Industrial Programs Section
Stormwater Program

• General Information
• Contact Information
• Construction Stormwater Program
• Industrial Stormwater Program
• Municipal Stormwater Program

New - Construction Stormwater Permit Effective January 2, 2007 and Associated Forms

New - Industrial Stormwater Permit 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 reissued the Kansas General Permit for Stormwater Runoff Associated with Construction Activities on January 2, 2007. The new permit expires December 31, 2011. 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-0701-1.

Major modifications in the reissued permit include the removal of references to large construction activity (5 acres or more) as all construction activity of one (1.0) acre or more of soil disturbance now requires authorization to discharge stormwater runoff, clarification on a complete Notice of Intent submittal, redefining the termination criteria for subdivision projects, and various wording changes to clarify permit requirements.

Industrial Stormwater:

KDHE issued the Kansas General Permit for Stormwater Runoff Associated with Industrial Activity effective September 1, 2006, and is currently in the process of notifying facilities that have filed an NOI or application on obtaining authorization under the general permit. Once a facility is notified to obtain authorization under the industrial general permit the permittee must respond with a newly completed NOI and a fee payment for the first year of coverage. If no response is received, the facility does not have authorization to discharge stormwater from industrial activities and discharges are violations of the federal Clean Water Act. Facilities that have filed an NOI in the past or filed under the group application and KDHE has not as yet notified the facility to obtain authorization are considered to have met the notification requirements for stormwater runoff associated with industrial activity.

The principal requirement of the Kansas General Permit for Stormwater Discharges Associated with 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.

Contact Information:

• Construction and Industrial Stormwater Permits:
• Joe Mester, (785) 296-6804 (Administration)
• Larry Hook , (785) 296-5549 (Construction)
• Eric Staab, (785) 296-4347 (Industrial)
• Dorothy Geisler, (785) 296-5545 (Applications and Billings)
• Stormwater Program Email

• Municipal Separate Storm Sewer Systems (MS4s)
• Rance Walker, (785) 296-5537

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-0701-1. 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 at least 60 days before starting 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.

CURRENT - Effective 1/2/2007:

Construction Stormwater Program Overview:

• Construction Stormwater Executive Summary (.pdf)

Construction Stormwater Permit, Effective 1/2/2007:

• Stormwater Runoff from Construction Activities General NPDES Permit - Effective 1/2/2007 (.pdf)
• Construction Stormwater Definitions and Acronyms (.pdf)

Construction Stormwater Notice of Intent Form (NOI):

• Notice of Intent - Construction Activities (.pdf) – Effective 1/2/2007
• Notice of Intent Instructions - Construction Activities (.pdf)

Other Forms (Effective 1/2/2007):

• Construction Stormwater Contractor's Certification Form (.pdf)
• Construction Stormwater Individual Lot Certification (.pdf)
• Construction Stormwater Notice of Termination (.pdf)
• Construction Stormwater Notice of Transfer of Ownership (.pdf)

Rainfall Erosivity Waiver:

• Rainfall Erosivity Waiver Application (.pdf)
• Rainfall Erosivity Waiver Application Instructions (.pdf)
• Construction Rainfall Erosivity Waiver Fact Sheet 3.1
• Erosivity Index Calculator for Construction Sites 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:

• 1/2/2007 Fact Sheet: Construction Stormwater General Permit (.pdf)
• 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)
• KDOT Couny 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).

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.

Related Links

• EPA Stormwater Program Homepage
• Kansas Department of Wildlife and Parks
• 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

Threatened & Endangered Species

• Kansas Department of Wildlife and Parks
• Missouri Dept. Conservation Best Management Practices for protecting Threatened and Endangered Species

Local Programs

• Overland Park Public Works Department
• Overland Park - Erosion Control Resources & Land Disturbance Permits
• City of Wichita Stormwater Utility
• Kansas City Metropolitan Area Chapter - American Public Works Association Construction Specifications and Design Criteria for Public Works Construction Projects

Industrial Stormwater Program

• New – Industrial Stormwater Permit – Issued September 1, 2006 (Complete General Permit Packet)

  • Industrial Stormwater Permit Executive Summary
  • Industrial Stormwater General NPDES Permit – Effective September 1, 2006
  • Industrial Stormwater Permit Appendix I, Definitions
  • Industrial Stormwater Permit Appendix II, Forms
  • Industrial Stormwater Notice of Intent Form (NOI)
  • Industrial Stormwater NOI Instructions
  • Industrial Stormwater No Exposure Certification form (NOEC)
  • Industrial Stormwater 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)

  Additional Industrial Stormwater Resources

  • Please contact Eric Staab for further information or email KDHE at stormwater@kdhe.state.ks.us
  • Industrial Stormwater Pollution Prevention Plan (SWP2 Plan) Guidance (Link) Stormwater Management for Industrial Activities: Developing Pollution Prevention Plans and Best Management Practices (EPA 832-R-92-006) provides guidance on developing industrial SWP3s. The publication can be downloaded from the EPA website in PDF format.
  • EPA Industrial Stormwater Website Link
  • GA Tech Industrial Stormwater Technical Assistance Website
  • Electronic Code of Federal Regulations - Title 40 Protection of Environment
  • Standard Industrial Classification (SIC) Code Search

Municipal Stormwater Program (MS4s):

• 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

Recommended Link

• 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.

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