Industrial Stormwater Permit

Introduction

Activities that take place at industrial facilities may be exposed to stormwater. The stormwater runoff from specific types of industrial activities has the potential to carry pollutants to nearby storm sewers and surface water bodies. The KDHE BOW Industrial Program Unit administers an Industrial Stormwater Permit to manage runoff from industrial facilities.

Section 1.2 of the Industrial Stormwater General Permit lists activities that must be covered under the permit. Industrial activities that require a permit are determined by a facility’s Industrial Classification (SIC) code, which describes the facility’s primary operations.

Qualifying industries must submit a Notice of Intent to the KDHE BOW Industrial Program Unit. Within 10 months of KDHE authorization of the NOI, the facility shall develop and implement a Stormwater Pollution Prevention Plan (SWP2 Plan) that outlines best management practices to reduce runoff and pollutant loading. Guidance for SWP2 Plan can be accessed here. The SWP2 Plan should not be sent into KDHE, but should be available on-site and provided upon KDHE/EPA request.

For forms and technical assistance visit the Kansas Environmental Information Management System (KEIMS).

The SWP2 Plan Completion Certification Form shall be submitted with KDHE's first annual billing statement.

Industries subject to coverage under the Industrial Stormwater Permit may qualify for a No Exposure exemption if steps are taken to ensure that a condition of “no exposure” exists at the industrial facility. Contact the KDHE BOW Industrial Program Unit with questions on the Industrial Stormwater Permit.

Proceed to evaluate your facility’s industrial stormwater permit needs.

Business Info

Which Industrial Activity Category applies to you?

Facilities subject to storm water effluent limitations guidelines, new source performance standards, or toxic pollutants effluent standards under 40 CFR, Subchapter N [except facilities with toxic pollutant effluent standards which are exempt under category (xi) in 40 CFR 122.26(b)(14)].

Heavy manufacturing (e.g., paper mills, chemical plants, petroleum refineries, steel mills and foundries)

Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of the Resource Conservation and Recovery Act (RCRA).

Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this subsection) including those that are subject to regulation under Subtitle D of the Resource Conservation and Recovery Act (RCRA).

Steam electric power generating facilities, including coal handling sites.

Treatment Works: 

Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage, treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR Part 403. Not included are farm lands, domestic gardens, or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with Section 405 of the CWA.

Construction: 

Construction activity is not covered under this permit. The construction “operator” of both large and small construction activities must request coverage under an individual permit or the General Stormwater Permit for Construction Activity requirements. Check the Construction Stormwater Permit Wizard.

Do you have a SIC Code?

Yes
No
What is a SIC Code?

SIC = Standard Industrial Classification. You can find out if your business is subject to the stormwater permit requirements by using the following:

For more information please see the OSHA SIC Manual.

Questions

Does the SIC code or description of your industrial activity match any of the industrial sectors and discharges specified in the linked document?

Permit Requirements

Yes
No
I Do Not Know

Are operations conducted outside?

What Are "Operations Conducted Outside"?
Yes
No

Are raw materials, manufacturing processes, industrial machinery, wastes, intermediate products, final products not meant for outdoors, and/or material loading and unloading operations conducted outside?
 

Are outdoor activities conducted and/or stored under a "storm resistant shelter”?

What are "storm resistant shelters"?
Yes
No

Are outdoor activities conducted and/or stored under a "storm resistant shelter" that meets one of the following: 
    completely roofed and walled buildings or structures: structures with only a top cover but no side covering, where the material under the structure is not otherwise subject to any run‐on and 
    subsequent runoff of stormwater: tarped areas of intermediate storage
 

Decision Nodes

SIC Code Not Applicable

Based on the SIC code you chose, it is likely the Industrial Stormwater Permit does not apply to you. However, your narrative description of industrial activities may still require a permit.

Please contact the KDHE BOW Industrial Program Unit for permit applicability.

More information needed

Please contact the KDHE BOW Industrial Program Unit for permit applicability.

No Exposure Exemption

Your facility has an SIC code that is subject to the Industrial Stormwater Permit. Based on your responses, your facility may meet the No Exposure exemption.

Please visit the Kansas Environmental Informational Management System (KEIMS) portal and submit the form titled BOW - Industrial Activity Stormwater General Permit (NOEC) - New.

Contact the KDHE BOW Industrial Program Unit for confirmation of permit applicability.

Industrial Stormwater Permit is required

Your facility has an SIC code that is subject to the Industrial Stormwater Permit. Based on your responses, you do not meet the No Exposure exemption.

You will need to apply for coverage under the Industrial Stormwater Permit by developing a Stormwater Pollution Prevention (SWP2) Plan and submitting a Notice of Intent (NOI) to KDHE BOW’s Industrial Program Unit. An SWP2 Plan can be submitted within 10 months after the NOI has been approved. 

Please visit the Kansas Environmental Informational Management System (KEIMS) portal to complete and submit the form labeled BOW - Industrial Activity Stormwater Notice of Intent (NOI) - New.

Learn more about the permit application on the KDHE Industrial Stormwater Program website.

Recipient Info