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Description
  
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​The Environmental Protection Agency defined the communities that are designated as large MS4s pursuant to 40 CFR 122.26(b)(4); medium MS4s pursuant to 40 CFR 122.26(b)(7); and small MS4s as defined by 40 CFR 122.26(b)(16). Unless qualified for a waiver, small MS4s also include but are not limited to systems operated by federal, state, tribal, and local governments, including state departments of transportation…pursuant to 40 CFR 122.32(a). The Kentucky Division of Water enforces the MS4 program in Kentucky and defines who must participate.
Frequently Asked Questions
  
KYTC has resources available to assist District MS4 coordinators work with partner communities to assist in implementation of the stormwater program. Many of these resources are included at the end of this section.
General
  
KYTC partners with most MS4 communities in Kentucky to implement practices that protect our waterways. Through these partnerships, KYTC provides statewide stormwater resources to partner communities. Partner communities implement these resources at a local level.
General
  
​KYTC’s responsibilities are included in their Individual Stormwater MS4 Permit (currently being written by KDOW). The Stormwater Quality Management Plan (SWQMP) articulates how permit requirements will be met over the 5 year permit term.
General
  
​Project managers are to coordinate the development of highway plans with local government requirements. There are two perspectives to these requirements: water quantity (flooding) and water quality. Where there is an MS4 jurisdiction, the community may have post-construction water quality requirements that have to be met. Projects should be coordinated with local programs early on the project’s course of development to identify and incorporate project needs into the design.
Frequently Asked Questions
  
​KYTC is involved pursuant to 40 CFR 122.32(a), which requires state transportation departments to participate in the MS4 program.
Frequently Asked Questions
  
​The Division of Maintenance manages facilities to meet stormwater permit requirements for discharge of stormwater that may have come in contact with highway de-icing materials, manages highway maintenance projects that may require stormwater controls, develops inventory of post-construction BMPs built after March 10, 2003, and conducts review to assess the need for O&M plans; assesses whether changes are necessary to facilitate implementation of long-term operations and maintenance activities for highway BMPs; and updates manuals to allow O&M activities to be communicated and enabled at the staff level. In addition, the Division is now responsible for annual facilities reports to be submitted to KDOW per Comprehensive Statewide Individual Stormwater Management Permit summarizing monitoring results.
Frequently Asked Questions
  
​It is the role of KYTC’s central office to assess the KYTC MS4 program. However, KYTC does not have the authority to assess the efficacy of the MS4 community’s programs.
Frequently Asked Questions
  

​The Division of Construction is responsible for establishing protocols for construction project compliance with regard to MS4 jurisdictions; qualifying KYTC employees as inspectors; and providing training for highway project and maintenance project plans regarding KPDES permit requirements.

Frequently Asked Questions
  
​The Division of Design provides training for highway project delivery designers who prepare plans to meet KPDES permit requirements; identifies structural and non-structural management strategies appropriate for state highways; and supports a BMP plan preparers workshop for highway projects in the six year plan.
Frequently Asked Questions
  
The role of Division of Environmental Analysis (DEA) is to provide environmental guidance concerning KYTC projects and activities. The DEA facilitates KYTC’s mission of performing activities in an environmentally sound manner by ensuring that planning, design, construction, operation, and maintenance projects and activities that are implicated by the MS4 program are performed in accordance with federal, state, and local environmental laws, regulations, and policies. DEA performs these responsibilities through the review and preparation of environmental documents, contracts, and any actions made necessary by federal, state, and local environmental laws, regulations, and policies. DEA provides a single point of contact to the general public and to Cabinet Employees for environmental guidance, information, and concerns.
Frequently Asked Questions
  
​KYTC is required to report to the Kentucky Division of Water regarding the KYTC MS4 program. As a permittee, we are obligated to perform activities and tasks as outlined in the KYTC program matrix. If a community requests assistance as we have outlined in the matrix and we fail to provide it, we can be found to be out of compliance for that community program and for the KYTC program. EPA provides guidance to the Kentucky Division of Water and regulated MS4s regarding MS4 program requirements.
Frequently Asked Questions
  
Yes.
Frequently Asked Questions
  

​A list of District contacts is available through the KYTC Environmental Coordinators link of the website.

Frequently Asked Questions
  

​KYTC is partnered with the MS4 communities, Kentucky Erosion Prevention and Sediment Control (KEPSC), Kentucky Transportation Center (T2), and the Kentucky Stormwater Association (KSA).

Frequently Asked Questions
  

​An MS4 should be contacted when a problem arises, during permit roll-out, when new KYTC materials are available for workshops, meetings, interlocal agreements, construction issues, and maintenance issues.

Frequently Asked Questions
  

​All communities may have local ordinances that address the management of stormwater to prevent flooding. Project managers should coordinate projects with local jurisdictions and identify stormwater management requirements to address these concerns. This should be done early in project development so concerns can be incorporated in the design of the project.

Frequently Asked Questions
  

​A list of partner community contacts is available through the Local Contact link of the website.

Frequently Asked Questions
  

​An MS4 is likely to contact KYTC when there are problems with KYTC projects, to attend local Stormwater Advisory Committee (SWAC) meetings or public meetings, for KYTC materials, regarding interlocal agreements, mapping data, and the Environmental Handbook.

Frequently Asked Questions
  

​The KYTC district office should contact the MS4 community to obtain the contact information for the new community’s MS4 representative. The district office should provide the contact information to the Division of Environmental Analysis so that records and the website can be updated.

Frequently Asked Questions
  

​The person to contact when a problem arises will depend on the type of problem. Typically, issues should be routed through the KYTC project manager at construction sites, and to the Division of Environmental Analysis for MS4 partner questions.

Frequently Asked Questions
  

​The MS4 District Coordinator is required to attend SWAC meetings, public official meetings impacting the MS4 program, and any meetings to which the coordinator is invited. The MS4 District Coordinator should maintain documentation of all meetings that the coordinator or his/her representative attends and all meetings that KYTC hosts that are related to the MS4 program.

Frequently Asked Questions
  

​The MS4 Coordinator in each district office should coordinate with the individual responsible for the encroachment permitting and should maintain all paperwork regarding the encroachment permit for the annual MS4 report.

 

Frequently Asked Questions
  

​Possibly. The permit provides that the district offices may provide trainings with DEA.

Frequently Asked Questions
  

​The illicit discharge should be promptly eliminated following the protocols for managing illicit discharges that are established by each district. The district’s protocol should be agreed to by the district and local jurisdictions. If the discharge is due to KYTC activities, contact the responsible department(s) to identify for removal. MS4 District Coordinators should work with MS4 communities to track the source and eliminate the illicit discharge.

MCM 3
  

​It is a KYTC District responsibility to coordinate with MS4 communities and provide available mapping data to communities upon request. As new roadways are built or as digital mapping data becomes available, this may be provided to MS4 communities upon request to maintain the stormwater system map so that communities are not burdened with remapping and subsequent remapping field activities.

MCM 3
  

​The Kentucky Erosion Prevention and Sediment Control (KEPSC) qualified inspector course was established in 2007 to assist developers, contractors, and governmental agencies like KYTC with complying with the Kentucky Pollutant Discharge Elimination System (KPDES) General Stormwater Permit for Construction. The course provides information and tests individuals through a qualifying exam to properly inspect construction sites and document inspections as required by the KPDES General Stormwater Permit for Construction. This permit is required for all construction and land disturbance activities across the state.

The KYTC is required through the KYTC Specifications for Road and Bridge Construction (2008) to participate in the KEPSC program and requires KYTC staff responsible for construction site inspections to be qualified through the KEPSC program. In addition, KYTC staff are responsible for completing the following training:
  • Right of way inspectors should be qualified through Grade Level II Training.
  • KYTC highway contractors must have personnel that are KEPSC qualified inspectors.
  • KYTC personnel responsible for administering or monitoring encroachment permits are encouraged to attend the KEPSC Introductory course.
  • KYTC maintenance activities that disturb one or more acres of land must have maintenance personnel who are KEPSC qualified inspectors.
  • The MS4 District Coordinator and other KYTC personnel should take the KEPSC Introductory course.
More information about KEPSC is available on the program’s website at here.

 

MCM 4
  

​To resolve stormwater management issues at KYTC construction sites, the following KYTC personnel should be contacted in this order: the resident engineer, District Construction Branch Manager, and Division of Construction in Frankfort.

For unsatisfactory construction site stormwater management in MS4 community jurisdiction, the MS4 community should be contacted to resolve the issue. If the community fails to resolve the issues, the DEA should be contacted for resolution with the community or KDOW.

Construction site stormwater management issues failing a satisfactory resolution may be reported to the Kentucky Division of Water (KDOW).

 

MCM 4
  

​At a minimum, the KYTC must comply with all standards set by the Kentucky Division of Water (KDOW).

MCM 4
  

​At a minimum, the KYTC must comply with all standards set by Kentucky Division of Water (KDOW).

As a partner, KYTC is responsible for coordinating with MS4 communities on requirements for projects during project development and prior to line and grade to determine additional post-construction requirements that are specific to stormwater management practices in the community.

 

MCM 5