5 Colo. Code Regs. § 1002-61.9

Current through Register Vol. 47, No. 10, May 30, 2024

Section 5 CCR 1002-61.9 - OTHER TYPES OF PERMITS

61.9(1)TEMPORARY AND EXTENDED PERMITS

(a) If the Division has not issued or denied a permit within one hundred eighty days after receipt of a complete and accurate permit application, unless this time limit is waived or extended by the applicant, or if the Division determines at any time after receiving an application that it cannot issue a permit prior to the expiration of an existing permit, the Division shall issue a temporary permit or the existing permit shall be extended pursuant to the operation of section 24-4-104 C.R.S.

(b) All temporary permits shall comply with the water quality standards and shall contain such conditions as are necessary to protect the public health and shall not be less restrictive than required by state and federal effluent guidelines unless a schedule of compliance or a variance is set forth therein. A temporary permit shall be issued for a period not to exceed two (2) years and shall expire as provided in the issuance or denial of the final permit.

(c) An applicant may appeal the decision of the Division with respect to the temporary permit in accordance with section 21.4 A(3)(b) of the Procedural Regulations, Regulation No. 21.

(d) If and when the terms and conditions of a temporary permit are appealed in the instance of a new permit for a proposed discharge, the applicant is prohibited from discharging until a suitable temporary or final permit is issued unless the permittee accepts the permit subject to appeal. In the instance of an appeal of an extended existing permit, the terms and conditions of the extended permit remain in effect and are enforceable pursuant to section 61.7 of these regulations until final action on the permit is taken by the Division.

(e) If an existing permit is extended or a temporary permit issued pursuant to section 25-8-502(a)(l) or 24-4-104 C.R.S., the temporary or extended permit shall be noticed in accordance with section 25-8-502, C.R.S., and section 61.5(2) of these regulations.

61.9(2)GENERAL PERMITS

(a) Coverage. The Division may issue a general permit to cover a category of discharges, except those covered by individual permits, within a geographic area which shall correspond to existing geographic or political boundaries. The general permit shall be written to regulate, either

(i) stormwater point source; or

(ii) a category of point sources other than stormwater point sources if the sources all:

(A) involve the same or substantially similar types of operations;

(B) discharge the same types of wastes;

(C) require the same effluent limitations or operating conditions;

(D) require the same or similar monitoring; and

(E) in the opinion of the Director, are more appropriately controlled under a general permit than under individual permits.

(b) Administration.

(i) In general.

General permits may be issued, modified, revoked and reissued, or terminated in accordance with 61.5(2), 61.5(3). 61.5(4), 61.6, 61.7,61.7(1), 61.8 and 61.8(3).

(ii) Authorization to discharge.

(A) Except as provided in 61.9(2)(b)(ii)(E) and (F), discharges (or treatment works treating domestic sewage) seeking coverage under a general permit shall submit to the Division a written application to be covered by the general permit. A discharger (or treatment works treating domestic sewage) who fails to submit an application in accordance with the terms of the permit is not authorized to discharge under the terms of the general permit unless the general permit, in accordance with 61.9(2)(b)(ii)(E), contains a provision that an application is not required or the Division notifies a discharger (or treatment works treating domestic sewage) that it is covered by a general permit in accordance with 61.9(2)(b)(ii)(F). A complete and timely application, to be covered in accordance with general permit requirements, fulfills the requirements for permit applications for coverage under a general permit unless the Division notifies the applicant that an individual permit is required.

(B) The contents of the application shall be specified in the general permit and shall require the submission of information necessary for adequate program implementation, including at a minimum, the legal name and address of the owner or operator, the facility name and address, type of facility or discharges, and the receiving stream(s). All applications shall be signed in accordance with 61.4(1).

(C) General permits shall specify the deadlines for submitting applications to be covered and the date(s) when a discharger is authorized to discharge under the permit;

(D) General permits shall specify whether a discharger (or treatment works treating domestic sewage) that has submitted a complete and timely application to be covered in accordance with the general permit and that is eligible for coverage under the permit, is authorized to discharge, in accordance with the permit either upon receipt of the application by the Division, after a waiting period specified in the general permit, on a date specified in the general permit, or upon receipt of notification of inclusion by the Division. Coverage may be terminated or revoked in accordance with 61.9(2)(b)(iii).

(E) Discharges other than discharges from publicly owned treatment works, combined sewer overflows, municipal separate storm sewer systems, primary industrial facilities, and stormwater discharges associated with industrial activity, may, at the discretion of the Division, be authorized to discharge under a general permit without submitting an application where the Division finds that an application requirement would be inappropriate. In making such a finding, the Division shall consider: the type of discharge, the expected nature of the discharge; the potential for toxic and conventional pollutants in the discharges; the expected volume of the discharges; other means of identifying discharges covered by the permit; and the estimated number of discharges to be covered by the permit. The Division shall provide in the public notice of the general permit the reasons for not requiring an application.

(F) The Division may notify a discharger (or treatment works treating domestic sewage) that it is covered by a general permit, even if the discharger (or treatment works treating domestic sewage) has not submitted an application to be covered. A discharger (or treatment works treating domestic sewage) so notified may request an individual permit under 61.9(2)(b)(iii).

(iii) Requiring an individual permit.

(A) The Director may require any person authorized by a general permit to apply for and obtain an individual permit. Cases where an individual permit may be required include the following:

(I) the discharge is a significant contributor of pollution;

(II) the discharge is not in compliance with the conditions of the general permit;

(III) a change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source; or

(IV) effluent limitation guidelines are promulgated for point sources covered by the general permit;

(V) a water quality management plan containing requirements applicable to such point sources is approved; and

(VI) circumstances have changed since the time of the request to be covered so that the discharger is no longer appropriately controlled under the general permit, or either a temporary or permanent reduction or elimination of the authorized discharge is necessary.

(B) Any owner or operator authorized by a general permit may request to be excluded from the coverage of the general permit by applying for an individual permit, as required in 61.4.

(C) When an individual permit is issued to an owner or operator otherwise subject to a general permit, the applicability of the general permit to the individual permittee is automatically terminated on the effective date of the individual permit.

(D) A source excluded from a general permit solely because it already has an individual permit may request that the individual permit be revoked, and that it be covered by the general permit. Upon revocation of the individual permit, the general permit shall apply to the source.

(c) Any owner or operator shall apply for coverage in a general permit category, prior to beginning the activity and within the time frame specified in the general permit, on application forms supplied by the Division.

(d) The Division shall review the application and certify or deny the request based on criteria established by the Division for the category.

(e) Procedures will also include opportunity for any owner or operator to exclude himself or herself from the general permit process. Any such excluded owners or operators would then be subject to the individual permit program.

(f) General permits will include all conditions determined necessary by the State for protection of the waters of the State.

(g) General permits may be issued for a term of not more than five (5) years, and may be modified, suspended, or terminated by the permit-issuing agency if necessary to effectively implement protection of waters of the State. Termination may apply to individual owners or operators, to several owners or operators, or to an entire GPPA. In cases where the termination does not affect all owners and operators, the general permit shall remain in effect with respect to those unaffected owners and operators.

5 CCR 1002-61.9

38 CR 01, January 10, 2015, effective 1/30/2015

38 CR 11, June 10, 2015, effective 6/30/2015

39 CR 17, September 10, 2016, effective 12/31/2016

39 CR 21, November 10, 2016, effective 12/31/2016

40 CR 07, April 10, 2017, effective 4/30/2017

41 CR 23, December 10, 2018, effective 12/30/2018

43 CR 10, May 25, 2020, effective 6/14/2020