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Kansas

SWPPP requirements in Kansas

Kansas issues its own construction general permit. We have read Kansas Water Pollution Control General Permit and Authorization to Discharge, Stormwater Runoff from Construction Activities Under the National Pollutant Discharge Elimination System (General Permit No. S-MCST-2208-1, Federal Permit No. KSR100000) and list below the requirements we could cite to it, with the scope limits stated plainly. Screen your own acreage further down.

Who may prepare the plan

A credentialed preparer is required

Kansas requires a credentialed preparer. Treat the generated document as a complete draft for that person to review, adopt and sign. It is not by itself a compliant filed plan.

Qualifying routes

  • Kansas-licensed Professional Engineer (PE)
  • Kansas-licensed geologist
  • Kansas-licensed architect
  • Kansas-licensed landscape architect
  • Certified Professional in Erosion and Sediment Control (CPESC)

Every SWP2 (SWPPP) covered by this permit must be developed and prepared under the supervision of one of: a licensed Kansas PE, geologist, architect, landscape architect, or a CPESC — no acreage-based exemption or tiering exists in the permit text, so this applies uniformly to all sites the permit covers. A PE stamp is not independently required — PE licensure is only one of five equally valid qualifying routes. Part 6.1 separately allows continued use of the prior permit's SWP2 Plan for up to 18 months after this permit's effective date before this credential requirement kicks in for any modification.

Verified2022 Kansas Construction Stormwater General Permit, General Permit No. S-MCST-2208-1 / Federal Permit No. KSR100000, Part 7.1Source

Coverage trigger

Worked through at 3 acres

The project disturbs 3 acres, at or above the 1 acre threshold, so it needs permit coverage.

The trigger people miss is the second one. A half acre lot inside a 40 acre subdivision is covered, because the larger common plan of development or sale is what counts, not the lot.

Read these before you act on the answer

  • Requirements below are what we have read and cited directly from Kansas Water Pollution Control General Permit and Authorization to Discharge, Stormwater Runoff from Construction Activities Under the National Pollutant Discharge Elimination System (General Permit No. S-MCST-2208-1, Federal Permit No. KSR100000), not the federal CGP. A category we have not yet transcribed from this permit is omitted here rather than assumed to match EPA's rule.
  • The permit does not define a specific 'qualified' credential for the person performing routine site inspections (only the SWP2 Plan preparer must be a licensed PE/geologist/architect/landscape architect or CPESC), so inspection.qualifiedPerson is omitted. No increased inspection frequency for sensitive waters or reduced frequency for arid/semi-arid/drought conditions was found; KS instead has a distinct 'inactive site' reduced-inspection provision (modeled as state.ks.inspection.inactiveSite). KS does not use federal's acreage-tiered (<=5 acres / >5 acres) final stabilization completion structure -- it applies a single uniform 14-day stabilization-completion rule regardless of acreage -- so stabilization.complete.fiveAcresOrLess/moreThanFiveAcres were not used; a new state.ks.* id was created instead. No specific numeric-day deadline for filing the Notice of Termination (NOT) after project completion was found in the fetched text, so deadline.not.submission is omitted.
  • Kansas requires a credentialed preparer. Treat the generated document as a complete draft for that person to review, adopt and sign. It is not by itself a compliant filed plan.
  • Basinwise does not perform the physical site inspections the permit requires. Those must be carried out on site by a qualified person.

What the permit requires of a Kansas site

Worked for a three acre site with the receiving water unconfirmed. Each line says why it attached to this site rather than in general. Check the notes above for the site sizes this permit does not cover.

Filing

Plan before Notice of Intent

Before initiating construction activities, the permittee shall develop a Stormwater Pollution Prevention Plan (SWP2 Plan) which is specific to the construction activities which are to be employed at the site authorized by this NPDES general permit to discharge stormwater runoff.

Before initiating construction activities, the permittee shall develop a Stormwater Pollution Prevention Plan (SWP2 Plan) which is specific to the construction activities which are to be employed at the site authorized by this NPDES general permit to discharge stormwater runoff.
VerifiedGeneral Permit No. S-MCST-2208-1, Part 7, p.9Source
Notice of Intent deadline
60

The owner/operator must submit a Notice of Intent (NOI) at least 60 days prior to removing vegetation or disturbing soil at the site; submittal alone, even after 60 days, does not confer automatic coverage -- authorization begins only once KDHE issues the Authorization to discharge.

Why this applies here: This is the deadline for a new site. A transfer to a new operator or an emergency related project has a different deadline.

the owner or operator of a construction site needs to submit a Notice of Intent (NOI) for the discharge of stormwater runoff from construction activities at least 60 days prior to removing vegetation or disturbing soil at the site to avoid any unplanned delays in the start of construction activities
VerifiedGeneral Permit No. S-MCST-2208-1, Authorized Activity Description section, p.2; Part 4, p.7Source

Inspections

Inspection frequency, option 1
7

Permittee may inspect the entire site at least once within every 7-day inspection monitoring period (as an alternative to the 8-14 day + rain-event option below).

Why this applies here: You have not confirmed whether the site discharges to an impaired or high quality water. If it does, the increased frequency applies instead and this answer changes.

is inspected at least once within every 7-day inspection monitoring period
VerifiedGeneral Permit No. S-MCST-2208-1, Part 7.2.10, p.13Source
Inspection frequency, option 2
14

As an alternative to weekly inspections, the permittee may set a routine monitoring frequency of 8 to 14 days (not exceeding 14 days), plus a rain-event inspection by the end of the next standard weekday following any rainfall totaling 0.5 inches or more.

Why this applies here: You have not confirmed whether the site discharges to an impaired or high quality water. If it does, the increased frequency applies instead and this answer changes.

is inspected at least once within every 8 to 14-day inspection monitoring period and by the end of the next standard weekday following a rain event which results in a rainfall total of 0.5 inches or greater
VerifiedGeneral Permit No. S-MCST-2208-1, Part 7.2.10, p.13Source

Stabilisation

Initiate stabilisation

Stabilization of disturbed areas must be initiated immediately whenever clearing, grading, excavating, or other soil-disturbing activities have permanently ceased on any portion of the site, or have temporarily ceased and will not resume for a period exceeding 14 calendar days.

Why this applies here: This applies at both land disturbance amounts.

Stabilization of disturbed areas must, at a minimum, be initiated immediately whenever any clearing, grading, excavating, or other soil disturbing activities have permanently ceased on any portion of the site, or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days.
VerifiedGeneral Permit No. S-MCST-2208-1, Part 7.2.5, p.11Source

Corrective action

Corrective action, major fix
7

Any deficiencies in operation, maintenance, effectiveness, adequacy, or coverage of installed BMPs, temporary stabilization measures, and other pollution control measures noted during an inspection must be corrected within seven calendar days of the inspection, unless infeasible.

Any deficiencies in the operation or maintenance, effectiveness, adequacy or coverage extent of all installed BMPs, temporary stabilization measures and other pollution control measures identified during the inspection shall be noted in the inspection report and corrected within seven calendar days of the inspection unless infeasible.
VerifiedGeneral Permit No. S-MCST-2208-1, Part 7.2.10, p.14Source

Buffers

Natural buffer
50

Clearing and grubbing within 50 feet of a defined drainage course must be avoided if feasible; where the drainage course itself is being changed, clearing/grubbing within that 50 feet must be delayed until all materials/equipment needed to complete the change are on site.

Clearing and grubbing within 50 feet of a defined drainage course shall be avoided, if feasible.
VerifiedGeneral Permit No. S-MCST-2208-1, Part 7.2.5, p.11Source

Records you must keep

Inspection report deadline
24

The inspection report shall be completed by the end of the next standard weekday following the inspection and signed by the person performing the inspection.

The inspection report shall be completed by the end of the next standard weekday following the inspection and shall be signed by the person performing the inspection.
VerifiedGeneral Permit No. S-MCST-2208-1, Part 7.2.10, p.14Source
Corrective action log entries

If contaminated soil, groundwater contamination, or hazardous-substance contamination is discovered at the site during construction, the permittee must report the discovery to KDHE verbally within 24 hours, and within 5 business days must report the discovery via the Kansas Environmental Information System (KEIMS).

the permittee shall report the discovery to KDHE verbally within 24 hours to (785) 296-5549, and within 5 business days shall report the discovery via the Kansas Environmental Information System (KEIMS)
VerifiedGeneral Permit No. S-MCST-2208-1, Part 11.5, p.20Source
Record retention
3

The permittee shall maintain all records required by the permit for three years following the date on the Notice of Termination (NOT).

Why this applies here: The clock runs from permit expiry or termination, not from when the record was written, so on a multi year project every record stays live for the whole project plus three years.

The permittee shall maintain all records required by this NPDES general permit for a period of three (3) years following the date on the NOT.
VerifiedGeneral Permit No. S-MCST-2208-1, Part 10.1, p.16Source

Screen a Kansas site now

Your acreage, your receiving water, your answer. Runs in your browser, nothing is transmitted.

Screen your site

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Total land disturbance over the whole project, including staging and access. This decides whether you need a permit at all.

Optional. If you phase the work, the most that will be disturbed at once. Leave blank if the whole site is open together. The stabilisation deadline turns on this figure, not the total.

A half acre lot inside a 40 acre subdivision is covered even though the lot alone is under the threshold. This is the most commonly missed trigger in the permit.

Receiving water and site conditions(optional, but they change the inspection frequency)

May allow a reduced inspection frequency during the seasonally dry period.

EPA keeps permitting authority in Indian country even inside a state that runs its own programme.

No account, no card, nothing transmitted.

What a plan has to cover, under the federal permit

This is EPA's list, from the 2022 Construction General Permit. It does NOT govern in Kansas, where the state issues its own permit and sets its own contents. It is here as a shape to expect, not as the requirement you will be held to.

General SWPPP requirementPart 7.1Verified
  • All operators associated with a construction site under this permit must develop a SWPPP consistent with Part 7 prior to their submittal of the NOI. The SWPPP must be kept up-to-date throughout coverage under this permit. If a SWPPP was prepared under a previous version of this permit, the operator must review and update it before submitting an NOI.
All Site OperatorsPart 7.2.1Verified
  • Include a list of all other operators who will be engaged in construction activities at the site, and the areas of the site over which each operator has control.
Stormwater TeamPart 7.2.2Verified
  • Identify the personnel (by name and position) on the stormwater team pursuant to Part 6.1, their individual responsibilities, and which members are responsible for conducting inspections. Include verification that each member has received the Part 6.2 training, and documentation that inspection personnel have received the Part 6.3 training (EPA inspector training certificates, or documentation of a current non-EPA program certification plus confirmation the program satisfies the Part 6.3b minimum elements).
Nature of Construction ActivitiesParts 7.2.3a - 7.2.3iVerified
  • A description of the nature of your construction activities, including the age or dates of past renovations for structures undergoing demolition
  • The size of the property (in acres, or length in miles if a linear construction site)
  • The total area expected to be disturbed by the construction activities (to the nearest quarter acre, or nearest quarter mile if a linear construction site)
  • A description of any on-site and off-site construction support activity areas covered by this permit
  • The maximum area expected to be disturbed at any one time, including on-site and off-site construction support activity areas
  • A description and projected schedule for: commencement of construction activities in each portion of the site (clearing and grubbing, mass grading, demolition, site preparation, final grading, and creation of soil and vegetation stockpiles requiring stabilization); temporary or permanent cessation of construction activities in each portion; temporary or final stabilization of exposed areas for each portion; and removal of temporary stormwater controls and construction equipment or vehicles and cessation of construction-related pollutant-generating activities
  • A list and description of all pollutant-generating activities on the site, with an inventory of pollutants or pollutant constituents associated with each, taking into account where potential spills and leaks could occur and any known hazardous or toxic substances such as PCBs and asbestos that will be disturbed or removed
  • Business days and hours for the project
  • If conducting construction activities in response to a public emergency, a description of the cause of the emergency, information substantiating its occurrence (e.g. a State disaster declaration), and a description of the construction necessary to reestablish affected public services
Site MapParts 7.2.4a - 7.2.4kVerified
  • Boundaries of the property
  • Locations where construction activities will occur, including: locations of earth-disturbing activities (noting any phasing) including demolition; approximate slopes before and after major grading (noting any steep slopes); locations where sediment, soil or other construction materials will be stockpiled; any receiving water crossings; designated points where vehicles will exit onto paved roads; locations of structures and other impervious surfaces upon completion; and locations of on-site and off-site construction support activity areas
  • Locations of any receiving waters within the site and all receiving waters within one mile downstream of the site's discharge point(s), identifying whether any are listed as impaired or identified as a Tier 2, Tier 2.5 or Tier 3 water
  • Any areas of Federally listed critical habitat within the action area of the site
  • Type and extent of pre-construction cover on the site (e.g. vegetative cover, forest, pasture, pavement, structures)
  • Drainage patterns of stormwater and authorized non-stormwater before and after major grading activities
  • Stormwater and authorized non-stormwater discharge locations, including discharges to storm drain inlets (noting whether the inlet conveys stormwater to a sediment basin, sediment trap or similarly effective control), discharges directly to receiving waters, and locations where turbidity benchmark monitoring will take place
  • Locations of all potential pollutant-generating activities identified in Part 7.2.3g
  • Designated areas where construction wastes covered by the Part 2.3.3e.ii exception will be stored
  • Locations of stormwater controls, including natural buffer areas and any shared controls utilized to comply with this permit
  • Locations where polymers, flocculants or other treatment chemicals will be used and stored
Non-Stormwater DischargesPart 7.2.5Verified
  • Identify all authorized non-stormwater discharges in Part 1.2.2 that will or may occur.
Procedures for Inspection, Maintenance, and Corrective ActionParts 7.2.7a - 7.2.7eVerified
  • The inspection schedule you will follow, based on whether your site is subject to Part 4.2 or Part 4.3, or whether it qualifies for any of the reduced inspection frequencies in Part 4.4
  • If conducting inspections under Part 4.2.2, Part 4.3 or Part 4.4.1b, the location of the rain gauge or the address of the weather station you will use to obtain rainfall data
  • If reducing your inspection frequency in accordance with Part 4.4.1b, the beginning and ending dates of the seasonally defined arid period for your area or the valid period of drought
  • If reducing your inspection frequency in accordance with Part 4.4.3, the beginning and ending dates of frozen conditions on your site
  • Any maintenance or inspection checklists or other forms that will be used
Procedures for Turbidity Benchmark Monitoring from Dewatering Discharges (if applicable)Part 7.2.8Verified
  • If required to comply with the Part 3.3 turbidity benchmark monitoring requirements, describe the procedures you will follow to collect and evaluate samples, report results to EPA, keep records of monitoring information, and take corrective action when necessary. Include the specific type of turbidity meter you will use and any manuals or manufacturer instructions on how to operate and calibrate it. Describe any coordinating arrangement with other permitted operators on the same site, including which parties are tasked with specific responsibilities. If EPA has approved an alternate turbidity benchmark, include the data and documentation relied on to request it.
Compliance with Other RequirementsParts 7.2.9a - 7.2.9cVerified
  • Threatened and Endangered Species Protection: include the documentation required in the Endangered Species Protection section of the NOI in NeT, or the ESA worksheet in Appendix D, supporting your eligibility
  • Historic Properties: include the documentation required in Appendix E supporting your eligibility with regard to the protection of historic properties
  • Safe Drinking Water Act Underground Injection Control (UIC) requirements: if using infiltration trenches, commercially manufactured pre-cast or pre-built proprietary subsurface detention vaults/chambers/devices designed to capture and infiltrate stormwater, or drywells, seepage pits or improved sinkholes, document any contact with the applicable State agency or EPA Regional Office responsible for underground injection wells. Such controls would generally be considered Class V UIC wells
SWPPP CertificationPart 7.2.10Verified
  • Your signatory must sign and date your SWPPP in accordance with Appendix G, Part G.11.
Post-Authorization Additions to the SWPPPParts 7.2.11a - 7.2.11cVerified
  • A copy of your NOI submitted to EPA along with any correspondence exchanged between you and EPA related to coverage under this permit
  • A copy of the acknowledgment letter you receive from NeT assigning your NPDES ID (i.e. permit tracking number)
  • A copy of this permit (an electronic copy easily available to the stormwater team is also acceptable)

Read the permit itself at the source document.

What people ask about SWPPP requirements in Kansas

What are the SWPPP requirements in Kansas?

Kansas issues its own construction general permit, and we have read Kansas Water Pollution Control General Permit and Authorization to Discharge, Stormwater Runoff from Construction Activities Under the National Pollutant Discharge Elimination System (General Permit No. S-MCST-2208-1, Federal Permit No. KSR100000). The requirements listed on this page, such as inspection frequency, who may inspect, stabilisation, corrective action and record retention, are cited to that permit rather than to EPA's. Anything we have not transcribed is left out instead of assumed to match the federal rule, and the scope note on this page says which sites the permit does not cover. Confirm the current permit and any site-size variant with Kansas Department of Health and Environment (KDHE), Bureau of Water.

Who may prepare a SWPPP in Kansas?

Kansas requires a credentialed preparer. Treat the generated document as a complete draft for that person to review, adopt and sign. It is not by itself a compliant filed plan.

How often must a Kansas site be inspected?

The inspection frequency is set by the Kansas construction general permit, which we have not read. Confirm it with Kansas Department of Health and Environment (KDHE), Bureau of Water.

Who may prepare a stormwater plan in Kansas

The permit makes you keep the record, not just know the answer

Screening is free. Pro generates the site specific plan document and retains the inspection and corrective action log.

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