5 Colo. Code Regs. § 1002-61.2

Current through Register Vol. 47, No. 11, June 10, 2024

Section 5 CCR 1002-61.2 - DEFINITIONS

NOTE: Several terms used in this regulation that are not defined below are defined in the Colorado Water Quality Control Act, 25-8-103, C.R.S.

(1)"ACT" means the Colorado Water Quality Control Act as from time to time amended, section 25-8-101 et seq., C.R.S.

(2)"AGRONOMIC RATE OF APPLICATION" means the rate of application of nutrients to plants that is necessary to satisfy the plants' nutritional requirements while strictly minimizing the amount of nutrients that run off to surface waters or which pass below the root zone of the plants. For purposes of use under Section 61.13 (Housed Commercial Swine Feeding Operations) the agronomic rate of application shall be as specified by the most current published fertilizer suggestions of Colorado State University Cooperative Extension for the plants, or the most closely related plant type, to which the nutrients are to be applied.

(3)"AGRONOMIC ROOT ZONE" means the soil zone of land application sites that is sampled and analyzed for required constituents for monitoring purposes and for calculating the agronomic rate of application. The depth of the agronomic root zone is as specified by the most current published fertilizer suggestions of Colorado State University Cooperative Extension for the plants, or the most closely related plant type, to which plant nutrients are to be applied.

(4)"ANIMAL FEEDING OPERATION" (AFO) means a lot or facility (other than an aquatic animal production facility) where the following conditions are met:

(a) Animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and

(b) Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.

(5)"AQUIFER" means a formation, group of formations, or part of a formation containing sufficient saturated permeable material that could yield a sufficient quantity of water that may be extracted and applied to a beneficial use.

(6)"BASIC STANDARDS" means the regulation entitled Basic Standards and Methodologies for Surface Waters, adopted by the Commission and published as 5 CCR 1002-31, Regulation No. 31.

(7)"BEST AVAILABLE TECHNOLOGY" (BAT) means Best Available Technology Economically Achievable (BATEA) pursuant to sections 301(b)(2)(A) and 304(b)(2) of the Federal Clean Water Act (CWA).

(8)"BEST CONVENTIONAL TECHNOLOGY" (BCT) means Best Conventional Pollutant Control Technology (BCPCT) pursuant to sections 301(b)(2)(E) and 304(b)(4) of the Federal Clean Water Act (CWA).

(9)"BEST MANAGEMENT PRACTICES" (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of "state waters". BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

(10)"BEST PRACTICAL TECHNOLOGY" means the Best Practical Control Technology currently available pursuant to sections 301(b)(1)(A) and 304(b)(4) of the Federal Clean Water Act (CWA).

(11)"BIOSOLIDS" means the accumulated treated residual product resulting from a domestic wastewater treatment works. Biosolids does not include grit or screenings from a wastewater treatment works, commercial or industrial sludges (regardless of whether the sludges are combined with domestic sewage), sludge generated during treatment of drinking water, or domestic or industrial septage.

(12)"BYPASS" means the intentional diversion of waste streams from any portion of a treatment facility.

(13)"COMMENCE CONSTRUCTION" includes execution of, and commencement of work under contracts for engineering design, plans and specifications for erection, building, alteration, remodeling, improvement of extension of treatment works and commitment to the completion of construction of such treatment works prior to exceeding permit effluent limitations based upon facility design and capacity, or execution of a contract for the construction thereof defined by section 25-8-501(5)(e), C.R.S. as amended.

(14)"COMPLETE APPLICATION" means application for point source discharge permits which have been determined by the Division to be complete in accordance with section 61.5(1).

(15)"CO-PERMITTEE" means a permittee to a permit that is only responsible for permit conditions relating to the discharge for which it is operator.

(16)"COMPLIANCE WELL" means a well which is placed at a point of compliance. The results of analyses of samples from compliance wells shall be used to establish compliance with permit limitations established for protection of state waters.

(17)"CONCENTRATED ANIMAL FEEDING OPERATION" (CAFO) means an animal feeding operation that is defined as a Large or Medium CAFO, or that is designated by the Division as a CAFO. Two or more animal feeding operations under common ownership are deemed to be a single AFO for the purposes of whether they qualify as a Large or Medium CAFO, if they are adjacent to each other or if they use a common area or system for land application of manure or process wastewater.

(18)"CONTAMINATION" means, for purposes of section 61.13 of this regulation, the addition of pollutants to soil or ground water that results in the impairment of water quality classifications or exceedance of water quality standards for any waters of the state, or a reasonable potential for any such impairment or exceedance.

(19)"CONTINUOUS DISCHARGE" means a "discharge" which occurs without interruption throughout the operating hours of the facility, except for infrequent shutdowns for maintenance, process changes, or other similar activities.

(20) "DESIGN FLOW" means the hydraulic component of the design capacity as defined in Regulation 22. Design flow may be portioned among multiple outfalls.

(21)"DETECTION WELL" means a monitoring well which is installed between a point of compliance and the point of discharge.

(22)"DISCHARGE" means the discharge of pollutants as defined in section 25-8-103(3) C.R.S., and also includes land application.

(23)"DIVISION" means the Water Quality Control Division of the Department of Public Health and Environment.

(24)"DRAFT PERMIT" means a document prepared under these regulations indicating the Division's decision to issue or deny, modify, revoke and reissue, terminate, or reissue a permit and includes the "Division's preliminary analysis." A notice of intent to terminate a permit, and a notice of intent to deny a permit, are types of draft permits. A denial of a request for modification, revocation and reissuance, or termination is not a draft permit.

(25)"DRY LOT FOR DUCKS" means a facility for growing ducks in confinement with a dry litter floor cover and no access to swimming areas.

(26)"EFFLUENT LIMITATION" means any restriction or prohibition established under this article or Federal law on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are discharged from point sources into state waters, including, but not limited to, standards of performance for new sources, toxic effluent standards and schedules of compliance.

(27)"EPA" means the United States Environmental Protection Agency.

(28)"EXISTING HOUSED COMMERCIAL SWINE FEEDING OPERATION" means a housed commercial swine feeding operation for which physical construction was commenced prior to March 30, 1999.

(29)"EXISTING IMPOUNDMENT" means any impoundment whose plans and specifications have been approved by the Division or for which construction has been commenced or completed, prior to July 1, 1993.

(30)"FECAL COLIFORM" means the bacterial count (Parameter 1) at 40 CFR 136.3 in Table 1A, which also cites the approved methods of analysis.

(31)"FEDERAL ACT" means the Federal Water Pollution Control Act, 33 U.S.C. section 1251 et seq., commonly referred to as the "Clean Water Act", and any of its subsequent amendments.

(32)"FEEDLOT" means a concentrated animal feeding operation as established in 40 C.F.R. 412.11.

(33)"FORMS" means permits, applications, letters and reporting forms which shall be those established by the Division, but additional information may be required by the U.S. Environmental Protection Agency.

(34)"FREEBOARD" means the vertical distance measured from the liquid surface level (elevation) in an impoundment or tank to the top elevation of the impoundment or tank (for example, berm or wall).

(35)"GENERAL PERMITS" means a permit authorizing a category of discharges under the Clean Water Act designated category of activities within a geographical area, issued under section 61.9(2).

(36)"GENERAL PERMIT PROGRAM AREA" (hereinafter referred to as GPPA) means any area designated by the State Department of Public Health and Environment, Water Quality Control Division, in which owners and operators of a designated category of activities are subject to the same general permit, other than owners and operators to whom individual permits have been or will be issued.

(37)"GROUND WATER" means subsurface waters in a zone of saturation which are or can be brought to the surface of the ground or to surface waters through wells, springs, seeps, or other discharge areas.

(38)"GROUND WATER RECHARGE" means the entry into the saturated zone of water made available at the water table surface, together with the associated flow away from the water table within the saturated zone.

(39)"GROUND WATER STANDARD" means any standard promulgated in or pursuant to "The Basic Standards for Ground Water, Regulation No. 41 (5 CCR 1002-41)".

(40)"HOUSED COMMERCIAL SWINE FEEDING OPERATION" means a housed swine feeding operation that is capable of housing eight hundred thousand pounds or more of live animal weight of swine at any one time or is deemed a commercial operation under local zoning or land use regulations. "Capable of housing" means the combined maximum capacities of the individual housing units that are included in the operation. Unless the owner of the operation provides information about the specific operation to the Division which demonstrates that an alternative capacity calculation is appropriate for that operation, operations will be presumed capable of housing 800,000 pounds or more of live animal weight If they have the capacity to house:

(a) 11,500 weaned swine (70 pounds or less); or

(b) 3,020 feeder swine (more than 70 pounds, up to finish weight); or

(c) 2,000 breeding sows and/or boars.

Where more than one of the above-listed size categories of swine are present, operations will be deemed capable of housing 800,000 pounds or more of live animal weight if, by dividing the capacity for the number of each type of swine by the respective limit from (a), (b), and/or (c), above, the sum of the resulting numbers is one or greater.

Two or more housed swine feeding operations shall be considered to comprise a single housed commercial swine feeding operation if they are both:

(a) under common or affiliated ownership or management, and

(b)

(i) are adjacent to or utilize a common area or system for swine feeding process wastewater or residual solids disposal, or

(ii) are integrated in any way, or

(iii) are located or discharge within the same watershed or into watersheds that are hydrologically connected, or

(iv) are located on or discharge onto land overlying the same ground water aquifer.

For the purposes of this definition, the term "common or affiliated ownership or management" shall mean:

(a) operations owned by the same entity; or

(b) operations owned by entities related through majority ownership; or

(c) operations with structural, organizational, or contractual relationships that evidence actual or effective control of the management of the aspects of a housed commercial swine feeding operation related to swine production or swine feeding process wastewater conveyance, storage, treatment, or land application systems.

"Integrated in any way" shall mean separate operations that are related in a manner that creates a reasonable potential for the operations to result in a measurable negative cumulative impact on water quality or air quality at any one location.

"Watershed" shall mean a hydrologic unit no larger than an eight-digit unit as displayed on the USGS 1974 Hydrologic Unit Map for the State of Colorado. The phrase "watersheds that are hydrologically connected" shall mean watersheds that are contiguous and tributary to the same four-digit unit. Provided, that two or more housed swine feeding operations shall not be considered to be located in the same watershed or in watersheds that are hydrologically connected if the owner demonstrates that there is no reasonable potential for the operations to result in a measurable negative cumulative impact on water qualify at any one location.

(41)"HOUSED SWINE FEEDING OPERATION" means the practice of raising swine in buildings, or other enclosed structures wherein swine of any size are fed for forty-five days or longer in any twelve-month period, and crop or forage growth or production is not sustained in the area of confinement

(42)"ILLICIT DISCHARGE" means any discharge to a municipal separate storm sewer that is not composed entirely of stormwater except the following: discharges specifically authorized by a CDPS permit, and discharges resulting from fire fighting activities.

(43)"IMPOUNDMENT" means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is used for the storage, treatment, evaporation or discharge of pollutant-containing waters, sludge or associated sediment.

(44)"INCORPORATED PLACE" means a city, town, township, or village that is incorporated under the laws of the State of Colorado.

(45)"INTERCEPTOR SEWER" a sewer line will be considered as an interceptor sewer if it performs one or more of the following functions as its primary purpose:

(a) It intercepts wastes from a final point in a collection system and conveys such waste directly to a treatment plant;

(b) It serves in place of a treatment plant and transports the collected wastes to an adjoining collection system or interceptor sewer for treatment;

(c) It transports the wastes from one or more municipal collection systems to another municipality or to a regional treatment plant; or

(d) It intercepts an existing major discharge of raw or inadequately treated wastewater for transport directly to another interceptor or to a treatment plant.

A sewer with a minor number of building or lateral connections may be considered an Interceptor sewer if it performs one or more of the functions listed above.

(46)"IRRIGATION RETURN FLOW" means tailwater, tile drainage, or surfaced groundwater flow from irrigated land.

(47)"ISSUE OR ISSUANCE" means the mailing to all parties of any order, permit, determination, or notice other than notice by publication, by certified mail to the last address furnished to the agency by the person subject thereto or personal service on such person, and the date of issuance of such order, permit, determination, or notice shall be the date of such mailing or service or such later date as is stated in the order, permit, determination, or notice.

(48)"LAND APPLICATION" is any discharge being applied directly to the land for land disposal or land treatment and does not include a discharge to surface waters even if such waters are subsequently diverted and applied to the land.

(49)"LAND DISPOSAL" is any discharge or pollutant-containing waters being applied to land for which no further treatment is intended.

(50)"LAND TREATMENT" is any discharge of pollutant-containing waters being applied to the land for the purpose of treatment.

(51)"LARGE CONCENTRATED ANIMAL FEEDING OPERATION" (Large CAFO) means an AFO that stables or confines as many as or more than the numbers of animals specified in any of the following categories:

(a) 700 mature dairy cows, whether milked or dry;

(b) 1,000 veal calves

(c) 1,000 cattle other than mature dairy cows or veal calves. Cattle includes but is not limited to heifers, steers, bulls, and cow/calf pairs;

(d) 2,500 swine each weighing 55 pounds or more;

(e) 10,000 swine each weighing less than 55 pounds;

(f) 500 horses;

(g) 10,000 sheep or lambs;

(h) 55,000 turkeys;

(i) 30,000 laying hens or broilers, if the AFO uses a liquid manure handling system;

(j) 125,000 chickens (other than laying hens), if the AFO uses other than a liquid manure handling system;

(k) 82,000 laying hens, if the AFO uses other than a liquid manure handling system;

(l) 30,000 ducks (if the AFO uses other than a liquid manure handling system); or

(m) 5,000 ducks (if the AFO uses a liquid manure handling system).

(52)"LARGE MUNICIPAL SEPARATE STORM SEWER SYSTEM" means all municipal separate storm sewers that are either:

(a) located in the City and County of Denver; or

(b) located in a municipality other than that described in (a) and meets the criteria of either (b)(i) or (b)(ii) below:

(i) in an incorporated place, other than that described in (a), and other than the City of Colorado Springs, with a population of 250,000 or more as determined by the 1990 Decennial Census by the Bureau of Census; or

(ii) in the unincorporated portions of a county that has areas designated as urbanized areas by the 1990 Decennial Census by the Bureau of Census and where the population of the urbanized areas exceeds 250,000 after the population in the incorporated places with in the urbanized areas is excluded, except municipal separate storm sewer systems that are located in the incorporated places within such counties; or

(c) owned or operated by a municipality other than those described in paragraphs (a) or (b) and that are designated by the Division as part of the large or medium municipal separate storm sewer system due to the interrelationship between the discharges of the designated storm sewer and the discharges from municipal separate storm sewers described under paragraphs (a) or (b). In making this determination the Division may consider the following factors:

(i) physical interconnections between the municipal separate storm sewers;

(ii) the location of discharges from the designated municipal separate storm sewer relative to discharges from municipal separate storm sewers described in subparagraph (a);

(iii) the quantity and nature of pollutants discharged to state waters;

(iv) the nature of the receiving waters; and

(v) other relevant factors; or

(d) The Division may, upon petition, designate as a large municipal separate storm sewer system, municipal separate storm sewers located within the boundaries of a region defined by a stormwater management regional authority based on a jurisdictional, watershed, or other appropriate basis that includes one or more of the systems described in paragraphs (a), (b) or (c).

(53)"LOAD ALLOCATION" means the portion of a receiving waters assimilative capacity that is attributed to either one of its existing of future nonpoint sources of pollution or to natural background sources.

(54)"MAJOR MUNICIPAL SEPARATE STORM SEWER OUTFALL" (or "MAJOR OUTFALL") means a municipal separate storm sewer outfall that discharges from a single pipe with an inside diameter of 36 inches or more or its equivalent (discharge from a single conveyance other than circular pipe which is associated with a drainage area of more than 50 acres); or for municipal separate storm sewers that receive stormwater from lands zoned for industrial activity (based on comprehensive zoning plans or the equivalent), an outfall that discharges from a single pipe with an inside diameter of 12 inches or more or from its equivalent (discharge from other than a circular pipe associated with a drainage area of 2 acres or more).

(55)"MANURE" means feces, litter, and/or urine and materials, such as bedding, sludge, compost, feed waste, dry harvested forage, and any raw material used in or resulting from operation of an animal feeding operation, that have been commingled with feces, litter, and/or urine.

(56)"MASS BALANCE ANALYSIS" means the determination of mass limitations expressed in pounds of a pollutant.

(57)"MEDIUM CONCENTRATED ANIMAL FEEDING OPERATION" (Medium CAFO) means an AFO with the type and number of animals that fall within any of the ranges listed in (a) below and which has been defined or designated as a CAFO. An AFO is defined as a Medium CAFO if:

(a) The type and number of animals that it stables or confines falls within any of the following ranges:

(I) 200 to 699 mature dairy cows, whether milked or dry;

(II) 300 to 999 veal calves;

(III) 300 to 999 cattle other than mature dairy cows or veal calves. Cattle includes but is not limited to heifers, steers, bulls, and cow/calf pairs.

(IV) 750 to 2,499 swine each weighing 55 pounds or more;

(V) 3,000 to 9,999 swine each weighing less than 55 pounds;

(VI) 150 to 499 horses;

(VII) 3,000 to 9,999 sheep or lambs;

(VIII) 16,500 to 54,999 turkeys;

(IX) 9,000 to 29,999 laying hens or broilers, if the AFO uses a liquid manure handling system;

(X) 37,500 to 124,999 chickens (other than laying hens), if the AFO uses other than a liquid manure handling system;

(XI) 25,000 to 81,999 laying hens, if the AFO uses other than a liquid manure handling system;

(XII) 10,000 to 29,999 ducks (if the AFO uses other than a liquid manure handling system; or

(XIII) 1,500 to 4,999 ducks (if the AFO uses a liquid manure handling system; and

(b) Either one of the following conditions are met:

(I) Pollutants from the animal feeding operation are discharged into surface water through a man-made drainage system; or

(II) Pollutants are discharged directly into surface water which originate outside of and pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation.

(58)"MEDIUM MUNICIPAL SEPARATE STORM SEWER SYSTEM" means all municipal separate storm sewers that are either:

(a) located in the City of Aurora, City of Lakewood, or the City of Colorado Springs; or

(b) located in a municipality other than that described in (a) and meets the criteria of either (b)(i) or (b)(ii) below:

(i) in an incorporated place, other than that described in (a), with a population of 100,000 or more but less than 250,000, as determined by the 1990 Decennial Census by the Bureau of Census; or

(ii) in the unincorporated portions of a county that has areas designated as urbanized areas by the 1990 Decennial Census by the Bureau of Census and where the population of the urbanized areas exceeds 100,000 but less than 250,000, after the population in the incorporated places with in the urbanized areas is excluded, except municipal separate storm sewer systems that are located in the incorporated places within such counties; or

(c) owned or operated by a municipality other than those described in paragraphs (a) or (b) and that are designated by the Division as part of the large or medium municipal separate storm sewer system due to the interrelationship between the discharges of the designated storm sewer and the discharges from municipal separate storm sewers described under paragraphs (a) or (b). In making this determination the Division may consider the following factors:

(i) physical interconnections between the municipal separate storm sewers;

(ii) the location of discharges from the designated municipal separate storm sewer relative to discharges from municipal separate storm sewers described in subparagraph (a);

(iii) the quantity and nature of pollutants discharged to state waters;

(iv) the nature of the receiving waters; or

(v) other relevant factors; or

(d) the Division may, upon petition, designate as a medium municipal separate storm sewer system, municipal separate storm sewers located within the boundaries of a region defined by a stormwater management regional authority based on a jurisdictional, watershed, or other appropriate basis that includes one or more of the systems described in paragraphs (a), (b) or (c).

(59)"MS4" means a municipal separate storm sewer system.

(60)"MONITORING ZONE" means the soil zone of land application sites that is sampled and analyzed for required constituents for monitoring purposes. The depth of the monitoring zone is:

(a) Between four and six feet below the land surface for shallow-rooted crops, unless rooting depth restrictions exist at a shallower depth, as defined in (d) below.

(b) Between four and eight feet below the land surface for deep-rooted crops, unless rooting depth restrictions exist at a shallower depth, as defined in (d) below.

(c) Between four and eight feet below the land surface for land application sites that have been found to be predominantly composed of soils that are classified as sandy, sandy loam, or loamy sand in texture throughout the entire soil profile, unless rooting depth restrictions exist at a shallower depth, as defined in (d) below,

(d) The presence and depth of, or absence of, a root growth restrictive layer in the soil profile will be determined by a site-specific pedological soil analysis performed by a qualified soil scientist (i.e., Natural Resources Conservation Service soil scientist or equivalently trained individual).

(61)"MULTI-YEAR PHOSPHORUS APPLICATION" means phosphorus applied to a field in excess of the crop needs for that year. In multi-year phosphorus applications, no additional manure, residual solids, process wastewater, or swine feeding process wastewater is applied to the same land in subsequent years until the applied phosphorus has been removed from the field via harvest and crop removal.

(62)"MUNICIPAL SEPARATE STORM SEWER" means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):

(a) owned or operated by a State, city, town, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or a designated and approved management agency under section 208 of the CWA that discharges to state waters;

(b) designed or used for collecting or conveying stormwater;

(c) which is not a combined sewer; and

(d) which is not part of a Publicly Owned Treatment Works (POTW).

(63)"MUNICIPALITY" means a city, town, county, district, association, or other public body created by or under State law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or a designated and approved management agency under section 208 of CWA(1987).

(64)"MUNICIPAL STORMWATER OUTFALL" means a "point source", as defined in this section, at the point where a municipal separate storm sewer discharges to state waters and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other state waters and are used to convey state waters.

(65)"NEW DISCHARGER" means any building, structure, facility, or installation from which there is or may be a discharge of pollutants that did not commence at the particular site before August 13, 1979, that is not a new source, and that has never received a final effective permit for discharges at the site.

(66)"NEW HOUSED COMMERCIAL SWINE FEEDING OPERATION" means a housed commercial swine feeding operation for which physical construction was commenced on or after March 30, 1999.

(67)"NEW SOURCE" means any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the promulgation of standards of performance for the particular source, pursuant to section 306 of the Clean Water Act. The term also applies where a standard of performance has been proposed, provided that the standard is promulgated within 120 days of its proposal. Except as otherwise provided in an applicable new source performance standard, a source is a "new source" if it meets this definition of "new source", and:

(a) It is constructed at a site at which no other source is located; or

(b) It totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(c) Its processes are substantially independent of an existing source at the same site. In determining whether these processes are substantially independent, the Division shall consider such factors as the extent to which the new facility is integrated with the existing plant; and the extent to which the new facility is engaged in the same general type of activity as the existing source.

(68)"NON-LAND-APPLICATION FACILITY" means, for purposes of section 61.13 of this regulation, a housed commercial swine feeding operation that is capable of continuous operation without land application of swine feeding process wastewater or residual solids at any on-site or off-site location or the discharge of swine feeding process wastewater to surface waters.

(69)"NUMERICAL PROTECTION LEVELS" means ground water quality levels established on a site-specific basis by the Division pursuant to section 61.8 of this regulation, which will be binding with respect to the activity in question unless and until site-specific ground water quality standards have been adopted by the Commission.

(70)"100-YEAR, 24-HOUR STORM" means a storm of a 24-hour duration which yields a total rainfall of a magnitude which has a probability of recurring once every one hundred years.

(71)"OVERBURDEN" means any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally-occurring surface materials that are not disturbed by mining operations.

(72)"PERMIT" means a permit issued pursuant to these regulations and therefore includes Colorado Discharge Elimination System permits, including new permits, renewals, general permits, GPPA permits and temporary permits.

(73)"PERSON" means an individual, corporation, partnership, association, state or political subdivision thereof, federal agency, state agency, municipality, Commission, or interstate body.

(74)"POINT OF COMPLIANCE" means a vertical surface that is located at some specified distance hydrologically downgradient of the activity being monitored for compliance; provided that the Commission may establish a point of compliance other than a vertical surface on a site specific basis pursuant to section 41.6 of the "Basic Standards for Ground Water".

(75)"POINT SOURCE" means any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. "Point Source" does not include irrigation return flow.

(76)"POLLUTANT" means dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or any industrial, municipal or agricultural waste.

(77)"POLLUTION" means man-made or man-induced, or natural alteration of the physical, chemical, biological, and radiological integrity of water.

(78)"PRACTICAL QUANTITATION LIMIT" (PQL) means the minimum concentration of an analyte (substance) that can be measured with a high degree of confidence that the analyte is present at or above that concentration.

(79)"PRETREATMENT REGULATIONS" means the regulations adopted by the Commission and published as 5 CCR 1002-63, Regulation No. 63.

(80)"PRIVATELY OWNED TREATMENT WORKS" means any device or system which is used to treat wastes of a liquid nature from other facilities and which is not a publicly owned treatment works.

(81)"PROCEDURAL REGULATIONS" means regulations entitled "Procedural Rules", adopted by the Commission and published as 5 CCR 1002-21, Regulation No. 21.

(82)"PROCESS WASTEWATER" means, for the purposes of all but sections 61.13 and 61.17 of this regulation, any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. For the purposes of sections 61.13 and 61.17 of this regulation, process wastewater means water directly or indirectly used in the operation of the housed commercial swine feeding operation or CAFO for any or all of the following: spillage or overflow from animal or poultry watering systems; washing, cleaning, or flushing pens, barns, manure pits, or other CAFO facilities; direct contact swimming, washing, or spray cooling of animals; or dust control. Process wastewater also includes any water which comes into contact with any raw materials, products, or byproducts including manure, litter, feed, milk, eggs or bedding.

(83)"PRODUCTION AREA" means that part of an animal feeding operation that includes the animal confinement area, the manure and residual solids storage area, the raw materials storage area, and the waste containment areas. The animal confinement area includes but is not limited to open lots, housed lots, feedlots, confinement houses, stall barns, free stall barns, milkrooms, milking centers, cowyards, barnyards, medication pens, walkers, animal walkways, and stables. The manure and residual solids storage area includes but is not limited to lagoons, runoff ponds, storage sheds, stockpiles, under house or pit storages, liquid impoundments and tanks, static piles, and composting piles. The raw materials storage area includes but is not limited to feed silos, silage bunkers, and bedding materials. The waste containment area includes but is not limited to settling basins, and areas within berms and diversions which separate uncontaminated storm water. Also included in the definition of production area is any egg washing or egg processing facility, and any area used in the storage, handling, treatment, or disposal of mortalities.

(84)"PROMULGATE" means and includes authority to adopt, and from time to time amend, repeal, modify, publish and put into effect.

(85)"PROPOSED PERMIT" means a permit prepared after the close of the public comment period which is sent to EPA for review before final issuance. A proposed permit is not a draft permit.

(86)"PUBLIC DRINKING WATER SYSTEM" means a system for the provision to the public of piped water for human consumption, if such system has at least fifteen (15) service connections or serves an average of at least 25 persons daily at least 60 days out of the year. A public drinking water system includes both community and non-community systems.

(87)"PUBLICLY OWNED TREATMENT WORKS" ("POTW") means a publicly owned domestic wastewater treatment facility. This includes any publicly owned devices and systems used in the storage, treatment, recycling or reclamation of municipal sewage or treatment of industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances if they are publicly owned or if they convey wastewater to a POTW treatment plant. The term also means the municipality, as defined in section 502(4) of the Clean Water Act, which has jurisdiction over the indirect discharges to and the discharge from such treatment works.

(88)"RECOMMENCING DISCHARGER" means a source which recommences discharge after terminating operations. Temporary shut down of operations for repair or maintenance does not constitute a termination of operations for purpose of this paragraph.

(89)"REGIONAL ADMINISTRATOR"means the Region VIII Administrator of the Federal Environmental Protection Agency.

(90)"REGULATED SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEM" means:

(a) a small MS4 located in an urbanized area as determined by the latest Decennial Census by the Bureau of the Census. (If the small MS4 is not located entirely within an urbanized area, only the portion that is within the urbanized area is regulated); or

(b) a small MS4 designated by the Division, including where the designation is pursuant to 61.3(2)(f)(v)(A)(lll), or based upon a petition under 61.3(2)(g)(iv).

(91)"RENEWAL PERMIT APPLICATION" means an application for a point source activity for which a permit has previously been issued by the Division.

(92)"RESIDUAL SOLIDS" means for purposes of section 61.13 of this regulation, manure, solids separated from swine feeding process wastewater, sludges derived from impoundments or tanks used to store or treat swine feeding process wastewater, solids derived from treatment of swine feeding process wastewater by means of other than impoundments or tanks, and composted solids.

(93)"RUNOFF COEFFICIENT" means the fraction of total rainfall that will appear at a conveyance as runoff.

(94)"SCHEDULE OF COMPLIANCE" means a schedule of remedial measures and times including an enforceable sequence of actions or operations leading to compliance with a control regulation or effluent limitation.

(95)"SECONDARY TREATMENT" means that level of wastewater treatment in domestic wastewater treatment works which obtains the effluent quality needed to achieve the effluent limitations specified in Regulation No. 62, section 2 of "Regulations for Effluent Limitations."

(96)"SETBACK" means a specified distance from surface waters, or potential conduits to surface waters, where manure, residual solids, process wastewater, and swine feeding process wastewater may not be land applied. Examples of conduits to surface waters include but are not limited to: open tile line intake structures, sinkholes, and agricultural well heads.

(97)"SIGNIFICANT MATERIALS" includes, but is not limited to raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under Section 101(14) of CERCLA as amended by SARA (1986); any chemical the facility is required to report pursuant to Section 313 of Title III of SARA (1986); fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges.

(98)"SITE" means the land or water area where any facility or activity subject to this regulation is physically located or conducted, including adjacent land used in connection with the facility or activity.

(99)"SMALL CONCENTRATED ANIMAL FEEDING OPERATION" (Small CAFO) means an AFO that is designated by the Division as a CAFO, and is not a Medium CAFO.

(100)"SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEM" (small MS4) means any municipal separate storm sewer that is not defined as a "large" or "medium" municipal separate storm sewer system pursuant to paragraphs 42 and 45 of this section. This term includes publicly-owned systems similar to separate storm sewer systems in municipalities (i.e., non-standard MS4s), including, but not limited to, systems at military bases and large education, hospital or prison complexes, if they are designed for a maximum daily user population (residents and individuals who come there to work or use the MS4's facilities) of at least 1000.

(101)STANDARD INDUSTRIAL CLASSIFICATION ("SIC") CODE" means the statistical classification standard for industrial establishments developed by the Office of Management and Budget and published in the Standard Industrial Classification Manual, Executive Office of the President, Office of Management and Budget (1987).

(102)"STATE WATERS" means any and all surface and subsurface waters which are contained in or flow in or through this State, but does not include waters in sewage systems, waters in treatment works of disposal systems, waters in potable water distribution systems, and all water withdrawn for use until use and treatment have been completed.

(103)"STORMWATER" means stormwater runoff, snow melt runoff, and surface runoff and drainage.

(104)"SURFACE WATER" means, for the purposes of sections 61.13 and 61.17, all waters of the state that are also waters of the U.S.

(105)"SWINE FEEDING PROCESS WASTWATER" means any process wastewater directly or indirectly used in the operation of a housed commercial swine feeding operation, including that wastewater resulting from feeding, flushing, or washing operations; spillage or overflow from animal watering systems, direct contact swimming, washing, or spray cooling of swine; or dust control; and any water or precipitation that comes into contact with any residual solids, urine, raw materials, feed, bedding, or any other animal feeding by-product resulting from the production of swine.

(106)"TANK" means a stationary device, designed to contain an accumulation of pollutant-containing water, which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.

(107)"THROUGHPUT" means the hydraulic and organic loading being measured prior to treatment at a domestic wastewater treatment works during a specified period of time (usually a 30-day period).

(108)"TOTAL COLIFORM" means all coliform bacteria.

(109)"TOTAL MAXIMUM DAILY LOAD" means the sum of the individual wasteload allocations for point sources and load allocations for nonpoint sources and natural background.

(110)"TOXIC POLLUTANT" means any pollutant listed as toxic under section 307(A)(1) of the Federal Clean Water Act.

(111)"25-YEAR, 24-HOUR STORM" means a storm of a 24-hour duration which yields a total rainfall of a magnitude which has a probability of recurring once every twenty-five years.

(112)"UNCONTROLLED SANITARY LANDFILL" means a landfill or open dump, whether in operation or closed, that does not meet the requirements for run-on or run-off controls established pursuant to subtitle D of the Solid Waste Disposal Act as amended by HSWA (1984).

(113)"UPSET" means an exceptional incident in which there is unintentional and temporary noncompliance with permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

(114)"VADOSE ZONE" means the zone between the land surface and the water table. It includes the root zone, intermediate zone, and capillary fringe. Saturated bodies, such as perched ground water, may exist in the vadose zone, also called zone of aeration and unsaturated zone.

(115)"VEGETATED BUFFER" means a narrow, permanent strip of dense perennial vegetation established parallel to the contours of and perpendicular to the dominant slope of the field for the purposes of slowing water runoff, enhancing water infiltration, and minimizing the risk of any potential nutrients or pollutants from leaving the field and reaching surface waters.

(116)"WASTELOAD ALLOCATION" means the portion of the receiving water's assimilative capacity that is allocated to one of its existing or future point sources of pollution. Wasteload allocations constitute a type of water quality-based effluent limitation.

(117)"WATER QUALITY IMPACTS" means the effect of a discharge upon state waters, including, but not limited to the exceedance of permit limitations and/or stream standards or ground water standards; the occurrence of fish or other aquatic organism kills; excessive growth of organisms that affects the taste and odor of a potable water supply source and/or aesthetic quality of a recreational area; and/or the occurrence of conditions resulting in detrimental public health affects.

(118)"WATER QUALITY STANDARD" means any standard promulgated pursuant to section 25-8-204 C.R.S.

(119)"WET LOT FOR DUCKS" means a confinement facility for raising ducks which is open to the environment, has a small number of sheltered areas, and with open water runs and swimming areas to which ducks have free access.

(120)"WHOLE EFFLUENT TOXICITY" Whole effluent toxicity (WET) is a biological activity effect by which effluents exhibit antagonism to the aquatic organisms used in biomonitoring tests in the form of acute or chronic toxicity. WET may be caused by a variety of specific compounds or by synergistic interaction among compounds.

5 CCR 1002-61.2

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