Everything You Need to Know about the Kentucky SWPPP and NPDES Permit Requirements
- joeyruse
- Jan 30
- 3 min read
Understanding the environmental permitting process is essential for construction operators in Kentucky to stay compliant and maintain project schedules. This includes adherence to the Kentucky Division of Water (DOW) requirements, obtaining coverage under the NPDES General Permit, 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 Kentucky.
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 Kentucky?
In Kentucky, 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 of development.
Key Components of a SWPPP
A compliant SWPPP in Kentucky must include the following elements:
Site Description:
Location and size of the project
Nature of construction activities
Identification of pollutant sources expected to remain on-site
Erosion and Sediment Controls:
Preventative measures such as silt fences, sediment basins, and temporary vegetation.
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 Kentucky must occur either:
Once every 7 calendar days, or
Once every 14 calendar days and within 24 hours of a storm event of 0.5 inches or more.
Clear schedules for maintaining stormwater controls.
Record Keeping:
Documentation of inspections, maintenance activities, and corrective actions taken.
NPDES General Permit Requirements in Kentucky
The NPDES General Permit, issued by the Kentucky Division of Water, 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 the Division of Water.
Implement Erosion & Sediment structural and non-structural controls 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 General Permit. 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
Site Map detailing discharge points, nearby receiving waterbodies, entry/exit points, and limits of disturbance
Submitting the NOI:
NOIs can be submitted electronically through the Kentucky Division of Water’s eForms system.
Receiving Permit Coverage:
After submission and review, the Division of Water issues confirmation of coverage under the NPDES General Permit. Typical processing times vary between 5 – 10 business days, if no additional comments or reviews are requested.
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. Representatives from the Kentucky Division of Water and/or local governing municipality regularly conduct audits and inspections to ensure compliance with stormwater management regulations.
Final Thoughts
Ensuring compliance with SWPPP and NPDES permit requirements is critical for protecting Kentucky’s 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? Contact the qualified stormwater compliance professionals at Eco Permit Pros today to check SWPPP off your to-do list!
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