Permittee shall implement and enforce an ordinance or other regulatory mechanism that addresses stormwater runoff from active construction sites that disturb one acre or more, and those less than one acre in size that are part of a larger common plan of development or sale, located within the MS4
Mandates that the permittee require construction site operators to implement appropriate erosion and sediment control best management practices (BMPs) that are as protective as KY’s General Permit for Construction sites (KYR100000)
Requires that the permittee include, by ordinance or other regulatory mechanism, a requirement that discharges from construction sites to high quality waters protect existing instream water uses and the level of water quality necessary to protect the existing uses.
Stormwater discharges from sites that disturb 1 acre or more of land, including those within a “common plan of development,”
e.g. a half-acre lot in a 5 acre subdivision
Site “operator” is commonly defined as:
Person with control over plans and specifications
Person with day-to-day control of site activities
Usually the owner, developer, or contractor
NEW! Where discrete construction projects within a larger common plan of development or sale are located 0.25 mile or more apart and the area between the projects is not being disturbed , each individual project can be treated as a separate plan of development or sale provided any interconnecting road, pipeline or utility project that is part of the same “common plan” is not concurrently being disturbed.
“ Operator” means any party associated with a construction project that:
Has operational control over either the construction plans and specifications, including the ability to make modifications to those plans and specifications; or
Has day-to-day operational control of those activities at a project which are necessary to ensure compliance with a SWPPP for the site or other permit conditions (e.g., they are authorized to direct workers at the site to carry out activities required by the SWPPP or comply with other permit conditions).
SWPPP Applicability, Preparation, Contents, and Process for Amending
SWPPP applies to the site AND offsite borrow/disposal areas
SWPPP is prepared BEFORE filing the NOI and beginning work
SWPPP describes site, pollutants at site, plan for controlling pollutant discharges, construction procedure, & responsible parties
SWPPP is amended by site personnel or project engineer as construction proceeds on an as-needed basis
KYR10 KPDES permit includes “a requirement to conduct immediate stabilization practices in critical areas near receiving waters for all projects”
“ Critical Areas” for the purposes of this permit means areas within 25 feet of, and on a positive slope toward a water of the Commonwealth
Erosion prevention measures (e.g., blankets, mats, mulch, treading) “shall be implemented within 24 hours or as soon as practical after completion of disturbance/grading or following cessation of activities.”
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
All soil disturbing activities have been completed and:
a uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a density of 70 percent on all unpaved areas and areas not covered by permanent structures, or
equivalent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed
For individual lots in residential construction:
Final stabilization completed as specified above, or
Temporary stabilization including perimeter controls for an individual lot prior to occupation of the home by the homeowner and informing the homeowner of the need for, and benefits of, final stabilization.
For construction projects on ag land, final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural uses
Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to waters of the Commonwealth and areas which are not being returned to their preconstruction agricultural use must meet the final stabilization criteria above