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Kentucky Division of Water Issues Revised Draft KPDES General Permit for Storm Water Discharges from Construction Activities

On January 30, 2009 the Kentucky Division of Water issued for public comment a revised draft KPDES general permit that would authorize discharges of storm water from construction activities.  The draft permit would replace the previous general permit that expired on September 30, 2007 but has continued in effect for discharges authorized under the permit prior to its expiration.  The draft permit is very significant in that it will establish the Clean Water Act obligations for many hundreds of Kentucky entities engaged in construction activities including building contractors; road and utility contractors; water, sewer and electric utilities; municipalities and even state government itself.

The most recent draft permit replaces a draft permit issued in November 2008 that was widely criticized and ultimately withdrawn.  The current draft permit addresses many of the issues that gave rise to concern about the previous draft, including the following:

  • No acreage limitation (previously limited to 5 acres);
  • Three year permit term (previously limited to 2 years);
  • Increased flexibility in requirements for use of buffer zones, retention ponds and other control measures; and
  • Automatic authorization to discharge 7 days after submission of the notice of intent in the absence of Division of Water disapproval rather than authorization upon specific approval by the Division.

Although the current draft permit represents a significant improvement over the previous draft permit, a number of important issues remain, including the following:

  • A 45 day transition period for activities authorized under the expired permit to come into compliance with the new more detailed requirements;
  • A requirement that alternative measures to buffer zones and retention pond requirements provide “equivalent” protection; and
  • A requirement that notices of intent for general permit coverage be submitted electronically accompanied by the storm water pollution prevention plan.

The Division of Water will accept written comments regarding the revised draft permit through March 4, 2009 and will hold a public hearing on that draft permit at 6:00 p.m. on March 4, 2009 at 300 Fair Oaks Lane, Room 301D, Frankfort, Kentucky.

Greenebaum attorneys have reviewed the draft permit and will be submitting comments on these and other important issues on behalf of its client groups that will be subject to the permit.

If you have any questions regarding this, or any other environmental legal issue, please contact any member of Greenebaum's Environmental and Natural Resources Team.


 

Even though the content of the above Greenebaum Doll & McDonald e-bulletin is primarily informative, state and federal law obligates us to inform you that this is an advertisement. You have received this advisory because you are a client or friend of the firm.

 
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Greenebaum Doll & McDonald PLLC is a widely-respected business law firm with approximately 200 legal professionals in six offices, serving local, national and international clients in virtually every industry. A forward-thinking business law firm, Greenebaum is committed to the practice of Breakthrough Law®. For more information, visit www.greenebaum.com.

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