5 Colo. Code Regs. § 1002-61.3

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

Section 5 CCR 1002-61.3 - APPLICABILITY

61.3(1)APPLICABILITY - GENERALLY

(a) No person shall discharge any pollutant into any state water from a point source without first having obtained a permit from the Division for such discharge except that activities such as diversion, carriage, and exchange of water from or into streams, lakes, reservoirs, or conveyance structures, or storage of water in or release of water from lakes, reservoirs, or conveyance structures, in the exercise of water rights shall not be considered to be point source discharges of pollution under this article. However, nothing in this subsection shall exempt any point source discharger which generates wastewater effluent from the requirement of obtaining a permit pursuant to these regulations.

(b) Neither the Commission nor the Division shall require any permit for any flow or return flow of irrigation water into state waters except as may be required by the Federal Act or regulations. The provisions of any permit that are so required shall not be any more stringent than, and shall not contain any condition for monitoring or reporting in excess of, the minimum required by the Federal Act or regulations.

(c) Neither the Commission nor the Division shall require any permit for animal or agricultural waste on farms and ranches except as may be required by the Federal Act or regulations or by section 25-8-501.1, C.R.S., of the state act which provides that permits shall be required for housed commercial swine feeding operations. The provisions of any permit that is so required for animal or agricultural waste on farms and ranches that are not housed commercial swine feeding operations shall not be any more stringent than, and shall not contain any condition for monitoring or reporting in excess of, the minimum required by the Federal Act or regulations.

61.3(2)APPLICABILITY - STORMWATER

(a) Except as noted in sections 61.3 , discharges of stormwater as set forth in 61.3 and 61.4(3) are point sources requiring a permit.

(b) Conveyances that discharge stormwater runoff combined with municipal sewage are point sources that must obtain a permit but are not subject to the provisions of sections 61.3(2), 61.4(3), 61.8(4) and 61.9(2).

(c) The Division may not require a permit for discharges of stormwater runoff from mining operations or oil and gas exploration, production, processing or treatment operations or transmission facilities, composed entirely of flows which are from conveyances or systems of conveyances (including but not limited to pipes, conduits, ditches, and channels) used for collecting and conveying precipitation runoff and which are not contaminated by contact with or that have not come into contact with, any overburden, raw material, intermediate products, finished product, byproduct or waste products located on the site of such operations. The term "oil and gas exploration, production, processing or treatment operations or transmission facilities" does not include construction activities associated with such operations or facilities.

(d) Whether a discharge from a municipal separate storm sewer is or is not subject to regulation under this section 61.3(2) shall have no bearing on whether the owner or operator of the discharge is eligible for funding under Title II, Title III or Title VI of the Clean Water Act.

(e) Stormwater Discharges for Which a Permit is Required - Phase l: The following discharges composed entirely of stormwater are required to obtain a permit.

(i) A discharge with respect to which a permit has been issued prior to February 4, 1987;

(ii) A stormwater discharge associated with industrial activity.

(A) "Stormwater discharge associated with industrial activity" means the discharge from any conveyance which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. Except for the provision of 61.3(2)(c) that addresses construction activities associated with oil and gas operations or facilities, the term does not include discharges from facilities or activities excluded from the NPDES program under 40 C.F.R. Part 122 or the CDPS program under Regulation No. 61.

(B) For the categories of industries identified in subparagraphs (iii)(A) through (K) of this subsection, the term "stormwater discharge associated with industrial activity" includes, but is not limited to, stormwater discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process waste waters; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and final products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater.

(C) The term excludes areas located on plant lands separate from the plant's industrial activities, such as office buildings and accompanying parking lots, as long as the drainage from the excluded areas is not mixed with stormwater drained from the above described areas.

(D) Industrial facilities (including industrial facilities that are Federally, State, or municipally owned or operated that meet the description of the facilities listed in this paragraph (A)-(K)) include those facilities designated under the provisions of section 61.3(2)(e)(vii).

(iii) The following categories of facilities are considered to be engaging in "industrial activity" for purposes of this subsection:

(A) Facilities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 C.F.R. Subchapter N (except facilities with toxic pollutant effluent standards which are excluded under section 61.3(2)(h));

(B) Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28 (except 283 and 285) 29, 311, 32 (except 323), 33, 3441,373;

(C) Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations no longer meeting the definition of a reclamation area under 40 C.F.R. 434.11(l) because the performance bond issued to the facility by the appropriate SMCRA authority has been released, or except for areas of non-coal mining operations which have been released from applicable State or Federal reclamation requirements after December 16, 1990) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge stormwater contaminated by contact with or that has come into contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; (inactive mining operations are mining sites that are not being actively mined, but which have an identifiable owner/operator, inactive mining sites do not include sites where mining claims are being maintained prior to disturbances associated with the extraction, beneficiation, or processing of mined materials, nor sites where minimal activities are undertaken for the sole purpose of maintaining a mining claim);

(D) Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of RCRA as amended by HSWA (1984);

(E) Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this subsection) including those that are subject to regulation under Subtitle D of RCRA as amended by HSWA (1984);

(F) Facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers, salvage yards, and automobile junkyards, that are classified as Standard Industrial Classification 5015 or 5093;

(G) Steam electric power generating facilities, including coal handling sites;

(H) Transportation facilities classified as Standard Industrial Classifications 40, 41, 42 (except 4221 - 4225), 43, 44, 45, and 5171 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under paragraphs (A)-(G) or (I)-(K) of this subsection are associated with industrial activity;

(I) Treatment works treating domestic sewage or any other biosolids or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of biosolids that are located within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 C.F.R. 403 or 5 CCR 1002-63, Regulation No. 63. Not included are farm lands, domestic gardens or lands used for biosolids management where biosolids is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with Section 405 of the CWA;

(J) Construction activity, including clearing, grading and excavation, that results in the disturbance of five or more acres of total land area. Construction activity also includes the disturbance of less than five acres of total land area that is a part of a larger common plan of development or sale, if the larger common plan will ultimately disturb five acres or more; and

(K) Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, and 4221-4225 (and which are not otherwise included within categories (B)-(J)).

(iv) Any stormwater discharge associated with industrial activity from an airport, powerplant or uncontrolled sanitary landfill owned or operated by a municipality with a population of less than 100,000 is required to obtain a permit during Phase l. A stormwater discharge associated with industrial activity from any other facility described in section 61.3 that is owned or operated by such municipalities, need not obtain a permit during Phase l.

(v) A discharge associated with industrial activity from point sources which discharge through a non-municipal or non-publicly owned separate storm sewer system. The Division may issue: a single permit, with each discharger a co-permittee to a permit issued to the operator of the portion of the system that discharges into state waters; or, individual permits to each discharger of stormwater associated with industrial activity through the non-municipal conveyance system.

(A) All stormwater discharges associated with industrial activity that discharge through a stormwater discharge system that is not a municipal separate storm sewer must be covered by an individual permit, or a permit issued to the operator of the portion of the system that discharges to state waters, with each discharger to the non-municipal conveyance a co-permittee to that permit.

(B) Where there is more than one operator of a single system of such conveyances, all operators of stormwater discharges associated with industrial activity must submit applications.

(C) Any permit covering more than one operator shall identify the effluent limitations, or other permit conditions, if any, that apply to each operator.

(vi) A discharge from a large or medium municipal separate storm sewer system.

(A) The Division may either issue one system-wide permit covering all discharges from municipal separate storm sewers within a large or medium municipal storm sewer system or issue distinct permits for appropriate categories of discharges within a large or medium municipal separate storm sewer system including, but not limited to: all discharges owned or operated by the same municipality; located within the same jurisdiction; all discharges within a system that discharge to the same watershed; discharges within a system that are similar in nature; or for individual discharges from municipal separate storm sewers within the system.

(B) The operator of a discharge from a municipal separate storm sewer which is part of a large or medium municipal separate storm sewer system must either

(I) participate in a permit application (to be a permittee or a co-permittee) with one or more other operators of discharges from the large or medium municipal storm sewer system which covers all, or a portion of all, discharges from the municipal separate storm sewer system;

(II) submit a distinct permit application which only covers discharges from the municipal separate storm sewers for which the operator is responsible; or

(III) a regional authority may be responsible for submitting a permit application under the following guidelines:

(a) the regional authority together with co-applicants shall have authority over a stormwater management program that is in existence, or shall be in existence at the time Part l of the application is due;

(b) the permit applicant or co-applicants shall establish their ability to make a timely submission of Part l and Part 2 of the municipal application;

(c) each of the operators of large or medium municipal separate storm sewers that are under the purview of the designated regional authority, shall comply with the application requirements of section 61.4(3)(c).

(C) One permit application may be submitted for all or a portion of all municipal separate storm sewers within adjacent or interconnected large or medium municipal separate storm sewer systems. The Division may issue one system-wide permit covering all, or a portion of all municipal separate storm sewers in adjacent or interconnected large or medium municipal separate storm sewer systems.

(D) Permits for all or a portion of all discharges from large or medium municipal separate storm sewer systems that are issued on a system-wide, jurisdiction-wide, watershed or other basis may specify different conditions relating to different discharges covered by the permit, including different management programs for different drainage areas which contribute stormwater to the system.

(E) Co-permittees need only comply with permit conditions relating to discharges from the municipal separate storm sewer for which they are operators.

(vii) A discharge which either the Division or the EPA Regional Administrator determines to contribute to a violation of a water quality standard or is a significant contributor of pollutants to state waters. This designation may include a discharge from any conveyance or system of conveyances used for collecting and conveying stormwater runoff or a system of discharges from municipal separate storm sewers, except for those discharges from conveyances which do not require a permit under paragraph section 61.3 or irrigation return flow which is exempted from the definition of point source in this regulation.

The Division may designate discharges from municipal separate storm sewers on a system-wide or jurisdiction-wide basis. In making this determination the Division may consider the following factors:

(A) The location of the discharge with respect to state waters;

(B) The size of the discharge;

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

(D) Other relevant factors.

The Division may issue permits for designated municipal separate storm sewers that are on a system-wide basis, jurisdiction-wide basis, watershed basis or other appropriate basis, or may issue permits for individual discharges. The Division may designate discharges from municipal separate storm sewers where the Division determines that stormwater controls are needed for the discharge based on wasteload allocations that are part of total maximum daily loads (TMDLs) that address the pollutants of concern.

(f) Stormwater Discharges for which a Permit is Required - Phase II. The following discharges composed entirely of stormwater are required to be covered under a permit.

(i) A stormwater discharge associated with industrial activity from a facility that is not authorized by a general or individual permit, that is owned or operated by a municipality with a population of less than 100,000 (based on the 1990 census).

(ii) A stormwater discharge associated with small construction activity.

(A) Stormwater discharge associated with small construction activity means the discharge of stormwater from construction activities, including clearing, grading, and excavating, that result in land disturbance of equal to or greater than one acre and less than five acres. Small construction activity also includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale, if the larger common plan will ultimately disturb equal to or greater than one and less than five acres. Small construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility.

(B) The Division may waive the otherwise applicable requirements in a general permit for a stormwater discharge from a small construction activity that disturbs less than five acres where the value of the rainfall erosivity factor ("R" in the Revised Universal Soil Loss Equation) is less than five during the period of construction activity. The rainfall erosivity factor must be determined using a State Approved method. The operator or owner must certify to the Division that the construction activity will only take place during a period when the value of the rainfall erosivity factor is less than five. If unforeseeable conditions occur that are outside of the control of the applicant for a waiver, and that will extend the construction activity beyond the dates initially applied for, the owner or operator must reapply for the waiver or obtain coverage under a general permit for stormwater discharges. The waiver reapplication or permit application must be submitted within two business days after the unforeseeable condition becomes known. This waiver does not relieve the operator or owner from complying with the requirements of local agencies.

(iii) A stormwater discharge that the Division determines contributes to a violation of a water quality standard or is a significant contributor of pollutants to state waters. This designation may include a discharge from any conveyance or system of conveyances used for collecting and conveying stormwater runoff or a system of discharges from municipal separate storm sewers, except for those discharges from conveyances which do not require a permit under paragraph 61.3(2)(c) or irrigation return flow which is exempted from the definition of point source in this regulation.

The Division may designate discharges from municipal separate storm sewers on a system-wide or jurisdiction-wide basis. In making this determination the Division may consider the following factors:

(A) The location of the discharge with respect to state waters;

(B) The size of the discharge;

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

(D) Other relevant factors.

(iv) Any construction activity designated by the Division, based on the potential for contribution to a violation of a water quality standard or for significant contribution of pollutants to State waters.

(v) A discharge from a regulated small municipal separate storm sewer system (MS4).

(A) Regulated small MS4s include:

(I) Small MS4s 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).

(II) Publicly-owned systems similar to separate storm sewer systems in municipalities, such as 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, and are located in an urbanized area.

(III) Small MS4s designated by the Division, where the designation is pursuant to the following:

(a) The Division shall evaluate, at a minimum, any small MS4 located outside of an urbanized area serving a jurisdiction with a population density of at least 1,000 people per square mile and a population of at least 10,000 (based on the latest Decennial Census by the Bureau of the Census), to determine whether or not stormwater discharges from the MS4 result in or have the potential to result in exceedances of water quality standards, including impairment of designated uses, or other significant water quality impacts, including habitat and biological impacts. The evaluation shall use the following elements, at a minimum: discharge to sensitive waters; high growth or growth potential; size of population and population density; contiguity to an urbanized area; and significant contribution of pollutants to state waters. Sensitive waters, for the purposes of this section, are defined as those receiving waters that are classified by the Commission as either Aquatic Life Class 1, a Drinking Water supply, or are on the Division's most current 303(d) list (i.e., need a TMDL).

Based on this evaluation, if the Division determines that stormwater discharges from the MS4 result in or have the potential to result in exceedances of water quality standards, including impairment of designated uses, or other significant water quality impacts, including habitat and biological impacts, the Division shall designate the MS4 as a regulated small MS4 to be covered under a CDPS stormwater discharge permit. However, the MS4 may provide information to the Division on its existing stormwater quality control programs, including any that are analogous to the six minimum control measures under section 61.8 . If the Division determines that the MS4 has adequate controls for its stormwater discharges, (i.e., is already implementing the applicable portions of the six minimum measures), it will not be designated as a regulated small MS4 at that time.

Any existing small MS4 located outside of an urbanized area, serving a jurisdiction with a population density of at least 1,000 people per square mile and a population of at least 10,000, that the Division determines must be covered under a CDPS stormwater discharge permit, must have been designated by the Division prior to December 9, 2002. Population values shall be based on the most recent Decennial Bureau of the Census information available to the Division at the time that it makes such permit coverage determinations.

(b) The Division may evaluate any other small MS4s other than those described in subsections (a) and (c) of this section, in order to determine whether or not stormwater discharges from a small MS4 result in or have the potential to result in exceedances of water quality standards, including impairment of designated uses, or other significant water quality impacts, including habitat and biological impacts. The Division will place a high priority on evaluating small MS4s with a combined permanent and seasonal population (as determined by the official Census population plus the number of commercially advertised bed accommodations that will allow for an overnight stay, as listed through the chamber of commerce, or any local resort or property management companies) of over 10,000. Based on this evaluation, the Division may designate the small MS4 as a regulated small MS4 to be covered under the CDPS stormwater discharge control program at any time, as appropriate, using the elements shown in subsection (a) above.

(c) The Division shall designate any small MS4 that contributes substantially to the pollutant loadings of a physically interconnected municipal separate storm sewer that is regulated by the CDPS stormwater program as a regulated small MS4 to be covered under the CDPS stormwater discharge control program.

(d) Small MS4s may be designated by the Division based upon a petition under section 61.3(2)(g)(iv).

(e) Small MS4s may be designated by the Division based upon section 61.3(2)(f)(iii).

(f) For any small MS4 that has been evaluated as per subsections (a) or (b) above, the Division reserves the right to re-evaluate the MS4 if circumstances change or new information becomes available.

(B) The Division may waive permit coverage for a small MS4 with a population under 1,000 within the urbanized area where both of the following criteria have been met:

(I) Its discharges are not contributing substantially to the pollutant loadings of a physically interconnected regulated MS4 (see section 61.3(2)(f)(v)(A)(lll)(c));and

(II) If the small MS4 discharges any pollutant(s) that has been identified as a cause of impairment of any water body to which it discharges, stormwater controls are not needed based on wasteload allocations that are part of an EPA approved or established "total maximum daily load" (TMDL) that addresses the pollutant(s) of concern.

A small MS4 waived under this section may be designated if circumstances change or new information becomes available. The Division shall review any such waivers at least once every five years, to determine whether any of the information used for granting the waiver has changed.

(g) Petitions for Permits.

(i) Any operator of a municipal separate storm sewer system may petition the Division to require a separate permit for any discharge into the municipal separate storm sewer system.

(ii) Any person may petition the Division to require a permit for a discharge which is composed entirely of stormwater which contributes to a violation of a water quality standard or is a significant contributor of pollutants to state waters.

(iii) The owner or operator of a municipal separate storm sewer system may petition the Division to reduce the Census estimates of the population served by such separate system to account for stormwater discharged to combined sewers as defined by 40 C.F.R. 35.2005(b)(11) that is treated in a publicly owned treatment works. In municipalities in which combined sewers are operated, the Census estimates of population may be reduced proportional to the fraction, based on estimated lengths, of the length of combined sewers over the sum of the length of combined sewers and municipal separate storm sewers where an applicant has submitted the permit number associated with each discharge point and a map indicating areas served by combined sewers and the location of any combined sewer overflow discharge point.

(iv) Any person may petition the Division for the designation of a large, medium or small municipal separate storm sewer system as defined in section 61.2.

(v) The Division shall make a final determination on any petition received under this section within 90 days after receiving the petition, with the exception of petitions to designate a small MS4, in which case the Division shall make a final determination on the petition within 180 days after its receipt.

(h) Discharges composed entirely of stormwater are conditionally excluded from stormwater permitting by way of not meeting the definition of "stormwater discharges associated with industrial activity" if there is "no exposure" of industrial materials and/or activities to precipitation, snowmelt and/or runoff, and the discharger satisfies the conditions in paragraphs (h)(i) through (h)(iv) of this section. "No exposure" means that all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to precipitation, snowmelt, and/or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product.

(i) To qualify for this exclusion, the discharger must:

(A) Provide a storm resistant shelter to protect industrial materials and activities from exposure to precipitation, snowmelt, and runoff;

(B) Complete and sign (according to section 61.4) a certification that there are no discharges of stormwater contaminated by exposure to industrial materials and activities from the entire facility, except as provided in section 61.3(2)(h)(ii);

(C) Submit the signed, updated certification to the Division once every five years;

(D) Allow the Director of the Division, the EPA Administrator, and/or their authorized representatives, upon the presentation of credentials, to inspect the facility to determine compliance with the "no exposure" conditions;

(E) Allow the Division to make any "no exposure" inspection reports available to the public upon request;

(F) For facilities that discharge through an MS4, submit a copy of the certification of "no exposure" to the MS4 operator, as well as allow inspection and public reporting by the MS4 operator, upon request; and

(G) Have adequate protection in place to assure that stormwater discharges associated with industrial activity do not occur from areas with secondary containment or that drain to a sanitary sewer.

(ii) To qualify for this exclusion, storm resistant shelter is not required for:

(A) Drums, barrels, tanks, and similar containers intended for the outdoor storage of the contained material, that are tightly sealed, provided those containers are not deteriorated and do not leak ("sealed" means banded or otherwise secured and without operational taps or valves), and are not otherwise a source of industrial pollutants;

(B) Adequately maintained vehicles used in material handling, that are not otherwise a source of industrial pollutants; and

(C) Final products, other than products that would be mobilized in stormwater discharge (e.g., rock salt).

(iii) The exclusion is subject to the following limitations:

(A) Stormwater discharges from construction activities identified in sections 61.3 and 61.3(2)(f)(ii)(A) are not eligible for this conditional exclusion.

(B) This conditional exclusion from the requirement for a CDPS permit is available on a facility-wide basis only, not for individual outfalls.

(C) If circumstances change and industrial materials or activities become exposed to precipitation, snow melt, and/or runoff, the conditions for this exclusion no longer apply. In such cases, the discharge becomes subject to enforcement for un-permitted discharge. Any conditionally excluded discharger who anticipates such a change in circumstances must apply for and obtain permit authorization prior to the change of circumstances.

(D) Notwithstanding the provisions of this paragraph, the Division retains the authority to require permit authorization (and deny this exclusion) upon making a determination that the discharge causes, has a reasonable potential to cause, or contributes to an instream excursion above an applicable water quality standard, including designated uses.

(iv) Certification. The no exposure certification requires the submission of the following information, at a minimum, to aid the Division in determining if the facility qualifies for the no exposure exclusion:

(A) The legal name, address and phone number of the discharger;

(B) The facility name and address, the county name and the latitude and longitude where the facility is located;

(C) The certification must indicate that none of the following materials or activities are, or will be in the foreseeable future, exposed to precipitation, snow melt, and/or runoff:

(I) Using, storing or cleaning industrial machinery or equipment, and areas where residuals from using, storing or cleaning industrial machinery or equipment remain and are exposed to stormwater;

(II) Materials or residuals on the ground or in stormwater inlets from spills/leaks;

(III) Materials or products from past industrial activity;

(IV) Material handling equipment (except adequately maintained vehicles);

(V) Materials or products during loading/unloading or transporting activities;

(VI) Materials or products stored outdoors (except final products intended for outside use, e.g., new cars, where exposure to stormwater does not result in the discharge of pollutants);

(VII) Materials contained in open, deteriorated or leaking storage drums, barrels, tanks, and similar containers;

(VIII) Materials or products handled/stored on roads or railways owned or maintained by the discharger;

(IX) Waste material (except waste in covered, non-leaking containers, e.g., dumpsters);

(X) Application or disposal of process wastewater (unless otherwise permitted); and

(XI) Particulate matter or visible deposits of residuals from roof stacks/vents not otherwise regulated, i.e., under an air quality control permit, and evident in the stormwater outflow;

(D) All "no exposure" certifications must include the following certification statement, and be signed in accordance with the signatory requirements of section 61.4 : "I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of "no exposure" and obtaining an exclusion from CDPS stormwater permitting; and that there are no discharges of stormwater contaminated by exposure to industrial activities or materials from the industrial facility identified in this document (except as allowed under paragraph (h)(ii) of this section). I understand that I am obligated to submit a no exposure certification form once every five years to the Division and, if requested, to the operator of the local MS4 into which this facility discharges (where applicable). I understand that I must allow the Division, or MS4 operator where the discharge is into the local MS4, to perform inspections to confirm the condition of no exposure and to make such inspection reports publicly available upon request. I understand that I must obtain coverage under a CDPS permit prior to any point source discharge of stormwater from the facility. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based upon my inquiry of the person or persons who manage the system, or those persons directly involved in gathering the information, the information submitted is to the best of my knowledge and belief true, accurate and complete. I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

61.3(3)APPLICABILITY - CONCENTRATED AQUATIC ANIMAL PRODUCTION FACILITIES

(a) Concentrated aquatic animal production facilities, as defined in this section, are point sources subject to these regulations.

(b) A concentrated aquatic animal production facility for purposes of this section is a hatchery, fish farm, or other facility which meets the criteria in Appendix C of Part 122, 40 C.F.R., or which the Division designates under paragraph (c) of this section.

(c) The Division may designate any warm or cold water aquatic animal production facility as a concentrated aquatic animal production facility upon determining that it is a significant contributor of pollution to state waters. In making such designation, the Division shall consider the location and quality of the receiving state waters; the holding, feeding, and production capacities of the facility; the quantity and nature of the pollutants reaching state waters; and any other relevant factors.

(d) A permit application shall not be required from a concentrated aquatic animal production facility designated under paragraph (c) of this section until the Division has conducted an on-site inspection of the facility and has determined that the facility should and could be regulated under these regulations.

61.3(4)APPLICABILITY - AQUACULTURE PROJECTS

(a) Discharges into aquaculture projects, as defined in this section are subject to these regulations in accordance with section 318 of the Clean Water Act and in accordance with 40 C.F.R. Part 125 , Subpart B.

(b) Aquaculture project means a defined managed water area which uses discharges of pollutants into that designated area for the maintenance or production of harvestable freshwater, estuarine, or marine plants or animals.

(c) A designated project area, for purposes of paragraph (b) of this section, is the portion of the state waters within which the permittee or permit applicant plans to confine the cultivated species, using a method or plan of operation (including but not limited to physical confinement) which, on the basis of reliable scientific evidence, is expected to ensure that specific individual organisms comprising an aquaculture crop will enjoy increased growth attributable to the discharge of pollutants, and be harvested within a defined geographic area.

61.3(5)APPLICABILITY - SILVICULTURAL ACTIVITIES

(a) Silvicultural point sources, as defined in this section, are point sources subject to these regulations.

(b) A silvicultural point source is any discernible, confined and discrete conveyance related to rock crushing, gravel washing, log sorting, or log storage facilities which are operated in connection with silvicultural activities and from which pollutants are discharged into state waters. The term does not include nonpoint source silvicultural activities such as nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance from which there is natural runoff. However, some of these activities may involve point source discharges of dredged or fill material which may require a permit under Section 404 of the Clean Water Act.

(c) Rock crushing and gravel washing facilities, for purposes of paragraph (b) of this section, are facilities which process crushed and broken stone, gravel, and riprap.

(d) Log sorting and log storage facilities, for purposes of paragraph (b) of this section, are facilities whose discharges result from the holding of unprocessed wood, for example, logs or roundwood with bark or after removal of bark, held in self-contained bodies of water (mill ponds or log ponds) or stored on land where water is applied intentionally on the logs.

5 CCR 1002-61.3

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