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Last Modified: 7/24/2008
Storm Water
The Division of Water (DOW) reviews and approves permit applications for storm water point source discharges. This includes storm water runoff associated with industrial activity, construction activities and storm water runoff from municipal storm separate sewer systems (MS4s).
Storm Water Runoff Associated with Industrial Activity
Status of Storm Water Permits
| Storm water permits for Construction Activity (KYR10) and "Other" Industrial Activity (KYR00) expired on Sept. 30, 2007. If your facility is covered by these permits, the permits are administratively continued until such time as DOW re-issues these permits. If you are regulated under the "Other" Industrial Activities permit, you are not required to submit an updated NOI at this time. If you are beginning a construction project, you are required to continue to submit the Notice of Intent (NOI) as previously required. The DOW is currently drafting and reviewing the requirements for these facilities. Additional information pertaining to the permit status will be provided as soon as it is available. |
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- Storm water discharges associated with industrial activity means the discharge from any conveyance which is used for collecting storm water and which is directly related to manufacturing, processing or raw material storage areas at an industrial plant. A complete definition can be found here:
KPDES Regulation 401 KAR 5:002, Section 1 (285)
The following categories of facilities are considered to be engaging in an industrial activity:
SIC Codes 10, 11, 12, 13, 14, 24 (Except 2434), 26 (Except 265 and 267), 28 (Except 283 and 285), 29, 311, 32 (Except 323), 33, 3441, 373, 40, 41, 42 (Except 4221 through 4225), 43, 44, 45, 5171, 5015 and 5093.
The following categories of facilities are considered to be engaging in an industrial activity if they have material or equipment exposed to storm water:
SIC Codes 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 37 (Except 373), 38, 39, 31 (Except 311), 323, 34 (Except 3441), 35, 36, 4222, 4223, 4224 and 4225.
- To apply for a Kentucky Pollutant Discharge Elimination System (KPDES) General Storm Water Permit, a Notice of Intent (NOI) must be submitted to DOW. Here is the Notice of Intent in PDF or Word. Plot plans, best management practice (BMP) plans, pollution prevention plans, maps or other information do not need to be submitted. There is no fee for a KPDES General Permit. The NOI must be submitted 48 hours before the industrial activity begins.
- Final permits for storm water runoff associated with industrial activity have been issued. View the issued permits at the following sites:
General Permit for Storm Water Point Source Discharges - Other Facilities
General KPDES Permit for Storm Water Point Source Discharges - Primary Metal (SIX33) Facilities
General KPDES Permit for Storm Water Point Source Discharges - Wood Preserving Facilities
General KPDES Permit for Storm Water Point Source Discharges - Coal Facilities
General KPDES Permit for Storm Water Point Source Discharges - Oil & Gas Facilities
General KPDES Permit for Storm Water Point Source Discharges - Landfills
- Once a facility has been issued an Individual Storm Water Discharge Permit, coverage under a General Storm Water Permit (other than for construction activities) is not possible.
- When industrial activity ceases, or when construction activities are completed, a Notice of Termination (NOT) must be submitted to DOW. The NOT is available as a PDF document or as a Word template. Please see the KPDES download page for these documents.
- No exposure exemption
-- Storm water discharges associated with industrial activity (excluding construction runoff) can be exempted from KPDES permit requirements if there are no industrial areas with exposure to storm water.
--To qualify for this exemption, a "No Exposure Certification" form must be submitted to the Kentucky Division of Water, Surface Water Permits Branch, 14 Reilly Road, Frankfort, KY 40601. This certification must be resubmitted every five years.
-- This form (#3510-11) is available on the Environmental Protection Agency (EPA) Web page at http://cfpub.epa.gov/npdes/stormwater/exposure.cfm. Instructions accompany the downloaded form.
Storm Water Permitting for Construction Sites
Permits for storm water runoff have created interest, discussion and some confusion. Following is a summary of the specifics of storm water permitting in Kentucky, particularly as the program affects construction sites.
Requirements for the permitting of runoff from construction sites is part of the nationwide storm water program, brought about mainly because data collected both by EPA and most states have documented water quality problems caused by this runoff. The storm water permitting program was established by federal regulations promulgated Nov. 16, 1990, by EPA. In Kentucky, this program falls under the KPDES permit program administered by the Kentucky Division of Water.
- Determining the need for a storm water permit
The program presently applies only to those construction sites that will disturb one or more acres. This one-acre area includes long, narrow projects such as buried pipelines/conduit/sewer construction if the construction width multiplied by the length would equal or exceed one acre.
The area of disturbance is defined as only that portion of the site where ground cover and/or topsoil is removed, as contrasted to areas where tree or shrub clearing is the only activity.
The definition of construction site applies equally to rural, suburban or urban areas but does not include tilled agricultural fields.
- Applying for a storm water permit
Because Kentucky has a general permit in place, the application process involves just the submittal of an NOI form. This form is available by downloading the PDF document (requires the free Adobe Acrobat Reader) or the Word template document.
- Submitting the NOI
The NOI should be submitted by the general contractor at least 48 hours prior to start of construction. The NOI form should be sent to:
Section Supervisor
Inventory and Data Management Section
KPDES Branch, Kentucky Division of Water
14 Reilly Road, Frankfort Office Park
Frankfort, KY 40601
The applicant does not need to wait for a response from the agency; coverage becomes automatic within 48 hours of receipt of the NOI. However, the agency does respond to the applicant with a copy of the relevant general permit and a letter of coverage. The general permit can be viewed here:
General KPDES Permit for Storm Water Point Source Discharges - Construction activities
The coverage letter contains the site-specific permit number (which is needed for the permit termination process, described below).
- The storm water pollution prevention plan
The construction general permit does not require runoff sampling, but there is a requirement for preparing and implementing a storm water pollution prevention plan prior to start of construction. This plan should be available for review by DOW upon site inspection, although it does not need to be submitted to or approved by the agency prior to permitting.
Periodic visual inspections by the permit holder are also required to verify that the erosion control plan is being followed and is working.
For help in preparing a plan, see the Kentucky Erosion Prevention and Sediment Control Field Guide. It is divided into three sections for faster download:
*Draft* Kentucky Best Management Practices (BMPs) for Controlling Erosion, Sediment, and Pollutant Runoff from Construction Sites: Planning and Technical Specifications Manual
The following document is the draft version of the Technical Specifications Manual. This manual was developed to help engineers, landscape architects, developers, construction managers and others plan and implement measures that reduce harmful water quality impacts from construction projects and other land-clearing activities. This document is currently in the review phase.
(This is a very large PDF document and has been divided into smaller portions for easier download.)
- Permit termination
Once construction is completed and a ground cover has been established so that erosion control measures are no longer necessary, the permit coverage itself is no longer needed. At that point, the original applicant submits a Notice of Termination (NOT) form to the agency. The NOT form can be downloaded here as a PDF document or a Word template. (The general permit explains this process in more detail.)
For further information about storm water permitting, contact Jory Becker, Kentucky Division of Water, KPDES Branch, at the address below. Information requests can also be handled by phone at 502-564-8158, ext. 477, or via e-mail at Jory.Becker@ky.gov. |
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DEP Kentucky Pollutant Discharge Elimination System
14 Reilly Road
Frankfort, KY 40601
Phone: 502-564-3410 ext 477
Fax: 502-564-5105
E-mail: jory.becker@ky.gov
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