State of Kansas
Kansas stormwater laws & regulations
The State of Kansas operates under the National Pollutant Discharge Elimination System (NPDES) program under the authorization of the U.S. Environmental Protection Agency (EPA) through state regulation Kansas Statutes Annotated 65-165. The Industrial and Municipal Programs Sections from the Bureau of Water of the Kansas Department of Health and Environment (KDHE) jointly manage the permitting and compliance of stormwater discharge. The Industrial Programs Section issues stormwater permits associated with construction and industrial activities. The Municipal Programs Section issues permits for the MS4 systems. There is no state level guidance manual, and the state has no numerical standards for post-construction, however the individual MS4s must meet a maintenance and good housekeeping requirement.
65-165. Permits for discharge of sewage or extension of sewer system; exceptions; general permits; revocation or modification of permit.
(a) Upon application made to the secretary of health and environment by the public authorities having by law the charge of the sewer system of any municipality, township, county or legally constituted sewer district, or any person, company, corporation, institution, municipality or federal agency, the secretary of health and environment shall consider the case of a sewage discharge or sewer system, otherwise prohibited by this act from discharging sewage into any of the waters of the state, or the extension of a sewer system. The secretary shall issue a permit for the extension of the sewer system or for the discharge of sewage, or both, if the secretary determines that:
(1) The general interests of the public health would be served thereby or the discharge of such sewage would not detract from the quality of the waters of the state for their beneficial uses for domestic or public water supply, agricultural needs, industrial needs, recreational needs or other beneficial use; and
(2) such discharge meets or will meet all applicable state water quality standards and applicable federal water quality and effluent standards under the provisions of the federal water pollution control act and amendments thereto as in effect on January 1, 1998. The secretary shall stipulate in the permit the conditions on which such discharge will be permitted and shall require such treatment of the sewage as determined necessary to protect beneficial uses of the waters of the state in accordance with the statutes and rules and regulations defining the quality of the water affected by such discharge and may require treatment of the sewage in accordance with rules and regulations predicated upon technologically based effluent limitations. Indirect dischargers shall comply with all applicable pretreatment regulations and water quality standards.
(b) The secretary of health and environment may establish, by rules and regulations, a program of annual certification of public sanitary sewer systems to approve, without the necessity of securing an additional permit from the secretary, sewer extensions for which the plans:
(1) Are prepared by a professional engineer, as defined by K.S.A. 74-7003 and amendments thereto; and
(2) conform to the minimum standards of design for water pollution control facilities published by the secretary. A public sanitary sewer system shall qualify for such certification only if the secretary determines that the system has staff, or persons under contract, qualified to approve sewer extensions and the system complies with any conditions that the secretary establishes to effectively monitor and control the certification process, including but not limited to such periodic reporting of sewer extensions approved or sewer connection permits issued, or both, as the secretary may require.
(c) If, in the opinion of the secretary of health and environment, issuance of general permits is more appropriate than issuance of individual permits, the secretary may establish, by rule and regulation, procedures for issuance of general permits to the following sources and facilities if such sources and facilities involve similar types of operations, discharge the same types of wastes or engage in the same types of sludge use or disposal practices, require similar monitoring requirements or require the same effluent limitations, operating conditions, or standards for sewage sludge use or disposal:
(1) A category of point and nonpoint sources of sewage such as storm water;
(2) other categories of point and nonpoint sources of sewage; or
(3) categories of facilities treating domestic sewage. Availability of general permits shall be limited to areas defined by geographical or political boundaries such as, but not limited to, city, county or state boundaries, state or county roads and highways or natural boundaries such as drainage basins. The secretary may establish, by rule and regulation, procedures for the issuance, revocation, modification and change, reissuance or termination of general permits in the manner provided by law.
(d) Any permit application may be denied and every permit for the discharge of sewage shall be revocable, or subject to modification and change, by the secretary of health and environment, upon notice having been served on the public authorities having, by law, the charge of the sewer system any municipality, township, county or legally constituted sewer district or on the person, company, corporation, institution, municipality or federal agency owning, maintaining or using the sewage system. The length of time after receipt of the notice within which the discharge of sewage shall be discontinued may be stated in the permit, but in no case shall it be less than 30 days or exceed two years; if the length of time is not specified in the permit, it shall be 30 days. On the expiration of the period of time prescribed, after the service of notice of denial, revocation, modification or change from the secretary of health and environment, the right to discharge sewage into any of the waters of the state shall cease and terminate, and the prohibition of this act against such discharge shall be in full force, as though no permit had been granted, but a new permit may thereafter again be granted, as hereinbefore provided.
(e) Any permittee or permit applicant upon whom notice of denial, revocation, modification or change has been served pursuant to subsection (d) may appeal to the secretary within 30 days after service of the notice. All permit applications and requests for appeal are subject to the provisions of the Kansas administrative procedure act.
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.
Permit coverage is not required for routine maintenance (see endnote 7, page 21), for certain demolition and linear projects and for certain project support activities as specified in Part 1.1 of this permit.
Part 1. WHO MUST OBTAIN AUTHORIZATION TO DISCHARGE
Owners or operators of construction activities which may disturb one (1.0) or more acres of soil or are part of a larger common plan of development or sale which may disturb a cumulative total of one (1.0) or more acres of soil must obtain authorization to discharge stormwater runoff from construction activities.
Owners or operators of construction activities which disturb less than one acre (<1.0 acre) of soil, and 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 believes the water quality impact warrants consideration or KDHE determines the construction activities constitute a significant pollution potential (i.e., sites that will disturb contaminated soils, contaminated groundwater, or sites adjacent to sensitive waters).
Part 6. CONTINUING COVERAGE - ANNUAL PERMIT FEE AND RENEWAL REQUIREMENTS
The permit holder shall pay an annual permit fee as specified in K.A.R. 28-16-56 et seq. as amended as long as stormwater discharges from the facility continue to meet the definition of stormwater discharges from construction activities. Make the check payable to "KDHE". An annual invoice for the annual fee will be sent to the designated billing contact listed in the NOI. Payment of the annual permit fee is required to maintain continued coverage under this NPDES general permit until such time as a request for a transfer of ownership is received and accepted by KDHE or until the site is stabilized and a Notice of Termination (NOT) is received by KDHE or the permit is revoked/terminated. KDHE reserves the right to revoke/terminate coverage under this NPDES general permit to applicants for stormwater runoff from construction or soil disturbing activities where annual payment for continuing coverage has not been received or reasonable application of best management practices or pollution controls have not been implemented or maintained following notification by KDHE staff. Authorization under this general permit will be placed on inactive status by KDHE without further notice for any of the following reasons:
a) Failure to pay the annual permit fee after the mailing of the annual invoice and with no payment received for 3 months after the date of the invoice;
b) Failure to provide KDHE with a valid current mailing address which results in an invoice or other KDHE correspondence being returned by the post office without a forwarding address. Projects that have been inactivated will no longer have permit coverage under this general permit. Projects for which a Notice of Intent has been submitted but not Authorized and for which a response to a KDHE request for additional documentation has not been received within one year of NOI submittal will be administratively closed.
Part 7. STORMWATER POLLUTION PREVENTION PLAN REQUIREMENTS AND GUIDELINES
7.2.8 Permanent Stormwater Controls –
If applicable, the permittee's SWP2 Plan shall include a description of the measures that will be installed during construction to control pollutants in stormwater runoff that will occur after construction activities have been completed. These would include drainage channels or systems; outlet control devices, detention basins, oil water separators, catch basins, etc. This NPDES general permit does not require the permittee or his contractors to operate or maintain these measures beyond the date of the Notice of Termination unless otherwise notified by KDHE. 7.2.9.
Part 11. STANDARD CONDITIONS
11.7 Civil, Criminal, and Administrative Liability –
Kansas law provides for civil and criminal punishment including fines and imprisonment for violations of this NPDES general permit. The permittee shall comply with all requirements of this NPDES general permit. Except as authorized in paragraph 11.10 below, nothing in this permit shall be construed to relieve the permittee from administrative, civil or criminal penalties for noncompliance as provided for in KSA 65-161 et seq., and 33 USC Section 1319.