5 Colo. Code Regs. § 1002-61.1
Throughout these regulations, standards and requirements promulgated by the U.S. Environmental Protection Agency have been adopted and incorporated by reference. The federal references cited herein include only those versions that were in effect as of October 9, 2018, and not later amendments to the incorporated material.
All material incorporated by reference is available at no cost in the online edition of the Code of Federal Regulations (CFR) hosted by the U.S. Government Printing Office. Requests for public inspection of materials incorporated by reference in this regulation should be made to the Permits Section, Water Quality Control Division, at the Department of Public Health and Environment, 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530.
The provisions of this regulation are severable, and if any provisions or the application of the provisions to any circumstances is held invalid, the application of such provision to other circumstances, and the remainder of this regulation shall not be affected thereby.
Discharge permits shall not be issued for a term that exceeds that allowed in the federal act and regulations. Where a permit, or class of permits, is not subject to the federal act or regulations, the permit shall be issued for a period of ten years unless the Division finds that a shorter or longer term is appropriate based on a conclusion that the impact of the permitted activity on the quality of the receiving waters is not likely to remain the same as the impact at the time of permit issuance. Where the Division determines that there is a risk of an increased impact to the receiving waters from the permitted activity, the Division will apply a permit term shorter than ten years.
For any permit, at the time of permit renewal, the Division shall use a risk-based approach applied to the receiving water(s) that considers the most recent water quality/quantity information, information in the renewal application, and any other relevant information, to determine whether the permit can be reissued with minimal or no change. The Division shall establish criteria by which this determination will be made and shall update those criteria at a minimum of every five years or as directed by the Commission.
5 CCR 1002-61.1