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-10-125/131

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant

Legal Description

Receiving Water

Ralph Homeier

NE/4 of Section 16,

Smoky Hill River

19588 Mitchell Road

T15S, R12W,
Basin

Dorrance, KS 67634

Russell County

Kansas Permit No. A-SHRS-B004

This is a new permit for an existing facility for a proposed maximum capacity of 700 head (700 animal units) of cattle weighing greater than 700 pounds. Proposed modifications to the facility include the construction of two sediment basins, an earthen retention structure, and additional open lot pens while closing other pens.

Name and Address of Applicant

Legal Description

Receiving Water

Terry Nelson Cow-Calf

SW/4 of Section 04,

Upper Republican

1304 W. Fox Road

T02S, R20W,
River Basin

Long Island, KS 67647

Phillips County

Kansas Permit No. A-URPL-C002

Federal Permit No. KS0098191

This is a permit modification and reissuance for a confined animal feeding operation for 800 head (800 animal units) of cattle weighing greater than 700 pounds and 800 head (400 animal units) of cattle weighing 700 pounds or less, for a total of 1,200 head animal units of cattle. There is no change in the permitted animal units from the previous permit. The permittee has modified the runoff storage basin. This facility has an approved Nutrient Management Plan on file.

Name and Address of Applicant

Legal Description

Receiving Water

Sunflower Jerseys

SW/4 of Section 18,

Lower Arkansas

Roman Yoder
T24S, R06W,
River Basin

6608 W. Longview Road

Reno County

Hutchinson, KS 67501

Kansas Permit No. A-ARRN-M034

This permit is being reissued for an existing dairy facility for 45 head (63 animal units) of mature dairy cattle and 30 head (15 animal units) of cattle weighing less than 700 pounds, for a total capacity of 75 head (78 animal units). This represents a decrease in the permitted animal units from the previous permit.

Name and Address of Applicant

Legal Description

Receiving Water

Beachy Dairy

NW/4 of Section 08,

Lower Arkansas

RomanS.Beachy
T24S, R06W,
River Basin

6202 S. Whiteside Road

Reno County

Hutchinson, KS 67501

Kansas Permit No. A-ARRN-M040

This permit is being reissued for an existing facility for 70 head (98 animal units) of mature dairy cattle, 10 head (10 animal units) of cattle weighing more than 700 pounds and 10 head (5 animal units) of cattle weighing less than 700 pounds, for a total capacity of 90 head (113 animal units). This represents an increase in the permitted animal units from the previous permit.

Name and Address of Applicant

Legal Description

Receiving Water

V.H. Farms, Inc.

NW/4 of Section 24,

Little Arkansas

Randy Wilt
T20S, R07W,
River Basin

1610 24th Road

Rice County

Lyons, KS 67554

Kansas Permit No. A-LARC-S003

This permit is being reissued for an existing facility with a maximum capacity of 2,200 head (880 animal units) of swine more than 55 pounds and 1,100 head (110 animal units) of swine 55 pounds or less, for a total of 990 animal units. There is no change in the permitted animal units from the previous permit.

Name and Address of Applicant

Legal Description

Receiving Water

John Robson

W/2 of Section 01,

Smoky Hill River

618 1300 Ave.
T15S, R01E,
Basin

Abilene, KS 67410

Dickinson County

Kansas Permit No. A-SHDK-B014

This permit is being reissued for an existing facility with a maximum capacity of 280 head (280 animal units) of beef cattle more than 700 pounds and 320 head (160 animal units) of beef cattle 700 pounds or less, for a total of 440 animal units. There is no change in the permitted animal units from the previous permit.

Name and Address of Applicant

Legal Description

Receiving Water

John Robson

SW/4 of Section 12,

Smoky Hill River

618 1300 Ave.
T15S, R01E,
Basin

Abilene, KS 67410

Dickinson County

Kansas Permit No. A-SHDK-B002

This permit is being reissued for an existing facility with a maximum capacity of 260 head (260 animal units) of cattle more than 700 pounds. There is no change in the permitted animal units from the previous permit.

Public Notice No. KS-Q-10-087/098

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:

Name and Address of Applicant

Receiving Stream

Type of Discharge

Atlanta, City of

Timber Creek via

Treated Domestic

P.O. Box 15

Dutch Creek via

Wastewater

Atlanta, KS 67008-0015

Unnamed Tributary

Kansas Permit No. M-WA02-OO01

Federal Permit No. KS0086801

Legal Description: NE1.4, S16, T30S, R6E, Cowley County

Name and Address of Applicant

Receiving Stream

Type of Discharge

Douglass, City of

Walnut River

Treated Domestic

P.O. Box 412
Wastewater

Douglass, KS 67039

Kansas Permit No. M-WA07-OO03

Federal Permit No. KS0097845

Legal Description: NW1.4,NW1.4,NW1.4, S29, T29S, R4E, Butler County

Name and Address of Applicant

Receiving Stream

Type of Discharge

Westmoreland, City of

East Fork Rock

Treated Domestic

P.O. Box 7
Creek
Wastewater

Westmoreland, KS 66549

Kansas Permit No. M-KS75-OO01

Federal Permit No. KS0046485

Legal Description: W1.2,NE1.4,SE1.4, S4, T8S, R9E, Pottawatomie County

Facility Descriptions: The proposed action is to reissue the above existing permits for the operation of existing wastewater treatment facilities. The proposed permits contain limits for biochemical oxygen demand and total suspended solids, as well as monitoring for ammonia, E. coli and pH.

Name and Address of Applicant

Receiving Stream

Type of Discharge

Belvue, City of

Kansas River via

Treated Domestic

P.O. Box 27

Lost Creek via

Wastewater

Belvue, KS 66407

Unnamed Tributary

Kansas Permit No. M-KS05-OO01

Federal Permit No. KS0046370

Legal Description: SE1.4,SW1.4,SE1.4, S34, T9S, R11E, Pottawatomie County

Name and Address of Applicant

Receiving Stream

Type of Discharge

Rossville, City of

Cross Creek

Treated Domestic

P.O. Box 337
Wastewater

Rossville, KS 66533

Kansas Permit No. M-KS64-OO01

Federal Permit No. KS0046477

Legal Description: NW1.4,SW1.4, S34, T10S, R13E, Shawnee County

Facility Descriptions: The proposed action is to reissue the above existing permits for the operation of existing wastewater treatment facilities. The proposed permits contain limits for biochemical oxygen demand and total suspended solids, as well as monitoring for ammonia, E. coli, phosphorus and pH.

Name and Address of Applicant

Receiving Stream

Type of Discharge

Summerfield, City of

Black Vermillion

Treated Domestic

P.O. Box 100
River via
Wastewater

Summerfield, KS 66541

Robidoux Creek

Kansas Permit No. M-BB23-OO01

Federal Permit No. KS0025500

Legal Description: S1.2,NW1.4,SE1.4 and N1.2,SW1.4,SE1.4, S1, T1S, R9E,

Marshall County

Name and Address of Applicant

Receiving Stream

Type of Discharge

Wheaton, City of

Clear Fork to

Treated Domestic

342 Main St.

Black Vermillion

Wastewater

Wheaton, KS 66551

River

Kansas Permit No. M-KS79-OO01

Federal Permit No. KS0094013

Legal Description: NW1.4,NW1.4,NE1.4, S29, T6S, R10E, Pottawatomie County

Facility Description: The proposed action is to reissue the above existing permits for the operation of existing wastewater treatment facilities. The proposed permits contain limits for biochemical oxygen demand, total suspended solids and E. coli, as well as monitoring of ammonia, total phosphorus, total recoverable copper and lead, and pH.

Name and Address of Applicant

Receiving Stream

Type of Discharge

Jackson County RWD No. 3

Straight Creek via

Process Water

107 W. 4th St.

Unnamed Tributary

Holton, KS 66436

Kansas Permit No. KS49-PO01

Federal Permit No. KS0096059

Legal Description: NW1.4,NW1.4,NE1.4, S7, T6S, R16E, Jackson County

Facility Description: This is a public water treatment plant. The raw water is treated for iron and manganese removal, filtered and chlorinated prior to introduction into the distribution system. Sludge from the iron/manganese removal system and chlorinated filter backwash water are routed to the single-cell lagoon that overflows to the receiving stream. The proposed permit contains limits for total suspended solids, total residual chlorine and pH.

Name and Address of Applicant

Receiving Stream

Type of Discharge

MGP Ingredients, Inc.

Missouri River via

Process

100 Main St., Box 130

White Clay Creek

Wastewater

Atchison, KS 66002

and Noncontact

Cooling Water

Kansas Permit No. I-MO01-PO01

Federal Permit No. KS0001635

Legal Description: NW1.4, S1, T6S, R20E, Atchison County

Facility Description: The facility receives wheat flour from area mills, which is used in the production of wheat starch, gluten, modified starch and modified gluten, and includes a distillery operation for the production of alcohol. The wastewater is treated in a conditioning tank and an anaerobic digester at the wastewater treatment plant (WWTP) or can be directed to the aeration basin of the activated sludge WWTP and a final clarifier prior to discharge. The treated process wastewater (0.769 mgd) combines with 3.79 mgd average flow of noncontact cooling water and boiler blowdown before discharging to White Clay Creek through a common Outfall 001X1. A carbon dioxide processing facility, which is currently not operating, also can discharge about 7200 gpd of cooling tower blowdown. Waste activated sludge is dewatered on a gravity belt press and used to produce dry animal feed. All domestic wastewater is connected to the city sanitary sewer system. The proposed permit contains limits total residual chlorine, biochemical oxygen demand, total suspended solids, whole effluent toxicity and pH, as well as monitoring of total phosphorus, nitrate+nitrate, total Kjeldahl nitrogen, total nitrogen, temperature, apparent color and effluent flow. Contained in the permit is a schedule of compliance requiring the permittee to construct a new cooling tower and provide KDHE with quarterly status reports during construction.

Name and Address of Applicant

Receiving Stream

Type of Discharge

Oakley, City of

North Branch

Treated Domestic

209 Hudson Ave.

Hackberry Creek

Wastewater

Oakley, KS 67748-1725

via Unnamed
Tributary

Kansas Permit No. M-SH29-OO02

Federal Permit No. KS0100013

Legal Description: SW1.4,NE1.4, S10, T11S, R32W, Logan County

Facility Description: The proposed action is to issue a new permit for the operation of a new wastewater treatment facility. The three-cell lagoon will replace the current mechanical plant. The proposed permit contains limits for biochemical oxygen demand, total suspended solids and E. coli, as well as monitoring of ammonia, sulfate, total recoverable cadmium and selenium, pH and water level in the final cell. Contained in the permit is a schedule of compliance requiring the permittee to complete construction of the new facility.

Name and Address of Applicant

Receiving Stream

Type of Discharge

Public Wholesale Water

Banner Creek
Process

Supply District No. 18

Wastewater

430 Pennsylvania

Holton, KS 66436

Kansas Permit No. I-KS23-PO03

Federal Permit No. KS0096695

Legal Description: NW1.4, S9, T7S, R15E, Jackson County

Facility Description: The proposed action consists of reissuance of an existing Kansas/NPDES Water Pollution Control permit for an existing water treatment plant. The clarifier underflow, filtration backwash, filtration concentrate and associated maintenance wastewaters (0.06 MGD) are discharged to a two-cell wastewater treatment lagoon system. The proposed permit contains limits for total suspended solids, total residual chlorine (TRC) and pH. Contained in the permit is a schedule of compliance requiring the permittee to hire a consultant to determine the cause of TRC violations if the permittee is unable to consistently meet the TRC limit.

Name and Address of Applicant

Receiving Stream

Type of Discharge

Soldier, City of

Soldier Creek

Treated Domestic

P.O. Box 65
Wastewater

Soldier, KS 66540

Kansas Permit No. M-KS70-OO01

Federal Permit No. KS0081035

Legal Description: W1.2,NW1.4, S15, T6S, R13E, Jackson County

Facility Description: The proposed action is to reissue the above existing permit for the operation of an existing wastewater treatment facility. The proposed permit contains limits for biochemical oxygen demand and total suspended solids, as well as monitoring for ammonia, E. coli and pH. Included in this permit is a schedule of compliance requiring the permittee to obtain the services of a KDHE-certified wastewater treatment plant operator to achieve compliance with this permit.

Public Notice No. KS-EG-10-018

In accordance with K.A.R. 28-46-7 and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, draft permits have been prepared for the use of the well(s) described below within the state of Kansas:

Name and Address of Applicant

Occidential Chemical Corporation

6200 S. Ridge Road

Wichita, KS 67277-2283

Facility Location: Wichita, Kansas

Well and Permit Number

Location

Pauly 3-1 / KS-03-173-279

SE1.4,NE1.4,NW1.4, S29, T29S, R02W, Sedgwick County, KS

Pauly 3-2 / KS-03-173-280

SE1.4,NE1.4,NW1.4, S29, T29S, R02W, Sedgwick County, KS

Pauly 3-3 / KS-03-173-281

SE1.4, NW1.4, S291.4, T29S, R02W, Sedgwick County, KS

Pauly 3-4 / KS-03-173-282

SE1.4,NE1.4,NW1.4, S29, T29S, R02W, Sedgwick County, KS

Pauly 3-5 / KS-03-173-283

SE1.4,NE1.4,NW1.4, S29, T29S, R02W, Sedgwick County, KS

Facility Description: The proposed action is to reissue five Class III injection well permits. The injection fluids consist of a mixture of fresh water and unsaturated brine. Injection is to be made into Hutchinson Salt member of the Wellington formation. The top cavity shall be no shallower than 250 feet below land surface and mining shall not extend into the upper 40 feet of the salt member. The maximum operation injection pressure is not to exceed 130 pounds per square inch at the well head. All construction, monitoring and operation of these wells will meet the requirements that apply to Class III injection wells under the Kansas Underground Injection Control Regulations, K.A.R. 28-43-1 through 28-43-11, and Kansas Underground Injection Control Regulations, K.A.R. 28-46-1 through 28-46-44.

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 September 11 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-10-125/131, KS-Q- 10-087/098, KS-EG-10-018) 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:1//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. 038613