5 Colo. Code Regs. § 1002-21.7

Current through Register Vol. 47, No. 20, October 25, 2024

Section 5 CCR 1002-21.7 - Hearings on Discharge Permits

A. Discharge permits required by section 501 of the Act shall be issued in accordance with the procedures specified in part 5 of the Act, section 105 of the APA, the discharge permit regulations, 5 CCR 1002-61, and section 21.4 of this regulation. In the event of a conflict between this regulation and the discharge permit regulations, the latter shall prevail.

B. An applicant seeking a discharge permit or a modification of its existing permit or any person adversely affected or aggrieved by a Division determination regarding issuance or a condition of a discharge permit is entitled to a hearing in accordance with section 24-4-105, C.R.S.

1) Any applicant for a renewal permit may appeal the action of the Division on such permit to a hearing officer in accordance with section 24-4-105, C.R.S.

2) Following the filing of the appeal and within 30 days of the issuance of the renewal permit, the applicant may request that the Division stay the contested terms and conditions of the permit. The Division shall act upon the stay request within 10 days of its receipt and shall grant the request if it reasonably appears that serious harm would otherwise result and refusal to grant a stay would be without sufficient corresponding public benefit.

3) Any stay granted pursuant to this section shall expire upon action by the hearing officer under section 24-4-105, C.R.S. During the period of the stay the terms and conditions of the prior permit corresponding to the contested terms and conditions of the renewal permit shall be effective and enforceable.

4) The decision to grant or deny a stay shall be subject to determination pursuant to section 25-8-404(4), C.R.S.

D. If the Division issues a temporary permit pursuant to section 25-8-502(5)(a)(1) of the Act and section 61.9 of the Permit Regulations, the permit applicant may appeal the decision of the Division with respect to the temporary permit in accordance with section 21.4.A (3)(a) of this regulation.

E. If an existing or temporary permit is extended by operation of section 25-8-502(5)(a)(I) of the Act and section 24-4-104 of the APA, public notice of the permit extension shall be given.

5 CCR 1002-21.7

38 CR 07, April 10, 2015, effective 4/30/2015

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