Kentucky Division of Water considers significant changes to stormwater permit process

The Kentucky Division of Water (KDOW) has proposed changes to the KPDES General Industrial Stormwater Permit process that could make obtaining a permit more difficult for many businesses in Kentucky.

Based on the number of facilities that obtained coverage under the prior version of General KPDES Permit KYR00, more than 1,000 industrial facilities throughout the Commonwealth could be faced with more stringent terms and conditions when applying for a new permit. New industrial facilities that do not obtain an individual KPDES Permit will also be subject to coverage under KYR00.

The Chamber supports the conceptual use of general permits as a means to lessen the permitting burdens for its members, but is concerned with the revisions to this particular permit.

“In addition to imposing additional costs on facilities that obtain coverage under the General Permit, the vague and undefined non-numeric standards will subject facilities to unnecessary risk of enforcement by KDOW, U.S. EPA and third parties,” said Chad Harpole, Director of Public Affairs at the Chamber.

Chamber staff and members of the Energy and Environment Council will be submitting comments to KDOW, encouraging the department to withdraw the Draft General Permit, open a dialogue with industrial facilities regarding the proposed new concepts and terms and conditions, and develop a new Draft General Permit for public notice. The Chamber will continue to monitor these revisions as they continue to move through the regulation process. Please feel free to contact Chad Harpole with feedback on how this issue could affect your business.