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.
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.
The public notice period for renewal of the Kansas General Permit for Stormwater Runoff Associated with Industrial Activities has ended.
The new Kansas General Permit for Stormwater Runoff Associated with Industrial Activity is effective from November 1, 2021 through October 31, 2026. The re-issued permit and forms contain new and additional requirements.
A copy of the new Industrial Stormwater General Permit is available through the following link:
- Industrial Stormwater General Permit S-ISWA-2111-1 (PDF) (Effective November 1, 2021)
Owners or operators of new or existing unpermitted facilities subject to regulation of stormwater runoff associated with industrial activity as defined in 40 CFR 122.26(b)(14) or are otherwise designated by KDHE must utilize the new Notice of Intent (NOI) form to apply for and obtain coverage under the industrial stormwater general permit S-ISWA-2111-1. The new forms for Industrial Stormwater General Permit S-ISWA-2111-1 shall be used.
Facilities that currently have industrial stormwater discharge coverage with an Authorized Notice of Intent (NOI) from the previous Kansas General Permits for Stormwater Runoff Associated with Industrial Activity S-ISWA-0507-1, or S-ISWA-1111-1, or S-ISWA-16111-1 do not need to submit a new NOI, but need to comply with the requirements of the new general permit S-ISWA-2111-1.
Existing facilities that have not submitted an NOI form and obtained coverage under a previous Kansas General Permit for Stormwater Runoff Associated with Industrial Activity (facilities that have submitted historical individual applications, EPA group applications, or Notice of Intent (NOI) forms in the past but have not received an Authorized NOI since KDHE began issuing permits in September 1, 2006) do not have authorization to discharge stormwater from industrial activities, and need to submit an NOI and permit fee to obtain coverage.
The principal requirement of the Kansas General Permit for Stormwater Runoff from Industrial Activity is for the owner to develop, implement and maintain a Stormwater Pollution Prevention Plan (SWPPP).
Municipal Separate Storm Sewer System
The Municipal Programs Section permits the municipal separate storm sewer systems (MS4s). The permits are divided into Phase I and Phase II permits.
Kansas issued three Phase I MS4 permits to communities serving populations of 100,000 or greater: The three Phase I permits were issued to Topeka, Wichita and the Unified Government of Wyandotte County and Kansas City.
A total of 61 Phase II permits have been issued to 57 different MS4s. Five separate Phase II permits were issued to the Kansas Department of Transportation (KDOT) to provide permit coverage in the five urbanized areas. The five urbanized areas in Kansas are Wichita, Topeka, Lawrence, Kansas City Missouri- Kansas and St. Joseph Missouri-Kansas. A list of the Phase I and 2 MS4s is available on the KDHE website.
Questions? Contact Jordan Beck at 785-296-1996 for MS4 permit questions.