KYTC District MS4 Coordinator Resources
​          FAQ

 Frequently Asked Questions

Who has to participate in this program? Why?
​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.
How and why is KYTC involved?
​KYTC is involved pursuant to 40 CFR 122.32(a), which requires state transportation departments to participate in the MS4 program.
What is DEA’s role in the program?
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.
What is the KYTC highway project manager’s role in the program?
​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.
What is the Division of Design’s role in the program?
​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.
What is the Division of Maintenance role in the program?
​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.
What is the Division of Construction’s role in the program?

​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.

Is it KYTC’s role to assess MS4?
​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.
Can stormwater system maintenance be incorporated into an interlocal agreement?
Who is KYTC responsible for compliance to?
​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.
How do I work with cities that aren’t MS4’s?

​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.

What other entities is KYTC partnered with in this effort?

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

Who is responsible for the program at the community level and how do I contact them?

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

Who are the other KYTC MS4 District Coordinators and how can I contact them?

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

Who do I contact if a problem arises?

​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.

When and why should an MS4 be contacted?

​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.

When and why would an MS4 contact me?

​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.

What happens after a local election or staff turnover occurs?

​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.

What do I have to do with encroachment permits?

​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.


What local MS4 meetings am I required to attend?

​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.

Am I going to be providing training?

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