Public Notice: Prairie Band Potawatomi Nation Casino Complex Wastewater Treatment Facility, Mayetta, Jackson County, Kansas
Summary
1) Proposed Wastewater (NPDES) Permit No. KS0093777
2) Proposed Certification of Compliance with Section 401 of the Clean Water Act
This public notice is issued by the U.S. Environmental Protection Agency, Region 7 (EPA). EPA is seeking comments on: 1) proposed NPDES permit, under Section 402 of the Clean Water Act (CWA), for the discharge of wastewater from the wastewater treatment facility (facility) operated by the Prairie Band Potawatomi Nation, and 2) a certification under Section 401 of the CWA that EPA’s proposed NPDES permit for the facility is protective of applicable water quality standards and effluent guidelines and limitations.
EPA is seeking written comments regarding these proposed actions until July 1, 2024. The mail and email addresses for written comments or to request a public hearing are shown below.
BACKGROUND: NPDES permits to discharge wastewater to waters of the United States are issued under Section 402 of the CWA, 33 U.S.C. Section 1342, subject to certain effluent limitations and other conditions. The Prairie Band Potawatomi Nation has applied to EPA for an NPDES permit to discharge treated wastewater from the Casino wastewater facility to Big Elm Creek. The facility is an activated sludge wastewater treatment system and an associated three-cell lagoon system that treat domestic wastewater generated from the Casino hotel; a convenience store and gas station; an RV park with 75 sanitary hookup stations; and the Firekeeper clubhouse and maintenance shop. In the past, the activated sludge treatment facility discharged directly to the three-cell lagoon system. However, with construction of a direct discharge line in 2011, the activated sludge wastewater facility now discharges directly to Big Elm Creek. The wastewater lagoon system is now functioning as retention basins for the diversion of peak wet weather flows and for diversion of wastewater from the activated sludge treatment facility during repairs or emergency situations. The current practice is to pump the excess wet weather and wastewater diversion wastewater from the lagoon system back to the activated sludge facility for treatment.
EPA has the authority to issue the NPDES permit for this facility, located and discharging in Indian country. On the basis of information provided to EPA by the Prairie Band Potawatomi Nation, and application of pertinent standards and regulations, EPA proposes to issue NPDES Permit No. KS0093777 to the facility, pursuant to Section 402 of the Clean Water Act, 33 U.S.C. Section 1342.
PROPOSED NPDES PERMIT: The proposed permit will continue to allow treated wastewater from the facility to be discharged to Big Elm Creek. The proposed permit includes technology-based and water quality-based effluent limitations. Additional information regarding this proposed permit is contained in the Administrative Record, which includes the permit application, proposed permit, Statement of Basis for the proposed permit, and other pertinent information upon which the proposed permit is based.
CERTIFICATION OF COMPLIANCE WITH CWA SECTION 401: Before EPA may issue the final NPDES permit for the Potawatomi Casino wastewater treatment facility, EPA must certify under Section 401 of the CWA, 33 U.S.C. Section 1341, that the discharge to be authorized by this proposed permit will comply with the requirements of Sections 208(e), 301, 302, 303, 304(a), 306, 307, 401, 402, and 518(e) of the CWA, including applicable water quality standards and effluent guidelines and limitations. EPA has reviewed the applicable water quality standards and effluent guidelines and has included limitations and conditions in the permit to ensure compliance with such requirements, as described in the proposed permit and Statement of Basis. At this time, EPA seeks public comments regarding its intent to certify that the discharge authorized under NPDES Permit No. KS0093777 will not violate applicable water quality standards or effluent guidelines and limitations.
ADMINISTRATIVE RECORD AVAILABILITY: The Administrative Record (AR) for the proposed NPDES permit is available for review. See the links to the three AR documents below. In addition, copies of the AR documents are available to the public upon request by contacting Alex Owutaka, EPA Region 7, at 913-551-7584 or by email at owutaka.alex@epa.gov.
HOW TO PROVIDE COMMENTS: Interested persons may submit written comments regarding these proposed actions by EPA or submit a written request for a public hearing on the proposed permit. Any request for a public hearing must state the nature of the issues that the requester proposes to raise at the hearing. EPA’s rules and procedures governing the issuance of NPDES permits, the public comment period, and public hearings on proposed NPDES permits are found at 40 Code of Federal Regulations (CFR) Parts 25 and 124 and are also available for review in the Administrative Record for the proposed permit. All written comments and any requests for a public hearing must be submitted by July 1, 2024, to: Tanya Nix, Supervisor, Permits and Certifications Section, Water Division, EPA Region 7, 11201 Renner Boulevard, Lenexa, KS 66219. Written comments may also be submitted to Tanya Nix at nix.tanya@epa.gov.
- Draft Prairie Band Potawatomi Nation Casino Complex WWTF Permit (pdf)
- Statement of Basis for Draft WWTF Permit (pdf)
- Clean Water Act Section 401 Certification for Draft WWTF Permit (pdf)
Applicants or Respondents
Prairie Band Potawatomi Nation Casino Complex Wastewater Treatment FacilityMayetta, KS 66509
United States