Issue 25 - 06-20-2024 | Department of Health and Environment | Notice of Proposed Kansas/Federal Water Pollution Control Permits and Applications (2024)

Volume 43 - Issue 25 - June 20, 2024

State of Kansas

Department of Health and Environment

Notice of Proposed 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.

Las acciones propuestas con respecto a los documentos preliminares se basan en la revisión del personal, aplicando los estándares, regulaciones y limitaciones de efluentes apropiados del estado de Kansas y de la Agencia de Protección Ambiental de Estados Unidos. La acción final resultará en la emisión de una Autorización Federal del Sistema Nacional de Eliminación de Descargas de Contaminantes y un permiso de Control de Contaminación del Agua de Kansas, sujeto a ciertas condiciones, revocación y reemisión del permiso designado o terminación del permiso designado. Si desea obtener más información en español o tiene otras preguntas, por favor, comuníquese con el Coordinador de No Discriminación al 785-296-5156 o en: KDHE.NonDiscrimination@ks.gov.

Public Notice No. KS-AG-24-167/169

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal DescriptionReceiving Water
Edwin F. Welch Trust #1
387 20th Rd.
Haddam, KS 66944
SE/4 of Section 21
T02S, R01E
Washington County
Big Blue River Basin
Kansas Permit No. A-BBWS-B002
The proposed action is to reissue an existing state permit for an existing facility for 600 head (600 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 Waste Management Plan on file with KDHE.
Name and Address
of Applicant
Legal DescriptionReceiving Water
Ward Feed Yard, Inc. - Grower Yard
PO Box H
Larned, KS 67550
SW/4 of Section 25
T21S, R16W
Pawnee County
Upper Arkansas River Basin
Kansas Permit No. A-UAPN-B006
The proposed action is to reissue an existing state permit for an existing facility for 990 head (990 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 Waste Management Plan on file with KDHE.
Name and Address
of Applicant
Legal DescriptionReceiving Water
Dalbom, Inc.
1061 W. 119th St.
Conway Springs, KS 67031
NW/4 of Section 04
T30S, R03W
Sumner County
Lower Arkansas River Basin
Kansas Permit No. A-ARSU-M007
The proposed action is to reissue an existing state permit for an existing facility for 200 head (280 animal units) of mature dairy cattle, 30 head (15 animal units) of cattle 700 pounds or less, and 40 head (40 animal units) of cattle more than 700 pounds, for a total of 335 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.

Public Notice No. KS-Q-24-116/118

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 StreamType of Discharge
Lone Star Services, LLC
Larry Romme
PO Box 499
Liberal, KS 67905
Treated Domestic
Permit No. C-CI10-NO01
Federal Permit No. KSJ000218
Legal Description: SW¼, NW¼, NW¼, Section 13, Township 35S, Range 34W, Seward County, Kansas
Location: 37.008053, -100.975835
The proposed action is to reissue an existing permit. Two cell wastewater lagoon facility with only one cell in use. This permit contains as schedule of compliance to address an oversized facility and inadequate treatment. This permit contains generic language to protect water quality.
Name and Address
of Applicant
Receiving StreamType of Discharge
Native Stone Company
7820 SW 10th St.
Topeka, KS 66615
Maris des Cygnes River
via Hill Creek
via Unnamed Tributary
Process Wastewater
Permit No. I-MC09-PO03
Federal Permit No. KS0100579
Legal Description: SW¼ of Section 25, Township 13S, Range 11E, Wabaunsee County, Kansas
Location: 38.88799, -96.14233
The proposed action consists of reissuing the NPDES permit for this facility. No significant changes were made to the permit. This facility strip mines slab rock used in landscaping lawns, retaining walls and for other purposes. Outfall 001A consists of storm-water runoff. This permit contains generic language to protect water quality.
Name and Address
of Applicant
Receiving StreamType of Discharge
Koch – Glitsch LP
4111 E. 37th St N.
Wichita, KS 67220
Arkansas River
via East Fork Chisholm Creek
via Unnamed Tributary
Process Wastewater
Permit No. I-AR94-PO06
Federal Permit No. KS0099805
Legal Description: SW¼ Section 35, Township 26S, Range 1E, Sedgwick County, Kansas
Location: 37.74474, -97.29529
The proposed action consists reissuance of a Kansas/NPDES Water Pollution Control Permit for an existing groundwater contamination remediation treatment system. This is a groundwater remediation and plume control project. Contaminated groundwater from six extraction wells is treated by pumping into a holding tank and then re-pumped into two bag filters in series, and two carbon filters in series. Discharge from the treatment system can either be directly discharged to the unnamed tributary or routed to an onsite stormwater retention pond to maintain pond levels and to provide treated wastewater/stormwater storage for facility site irrigation. The total proposed design discharge from the treatment system is about 86,400 gallons/day. This permit contains limits for Trichloroethylene, and pH. The permit contains monitoring for Flow – MGD, Chloride, Total Phosphorus, Trichloroethylene, and Carbon Tetrachloride.

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 20, 2024, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-24-167/169, KS-Q-24-116/118) 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, 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 Jada Martin at 1000 SW Jackson St., Suite 430, Topeka, KS 66612, telephone 785-296-0076 or email at kdhe.feedlots@ks.gov. Las preguntas o comentarios por escrito deben dirigirse a Erich Glave, Director, Bureau of Environmental Field Services en KDHE: 1000 SW Jackson St., Suite 430, Topeka, KS 66612-1367; por correo electrónico: kdhe.feedlots@ks.gov; por teléfono: 785-296-6432. For all other proposed permits or actions an appointment can be scheduled, or copies requested by contacting Jamie Packard, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-4148 or email at Jamie.Packard@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. 052230

Issue 25 - 06-20-2024 | Department of Health and Environment | Notice of Proposed Kansas/Federal Water Pollution Control Permits and Applications (2024)

FAQs

Why was the Federal Water Pollution Control Act amended? ›

The Federal Water Pollution Control Act of 1948 was the first major U.S. law to address water pollution. Growing public awareness and concern for controlling water pollution led to sweeping amendments in 1972. As amended in 1972, the law became commonly known as the Clean Water Act (CWA).

What is the Clean Water Act code of federal regulations? ›

Clean Water Act section 303(d) requires states to list surface waters not attaining (or not expected to attain) water quality standards after the application of technology-based effluent limits; and, states normally must prepare and implement a Total Maximum Daily Load for all waters on the Clean Water Act section 303( ...

What does this US federal law the Clean Water Act of 1972 do? ›

The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters.

What is Section 404 of the Federal Water Pollution Control Act amendments of 1972 33 USC 1334? ›

Section 404 of the CWA prohibits the discharge of excavated or fill material into waters of the U.S (jurisdictional waters) without a permit from the Corps.

What are the examples of violating the Clean Water Act? ›

Common Violations

Illegal discharge of pollutants to a water of the United States. The removal and disposal of regulated asbestos containing materials in a manner inconsistent with the law and regulations. Illegal importation of certain restricted or regulated chemicals into the United States.

Is the Federal Water Pollution Control Act the same as the Clean Water Act? ›

Technically, the name of the law is the Federal Water Pollution Control Act. The first FWPCA was enacted in 1948, but took on its modern form when completely rewritten in 1972 in an act entitled the Federal Water Pollution Control Act Amendments of 1972.

What are three regulations of the Clean Water Act? ›

Federal facilities have regulatory responsibilities under the Clean Water Act, including: preventing water pollution. obtaining discharge permits. meeting applicable water quality standards.

What is the federal water rights law? ›

The Federal Reserved Water Rights Doctrine states that when the federal government sets aside lands for a particular purpose, it also reserves a sufficient amount of water to support that particular purpose.

What are federally regulated waters? ›

Federally controlled waters are waters on which vessels must observe federal requirements, including visual distress signal requirements. These waters include: Coastal waters. The Great Lakes.

Is the Clean Water Act good or bad? ›

The Clean Water Act has been successful at reducing pollution that enters our rivers and lakes from 'point sources. ' These are single, identifiable sources of pollution like wastewater treatment plants and factories. However, 'nonpoint source' pollution is still a significant problem for clean water.

What did the Clean Water Act make illegal? ›

The statute's provisions are straightforward from an enforcement perspective: Stated objective: “to restore and maintain the chemical, physical, and biological integrity of the Nation's waters.” One of the statute's principal provisions provides that “the discharge of any pollutant by any person shall be unlawful.”

What is a pollutant under the Clean Water Act? ›

(6) The term "pollutant" means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.

What is Section 319 of the Federal Clean Water Act? ›

Background: The 1987 amendments to the Clean Water Act (CWA) established the Section 319 Nonpoint Source Management Program Section 319 addresses the need for greater federal leadership to help focus state and local nonpoint source efforts.

What is Section 311 of the Federal Clean Water Act? ›

Section 311 prohibits discharging oil or hazardous substances into the navigable waters of the United States and adjoining shorelines, except where permitted under international protocol or under conditions that the President (i.e., through EPA regulations and authorities) determines not to be harmful.

What is Section 401 of the Federal Clean Water Act? ›

Section 401 Certification

The Clean Water Act (CWA) gives states and authorized tribes the authority to grant, deny, or waive certification of proposed federal licenses or permits that may discharge into waters of the United States. Learn more about 401 certification.

Why was the Clean Water Act amended in 1977? ›

Congress has recognized that toxic substances have become the most serious water pollution problem in recent years. The 1977 Act strengthens EPA's authority to control toxic pollutants by: requiring industry to meet best available technology standards for specified toxic pollutants by July 1, 1984.

Why was the Federal Water Pollution Control Act ineffective? ›

That began to change in 1948, when Congress passed the Federal Water Pollution Control Act. However, this first national framework for water quality regulation, fell flat because it failed to provide adequate federal oversight.

What is the water pollution Amendment? ›

The Water (Prevention and Control of Pollution) Amendment Bill, 2024 was introduced in Rajya Sabha on February 5, 2024. It amends the Water (Prevention and Control of Pollution) Act, 1974. The Act establishes the central and state pollution control boards (CPCB and SPCBs) to prevent and control water pollution.

Why was the Clean Air Act amended? ›

Further amendments were made in 1990 to address the problems of acid rain, ozone depletion, and toxic air pollution, and to establish a national permit program for stationary sources, and increased enforcement authority.

References

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