Industrial Programs Section Stormwater

Program


New - Construction Stormwater Permit Effective August 1, 2017 and Associated Forms

New - Industrial Stormwater Permit Effective November 1, 2016 and Associated Forms

General Information

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.

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 (1) 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.

Industrial Stormwater:

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, 2016 through October 31, 2021. The re-issued permit and forms contain new and additional requirements.

The following links are to the new Industrial Stormwater General Permit.

Industrial Stormwater General Permit S-ISWA-1611-1 (Effective November 1, 2016)

Industrial Stormwater General Permit S-ISWA-1611-1 Response to Public Notice Comments dated September 30, 2016 |

Industrial Stormwater General Permit Statement of Public Notice (From August 18, 2016 to September 17, 2016)

Industrial Stormwater General Permit S-ISWA-1611-1 Fact Sheet |

Industrial Stormwater No Exposure Re-Certification Form |

Redline Strikeout Version "Compare" between old (2011) and new (2016) Public Notice Copy of permit

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-1611-1. The new forms for Industrial Stormwater General Permit S-ISWA-1611-1 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, do not need to submit a new NOI, but need to comply with the requirements of the new general permit S-ISWA-1611-1. 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, 2017 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 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 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.

Contact Information:

  • Construction and Industrial Stormwater Permits:
  • Municipal Separate Storm Sewer Systems (MS4s)

Address Information:

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

Construction Stormwater Program:

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-1703-1. Anyone who disturbs less than one acre may require authorization to discharge stormwater runoff when KDHE believes the water quality impact warrants consideration.

Application for the construction stormwater permit is made by completing a Notice of Intent (NOI) form which should be submitted at least 60 days before the start of the scheduled construction to avoid any unplanned delays. 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.

KDHE Response to Comments - May 18, 2017 Notice for Public Comment Period:

The previous general permit expired on March 1, 2017 but was administratively extended. A draft replacement permit was made available for public comment through the following link, with comments due June 17, 2017:

KDHE received a number of written comments by the June 17, 2017 deadline and has revised the permit in response to the comments. A summary of the comments received and the KDHE response is provided through the following link:

  • KDHE Response to Comments – May 2017 Draft Replacement Construction Stormwater General Permit (.pdf) (Pending)

CURRENT - Effective 8/1/2017:

Construction Stormwater Program Overview:

Construction Stormwater Permit, Effective 8/1/2017:

Construction Stormwater Notice of Intent Form (NOI), Effective 8/1/2017:

Other Forms, Effective 8/1/2017:

Rainfall Erosivity Waiver:

Other Supporting Information:

Fact Sheets and Previous General Permits:

Area Maps and Receiving Waters:

Guidance on developing a Stormwater Pollution Prevention Plan (SWP3):

Related Links

Threatened & Endangered Species

Local Programs


Industrial Stormwater Program

Industrial Stormwater Permit – Effective November 1, 2016 (Complete General Permit Packet)

Additional Industrial Stormwater Resources


Municipal Stormwater Program (MS4s):

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