Kentucky Division of Water to Renew KYR10 Stormwater Construction Permit

The Kentucky General Permit for Stormwater Discharges Associated with Construction Activities, otherwise known as the KYR10 Stormwater Construction General Permit or KYR10 Permit, is slated to expire on November 30, 2024. The Kentucky Division of Water (DOW) intends to reissue KYR10 General Permit with several new provisions, with an anticipated effective date of December 1, 2024. The DOW recently issued a draft permit with proposed changes and a notice to the public soliciting comments for the draft permit. The public comment period opened on October 23, 2024, and will remain open until November 22, 2024. Copies of the draft permit and fact sheet are available on the DOW website under Agency ID 35050.

KYR10 General Permit Purpose and Eligibility

The KYR10 General Permit is a type of Kentucky Pollutant Discharge Elimination System (KPDES) permit that is specifically designed to regulate stormwater discharges from construction sites that disturb land, aiming to prevent pollutant entry into Kentucky’s waterways via stormwater runoff.

Coverage under the KYR10 Stormwater Construction Permit encompasses large and small construction sites that discharge stormwater from earth disturbing activities that may also have supporting activities such as concrete truck washouts, fueling stations, chemical storage areas, and municipal solid waste collection. Specific eligibility for coverage under the KYR10 permit applies to sites that have a disturbance of one (1) acre or more of land, including those that are part of a common development plan where cumulative disturbance is 1 acre or more. Construction activities that disturb less than 1 acre of land may require coverage if DOW determines that site activities have potential for violating water quality standards or contributing significant pollutants to waters of the Commonwealth.

Note that due to DOW’s one permit per facility policy, sites with an existing permit such as a KYR00 industrial stormwater general permit or an individual KPDES permit will not require a separate KYR10 permit. Construction activities should be addressed by implementing appropriate construction best management practices (BMP) and modifying the facility’s existing Stormwater Pollution Prevention Plan (SWPPP) or BMP Plan.

Overview of Proposed Changes to KYR10 General Permit

There are several notable changes from the 2019 KYR10 General Permit that existing permittees and prospective facilities seeking coverage should be aware of:

• Uncontaminated air conditioning or compressor condensate has been added as an additional type of authorized non-stormwater waste streams.
• Inspection reports and SWPPPs can be prepared and kept electronically instead of on paper.
• For new projects that do not submit a Notice of Termination, termination will automatically occur after two years instead of one year.
• For discharges to an MS4, applicants are no longer required to provide the number and location of discharge points to regulated MS4 areas.
• The contents of the eNOI application must now include information for common plan of development projects.
• Buffer zone language in the KYR10 permit has been reorganized for clarity and conciseness – this restructuring aims to make the requirements more accessible and understandable, reducing confusion and potential misinterpretation for permit holders.

If you have any questions about stormwater permitting and how ALL4 can help, please contact Josh Jose (jjose@all4inc.com).