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Publications iconKansas Register

Volume 45 - Issue 9 - February 26, 2026

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-26-071/080

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant Legal Description Receiving Water
Fort Scott Washout
Zachary Bradley
525 N. Crawford St.
Fort Scott, KS 66701
SW/4 of Section 19
T25S, R25E
Bourbon County
Marais des Cygnes River Basin
Kansas Permit No. A-MCBB-T001
The proposed action is to issue a new state permit for an existing truck wash. The facility consists of two (2) wash bays with a waste management system consisting of one (1) sedimentation basin that discharges to the city public works treatment system. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant Legal Description Receiving Water
Holste Homestead, Inc.
Harlen Holste
25765 Road U
Ludell, KS 67744
SE/4 of Section 19
T02S, R32W
Rawlins County
Upper Republican River Basin
Kansas Permit No. A-URRA-M003
The proposed action is to reissue an existing state permit for an existing facility for 190 head (190 animal units) of cattle more than 700 pounds and 190 head (95 animal units) of cattle 700 pounds or less, for a total of 285 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
Jackson Flats Washout
Michael Petrocci
640 W. Diamond Dr.
Salina, KS 67401
NE/4 of Section 35
T13S, R03W
Saline County
Saline River Basin
Kansas Permit No. A-SASA-T002
The proposed action is to issue a new state permit for a truck wash facility. The facility will consist of three (3) wash bays, a solids drying pad with runoff settling basin and one (1) wastewater retention structure to wash an average of 25 trucks per day. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant Legal Description Receiving Water
J-Six Enterprises, LLC – Luckeroth Site
623 J Rd.
Corning, KS 66417
SE/4 of Section 04
T05S, R12E
Nemaha County
Kansas River Basin
Kansas Permit No. A-KSNM-S039
The proposed action is to reissue an existing state permit for an existing facility for 2,490 head (996 animal units) of swine weighing greater than 55 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 Description Receiving Water
Kammer Livestock
Kenneth Kammer
1851 CR-2
Brewster, KS 67732
S/2 of Section 05
T08S, R36W
Thomas County
Upper Republican River Basin
Kansas Permit No. A-URTH-B002
The proposed action is to reissue an existing state permit for an existing facility for 950 head (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 Waste Management Plan on file with KDHE.
Name and Address of Applicant Legal Description Receiving Water
Montgomery Farms of Nemaha County
Montgomery Farms
2723 T Rd.
Sabetha, KS 66534
SE/4 of Section 19
T01S, R14E
Nemaha County
Missouri River Basin
Kansas Permit No. A-MONM-S062
The proposed action is to reissue an existing state permit for an existing facility 900 head (90 animal units) of swine 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant Legal Description Receiving Water
Mueller Dairy
Curtis Mueller
2040 Delaware Rd.
Humboldt, KS 66748
SW/4 of Section 08
T26S, R19E
Allen County
Neosho River Basin
Kansas Permit No. A-NEAL-B002
The proposed action is to reissue an existing state permit for an existing facility for 200 head (100 animal units) of beef cattle weighing less than 700 pounds each 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
Ralph M. Suther Farm
Ronald Suther
11950 Huff Rd.
Westmoreland, KS 66579
NE/4 of Section 08
T07S, R09E
Pottawatomie County
Kansas River Basin
Kansas Permit No. A-KSPT-B011
The proposed action is to modify and reissue the existing state permit for a facility for a proposed maximum capacity of 180 head (180 animal units) of cattle weighing greater than 700 pounds. This represents a decrease in the permitted animal units from the previous permit. This permit is also being modified to reflect the closure of the swine portion of the facility including the swine buildings, wastewater retention structure, pit solo, and silage bunker. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant Legal Description Receiving Water
S&M Pork
Sam Goering
2125 Chisholm Rd.
Moundridge, KS 67107
NW/4 of Section 03
T21S, R02W
McPherson County
Little Arkansas River Basin
Kansas Permit No. A-LAMP-S025
The proposed action is to reissue an existing state permit for an existing facility for 2,000 head (800 animal units) of swine more than 55 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 Description Receiving Water
Spandet Dairy KS
Spandet Dairy, LLC
6306 Road 20
Cimarron, KS 67835
SW/4 of Section 29 &
SE/4 of Section 30 &
E/2 of Section 31 &
NW/4 of Section 32
T24S, R27W
Gray County
Upper Arkansas River Basin
Kansas Permit No. A-UAGY-D002
Federal Permit No. KS0091120
The proposed action is to modify and reissue an existing NPDES permit for an expanding facility for 12,000 head (16,800 animal units) of mature dairy cattle, and 7,500 head (7,500 animal units) of cattle weighing more than 700 pounds, and 3,600 head (1,800 animal units) of cattle weighing less than 700 pounds; for a total of 26,100 animal units. This permit is being modified to include the addition of 11 acres of calf hutches and the re-approval of the addition of 60 acres of open lot pens and Pond E-E. There is no change in the 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-26-008

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

Name and Address of Registrant Legal Description County
Carson Rail Dairy
Crystal Carson
2151 F Ave.
White City, KS 66872
NW/4 of Section 26
T14S, R06E
Morris

Public Notice No. KS-Q-26-019/023

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
Simmons Subdivision
14491 SW Phyllis Rd.
Rose Hill, KS 67133
Treated Domestic
Permit No. C-WA13-NO01
Federal Permit No. KSJ000528
Legal Description: NE¼, SW¼, NW¼, Section 18, Township 28S, Range 3E, Butler County
Location: 37.617072, -97.149302
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The facility has a schedule of compliance for sludge removal and quarterly reports. This permit contains generic language to protect water quality.
Name and Address of Applicant Receiving Stream Type of Discharge
CvCO, LLC
607 W. 15th St.
Ellsworth, KS 67439
Process Wastewater
Permit No. P-SH07-OO02
Federal Permit No. KSP000111
Legal Description: Crawford County
Location: 38.74210, -98.23589
The proposed action consists of reissuing the current pretreatment permit. No significant changes were made to the permit. This facility performs chemical etching and milling and passivating on steel, stainless steel and brass parts. Outfall 001A consists of contaminated rinse water from the rinse tank from the passivating/etching operation and wastewater from the water jet operation. Wastes from the two process tanks in the passivating/etching operation are directed to the on-site evaporator. This permit contains generic language to protect water quality.
Name and Address of Applicant Receiving Stream Type of Discharge
Public Wholesale Water District No. 11
860 N. 200th St.
Arcadia, KS 66711
Bone Creek
via Unnamed Tributary
Process Wastewater
Permit No. I-MC52-PO02
Federal Permit No. KS0097101
Legal Description: NW¼, SE¼, NW¼, Section 12, Township 28S, Range 24E, Crawford County
Location: 37.62497, -94.73415
The proposed action consists of reissuance of an existing Kansas Water Pollution Control (KWPC)/NPDES Permit for an existing water treatment plant wastewater treatment lagoon. Water treatment plant residual wastewater is directed to a three-cell lagoon system located south of the water treatment plant. This permit contains limits for Total Residual Chlorine, Total Suspended Solids, and pH. The permit contains monitoring for Sludge Depth.
Name and Address of Applicant Receiving Stream Type of Discharge
Wabaunsee County RWD No. 2
38521 Antelope Creed Rd.
Wamego, KS 66547
Kansas River
via Antelope Creek
Process Wastewater
Permit No. I-KS01-PO01
Federal Permit No. KS0095443
Legal Description: SE¼, NW¼, Section 20, Township 10S, Range 10E, Anderson County
Location: 38.16856, -96.32792
The proposed action consists of renewal of existing Kansas/NPDES Water Pollution Control permit for the discharge of wastewater from the water treatment plant. The Wabaunsee County Rural Water District (RWD) #2 Water Treatment Facility treats well water from two on-site wells. The treatment process consists of two Reverse Osmosis (R.O.) units to reduce contaminants in the raw water. This permit contains limits for Total Suspended Solids, and pH. The permit contains monitoring for Total Chloride, Total Phosphorus, and Total Dissolved Solids.
Name and Address of Applicant Receiving Stream Type of Discharge
Crawford County Consolidated RWD No. 1
PO Box 223
Girard, KS 66743
Neosho River
via Second Cow Creek
via Clear Creek
via Unnamed Tributary
Process Wastewater
Permit No. I-NE31-PO01
Federal Permit No. KS0099988
Legal Description: SW¼, SE¼, Section 5, T 29S, R 24E, Crawford County
Location: 37.54346, -94.80132
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for the discharge of wastewater from the water treatment plant. Treatment at this location consists of an aeration basin, pre-chlorination, sedimentation, dual media filtration, post chlorination, an air/water backwash system, a clear well and high service pumping. The permit contains monitoring for Total Residual Chlorine, Total Suspended Solids, pH, Sulfate, and Total Phosphorus.

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 28, 2026, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-26-071/080, KS-AG-R-26-008, KS-Q-26-019/023) 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. The Division of Environment offices are open from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.

Janet Stanek
Secretary
Kansas Department of Health and Environment

Doc. No. 053905