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Stay Compliant: File a Notice of Intent for Coverage under KPDES General Permit for Stormwater Discharges Associated with Industrial Activity

On June 1, 2013, the Final KPDES General Permit for Stormwater Discharges Associated with Industrial Activity became effective. The prior General Permit expired in 2007. 

Although having a general permit available can ease the permitting burden, the new General KPDES Permit creates significant new recordkeeping and compliance requirements for facilities that must obtain coverage. Facilities should familiarize themselves with the requirements they will have to meet. One of the concerns raised by commenters is that the non-numeric provisions of the Permit could be interpreted very stringently by inspectors and/or third parties. For example, it may be difficult for facilities to confirm that their best management practices (BMPs) satisfy the “minimize,” “to extent feasible,” and “where possible” standards contained in the Permit relating to non-numeric control requirements. Industries currently operating under individual KPDES Permits should also be concerned that the same non-numeric control and Storm Water Pollution Prevention Plan (SWPPP) requirements will end up in their individual KPDES Permits upon renewal. You can view our previous coverage of the Permit in our March/April 2013 Environmental Letter.

To obtain coverage under the KPDES General Permit, facilities must submit a Notice of Intent (NOI). For existing facilities that obtained coverage under the prior General Permit that expired in September 2007, an updated NOI must be submitted within 90 days of June 1, 2013 (Aug. 29, 2013). New facilities and existing facilities that commenced discharge after Sept. 30, 2007 and need General Permit coverage must submit an NOI within 15 days of June 1, 2013 (June 16, 2013). Failure to submit an NOI in the specified timeframe will result in the termination of coverage. An NOI must be submitted electronically through the Kentucky Department for Environmental Protection’s website.

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