4 The record articles

Kentucky Division of Water to Renew KYR00 Industrial Stormwater General Permit

Posted: May 30th, 2023

Authors: William S. 

The Kentucky General Permit for Stormwater Discharges Associated With Industrial Activity From Other Facilities, also known as the KYR00 Industrial Stormwater General Permit (KYR00 General Permit), expires on July 31, 2023. The current version of the permit became effective on August 1, 2018, and requires reissuance by the regulatory agency every five years. Prior to issuance, the KYR00 General Permit will go out for a 30-day public notice period. Industrial facilities, members of the public, and other interested parties will be able to review the draft permit and submit comments to KYDOW for agency review.


What do you need to know?

KYDOW will likely try to minimize the time between expiration and issuance of the renewed permit because, once the permit has expired, coverage for new facilities cannot be issued until the renewed permit is issued. If the number of comments received during the public notice period is significant, there could be a delay in issuing the renewed permit. Therefore, it is recommended that any new facility seeking coverage submit an application to KYDOW at least several weeks prior to July 31, 2023; otherwise, the only available option for facilities with unpermitted stormwater discharges will be to obtain an individual Kentucky Pollutant Discharge Elimination System (KPDES) permit. Frequency of sampling for stormwater discharges under an individual KPDES permit is typically monthly as opposed to semi-annually for the general permit.

Substantial changes are not expected in the renewed KYR00 General Permit. KYDOW indicated that (1) additional industrial facility types will be covered under the KYR00 General Permit, and (2) existing permittees will not see any changes in requirements. For reference, the most significant change to the KYR00 General Permit following the previous reissuance in 2018 was the addition of a 100 milligram per liter (mg/l) trigger for Total Suspended Solids (TSS), which required evaluation of existing Best Management Practices (BMPs) if the trigger value was exceeded in two consecutive reporting periods.

What actions do you need to take?

A renewal application will be required to renew coverage this year. However, no action is required for existing permittees prior to expiration; the Kentucky Division of Water (KYDOW) cannot process any applications until they renew the permit. Once the renewed permit has become effective, KYDOW will send solicitation letters to all existing permittees with instructions on how to renew coverage. Existing permittees will then have 90 days to submit an electronic renewal application through the Kentucky Online Gateway website at https://kog.chfs.ky.gov. In an effort to streamline the application process, the solicitation letter will contain a Transaction ID that can be used to recall the previous application.

Facilities covered under a conditional exclusion for no exposure (i.e., No Exposure Certification) will also be required to renew coverage following the same timeline as permit holders with existing coverage under the KYR00 General Permit.

Finally, it is recommended to use the renewal process as an opportunity to review and update the facility’s Stormwater Pollution Prevention Plan (SWPPP). The SWPPP is required for all facilities with KYR00 General Permit coverage. Some facilities may find that their SWPPP hasn’t been updated since KYR00 General Permit coverage was initially granted. A review of the facility and operations will often identify changes to outdoor material storage, updates to BMPs, and administrative revisions such as changes in site contacts. These changes should be reflected in an updated SWPPP, and reissuance of the KYR00 General Permit is an ideal time to review site drainage, stormwater controls, and management practices.

If you have any questions about stormwater permitting and how ALL4 can help, please contact William Shane (wshane@all4inc.com).


    Sign up to receive 4 THE RECORD articles here. You'll get timely articles on current environmental, health, and safety regulatory topics as well as updates on webinars and training events.
    First Name: *
    Last Name: *
    Location: *
    Email: *