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Kentucky Construction Stormwater Permit (6-KY-b)

In Kentucky, a developer may need to obtain a KYDEP Stormwater Construction General Permit (“Permit”) from the Kentucky Department of Environmental Protection (“KYDEP”) for construction projects that disturb one or more acres of land or are part of a common plan of development or sale that will disturb one or more acres of land, in compliance with the National Pollutant Discharge Elimination System (“NPDES”) of the Clean Water Act (“CWA”). The Kentucky Pollution Discharge Elimination System (“KPDES”) program is implemented in 401 K.A.R. §5:055. KYDEP issues Permits to developers pursuant to K.R.S. §224.16-050.



Construction Stormwater Permit Process

6-KY-b.1 to 6-KY-b.2 – Does the Project Qualify for a General Permit Waiver?

Under the KPDES program, a developer may not need to obtain a Permit if the developer’s project qualifies for a project waiver. KPDES has several waivers for projects that are considered small construction activities. All waiver certifications must be submitted at least thirty (30) days prior to the commencement of construction activities.

Rainfall Erosivity Waiver

This waiver applies to small construction projects where rainfall/runoff erosivity is expected to be negligible. To qualify this waiver, the developer must calculate the erosivity (“R”) factor on The EPA’s Erosivity Factor Calculator. If the developer’s small construction project has an erosivity factor of less than 5, the project is eligible for a waiver and the developer may file a certification of the project size and R factor with KYDEP, requesting a waiver.

KYDEP Stormwater Construction General Permit.

Total Maximum Daily Load (“TMDL”) Waiver

Projects that plan to discharge into a body of water that the Environmental Protection Agency (“EPA”) has determined that controls on stormwater discharges from small construction activities are not needed to protect the water quality, are eligible for a TMDL Waiver. The developer must check and see if a TMDL exists for the body of water that the project discharges into. If a TMDL exists, then the project is eligible for a waiver. If the project is eligible for a waiver, the developer may file a certification with KYDEP to obtain the waiver. The certification must contain:

  • The name, address and telephone number of the construction site operators;
  • The name, address, county and latitude/longitude of the construction project or site;
  • The estimated construction start and completion dates, and total acreage to be disturbed;
  • The name of the body or bodies of water that would be receiving stormwater discharges from the construction project;
  • The name and approval date of the TMDL; and
  • A statement signed and dated by an authorized representative of the developer certifying that the construction activity will take place and that the stormwater discharges will occur, within the drainage addressed by the TMDL.

KYDEP Stormwater Construction General Permit.

Equivalent Analysis Waiver

In a small construction project, where the developer conducts an equivalent analysis that determines pollutant of concern allocations for the site or determines that no such allocations are necessary to protect water quality, qualifies for an Equivalent Analysis Waiver. This analysis requires the developer to generate a wasteload allocation for the site based on the existing in-stream concentrations, expected growth in pollutant concentrations from all sources, and a margin of safety. If the developer performs an equivalent analysis and wasteload allocation, then the site is eligible for the waiver and a certification may be filed with KYDEP. The certification must contain:

  • The name, address and telephone number of the construction site operators;
  • The name, address, county and latitude/longitude of the construction project or site;
  • The estimated construction start and completion dates, and total acreage to be disturbed;
  • The name of the body or bodies of water that would be receiving stormwater discharges from the construction project;
  • The equivalent analysis;
  • A statement signed and dated by an authorized representative of the developer certifying the construction activity will take place and that the stormwater discharge will occur, within the drainage addressed by the equivalent analysis.

KYDEP Stormwater Construction General Permit.

6-KY-b.3 – Construction Stormwater General Permit NOI

If the developer’s project does not qualify for a waiver, the developer must submit a Notice of Intent (“NOI”) to KYDEP at least seven (7) days before the start of construction. The NOI must be submitted electronically on KYDEP’s eForm Applications Website. On the website, the developer needs to type in the form number, and the website automatically provides the developer with the most recent version of KYDEP’s NOI. The NOI must include the following information:

  • The names of all developer seeking the Permit;
  • Contact information for all developers, including:
    • Mailing Address(es);
    • Telephone Number(s); and
    • Email address(es);
  • Facility/Site location information, including:
    • The name of project;
    • The project’s physical location/address;
    • The site’s latitude and longitude; and
    • The nearest community, if applicable;
  • Project information, including:
    • The total number of acres in project;
    • The total number of acres to be disturbed;
    • The anticipated start date and completion date;
    • The name(s) of the body of water receiving the discharge;
    • The anticipated number of discharge points; and
    • The location (latitude and longitude) of anticipated discharge points;
  • Whether the project requires construction activities in a body of water or riparian zone, and if so, a description of the scope of the activity, including how many linear feet of the body of water and acres of the riparian zone will be impacted;
  • Whether a Clean Water Act §404 permit (individual or nationwide) is required;
  • Whether a Clean Water Act §401 Water Quality Certification? (individual or general) is required;
  • A certification that all information provided on the NOI and the attachments is correct and accurate, including the developer’s signature;
  • Information on the person that prepared the NOI, including the person’s name and contact information (mailing address, telephone number, and email address); and
  • A legible site map of appropriate scale that illustrate the following:
    • The property boundary of the project including entrances;
    • The areas to be disturbed;
    • The location(s) of anticipated discharge points;
    • The location of receiving water; and
    • The locations of nearby roads, and their labels.

KYDEP Stormwater Construction General Permit.

6-KY-b.4 to 6-KY-b.5 – Review Application Materials for Completeness

After receiving an NOI, KYDEP reviews the NOI for technical and administrative completeness. If the NOI is not complete, KYDEP will not process the NOI. KYDEP Stormwater Construction General Permit.

6-KY-b.6 to 6-KY-b.7 – Review NOI for Approval

After determining that the NOI is complete, KYDEP reviews the NOI to ensure that a general permit will suffice for the proposed project.

6-KY-b.8 – Construction Stormwater General Permit

If the project only requires a General Permit, and the NOI is complete, KYDEP issues a Permit to the developer. The Permit contains several standard conditions the developer must comply with, such as:

  • Mitigating, minimizing or preventing any discharge that has a reasonable likelihood of adversely affecting human health or the environment;
  • Properly operating and maintaining all facilities and systems of treatment and control;
  • Furnishing information requested by KYDEP relating to the Permit, within a reasonable time;
  • Allowing KYDEP to enter and inspect the site and facility at reasonable times;
  • Taking appropriate measurements in order to monitor discharges and water quality;
  • Maintaining adequate records of the measurements taken;
  • Providing notice to KYDEP as soon as possible of any planned physical alterations or additions to the permitted facility; and
  • Reporting any noncompliance that may endanger human health or the environment to KYDEP within twenty four (24) hours of the developer becoming aware of the noncompliance.

KYDEP Stormwater Construction General Permit.

As a part of the Permit, the developer must also develop a Stormwater Pollution Prevention Plan (“SWPPP”) prior to construction. The SWPPP must contain:

  • A description of the nature of the construction activity, including:
    • The function of the project (e.g., electrical transmission line, hydroelectric facility, transportation construction, etc.);
    • The intended significant activities, presented sequentially, that will disturb soil over major portions of the site (e.g., grubbing, excavation, grading);
    • Estimates of the total area of the site and the total area of the site that is expected to be disturbed by excavation, grading or other activities, including off-site borrow/fill areas; and
    • A description of the water quality classification of the receiving water(s);
  • A legible site map of sufficient scale to depict the following:
    • The property boundary of the project, and if subdivided, show all lots and indicate on which lots construction activities will occur;
    • Anticipated drainage patterns and slopes after major grading activities including impervious structures;
    • Areas of soil disturbance and areas that will not be disturbed including fill and borrow areas;
    • Locations and types of sediment control measures, erosion control measures, planned stabilization measures, and other site management practices;
    • Locations of surface waters, including wetlands, and riparian zones;
    • Locations of karst features such as sinkholes, springs, etc.;
    • Locations of discharge points;
    • Locations of equipment storage areas, materials storage areas including but not limited to top soil, storage, fuels, fertilizers, herbicides, etc.;
    • Location of concrete wash out areas, waste management areas, area of site egress;
    • If applicable, locations where final stabilization has been accomplished and no further construction-phase permit requirements apply; and
    • Other major features and potential pollutant sources;
  • Documentation of stormwater controls to reduce pollutants;
  • Erosion prevention measures;
  • Sediment control measures;
  • Provisions providing for regular inspections of the site; and
  • Provisions for updating the SWPPP as needed.

KYDEP Stormwater Construction General Permit.

The developer must also comply with all the standard conditions listed in the Permit. The Permit is valid for one (1) year unless the developer applies for an extension to the Permit.

6-KY-b.9 – Notice of Termination

The developer must submit a completed Notice of Termination (“NOT”) on KYDEP’s eForm Applications Website after one of the following conditions occur:

  1. Final stabilization has been achieved on all portions of the site for which the developer is responsible;
  2. Another developer has assumed control over all areas of the site that have not been stabilized; or
  3. The developer obtains coverage under an individual KPDES permit.

KYDEP Stormwater Construction General Permit.

Once the developer submits the NOT and KYDEP accepts it, coverage under the Permit is terminated, and the developer is relieved of responsibility under the Permit. If the developer does not submit an NOT, the coverage automatically terminates two (2) years after authorization to discharge is granted, unless the developer applies for coverage extension. KYDEP Stormwater Construction General Permit.

6-KY-b.10 – Appeal Decision (Optional)

Any party affected by KYDEP’s final order may appeal that order. The affected party must file the appeal within thirty (30) days of the entry of the final order to the Circuit Court of the county where the structure or activity subject to the order is located. The appeal petition must fully state the grounds for which a review is sought. K.R.S. § 151.186; 401K.A.R. §100:010.


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Contact Information









Edit Kentucky Department of Environmental Protection
Construction Storm Water Permit Contact 502-782-7048 justinaabbazabbariddick@kyabbazabbagov