Kansas State Overview

Stormwater runoff (discharge) from Kansas construction sites are regulated under section 402 of the Clean Water Act (CWA). Section 402 outlines the National Pollutant Discharge Elimination System (NPDES) permitting program. Coverage is provided and construction stormwater discharge is authorized when the Kansas Department of Health and Environment (KDHE) issues authorization to discharge stormwater runoff from construction sites. The Kansas Water Pollution Control General Permit for stormwater runoff from construction activities requires owners and operators of construction activities which disturb 1-acre or greater or are part of a larger common plan of development to obtain authorization to discharge stormwater runoff from construction activities. Owners and operators of construction activities which disturb less than one acre (<1.0 acre) and are not part of a larger common plan of development, must also obtain authorization to discharge stormwater runoff under this NPDES general permit if the KDHE has reason to believe the water quality constitutes a significant pollution potential.

The rules and regulations associated with the Kansas Department of Health and Kansas Water Pollution Control General Permit for construction activities are intended to keep construction professionals in accordance with the requirements of the NPDES General Permit. The purpose of this NPDES General Permit is to implement Federal water pollution control statutes and protect waters of the state from sediment and other contaminants. KDHE expects that compliance with provisions and conditions in this permit will result in stormwater discharge amounts that meet Kansas surface water quality standards.

Any owner of operator who is subject to NPDES permit requirements for stromwater runoff from construction activities and does not receive authorization from the Kansas Department of Health and Environment (KDHE) is in direct violation of both State and Federal laws.

Note, the authorization to discharge stormwater runoff from construction activities under this NPDES General Permit does not constitute approval of the project under the regulations of the Kansas Water Projects Environmental Coordination Act. It is the responsibility of the permittee to ensure compliance with all other KDHE, State and local regulatory requirements. The permittee must comply with requirements of other Agencies prior to commencement of all construction activities.

In order for an owner or operator to attain permit coverage, he/she must prepare a Stormwater Pollution Prevention Plan (SWP2 Plan) and submit a Notice of Intent (NOI) to the Kansas Department of Health and Environment (KDHE) for review.

To learn more about stormwater management, check out the Stormwater Management section on this website and enroll in one of our online certificate programs.