than 700 pounds, for a total of 131 animal units. This represents an increase of 35 animal units from the previous permit due to a facility change in operations.

Public Notice No. KS-Q-10-075

The requirements of the draft permits public noticed below are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria:

Legal Description: SE1/4, NW1/4, SW1/4, S10, T12S, R17E, Shawnee County

Facility Name: KTA - Topeka Service Area

Facility Location: Milepost 188.15 on I-70

Facility Description: The proposed action consists of reissuance of an existing NPDES/Kansas water pollution control permit for an existing facility. The proposed permit contains limits for biochemical oxygen demand, total suspended solids and E. coli, as well as monitoring for ammonia, total phosphorus, total recoverable lead, and pH.

Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367. All comments regarding the draft documents or application notices received on or before August 28 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-10-105/115, KS-Q- 10-075) and name of the applicant/permittee when preparing comments.

After review of any comments received during the public notice period, the Secretary of Health and Environment will issue 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). All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water. 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 on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays.

Roderick L. Bremby
Secretary of Health and Environment

Doc. No. 038567