Industrial Programs Section Stormwater Program

There are three types of stormwater Permits: Construction, Industrial and Municipal Separate Storm Sewer System/MS4.

The Stormwater Program at KDHE is administered jointly by the Industrial and Municipal Programs Sections within the Bureau of Water. The Industrial Programs Section issues permits for stormwater discharges associated with construction and industrial activities and the Municipal Programs Section issues permits for the MS4 systems.

  1. Construction
  2. Industrial
  3. Municipal / MS4

Construction Stormwater

KDHE has reissued the Kansas General Permit for Stormwater Runoff from Construction Activities effective August 1, 2017. The new permit expires July 31, 2022 and replaces the previous general permit which expired March 1, 2017. Projects authorized prior to August 1, 2017 may operate under the previous general permit for 18 months, ending January 31, 2019. If these projects are not terminated by January 31, 2019, they must meet the requirements of the new general permit.

Coverage under this NPDES general permit authorizes the discharge of stormwater runoff from construction activities for sites where the discharge point is located in Kansas and for discharges and construction activities that are conducted in accordance with the provisions and requirements of this permit and in accordance with a site specific stormwater pollution prevention plan. Coverage continues from the date of Authorization until the site is stabilized and the construction stormwater discharge Notice of Termination (NOT) is received by KDHE or the permit is revoked/terminated for cause by KDHE.

Owners or operators of any project or combination of projects who engage in construction activities which will disturb one or more acres must have authorization to discharge stormwater under the Stormwater Runoff from Construction Activities General Permit S-MCST-1703-1. Construction activities consist of any activity (e.g. clearing, grubbing, excavating, and grading) which disturb a cumulative total of one (1.0) or more acres or when the site is a part of a larger common plan of development or sale which will disturb a cumulative total of one or more acres.

Owners or operators of construction activities which disturb less than one acre (<1.0 acre), and which are not part of a larger common plan of development or sale, must have authorization to discharge stormwater runoff from construction activities under this NPDES general permit when KDHE notifies the owner or operator that the water quality impact from discharge of stormwater runoff from construction activity warrants consideration because the proposed construction activities constitute a significant pollution potential.

Major modifications in the reissued permit include the addition of EPA's Construction and Development effluent guideline standard (40 CFR 450) in effect at the time this NPDES general permit is issued, identification of certain activities that are not considered construction activities requiring permit coverage, reduction of the timeframe for completing stabilization of disturbed areas from 21 days to 14 days after soil disturbing activities cease, removal of disturbed areas from stabilization requirements if the intended function of the area necessitates that it remain disturbed or when the area is temporarily stabilized by ice, snow cover or frozen soil conditions. The inspection requirements have been modified to clarify when regularly scheduled and rain event inspections are required, with weekends and specific holidays excluded from inspection scheduling and with inspections postponed when access to the site is unsafe or infeasible. Inspections after rain events are no longer required at inactive project sites where soil disturbing construction activities have permanently ceased and final stabilization activities have been completed but vegetative density does not meet final stabilization requirements. Regularly scheduled inspections are still required at such inactive sites.