For Immediate Release
March 19, 2012

KDHE Office of Communications, 785-296-0461

Modified Construction Stormwater General Permit Issued

TOPEKA, Kan. – The Kansas Department of Health and Environment (KDHE) has issued a modified construction stormwater permit for owners or operators of any project or combination of projects who engage in construction activities that will disturb one or more acres. The new permit, Stormwater Runoff from Construction Activities General Permit S-MCST-0312-1, became effective March 2 and replaces the general permit that remained in effect through March 1.

Coverage under this National Pollutant Discharge Elimination System (NPDES) general permit authorizes the discharge of stormwater runoff from construction activities when conducted in accordance with the provisions and requirements of this permit and in accordance with the site specific stormwater pollution prevention plan.  The new permit is available at and hard copies are available upon written request.

Major modifications in the reissued permit include the addition of Environmental Protection Agency’s Construction and Development effluent guideline standard (40 CFR 450) in effect at the time this NPDES general permit was issued; procedures for construction activities undertaken to avoid imminent endangerment to the public health or environment in response to a public emergency; additional best management practices for steep slopes and drainage channels; a revision to the Sediment Basin Design Criteria to allow reduced detention volume for areas of Western Kansas; and various wording changes to clarify permit requirements.

Projects authorized prior to March 2, 2012 may operate under the previous general permit for 18 months, ending Sept. 1, 2013.  If these projects are not terminated by Sept.1, 2013, they must meet the requirements of the new general permit or apply for an individual stormwater discharge permit. The primary requirement of the general permit is for the permittee to develop and implement a Stormwater Pollution Prevention (SWP2) Plan. The SWP2 Plan must contain certain items that are specified in the general permit including the Best Management Practices that will be utilized to control erosion, sediment discharges, and reduce the potential of the contamination of stormwater runoff associated with construction activities.