Government Website icon

The .gov means it's official.
A .gov website belongs to an official government organization in the United States.

Padlock icon

The site is secure.
The https:// or lock icon ensures you're safely connected to the website and any information you provide is encrypted.

Publications iconKansas Register

Volume 45 - Issue 19- May 7, 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-26-169/179

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant Legal Description Receiving Water
Burton Farms, Inc.
Dan Burton
685 K-99 Hwy.
Summerfield, KS 66541
SE/4 of Section 36
T01S, R09E
Marshall County
Big Blue River Basin
Kansas Permit No. A-BBMS-S040
The proposed action is to reissue an existing state permit for an existing facility for 2,210 head (884 animal units) of swine greater than 55 pounds and 1,070 head (107 animal units) of swine less than or equal to 55 pounds for a total of 991 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
David Delong Feedlot
David Delong
1285 Road 210
Emporia, KS 66801
NE/4 of Section 25
T18S, R11E
Lyon County
Neosho River Basin
Kansas Permit No. A-NELY-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
Edward J. Goetz
1742 W. Road 90 S
Grainfield, KS 67737
SW/4 of Section 28
T09S, R28W
Sheridan County
Saline River Basin
Kansas Permit No. A-SASD-S001
The proposed action is to reissue an existing state permit for an existing facility for 910 head (91 animal units) of swine weighing 55 pounds or less and 1,225 head (490 animal units) of swine weighing more than 55 pounds for a total maximum capacity of 581 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
FBN Hogs
FBN Enterprises
302 N. Wolf
Oberlin, KS 67749
NW/4 of Section 02
T03S, R29W
Decatur County
Upper Republican River Basin
Kansas Permit No. A-URDC-S007
The proposed action is to reissue an existing state permit for an existing facility for 990 head (396 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
Hlavaty Feeders
Kevin Hlavaty
777 NW 100th Ave.
Olmitz, KS 67564
NE/4 of Section 22
T18S, R15W
Barton County
Upper Arkansas River Basin
Kansas Permit No. A-UABT-B003
The proposed action is to reissue an existing state permit for an existing facility for 999 head (499.5 animal units) of cattle weighing 700 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
Morton County Dairy
Tevelde, LLC
975 S Blvd.
Richfield, KS 67953
NE/4 of Section 33
T32S, R42W
Morton County
Cimarron River Basin
Kansas Permit No. A-CIMT-D001
Federal Permit No. KS0101010
The proposed action is to reissue an existing State/NPDES permit for an existing facility for 6,000 head (8,400 animal units) of mature dairy cows. 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
Pork Chop Acres
Sharon Schwartz
2051 20th Rd.
Washington, KS 66968
SE/4 of Section 20
T02S, R04E
Washington County
Big Blue River Basin
Kansas Permit No. A-BBWS-S024
The proposed action is to reissue an existing state permit for an existing facility for 500 head (200 animal units) of swine more than 55 pounds and 600 head (60 animal units) of swine 55 pounds or less, for a total of 260 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
Pruitt Farms Inc.
David Pruitt
Intersection of V Rd. and K-14 Hwy.
Beloit, KS 67420
SE/4 of Section 17
T09S, R07W
Mitchell County
Solomon River Basin
Kansas Permit No. A-SOMC-B012
The proposed action is to reissue an existing state permit for an existing facility of 999 head (999 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
Sunbelt Feed Yard
Rick Sander
1551 Road U
Hugoton, KS 67951
All of Section 24
T32S, R37W
Stevens County
Cimarron River Basin
Kansas Permit No. A-CISV-C002
Federal Permit No. KS0116203
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 45,000 head (45,000 animal units) of cattle weighing greater than 700 pounds and 15 head (30 animal units) of horses for a total animal unit capacity of 45,030.This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to describe the construction of additional pens inside the existing facility footprint. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant Legal Description Receiving Water
Prairie View Farms, LLC
CR 12S and E. Road 24
Ulysses, KS 67880
S/2 of Section 27 &
S/2 of Section 28 &
E/2 of Section 29
T30S, R36W
Grant County
Cimarron River Basin
Kansas Permit No. A-CIGT-H001
Federal Permit No. KS0095427
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted not to exceed 129,600 head (51,840 animal units) of weaned swine weighing up to 70 pounds OR a total maximum capacity not to exceed 64,800 head (25,920 animal units) of finisher swine with an average weight of 150 pounds. The facility’s NMP was updated to include a change in the application rate limitation for their fields. One of the fields application rate limitations has become less restrictive than the previous NMP. There are no changes to the permit or in the permitted number of animal units. Only the updated portion of the Nutrient Management Plan is subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant Legal Description Receiving Water
Stone Post Dairy, LLC
33002 SE K Rd.
Jetmore, KS 67854
W/2 of Section 12
T23S, R23W
Hodgeman County
Upper Arkansas River Basin
Kansas Permit No. A-UAHG-D001
Federal Permit No. KS0115061
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 5,000 head (7,000 animal units) of mature dairy cows, 850 head (850 animal units) of dairy cattle weighing greater than 700 pounds, and 1,600 head (800 animal units) of dairy cattle weighing 700 pounds or less; for a total of 8,650 animal units of dairy cattle. The facility’s NMP update included changes in the application rate limitations for their fields. Two of the field’s application rate limitations have become less restrictive than the previous NMP. Only the updated portion of the Nutrient Management Plan and permit are subject to comment.

Public Notice No. KS-Q-26-060

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
Lecompton Iron/Manganese Plant
PO Box 100
Lecompton, KS 66050
Kansas River Process Wastewater
Permit No. I-KS33-PO01
Federal Permit No. KS0099473
Legal Description: NW¼, SE¼, Section 34, Township 11S, Range 18E, Douglas County
Location: 39.04992, -95.40024
This action consists of reissuance of an existing NPDES/Kansas Water Pollution Control (KWPC) permit for an existing facility. This is an existing potable water treatment plant treating groundwater. The system uses chemical oxidants to precipitate out and filter the iron and manganese precipitates and an ion exchange system to soften the water prior to chlorination and distribution. This permit contains limits for Total Suspended Solids, and pH. The permit contains monitoring for Total Residual Chlorine, and Total Phosphorus. The facility has a schedule of compliance for lagoon maintenance and land application of solids.

Public Notices No. KS-EG-26-008/013

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

Name and Address of Applicant
OxyChem #3
14555 Dallas Pkwy., Suite 400
Dallas, TX 75254
Permit No. KS-01-173-004
Location: 37.58170, -97.42123
Wastewater from this facility consists of stormwater runoff, contaminated groundwater and process wastewater. The wastewater consists primarily of sodium, calcium and magnesium chloride brines which vary in pH. The average chloride concentration of these brines is approximately 20,000 ppm. Trace organic compounds, soluble in brines, are also present. Some of the fluids to be injected are considered hazardous by definition in the Resource Conservation and Recovery Act and K.S.A. 65-3430 et seq. and regulations adopted thereunder. Although OxyChem continuously makes ongoing efforts to investigate and evaluate methods to minimize or eliminate wastes, wastewater is currently generated at the plant and have generally been disposed via permitted Underground Injection Control (UIC) Class I hazardous waste disposal wells. Including Well #3, there are currently 5 active permitted Class I hazardous injection wells in the facility and 2 permitted well locations which are undrilled. Disposal of this wastewater is currently the most environmentally sound disposal method for the plant as the waste is isolated in the subsurface, has no potential for future contact with the surface environment, and does not require additional waste handling. Alternate disposal methods may increase chances for release into the environment, consume more energy/raw materials, and/or generate effluent or byproducts that still require treatment and/or containment.
Name and Address of Applicant
OxyChem #8
14555 Dallas Pkwy., Suite 400
Dallas, TX 75254
Permit No. KS-01-173-007
Location: 37.58298, -97.42205
Wastewater from this facility consists of stormwater runoff, contaminated groundwater and process wastewater. The wastewater consists primarily of sodium, calcium and magnesium chloride brines which vary in pH. The average chloride concentration of these brines is approximately 20,000 ppm. Trace organic compounds, soluble in brines, are also present. Some of the fluids to be injected are considered hazardous by definition in the Resource Conservation and Recovery Act and K.S.A. 65-3430 et seq. and regulations adopted thereunder. Although OxyChem continuously makes ongoing efforts to investigate and evaluate methods to minimize or eliminate wastes, wastewater is currently generated at the plant and have generally been disposed via permitted Underground Injection Control (UIC) Class I hazardous waste disposal wells. Including Well #8, there are currently 5 active permitted Class I hazardous injection wells in the facility and 2 permitted well locations which are undrilled. Disposal of this wastewater is currently the most environmentally sound disposal method for the plant as the waste is isolated in the subsurface, has no potential for future contact with the surface environment, and does not require additional waste handling. Alternate disposal methods may increase chances for release into the environment, consume more energy/raw materials, and/or generate effluent or byproducts that still require treatment and/or containment.
Name and Address of Applicant
OxyChem #9
14555 Dallas Pkwy., Suite 400
Dallas, TX 75254
Permit No. KS-01-173-008
Location: 37.58280, -97.42122
Wastewater from this facility consists of stormwater runoff, contaminated groundwater and process wastewater. The wastewater consists primarily of sodium, calcium and magnesium chloride brines which vary in pH. The average chloride concentration of these brines is approximately 20,000 ppm. Trace organic compounds, soluble in brines, are also present. Some of the fluids to be injected are considered hazardous by definition in the Resource Conservation and Recovery Act and K.S.A. 65-3430 et seq. and regulations adopted thereunder. Although OxyChem continuously makes ongoing efforts to investigate and evaluate methods to minimize or eliminate wastes, wastewater is currently generated at the plant and have generally been disposed via permitted Underground Injection Control (UIC) Class I hazardous waste disposal wells. Including Well #9, there are currently 5 active permitted Class I hazardous injection wells in the facility and 2 permitted well locations which are undrilled. Disposal of this wastewater is currently the most environmentally sound disposal method for the plant as the waste is isolated in the subsurface, has no potential for future contact with the surface environment, and does not require additional waste handling. Alternate disposal methods may increase chances for release into the environment, consume more energy/raw materials, and/or generate effluent or byproducts that still require treatment and/or containment.
Name and Address of Applicant
OxyChem #11
14555 Dallas Pkwy., Suite 400
Dallas, TX 75254
Permit No. KS-01-173-011
Location: 37.58676, -97.42104
Wastewater from this facility consists of stormwater runoff, contaminated groundwater and process wastewater. The wastewater consists primarily of sodium, calcium and magnesium chloride brines which vary in pH. The average chloride concentration of these brines is approximately 20,000 ppm. Trace organic compounds, soluble in brines, are also present. Some of the fluids to be injected are considered hazardous by definition in the Resource Conservation and Recovery Act and K.S.A. 65-3430 et seq. and regulations adopted thereunder. Although OxyChem continuously makes ongoing efforts to investigate and evaluate methods to minimize or eliminate wastes, wastewater is currently generated at the plant and have generally been disposed via permitted Underground Injection Control (UIC) Class I hazardous waste disposal wells. Including Well #11, there are currently 5 active permitted Class I hazardous injection wells in the facility and 2 permitted well locations which are undrilled. Disposal of this wastewater is currently the most environmentally sound disposal method for the plant as the waste is isolated in the subsurface, has no potential for future contact with the surface environment, and does not require additional waste handling. Alternate disposal methods may increase chances for release into the environment, consume more energy/raw materials, and/or generate effluent or byproducts that still require treatment and/or containment.
Name and Address of Applicant
OxyChem #12
14555 Dallas Pkwy., Suite 400
Dallas, TX 75254
Permit No. KS-01-173-012
Location: 37.58604, -97.42515
Wastewater from this facility consists of stormwater runoff, contaminated groundwater and process wastewater. The wastewater consists primarily of sodium, calcium and magnesium chloride brines which vary in pH. The average chloride concentration of these brines is approximately 20,000 ppm. Trace organic compounds, soluble in brines, are also present. Some of the fluids to be injected are considered hazardous by definition in the Resource Conservation and Recovery Act and K.S.A. 65-3430 et seq. and regulations adopted thereunder. Although OxyChem continuously makes ongoing efforts to investigate and evaluate methods to minimize or eliminate wastes, wastewater is currently generated at the plant and have generally been disposed via permitted Underground Injection Control (UIC) Class I hazardous waste disposal wells. Well #12 is undrilled. There are currently 5 active permitted Class I hazardous injection wells in the facility and 1 other permitted well location which is undrilled. Disposal of this wastewater is currently the most environmentally sound disposal method for the plant as the waste is isolated in the subsurface, has no potential for future contact with the surface environment, and does not require additional waste handling. Alternate disposal methods may increase chances for release into the environment, consume more energy/raw materials, and/or generate effluent or byproducts that still require treatment and/or containment.
Name and Address of Applicant
OxyChem #14
14555 Dallas Pkwy., Suite 400
Dallas, TX 75254
Permit No. KS-01-173-014
Location: 37.58854, -97.42367
Wastewater from this facility consists of stormwater runoff, contaminated groundwater and process wastewater. The wastewater consists primarily of sodium, calcium and magnesium chloride brines which vary in pH. The average chloride concentration of these brines is approximately 20,000 ppm. Trace organic compounds, soluble in brines, are also present. Some of the fluids to be injected are considered hazardous by definition in the Resource Conservation and Recovery Act and K.S.A. 65-3430 et seq. and regulations adopted thereunder. Although OxyChem continuously makes ongoing efforts to investigate and evaluate methods to minimize or eliminate wastes, wastewater is currently generated at the plant and have generally been disposed via permitted Underground Injection Control (UIC) Class I hazardous waste disposal wells. Well #14 is undrilled. There are currently 5 active permitted Class I hazardous injection wells in the facility and 1 other permitted well location which which is undrilled. Disposal of this wastewater is currently the most environmentally sound disposal method for the plant as the waste is isolated in the subsurface, has no potential for future contact with the surface environment, and does not require additional waste handling. Alternate disposal methods may increase chances for release into the environment, consume more energy/raw materials, and/or generate effluent or byproducts that still require treatment and/or containment.

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 June 6, 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-26-169/179, KS-Q-26-060, KS-EG-26-008/013) 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. 054128