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Publications iconKansas Register

Volume 40 - Issue 38 - September 23, 2021

State of Kansas

Department of Health and Environment

Notice of Pending Water Pollution Control Permit

The Kansas Department of Health and Environment (KDHE) has prepared a combined Kansas Water Pollution Control (KWPC) and National Pollutant Discharge Elimination System (NPDES) general permit for stormwater runoff from industrial activity. The proposed action consists of the issuance of a KWPC and NPDES Stormwater Runoff from industrial activity general permit to replace the current general permit which remains effective through October 31, 2021 or is administratively extended until a successor general permit is used.

This general permit covers discharges of stormwater runoff from industrial activity. Stormwater runoff from industrial activity means the discharge from any conveyance which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing, or raw materials storage areas at an industrial facility. The term does not include discharges from facilities or activities excluded or exempted from the KWPC program requirements.

The categories of industrial activity subject to coverage under the KDHE Industrial Stormwater General Permit includes, but is not limited to, stormwater discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process wastewaters (as defined at 40 CFR 401); sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials; and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater. Material handling activities include storage, loading and unloading, transportation or conveyance of any raw material, intermediate product, final product, by-product or waste product.

New permittees are required to complete and submit the Notice of Intent (NOI), along with the first year’s permit fee of $60 and receive a signed and dated authorization from KDHE. To minimize administration, the first page of the NOI will be used as the authorization. A copy of the general NPDES permit is available at Existing permittees will not need to submit an NOI and will be automatically covered under the new permit upon issuance unless the permittee requests coverage under another KDHE issued general permit or requests coverage under a KDHE issued NPDES individual permit. A hardcopy of the general NPDES permit will be provided upon written request. New NOIs must be submitted through the Kansas Environmental Information Management System (KEIMS) site.

To maintain the permit, the permittee is required to achieve and maintain compliance with the permit requirements, pay the annual $60 permit fee, and periodically review and update the Stormwater Pollution Prevention (SWP2) Plan.

Other supporting documents include an executive summary, notice of intent form and instructions, no exposure certification form and instructions, a notice of termination form, a notice of transfer of ownership form, definitions, and acronyms.

Additional reference material is available to supplement the instructional material provided in the program documents, located at

The forms are also available electronically through the (KEIMS) site at Operators will need to register with the KEIMS site.

Persons wishing to comment on the draft permit must submit comments in writing to the Kansas Department of Health and Environment (KDHE) by October 23, 2021. For questions specific to the General Permit for Stormwater Runoff from Industrial Activity, contact Eric Staab, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-4347 or email at

Lee A. Norman, M.D.

Doc. No. 049457