Everything You Need to Know about the Kansas SWPPP and NPDES Permit Requirements
- joeyruse
- Jan 9
- 3 min read
Understanding the environmental permitting process is essential for construction operators in Kansas to stay compliant and maintain project schedules. This includes adherence to the Kansas Department of Health and Environment (KDHE) requirements, obtaining coverage under the NPDES Construction Stormwater Program, and preparing a Stormwater Pollution Prevention Plan (SWPPP). This article provides an overview of SWPPP requirements, NPDES permit compliance, and steps for submitting a Notice of Intent (NOI) to secure stormwater permit coverage in Kansas.
What is a Stormwater Pollution Prevention Plan (SWPPP)?
A SWPPP is a detailed, site-specific document that outlines measures to prevent pollutants from contaminating stormwater runoff. Its primary purpose is to protect local water resources by managing sediment, erosion, and other potential pollutants originating from construction or industrial activities.
Who Needs a SWPPP in Kansas?
In Kansas, construction activities that disturb one acre or more of land must develop a SWPPP as part of obtaining coverage under the NPDES General Permit for Stormwater Discharges from Construction Activities. Projects smaller than one acre may also need to comply if they are part of a larger common plan of development that cumulatively disturbs an acre or more.
Projects disturbing less than one acre generally do not require a SWPPP or permit coverage unless they are part of a larger plan.
Key Components of a SWPPP
A compliant SWPPP in Kansas must include the following elements:
Site Description:
Project location and size
Type of construction activities
Sources of on-site pollutants and their locations
Erosion and Sediment Controls:
Structural Controls such as silt fences, sediment basins, and temporary vegetation.
Non-Structural Controls such as minimizing disturbed areas during construction, strategically phasing construction activities, utilizing vegetative buffers along drainage areas, and promptly stabilizing exposed soil with mulch or seeding
These measures must be described in narrative form and illustrated on a site map.
Good Housekeeping Practices:
Proper waste management, material storage, and spill prevention practices to limit pollutants from leaving the site.
Inspections and Maintenance:
Routine site inspections to ensure control measures are effective. Inspections in Kansas must occur either:
Once every 7 calendar days, or
Once every 14 calendar days & within 24 hours of a storm event of 0.5 inches or more.
Maintenance must occur as needed based on inspection report findings and routinely for certain controls such as stormwater detention basin.
Record Keeping:
Documentation of inspections, maintenance activities, and corrective actions taken.
NPDES General Permit Requirements in Kansas
The NPDES General Permit, issued by the Kansas Department of Health and Environment, governs stormwater discharges from construction activities. To comply, operators must:
Develop a SWPPP before applying for permit coverage.
Submit a Notice of Intent (NOI) to KDHE.
Implement the SWPPP on-site.
Conduct regular inspections and maintain proper records.
Submit a Notice of Termination (NOT) upon project completion and achieving final stabilization.
Understanding the Notice of Intent (NOI)
The NOI is a formal application required to obtain coverage under the NPDES Construction Stormwater Program. Key steps in the NOI process include:
Completing the NOI Form:
Provide detailed project information, including:
Project location
Estimated start and completion dates
Receiving waterbodies
Soil type and operator details
Submitting the NOI:
NOIs can be submitted electronically through the Kansas Department of Health and Environment’s “KEIMS” online permitting system.
Paying the Fee:
Kansas requires a permit application fee of $90 to be paid at the time of NOI submission. Payment of the fee is necessary for the application to enter the review period.
Receiving Permit Coverage:
After submission and review, KDHE issues confirmation of coverage under the NPDES General Permit. Processing times can vary between 10 – 20 business days to receive a Notice of Coverage.
Compliance and Enforcement
Failure to prepare a SWPPP, submit an NOI, or adhere to NPDES requirements can result in enforcement actions, including fines and project delays. The Kansas Department of Health and Environment and/or local regulatory authority conduct routine audits and inspections to ensure compliance with stormwater management regulations.
Final Thoughts
Ensuring compliance with SWPPP and NPDES permit requirements is critical for protecting Kansas’ water resources and avoiding costly enforcement actions. By developing a thorough SWPPP, submitting the required NOI, and maintaining compliance throughout the project lifecycle, operators can ensure their projects stay on track.
Need help navigating the permitting process? Reach out to the Eco Permit Pros stormwater compliance professionals to simplify your path to SWPPP and NPDES compliance in Kansas!
Comments