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Kentucky

SWPPP requirements in Kentucky

Kentucky issues its own construction general permit. We have read Authorization to Discharge Under the Kentucky Pollutant Discharge Elimination System, Stormwater Discharges Associated with Construction Activities (KYR100000, agency shorthand KYR10) 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

No preparer credential found

No preparer credential was found for Kentucky. On what we have verified, a generated plan can be adopted by the operator without a credentialed signature. Local ordinances can still be stricter than state law.

Kentucky's section 2.2.7.3 credential list (KEPSC/CEPSC/CPSWQ/CESSWI) applies to INSPECTORS only and is the most misread clause in the set.

No permit section cited. Confirm this with your permitting authority.

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 Authorization to Discharge Under the Kentucky Pollutant Discharge Elimination System, Stormwater Discharges Associated with Construction Activities (KYR100000, agency shorthand KYR10), 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.
  • Could not verify (and therefore omitted): a distinct inspection-report-completion-hours deadline; a fixed day-count for NOT submission after a triggering condition (permit lists conditions but no numeric filing deadline); any increased-frequency inspection rule tied specifically to sensitive waters (KY instead uses buffer-zone tiers, not inspection-frequency tiers); and an arid/semi-arid reduced-inspection provision (not applicable to KY's climate). KY does not use federal Table 2's acreage-tiered stabilization-completion deadlines; instead a days-since-activity-cessation model is used.
  • No preparer credential was found for Kentucky. On what we have verified, a generated plan can be adopted by the operator without a credentialed signature. Local ordinances can still be stricter than state law.
  • 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 Kentucky 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

Notice of Intent deadline
7

The applicant shall complete and submit the NOI-SWCA a minimum of 7 days before the proposed date for commencement of construction activities.

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 applicant shall complete and submit the NOI-SWCA a minimum of (7) days before the proposed date for commencement of construction activities and shall receive authority to discharge as detailed in Section 3.3.
VerifiedKYR100000 Section 3.2Source

Inspections

Inspection frequency, option 1
7

At least once every seven (7) calendar days

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.

At least once every seven (7) calendar days, or
VerifiedKYR100000 Section 2.2.7(1)(a)Source
Inspection frequency, option 2
14

At least once every fourteen (14) calendar days, and within 24 hours after any storm event of 0.5 inch or greater.

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.

At least once every fourteen (14) calendar days, and within 24 hours after any storm event of 0.5 inch or greater.
VerifiedKYR100000 Section 2.2.7(1)(b)Source
Who may inspect

Inspections shall be performed by personnel knowledgeable and skilled in assessing conditions at the construction site that could impact stormwater quality. Personnel conducting inspections shall have training in stormwater construction management such as KEPSC, CEPSC, CPSWQ, TNEPSC, CESSWI, or other similar training.

Why this applies here: This is why Basinwise cannot perform your inspections. The permit requires a trained person physically on the site.

Personnel conducting inspections shall have training in stormwater construction management such as KEPSC, CEPSC, CPSWQ, TNEPSC, CESSWI, or other similar training.
VerifiedKYR100000 Section 2.2.7(3)Source

Stabilisation

Initiate stabilisation

Temporary stabilization practices on portions where construction activities have temporarily ceased shall be initiated within 14 days of the date of activity cessation. Final stabilization practices where activities permanently ceased shall be initiated within 14 days.

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

Temporary stabilization practices on those portions of the project where construction activities have temporarily ceased shall be initiated within fourteen (14) days of the date of activity cessation.
VerifiedKYR100000 Section 2.4Source

Corrective action

Corrective action, minor fix

before the next storm event; if impracticable, as soon as possible

If site inspections identify sediment control measures, erosion control measures, and other site management practices that are not operating effectively or otherwise require maintenance, maintenance shall be performed, before the next storm event. If maintenance before the next storm event is impracticable, the required maintenance shall be completed as soon as possible.
VerifiedKYR100000 Section 2.2.5Source
Corrective action, major fix
7

All necessary modifications to the SWPPP shall be made within 7 calendar days following the inspection unless granted an extension by DOW.

All necessary modifications to the SWPPP shall be made within seven (7) calendar days following the inspection unless granted an extension of time by DOW.
VerifiedKYR100000 Section 2.2.8(5)Source

Buffers

Natural buffer
25

Applies to discharges to High Quality Waters (except Outstanding State Resource Waters) and non-sediment-impaired waters; permittees must maintain at least a 25-foot buffer zone.

Except as provided elsewhere in this section, permittees are required to maintain at least a 25-foot buffer zone between any disturbance and all edges of the receiving water as one of the means of providing adequate protection to receiving waters.
VerifiedKYR100000 Section 2.5.1Source

Records you must keep

Record retention
3

All required records and reports, including SWPPPs and NOI info, must be retained for at least 3 years from the termination of coverage or expiration of the permit.

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 permit requires that all required records and reports be retained, including SWPPPs and information used to complete the NOI, for at least three (3) years from the termination of coverage or expiration of the permit.
VerifiedKYR100000 Section 5.6Source

Screen a Kentucky 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 Kentucky, 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 Kentucky

What are the SWPPP requirements in Kentucky?

Kentucky issues its own construction general permit, and we have read Authorization to Discharge Under the Kentucky Pollutant Discharge Elimination System, Stormwater Discharges Associated with Construction Activities (KYR100000, agency shorthand KYR10). 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 Kentucky Energy and Environment Cabinet (EEC), Division of Water (DOW).

Who may prepare a SWPPP in Kentucky?

No preparer credential was found for Kentucky. On what we have verified, a generated plan can be adopted by the operator without a credentialed signature. Local ordinances can still be stricter than state law.

How often must a Kentucky site be inspected?

The inspection frequency is set by the Kentucky construction general permit, which we have not read. Confirm it with Kentucky Energy and Environment Cabinet (EEC), Division of Water (DOW).

Who may prepare a stormwater plan in Kentucky

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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