5 Colo. Code Regs. § 1002-61.10

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

Section 5 CCR 1002-61.10 - MODIFICATION AND RENEWAL OF PERMITS - ANTIBACKSLIDING

(a) Should the permittee desire to continue the discharge after the expiration of the period of the permit, the permittee shall submit a complete renewal application form. A complete renewal application shall consist of:

(i) A statement that the permittee is in compliance with or has substantially complied with all the terms, conditions, requirements, and schedules of compliance of the expiring permit;

(ii) A description of any substantial changes related to the facility or discharge occurring since the issuance of the existing permit, which materially affect the quantity or quality of the permitted effluent; and

(iii) Any additional information that the Division may find reasonably necessary to evaluate the renewal application.

(b) The Division may incorporate in a renewal permit any changes necessitated by statutory or regulatory revisions or material alterations affecting the quality of the permittee's effluent. Renewal applications review shall follow the standards of sections 24-4-102 and 24-4-104, C.R.S.

(c) All sections of these regulations pertaining to the issuance of permits except as provided in this section shall apply to any request for a permit renewal.

(d) Where the applicant has made timely and sufficient application for the renewal of a permit, if the application is denied and an adjudicatory hearing is timely requested, the Division's determination shall not be final until final action by the Division after the adjudicatory hearing.

(e) A permit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to section 25-8-503(1)(b) (BPJ), which are less stringent than the comparable effluent limitations or standards in the previous permit, unless any one of the following exceptions is met and the conditions of paragraph (g) of this section are met:

(i) Material and substantial alterations or additions to the permitted facility occurred after permit issuance which justify the application of less stringent effluent limitations; or

(ii) Information is available which was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and which would have justified the application of a less stringent effluent limitation or standard at the time of permit issuance; or

(iii) The Division determines that technical mistakes or mistaken interpretations of law were made in issuing the permit, which justified relaxation of the effluent limitations or standards; or

(iv) A less stringent effluent limitation or standard is necessary because of events over which the permittee has no control and for which there is not reasonable available remedy; or

(v) The permittee has received a permit variance; or

(vi) The permittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent limitations, in which case, the limitations in the renewed, reissued, or modified permit may reflect the level of pollutant control actually achieved (but shall not be less stringent than required by effluent guidelines in effect at the time of permit renewal, re-issuance, or modification).

(f) A permit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to 61.8(2)(b) or (c) that are less stringent than the comparable effluent limitations in the previous permit, unless any of the exceptions provided herein is met and the conditions of paragraph (g) of this section are met.

(i) In waters where the applicable water quality standard has not yet been attained, effluent limitations based on a total maximum daily load or other waste load allocation may be revised to be less stringent if the cumulative effect of all such revisions assures attainment of such water quality standard, or the designated use which is not being attained is removed in accordance with Regulation No. 31, section 6 of the Basic Standards.

(ii) In waters where the applicable water quality standard has been attained, effluent limitations based on a total maximum daily load, other waste load allocation, or any other permitting standard (including any water quality standard) may be revised to be less stringent if such revision is subject to and consistent with the antidegradation provisions of Regulation No. 31 section 8 of the Basic Standards. Consistency with Regulation No. 31, section 8 shall be presumed if the waters in question have been designated by the Commission as "use protected"; or

(iii) Whether or not the applicable water quality standard has been attained:

(A) Material and substantial alterations or additions to the permitted facility occurred after permit issuance which justified the application of less stringent effluent limitations; or

(B) Information is available which was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and which would have justified the application of a less stringent effluent limitation or standard at the time of permit issuance; or

(C) The Division determines that technical mistakes or mistaken interpretations of law were made in issuing the permit, which justified relaxation of the effluent limitations or standards; or

(D) A less stringent effluent limitation is necessary because of events over which the permittee has no control and for which there is not reasonable available remedy; or

(E) The permittee has received a permit variance; or

(F) The permittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent limitations, in which case, the limitations in the reviewed, reissued, or modified permit may reflect the level of pollutant control actually achieved (but shall not be less stringent than required by effluent guidelines in effect at the time of permit renewal, reissuance, or modification).

(g) In no event may a permit with respect to which paragraphs (e) and (f) of this section apply be renewed, reissued, or modified to contain an effluent limitation or standard which is less stringent than required by federal effluent guidelines in effect at the time the permit is renewed, reissued, or modified. In no event may such a permit to discharge into state waters be renewed, reissued, or modified to contain a less stringent effluent limitation if the implementation of such limitation would result in a violation of an applicable water quality standard.

5 CCR 1002-61.10

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