5 Colo. Code Regs. § 1002-81.5

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

Section 5 CCR 1002-81.5 - REQUIREMENTS - NON-PERMITTED CAFOs

(1) Performance Standards - Surface Water Protection

(a) There shall be no discharge of manure or wastewater from the production area to waters of the U.S. without a discharge permit.

(b) There shall be no discharge of manure or wastewater from the production area to surface water, except whenever precipitation causes a discharge and the production area is designed, constructed, operated, and maintained to contain all manure and wastewater, including the runoff and direct precipitation from a 25-year, 24-hour storm or Chronic Storm, whichever is greater.

(c) The discharge of manure and wastewater to waters of the U.S. from a CAFO as the result of the application of that manure or wastewater by the CAFO to a land application site is a discharge from that CAFO subject to permit requirements, except where it is an agricultural stormwater discharge. Where the manure or wastewater has been applied in accordance with the requirements of sections 81.6 (a-d), a precipitation-related discharge of manure or wastewater from the site to waters of the U.S. is an agricultural stormwater discharge.

(d) Manure and wastewater shall not be applied directly to surface water.

(2) Requirement to register with the Division - The operator of a non-permitted CAFO shall register the facility with the Division by no later than February 27, 2009 or upon being defined as a CAFO.

(a) The registration shall be submitted to the Division and include the following information about the facility:

(i) Legal name;

(ii) Names of legal owner and current operator;

(iii) Facility phone number;

(iv) Physical address;

(v) Mailing address;

(vi) County in which the facility exists;

(vii) Latitude/longitude coordinates at the entrance of the facility and source of the datum;

(viii) Maximum number and type of all animals the facility will confine in the production area;

(ix) A Standard Operating Procedure (SOP) for removal of manure from impoundments in accordance with section 81.7 , unless the facility has previously submitted a SOP; and

(x) Evidence of impoundment liner certification, unless previously submitted.

(b) At such time that any of the above information changes, the operator shall submit to the Division a revised registration by no later than 30 days after a change occurs.

(3) Discharge Reporting - The operator shall notify the Colorado Release and Incident Reporting Line at 1-877-518 -5608 of a discharge of manure or wastewater to surface water.

(a) Such notification shall be made within 24-hours after the operator becomes aware of the discharge.

(b) The notification shall describe, at minimum, the date, time, cause of the discharge, approximate volume of the discharge, the estimated length of time of the discharge, the level of wastewater in the discharging impoundment(s), and whether the discharge entered, or could enter, waters of the U.S.

(4) Fees - Non-permitted CAFOs shall pay fees in accordance with the schedule set forth in section 25-8-502 (1.1)(a)(III), C.R.S.

(a) All annual fees must be paid within 30 days of receipt of the Division's billing statement.

(b) All fees collected under this regulation shall be made payable to the Colorado Department of Public Health and Environment.

(c) Failure to pay annual fees in accordance with 25-8-502 (1.1)(a)(III) shall result in the initiation of enforcement action by the Division.

(d) The annual fee for non-permitted CAFOs shall be prorated if the following occur during a fiscal year in which a fee has been paid:

(i) Issuance of a CAFO discharge permit; or

(ii) Termination of a registration at the registrant's request with Division approval.

(A) The prorated fee for terminations shall be based on the period of time the registration is in effect for the fiscal year during which the termination is requested, except that the period of time shall not exceed 90 days from the date the registration termination request is received by the Division. Prorated amounts less than $75 will not be refunded.

(e) The administrative fee shall be applicable to all non-permitted CAFOs as of July 1, 2009, regardless of the date upon which registration with the Division is made.

5 CCR 1002-81.5

40 CR 13, July 10, 2017, effective 7/31/2017