Industrial Programs Section Stormwater
- General Information
- Contact Information
- Construction Stormwater Program
- Industrial Stormwater Program
- Municipal 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 reissued the Kansas General Permit for Stormwater Runoff Associated with Construction Activities on March 2, 2012 with various modifications. The new permit expires March 1, 2017 and replaces the current general permit for stormwater discharges from construction activities which remained in effect through March 1, 2012. Projects authorized prior to March 2, 2012 may operate under the previous general permit for 18 months, ending September 1, 2013. If these projects are not terminated by September 1, 2013, 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 the 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 accepted 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 (1) or more acres must have authorization to discharge stormwater under the Stormwater Runoff from Construction Activities General Permit S-MCST-0312-1. 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 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, 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, a revision to the Sediment Basin Design Criteria to allow easier alternative basin detention size calculation for areas where large off-site areas drain to the basin or for areas of Western Kansas where the 2 year, 30 minute rain event is less than 1.3 inches, and various wording changes to clarify permit requirements.
KDHE has reissued the Kansas General Permit for Stormwater Runoff Associated with Industrial Activity effective November 1, 2011 through October 31, 2016. The reissued permit and forms contain new and additional requirements.
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-1111-1.
Facilities that currently have industrial stormwater discharge coverage with an Authorized Notice of Intent (NOI) from the previous Kansas General Permit for Stormwater Runoff Associated with Industrial Activity (effective September 1, 2006 through August 31, 2011), S-ISWA-0507-1, do not need to submit a new NOI, but need to comply with the requirements of the new general permit. Existing permitted facilities that wish to decline coverage under the new permit must submit an application for coverage under an individual permit by February 1, 2012 and must continue to comply with the conditions of the previous general permit until the individual permit is issued.
Existing facilities that have not submitted an NOI form and obtained coverage under the previous Kansas General Permit for Stormwater Runoff Associated with Industrial Activity do not have authorization to discharge stormwater from industrial activities. 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 September 1, 2006 will be contacted in the near future regarding coverage under the new Kansas/NPDES general permit for stormwater runoff from industrial activities.
The principal requirement of the Kansas General Permit for Stormwater Runoff from Industrial Activity is for the owner to develop and implement a Stormwater Pollution Prevention plan.
Municipal Separate Storm Sewer Systems (MS4s):
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 & 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 & 2 MS4s is available on the KDHE website. Contact Rance Walker (785) 296-5537 for MS4 permit questions.
- Construction and Industrial Stormwater Permits:
- Municipal Separate
Storm Sewer Systems (MS4s)
- Rance Walker, (785) 296-5537
NOIs must be sent to the following address:
Kansas Department of Health and Environment
Bureau of Water, Industrial Programs Section
1000 SW Jackson, Suite 420
Topeka, Kansas 66612-1367
The purpose of the construction stormwater program is to protect the waters of the State from contamination. Owners or operators of any project or combination of projects who engage in construction activities which will disturb one (1) or more acres must have authorization to discharge stormwater runoff under the construction stormwater general permit S-MCST-0312-1. Anyone who disturbs less than one acre may require authorization to discharge stormwater runoff when KDHE believes the water quality impact warrants consideration. All Municipal Separate Storm Sewer System (MS4) operators previously exempt from construction stormwater permitting requirements must now also apply for authorization to discharge stormwater runoff from construction activities under the requirements of this general NPDES permit.
Application for the construction stormwater permit is made by completing a Notice of Intent (NOI) form which needs to be submitted at least 60 days before the start of the scheduled construction. The permit fee for this general permit for stormwater runoff from construction activity is $60 per year. The primary requirement of the general permit is for the permittee to develop and implement a Stormwater Pollution Prevention (SWP2) plan. When the soil disturbing activity is completed and final stabilization of the site is achieved, the permittee must notify KDHE to terminate the authorization to discharge.
- Construction Stormwater Permit Packet (.pdf) (includes cover page, executive summary, contents, permit, definitions, all forms and separation pages for duplex printing)
Construction Stormwater Program Overview:
Construction Stormwater Permit, Effective 3/2/2012:
- Stormwater Runoff from Construction Activities General NPDES Permit - Effective 3/22/2012 (.pdf) (cover page, contents and permit)
- Construction Stormwater Definitions and Acronyms (.pdf)
Construction Stormwater Notice of Intent Form (NOI):
- Notice of Intent - Construction Activities (.pdf) – Effective 3/2/2012
- Notice of Intent Instructions - Construction Activities (.pdf)
Other Forms (Effective 1/2/2007):
- Construction Stormwater Individual Lot Certification (.pdf)
- Construction Stormwater Notice of Transfer of Owner/Operator (.pdf)
- Construction Stormwater Notice of Termination (.pdf)
Rainfall Erosivity Waiver:
- Rainfall Erosivity Waiver Application (.pdf)
- Rainfall Erosivity Waiver Application Instructions (.pdf)
- Construction Rainfall Erosivity Waiver Fact Sheet 3.1 (updated March, 2012)
- Rainfall Erosivity Factor (R) Calculator – New EPA Website
Other Supporting Information:
- Construction Stormwater Frequently Asked Questions (.pdf) (under development)
- KDHE Revised Position on Oil & Gas Construction Stormwater Exemption, December 2005 (.pdf)
Fact Sheets and Previous General Permits:
- 3/2/2012 Revised Fact Sheet based on Contruction Stormwater General Permit as Issued
- 11/16/2006 Fact Sheet: Construction Stormwater General Permit (.pdf)
- Previous Construction Stormwater General NPDES Permit - Utilized 1/2/2007 to 3/1/2012 (.pdf) (included herein for archive purposes only)
- Previous Construction Stormwater General NPDES Permit – Utilized 3/1/2003 to 12/31/2006 (.pdf) (included herein for archive purposes only)
Area Maps and Receiving Waters:
- List of Exceptional State Waters, Special Aquatic Life Use Waters and Outstanding National Resource Waters (.pdf)
- Critical Water Quality Management Areas (currently none designated)
- KDOT County Maps
- Current Kansas Surface Water Register (.pdf)
- Current Kansas Surface Water Register Maps (.pdf)
- USGS Stream Statistics, Kansas Median Flow Values (A county by county map of classified streams).
- Kansas Counties with 2 yr, 30 min Storm events of less than 1.3 inches
Guidance on developing a Stormwater Pollution Prevention Plan (SWP3):
Developing Your Stormwater Pollution Prevention Plan: A Guide for Construction Sites
EPA #833-R-060-04. Date Published: 5/1/2007
- Construction Industry Compliance Assistance - Stormwater; Includes a sample construction site SWP3, guidance on selecting BMP's, and other SWP3 resources.
- EPA Construction and Development Effluent Guidelines - New
- EPA Stormwater Program Homepage
- Kansas Department of Wildlife, Parks, and Tourism- Environmental Reviews
- Kansas State Historical Society
- Kansas Department of Agriculture Division of Water Resources
- Kansas Water Office
- Kansas Department of Transportation
- US Army Corps of Engineers - Kansas City District
- Certified Professional in Erosion and Sediment Control (CPESC)
Threatened & Endangered Species
- Kansas Department of Wildlife, Parks, and Tourism
- Missouri Dept. Conservation Best Management Practices for protecting Threatened and Endangered Species
- Overland Park Public Works Department
- Overland Park - Erosion Control Resources & Land Disturbance Permits
- Kansas City Metropolitan Area Chapter - American Public Works Association Construction Specifications and Design Criteria for Public Works Construction Projects
New – Industrial Stormwater Permit – Effective November 1, 2011 (Complete General Permit Packet)
- Industrial Stormwater General NPDES Permit – Effective November 1, 2011
- Industrial Stormwater Notice of Intent Form (NOI) & Instructions
- Industrial Stormwater No Exposure Certification form (NOEC) & Instructions
- Industrial Stormwater Notice of Termination form (NOT)
- Industrial Stormwater Notice of Transfer of Ownership form (NOTO)
- Industrial Stormwater SWP2 Plan Completion Certification form (SWP2 Plan CCF)
- Industrial Stormwater Permit Issued September 1, 2006
Additional Industrial Stormwater Resources
- Please contact Eric Staab for further information or email KDHE at firstname.lastname@example.org
- Frequently Asked Questions
- EPA Stormwater Policy and Guidance Documents
- Developing Pollution Prevention Plans and Best Management Practices, Summary Guidance EPA 832-R-92-002
- Developing your Stormwater Pollution Prevention Plan, EPA 833-B-09-003
- A Guide to Industrial Operators 2009
- EPA Industrial Stormwater Website Link
- EPA National Environmental Publications
- Electronic Code of Federal Regulations - Title 40 Protection of Environment
- Standard Industrial Classification (SIC) Code Search
- Ready Mix Concrete General Permit
- NPDES Storm Water Sampling Guidance Document, EPA 833-B-92-001
- EPA Industrial Stormwater Monitoring and Sampling Guide, EPA 832-B-09-003
- EPA NPDES Multi-sector General Permit for Industiral Activities
- EPA Individual Sector Fact Sheets EPA 833-F-06-016 through 044
- Please contact Rance Walker if you have questions.
- Municipal Separate Storm Sewer System (MS4) General Permits - July 26, 2004
- Small Municipalities List (.pdf)
- Listing of Phase I & 2 MS4s in Kansas
- Stormwater Manager's Resource Center; Includes information which local government officials need to know on municipal stormwater management issues including technical assistance and model ordinances.