(a) The owner, operator, or manager of a high-risk industrial facility that has a KPDES permit for stormwater discharges shall submit an electronic copy of the permit and the current SWPPP to the division of water quality by January 31 of each year thereafter. When no changes have been made to a permit and SWPPP previously submitted in compliance with this section, only written notice so advising the division of water quality shall be submitted by January 31 of each year thereafter.
(b) Except for industrial facilities that meet the requirements for a conditional exclusion under 40 CFR 122.26(g), the owner, operator, or manager of a industrial facility that is not required to hold a KPDES permit for stormwater discharges shall develop and submit a SWPPP and submit an electronic copy to the division of water quality by January 31 of each year thereafter. When no changes have been made to a SWPPP previously submitted in compliance with this section, only written notice so advising the division of water quality shall be submitted by January 31 each year thereafter. The SWPPP shall be prepared taking into account guidance documents from the U.S. EPA and the Kentucky Division of Water and shall contain the following:
(1) Facility description and SWPPP contact information.
(2) Site and activity description, including a site map.
(3) Identification of potential stormwater pollution sources.
(4) Description of controls to reduce pollution (structural and non-structural BMPs).
(5) Maintenance/inspection procedures.
(6) Records of inspections and follow-up maintenance of BMPs.
(7) Schedule and procedures for monitoring.
(8) Certification by the owner, operator, or manager that no illicit discharges exist.
(9) SWPPP certification statement.
(10) Description of any changes made since the previous SWPPP was submitted.
(c) The owner, operator, or manager of a high-risk industrial facility that has a KPDES permit for stormwater discharges that includes a monitoring program shall submit electronic copies of all monitoring results to the division of water quality by February 28 of each year for samples collected and analyzed for the previous calendar year. The submittal shall include a summary of findings/conclusions from the previous year's monitoring results.
(d) The owner, operator, or manager of a high-risk industrial facility that is not required to have a monitoring program by a KPDES permit may be required by LFUCG to develop and implement a monitoring program, as part of the facility's SWPPP, to determine levels of pollution in stormwater discharges from the facility and shall submit electronic copies of all monitoring results to the division of water quality by February 28 of each year for samples collected and analyzed for the previous calendar year. The submittal shall include a summary of findings/conclusions from the previous year's monitoring results.
(e) The owner, operator, or manager of a high risk commercial facility shall develop and submit a SWPPP within ninety (90) days of notification by the division of water quality and submit an updated electronic copy to the division of water quality by January 31 of each year thereafter. The SWPPP shall be prepared based on guidance documents from the U.S. EPA and the Kentucky Division of Water and shall contain the following:
(1) Facility description and SWPPP contact information.
(2) Site and activity description, including a site map.
(3) Identification of potential stormwater pollution sources.
(4) Description of controls to reduce pollution (structural and non-structural BMPs).
(5) Maintenance/inspection procedures.
(6) Records of inspections and follow-up maintenance of BMPs.
(7) Schedule and procedures for monitoring.
(8) Certification by the owner, operator, or manager that no illicit discharges exist.
(9) SWPPP certification statement.
(10) Description of any changes made since the previous SWPPP was submitted.
(f) The owner, operator, or manager of a high risk commercial facility may be required by LFUCG to develop and implement a monitoring program, as part of the facility's SWPPP, to determine levels of pollution in stormwater discharges from the facility.
(g) LFUCG may develop general permits for certain categories of industrial facilities and high risk commercial facilities that are not required to be covered under a KPDES permit for stormwater discharges. Within six (6) months of the effective date of the urban county government's establishment of a general permit for a category of industrial facilities or high risk commercial facilities, each covered facility shall provide written notice to the director of the division of water quality of the facility's compliance with the general permit.
(h) Any facility required to develop a SWPPP shall:
(1) Have it accessible on-site for review by LFUCG personnel;
(2) Implement the SWPPP as prepared; and
(3) Maintain records sufficient to establish that the SWPPP is being implemented.
(i) Any high-risk industrial facility or high risk commercial facility established after the effective date of this article shall develop, submit, and implement a SWPPP within ninety (90) days of notification by the division of water quality.
(j) SWPPPs shall be prepared by persons knowledgeable about stormwater runoff and water quality. Any best management practices included in the SWPPP which require engineering design as defined in KRS 322.010 shall be designed by a professional engineer licensed to practice in Kentucky. The director of the division of water quality shall have the authority to require that plans be prepared by qualified professionals licensed to practice in Kentucky, such as a professional engineer or professional geologist, when deemed necessary by the director to protect the health, safety, and welfare of the public. The following certification shall be signed by a responsible corporate officer. For purposes of this section, corporate officer shall mean (1) the president, secretary, treasurer, or vice-president of the corporation or (2) the manager of the facility.
I certify that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete.
(Ord. No. 142-2009, § 7, 7-7-09; Ord. No. 127-2010, §§ 1—3, 7-6-10)