Tuesday, August 04, 2009

New General Permits For Storm Water Construction, Coal Mining Wastewater Discharges

The Kentucky Department for Environmental Protection (DEP) has issued new general permits for storm water discharges associated with construction activity and for wastewater discharges associated with coal mining activities within the Commonwealth of Kentucky. The permits go into effect Aug. 1, 2009.

The storm water general permit requires all construction site operators engaged in clearing, grading and excavating activities that disturb one acre or more of land to obtain permit coverage under the National Pollutant Discharge Elimination System (NPDES) for their construction storm water discharges. Conditions of the permit include compliance with approved erosion/sediment control and storm water management plans, self-monitoring and record keeping.

The storm water permits are implemented based on best management practices (BMPs) such as diversion, detention, erosion control, sediment traps, gravel construction entrances, covered storage, spill response, stream buffer zones and good housekeeping. Permittees are required to conduct inspections weekly and the day after any rainfall event resulting in runoff. They must also maintain on-site copies of written inspection reports and any associated enforcement actions.

Persons seeking storm water general permit coverage must file a Notice of Intent (NOI) to discharge either electronically or on paper. NOIs submitted electronically will be processed within seven days of receipt and paper NOIs within 30 days.

The Division of Compliance Assistance and DOW will offer four half-day training sessions in August to provide an overview of the new permit requirements. Visit http://www.dca.ky.gov/Training-Events/ for the dates and locations and to register.

The coal general permit authorizes discharges from coal-mining activities. The permit protects waters of the Commonwealth by requiring technology and water-quality-based effluent limitations and other protective practices, such as the implementation of a BMP plan. The division coordinated with the U.S. Environmental Protection Agency in the development of this permit to address recent actions related to coal mining taken at the federal level.

The coal general permit is not available to those intending to discharge to waters that are impaired by contaminants related to coal mining, for mines discharging within five miles upstream of a public water supply, or for discharges to publicly owned lakes, outstanding state resource waters, outstanding national resource waters or waters classified as cold-water aquatic habitats. An individual Kentucky Pollutant Discharge Elimination System permit must be applied for in those situations.

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