5 Colo. Code Regs. § 1002-82.7
Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-82.7 - IMPLEMENTATION AND ENFORCEMENT OF CERTIFICATIONSThe Division is authorized to utilize the following approaches to ensure that the certification is implemented and maintained:
(A) Upon receipt of information that water quality standards are being exceeded as a consequence of the Project's construction or operation, the Division, after consultation with the permittee and notification of the appropriate federal permitting agency, may modify the certification and provide a copy of such modification to the federal permitting agency.(B) Upon receipt of information indicating that one or more certification conditions have not been complied with during the construction or operation of a Project, the Division shall notify the appropriate federal permitting agency in writing and request that necessary action be taken to implement such conditions as contemplated in Section 401(D) of the Federal Act. A copy of any such notification and request shall be sent to the permittee. The Division shall remain in communication with the federal permitting agency and the permittee regarding the progress towards implementation of the conditions until satisfactory compliance has been obtained, or until the federal agency has completed enforcement action.(C) If the procedures in subsection 82.7 above are unsuccessful at implementing the certification, in addition to enforcement authorities provided under the Water Quality Control Act, the Division may initiate procedures pursuant to section 24-4-104, C.R.S., to suspend certification for a defined period of time to enable the applicant to comply with the certification conditions or submit a new certification application, or to revoke the water quality certification.(D) Temporary exceedances of water quality standards shall be deemed in compliance with applicable provisions so long as such exceedance will not be of a degree to cause conditions acutely toxic to aquatic life or to exceed standards assigned to protect a domestic drinking water supply where that is a classified use.42 CR 01, January 10, 2019, effective 1/31/2019