Thursday, May 31, 2012

Reissued Kansas KDHE Construction Discharge Permit

The Kansas Department of Health & Environment (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 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 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 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),
  • 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,
  • 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.
Caltha LLP provides expert consulting services to public and private sector clients in Kansas and nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at or Caltha LLP Website

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