Kentucky's Energy and Environment Cabinet administers the Kentucky Pollutant Discharge Elimination System for stormwater discharges, requiring permits for construction sites disturbing one or more acres and for regulated MS4 communities under federally delegated Clean Water Act authority.
KRS 224.70-110 and 401 KAR Chapter 5 authorize the Division of Water to issue KPDES permits, including the KYR10 general construction stormwater permit and the KYG20 MS4 permit. Construction sites of one acre or more must file a Notice of Intent, prepare a Stormwater Pollution Prevention Plan (SWPPP), and implement erosion and sediment controls. Designated Phase II MS4 cities must adopt six minimum control measures, including post-construction stormwater management. Local stormwater ordinances must meet but may exceed federal minimums; the Cabinet retains exclusive permitting authority over discharges to waters of the Commonwealth.
Discharging without a permit, missing SWPPP requirements, or failing inspections can trigger penalties up to $25,000 per day under KRS 224.99-010 plus mandatory cleanup orders.
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