The Draft Kentucky KYR00 stormwater general permit for discharges associated with industrial activity was issued by the Kentucky Division of Water (DOW) on April 2, 2018.  The current permit expires at midnight on May 31, 2018.  The draft permit and draft fact sheet can be downloaded . The public notice period started on March 30, 2018 and closes on April 30, 2018.  Comments must be received by the Division of Water no later than 4:30 PM on April 30.  Comments may be submitted by e-mail to DOWPublicNotice@ky.gov or written comments may be submitted to the Division of Water at 300 Sower Blvd, Frankfort, Kentucky 40601.

The most significant change appears to be the addition of a Total Suspended Solids (TSS) trigger of 100 mg/l in Section 2.1 of the draft permit.  The current and previous permits contain a monitoring and reporting only requirement for TSS.  According to Table 2 in Section 3.1 of the draft fact sheet, the 100 mg/l trigger is not an effluent limit.  Section 4.12.1 of the draft permit states that if the 100 mg/l trigger is exceeded for two (2) consecutive monitoring periods, then the permittee is required to initiate an evaluation of currently employed Best Management Practices (BMPs) and modify the Stormwater Pollution Prevention Plan (SWPPP) as a result of ineffectiveness or plan changes to the facility as soon as possible.

Another significant change is found in Section 2.7 of the draft permit, which clarifies the acceptable use of a No Discharge code.  This section of the draft permit states that, in the event no discharge is reported for a semi-annual monitoring period, “the permittee shall document its claim that no discharge occurred…such documentation shall be made available to the cabinet upon request”.  This section of the draft permit further clarifies what documentation is considered acceptable.  For example, a commonly used No Discharge code is “C”. The draft permit states that “this code is to be used when there are no discharges that occurred during the monitoring period. Additional documentation shall include daily precipitation information indicating that no storm event occurred during the monitoring period and/or no discharge occurred from the sediment control structure.”  This change appears to provide DOW the ability to scrutinize facilities that continually claim no discharge.

The final notable item is a potential change to the language for outfall signage.  The current permit states that “for discharges to receiving waters other than the Ohio River, the permittee may place and maintain a permanent marker at each of the monitoring locations”.  DOW clarified in the response to comments that “the permanent marker requirement…is a recommendation and not a requirement”.  However, Section 5.8 of the draft fact sheet states that for receiving waters other than the Ohio River, “the permittee should place and maintain a permanent marker at each of the monitoring locations”.  However, this language changes in the draft permit.  Section 5.7 of the draft permit states that “the permittee may place and maintain a permanent marker at each of the monitoring locations to better document and clarify these locations”.  Therefore, it is unclear whether DOW will move from a recommendation to place a permanent marker at each outfall to make it a requirement.

Upon reissuance of the KYR00 permit, all permitted facilities will be sent notification to reapply. In order to continue coverage, a renewal application must be submitted within 90 days of the effective date of the KYR00 general permit. The Division of Water will terminate any permit for which a renewal application is not received and possibly refer the facility to Enforcement.  The requirement to reapply also applies to facilities that have been granted a conditional exclusion for No Exposure.  The No Exposure certification must be resubmitted upon each reissuance of the KYR00 general permit in order to continue the exclusion for the next permit term.

Please let us know if you have any questions about the draft permit and how it will impact your facility.  William Shane is an Environmental Engineer at Smith Management Group. William can be reached at williams@smithmanage.com.