Kentucky Stormwater Management
Kentucky State Overview
The mission of the Kentucky Division of Water (DOW) is to manage, protect and enhance the quality of the Commonwealth’s water resources for present and future generations through voluntary, regulatory and educational programs. Stormwater runoff (discharge) from Kentucky construction sites is regulated under section 402 of the Clean Water Act (CWA). Section 402 outlines the National Pollutant Discharge Elimination System (NPDES) permitting program. In conjunction with the NPDES, Kentucky enforces a state general permit (Kentucky Pollutant Discharge Elimination System (KPDES) as well. This construction general permit authorizes the discharge of pollutants found in stormwater runoff associated with both large and small construction activities.
*Large construction activity includes clearing, grading, and excavating resulting in land disturbances equal to or greater than five (5) acres of land or will disturb less than (5) acres of total land area but is part of a larger common plan of development or sale.
* Small construction activity includes clearing, grading, and excavating resulting in land disturbances equal to or greater than one (1) acre of land but less than (5) acres of land or will disturb less than one (1) acre of total land area but is part of a larger common plan of development or sale. Both Federal and state regulations provide three types of waivers for “small” construction activities to exempt the owner or operator from needing a permit. (To learn more about these waivers visit the Environmental Protection Agency website, Kentucky state page.)
Project site owners or operators whose construction projects involve land disturbing activities that meet the size standards for either large or small construction activities are required to seek coverage under the Kentucky Construction General Permit (CGP).
To learn more about stormwater management check out the Stormwater Management page of this website and enroll in one of our online certificate programs!
The mission of the Kentucky Division of Water (DOW) is to manage, protect and enhance the quality of the Commonwealth’s water resources for present and future generations through voluntary, regulatory and educational programs. Stormwater runoff (discharge) from Kentucky construction sites is regulated under section 402 of the Clean Water Act (CWA). Section 402 outlines the National Pollutant Discharge Elimination System (NPDES) permitting program. In conjunction with the NPDES, Kentucky enforces a state general permit (Kentucky Pollutant Discharge Elimination System (KPDES) as well. This construction general permit authorizes the discharge of pollutants found in stormwater runoff associated with both large and small construction activities.
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KY - KYR100000 - Authorization to Discharge under the KPDES Permit
KY - Change in Ownership Certification
KY - Erosion Prevention and Sediment Control Field Guide
KY - Stormwater Construction Website Links (eNOI and eNOT)
KY - Transfer Request for Land Disturbing Activities Permit
KY - KPDES - Socioeconomic Demonstration and Alternative Analysis Form
KY - Sample SWPPP Example
KY - DEP Fact Sheet General Permit for Stormwater Discharges
KY - Notice of Termination (NOT) for KPDES General Permit
KY - KPDES Permit Application Form
KY - Fact Sheet General Permit for Stormwater Discharges Associated with Construction Activities
KY Construction Site BMP Planning and Technical Specification Manual for SWPPPs
KY - SWPPP - BMP Plan
KY - No Discharge Certification
KY - Construction Material Manufacturing Operations New General Permit Information
KY - MS4 Stormwater Associated with Small MS4s
KY - KPDES Construction Material Manufacturing Operations General Permit
KY - KPDES Permit Application - Form A
KS-KDHE- MS4 NPDES Permit Guidance and Resources
KY - Stormwater Associated with Industrial Activities - No Exposure
KY - KPDES Permit Application - Form F
KY - KYR000000 - KPDES General Permit
KY - KPDES General Permit (KYR00) Fact Sheet
KY - KPDES Permit Application - Form C
KY - General Procedures for Limitations Development
KY - KPDES General Instructions
KY - KPDES - Eligible Facilities
Kentucky Permit Application Process
Under Kentucky’s environmental laws, it is illegal to discharge pollutants into a water body of the state that is not authorized by a permit. If there is potential for any discharging of pollutants, the owner or operator is required to obtain an authorized Construction General Permit (CGP).
In order to seek coverage under the Construction General Permit (CGP) within the state of Kentucky, the project site owner or operator must submit a Notice of Intent (NOI) specifically for construction activities (NOI-SWCA).
The NOI-SWCA calls for specific information regarding the scope and size of the proposed construction activity and the receiving waters impacted. The owner or operator is required to provide (1) facility operator information; (2) site location and information; (3) project site activity information; (4) other required permits, certifications or approvals: (5) Notice of Intent (NOI) preparer contact information; and (6) topographic site map.
*Note: If submitting the NOI-SWCA electronically, it is due a minimum of seven (7) days prior to the commencement of construction activity. If submitting a paper NOI-SWCA, it is due a minimum of 30 days prior to the commencement of construction activity.
In many instances, there may be more than one person on a construction site that is required to submit a Notice of Intent (NOI). Contingent upon the specific site and the relationship between parties (owner, operator, general contractor, etc.) there can either be a single person responsible for permit coverage or multiple persons responsible for permit coverage.
Kentucky Storm Water Pollution Prevention Plan Requirements
The Kentucky CGP mandates operators to plan and implement appropriate and adequate practices to manage the discharge of stormwater runoff from construction related activities. Permittees are required to develop a Storm Water Pollution Prevention Plan (SWPPP) and implement the SWPPP at the beginning of the construction disturbance. In accordance with Federal and state regulations, as well as their SWPPP, owners and operators are also encouraged to develop measures that eliminate or minimize post-construction stormwater runoff, such as low-impact development (LID) technologies.
The Stormwater Pollution Prevention Plan (SWPPP) must include: (1) site description that identifies sources of pollution found on the site premises; (2) site map; (3) erosion prevention measures; (4) sediment control measures; (5) Best Management Practices (BMPs) to prevent the discharge of stormwater pollutants from the construction site into water bodies of the state; (6) continual maintenance of stormwater controls; (7) inspection schedules; and (8) plans to achieve post-construction final stabilization. Best Management Practices (BMPs) included in the SWPPP are required to be appropriately selected based on specific site conditions, as well as properly installed and maintained to effectively minimize discharges from storm events up to and including a 2 year, 24 hour event.
Within their Construction General Permit (CGP), The Kentucky Division of Water (DOW) has mandated additional “protective requirements” for construction activities discharging to “High Quality Waters” (waters requiring anti-degradation review). Along with erosion prevention measures, sediment control measures and site Best Management Practices (BMPs), owners or operators discharging into high quality waters must install erosion control mats/blankets, mulch, straw stabilized with tackifiers, buffers and retention basins capable of withstanding a 2 year, 24 hour rain event.
Kentucky Constructio Storm Water Inspection Frequency
As stated in the Kentucky Pollutant Discharge Elimination System (KDPES) Permitting Program, owners and operators must perform “regular” site inspections. Inspections are required to be performed by a “Knowledgeable Personnel.”
*Knowledgeable Personnel is any person skilled in assessing conditions at the construction site that could impact stormwater quality and assessing the effectiveness of erosion prevention measures, sediment control measures, and other site Best Management Practices (BMPs).
The Kentucky Department of Water (DOW) defines “regular” inspections as either (1) once every seven days; or (2) at least once every fourteen days, and within twenty-four hours after any storm event of 0.5 inch or more. For areas of the construction site that have undergone temporary or final stabilization, inspections should be conducted a minimum of once a month until coverage is terminated.
Inspectors shall conduct visual inspections of the site to determine if erosion control measures, sediment control measures, and other Best Management Practices (BMPs) are properly installed, properly maintained, and effectively eliminating or minimizing stormwater discharges leaving the construction site.
Inspection reports should be prepared following all site inspections and retained with the SWPPP. The inspection report contains the following: (1) inspection date; (2) name and title of inspector; (3) synopsis of the weather since the date of the last site inspection; (4) any discharges occurring at the time of the inspection and their locations; (5) locations of all sediment control measures, erosion prevention measures, and any BMPs that require maintenance; and (6) identification of any non-compliance with the SWPPP.
Kentucky Construction Stormwater - Credential Requirements
Any person performing construction site inspections under the Kentucky Construction General Permit (CGP) must have comprehensive training in stormwater construction management such as KEPSC or equivalent training.
Kentucky Final Stabilization for Construction Activities
In compliance with the Kentucky Construction General Permit (CGP), owners or operators are required to initiate final stabilization on portions of a project where all construction activity has permanently ceased within fourteen (14) days of project completion. In order for final stabilization to qualify as “long-term,” the erosion control practice(s) selected and installed must provide at least three (3) years of erosion control protection. Temporary stabilization practices should be enforced on portions of the project where all construction activity has temporarily ceased within fourteen (14) days of temporary completion. Final stabilization will be initiated on any construction site where activity has stopped for more than 180 days.
In order to achieve final stabilization, all land disturbing activities on a construction site must be completed and either of the following criteria are met:
a. A uniform, perennial vegetative cover with a density of 70 percent of the native background vegetative cover for the area has been established on all unpaved areas.
(Perennial vegetation includes grasses, ground covers, trees, shrubs, etc.)
b. Equivalent stabilization measures such as riprap, gabions, or geotextiles have been employed.
*Note: If more than three (3) years is required to establish the 70% standard of the native vegetative cover, that technique is not authorized as an effective final stabilization method and cannot be cited for permit termination requirements.
In situations where the environmental impact of the construction activity is low, The Kentucky Division of Water (DOW) believes that final stabilization can consist of techniques that utilize re-vegetation combined with other stabilization methods, such as “temporary degradable rolled erosion control” products.
Kentucky Stormwater Permit Termination Process - Notice of Termination (NOT)
Once one or more of the following criteria have been met, owners or operators must submit a completed Notice of Termination (NOT) to the Kentucky Department of Water (DOW):
- Final stabilization has been achieved on all portions of the site for which the owner or operator has responsibility for permit coverage.
- Another owner or operator has taken over permit coverage for all portions of the site not finally stabilized.
- A site has coverage under an individual Kentucky Pollutant Discharge Elimination System (KPDES) permit.
Completed Notice of Termination (NOT) forms should be submitted to the Kentucky Department of Water (DOW).
Division of Water
200 Fair Oaks Drive
Frankfort, Kentucky 40601
Southeast
Ramanathan Sampath
Email Ramanathan »
(404) 562-9229
US EPA, Region 04 / Water Permits Division
Atlanta Federal Center61 Forsyth St SW
Atlanta, GA, 30303-3104
Paul Water
Kentucky Department for Environmental Protection
(502) 782-7118
Email Paul »
Agency Website »
300 Sower Blvd. 3rd Floor
Frankfort, KY, 40601
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