Kansas Statewide Rule
Kansas Construction Erosion Control Under State NPDES
Key Facts
- Trigger
- 1+ acre disturbance
- Required plan
- SWPPP on site
- Inspections
- Every 7 days minimum
- Authority
- KDHE NPDES program
Summary
Kansas requires statewide erosion and sediment controls on construction sites disturbing one or more acres under KDHE's general NPDES permit, mandating SWPPPs, best management practices, and inspections that municipalities cannot waive or relax.
65-164. Sewage; definition; complaints, investigations, orders; administrative review. (a) No person, company, corporation, institution or municipality shall place or permit to be placed or discharge or permit to flow into any of the waters of the state any sewage, except as hereinafter provided. This act shall not prevent the discharge of sewage from any public sewer system owned and maintained by a municipality or sewerage company, if such sewer system was in operation and was discharging sewage into the waters of the state on March 20, 1907, but this exception shall not permit the discharge of sewage from any sewer system that has been extended subsequent to such date, nor shall it permit the discharge of any sewage which, upon investigation by the secretary of health and environment as hereinafter provided, is found to be polluting the waters of the state in a manner prejudicial to the health of the inhabitants thereof.
Full Breakdown
KDHE's stormwater construction general permit, issued under K.S.A. 65-165, applies uniformly across Kansas. Operators must develop and implement a Stormwater Pollution Prevention Plan identifying potential pollutants, sediment and erosion controls such as silt fence, inlet protection, stabilized construction entrances, and post-construction stabilization. Inspections are required at minimum every seven days and after qualifying rain events. Records must be kept on site. Local ordinances may add stricter requirements and inspection regimes but cannot remove KDHE BMP obligations or the SWPPP duty.
Violations & Penalties
Sediment discharges or missing SWPPPs draw KDHE notices of violation, stop-work orders, and civil penalties; repeat violators face escalating fines under K.S.A. 65-170d.
Frequently Asked Questions
Do small Kansas construction projects need erosion permits?
What is a SWPPP under Kansas construction rules?
Sources
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