HomeMy WebLinkAbout20122614.tiff STATE OF COLORADO
John W.Hickenlooper,Governor
Christopher E.Urbina,MD,MPH of•coZq
Executive Director and Chief Medical Officer 4,gnu\
Dedicated to protecting and improving the health and environment of the people of Colorado *
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4300 Cherry Creek Dr.S. Laboratory Services Division r`^'""y
Denver,Colorado 80246-1530 8100 Lowry Blvd. re75
Phone(303)692-2000 Denver,Colorado 80230-6928 Colorado Departrnent
Located in Glendale,Colorado (303)692-3090 of Public Health
http://www.cdphe.state.co.us and Environment
William F Garcia, Chair Pro tern Board of COmmissioners September 13, 2012
Weld County
PO Box 758 RECEIVED
Greeley, CO 80632
RE: Regulation 85 Nutrients Management Control Regulation St? ! tt LU i.
Data Report Requirements for MS4 Permittees WELD COUNTY
Weld County COMMISSIONERS
CDPS Cert.No. COR090037, Weld County
Dear Sir or Madam:
The Nutrients Management Control Regulation, 5 CCR 1002-85 was adopted on June 11, 2012 and contains three
requirements for MS4s owned or operated by cities, towns, counties, and city and counties. You are receiving this
notification because your jurisdiction has a certification under CDPS General Permit for Stormwater Discharges Associated
with Municipal Separate Storm Sewer Systems(MS4s), COR090000 or COR080000(Cherry Creek Basin). Please read
this letter carefully as these requirements include a deadline that your agency is required to meet. The specific regulatory
language that contains requirements applicable to your jurisdiction is included as an attachment. The entire regulation is
available on the Division's webpage: http://www.colorado.gov/cs/Satellite/CDP11E-Main/CBON/1251595703337.
Two of the requirements will be addressed when the MS4 permits are renewed and require permittees for MS4s owned or
operated by cities, towns, counties,and city and counties to develop a public education and a municipal operations program
to reduce water quality impacts associated with nitrogen and phosphorus in stormwater runoff. Also note that the
implementation date provided in Regulation 85 is July 1, 2013,which is prior to the next renewal date for most MS4
permittees. The Division intends to incorporate the nutrient requirements when permits are renewed as opposed to
reopening and modifying current permits. Because compliance with these regulatory provisions is not required until the
permit is renewed,no action is needed on behalf of your jurisdiction until the permit renewal process begins.
The third requirement of Regulation 85 requires cities, towns, counties, and city and counties with MS4 permits to develop
a Data Report and submit it to the Division by October 31,2014. These requirements are implemented directly by the
regulation and do not require a renewal or modification of the MS4 permit to be in effect. Compliance with this
requirement will require that your entity begin taking actions in the near future and the Division is therefore requesting a
response to this letter, as discussed below, to help the Division provide direction and assistance.
Part 85.6(3)(c)of the regulation includes requirements for your jurisdiction as an MS4 permittee to develop, document and
submit to the Division a Discharge Assessment Data Report(Data Report)by October 31,2014. The report must
document the availability of existing data, and include a"Gap Analysis"that identifies the need for additional information
(e.g., monitoring data or studies), in accordance with the requirements of the regulations. The regulation explicitly
authorizes collaboration between MS4 permittees to comply with these requirements.
To be clear,the above referenced MS4 permittee must submit a Data Report to the Division, by October 31,2014,
that meets the requirements of the Nutrient Control Regulation.
While this deadline is two years away, it is anticipated that the process of creating the Data Report will take that amount of
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time and permittees are strongly encouraged to participate in a collaborative effort with other permittees. For example, the
Colorado Stormwater Council is a member organization that is establishing a collaborative effort to complete the Data
Report requirement and submit one report to the Division with multiple MS4 permittees represented by the Data Report.
The Division is available for assistance and education regarding the requirements of Regulation 85. To help us determine
the potential need for such assistance, the Division is requesting that the MS4 permittee notify the Division by
December 1,2012 and indicate if and what collaborative effort the MS4 permittee is planning to participate in (e.g.,
the Colorado Stormwater Council's); or to confirm if the permittee intends to submit an individual Data Report.
(Note that this notification does not need to be certified by the legal contact and can be via email, letter,or phone.)
If you have any further questions, please contact me at(303)692-3615 or Michelle.DeLaria@state.co.us.
Sincerely,
Michelle DeLaria
Environmental Protection Specialist
Permits Section
WATER QUALITY CONTROL DIVISION
cc: MS4 Site Contacts (electronic)
File Copy
Attachment
Attachment
85.5 SPECIFIC LIMITATIONS FOR DISCHARGERS OF NUTRIENTS
The effluent limitations and stormwater management practices in this section shall be implemented in the Colorado Discharge Permit
System(CDPS)permit authorizing the discharge beginning no sooner than July 1,2013.
(4) MS4 Permit Requirements for Nutrient Source Reductions
The following requirements,at a minimum,shall be incorporated into a CDPS Permit for discharges from a Municipal
Separate Storm Sewer System(MS4)required to obtain a CDPS Permit pursuant to Regulation#61.
(a) Public education and outreach on stormwater impacts associated with nutrients.The MS4 permittee must develop,
document,and implement a public education program to reduce water quality impacts associated with nitrogen and
phosphorus in stormwater runoff and illicit discharges and distribute educational materials or equivalent outreach to
targeted sources(e.g.,residential,industrial,agricultural,or commercial)that are contributing to,or have the
potential to contribute,nutrients to the waters receiving the discharge authorized under the MS4 permit.
CDPS Permits shall authorize MS4 permittees to meet the requirements of this section through contribution to a
collaborative program to evaluate, identify,target and provide outreach that addresses sources state-wide or within
the specific region or watershed that includes the receiving waters impacted by the MS4 permittee's discharge(s).
(b) Pollution Prevention/Good Housekeeping for Municipal Operations associated with nutrients. The permittee must
develop and implement a municipal operations program that has the ultimate goal of preventing or reducing nitrogen
and phosphorus in stormwater runoff associated with the MS4 permittee's operations.
Written procedures for an operation and maintenance program to prevent or reduce nitrogen and phosphorus in
stormwater runoff associated with the MS4 permittee's operations shall be developed. The program must specifically
list the municipal operations(i.e.,activities and facilities)that are impacted by this operation and maintenance
program.
CDPS Permits shall authorize MS4 permittees to meet the requirements of this section through contribution to a
collaborative program to evaluate, identify,and target sources state-wide or within the specific region or watershed
that includes the receiving waters impacted by the MS4 permittees discharge(s).
85.6 MONITORING REQUIREMENTS
(3) Point Source Data Collection—Municipal Separate Storm Sewer System Dischargers
(a) Applicability:The requirements of this section apply to all MS4s owned or operated by cities,towns,counties,and
city and counties that are required to have a CDPS discharge permit pursuant to Regulation#61 for stormwater
discharges from a Municipal Separate Storm Sewer System(MS4)and for which coverage was obtained prior to
March 1,2012.
(b) Purpose: The purpose of this section is to identify information that exists,and the need for additional monitoring to
be conducted in the future,to determine the approximate nitrogen and phosphorus contribution to state waters due to
discharges from MS4.
(c) Discharge Assessment Data Report: The MS4 permittee shall develop,document and submit to the Division a
Discharge Assessment Data Report(Data Report)by October 31,2014,that:documents the availability of existing
data,and a"Gap Analysis"that identifies the need for additional information(e.g.,monitoring data or studies), in
accordance with the requirements of this section.
(i) Objectives: The Data Report must provide information on existing data and identify additional information
necessary that would allow for future analysis to meet all of the following objectives:
(A) Allow for the determination of representative estimates that quantify MS4 discharge flows and associated
concentrations,and loads of total nitrogen and total phosphorus from the permittee's MS4. This shall
include representative annual or seasonal information to define significant nutrient loads from different
land uses due to rainfall events,snowmelt events,and/or dry weather flows.The information used for
making the determination must be from one or more of the following sources:
1. monitoring data collected at the discharge from the MS4,at a location within the MS4,or in state
waters downstream of the discharge from the MS4;
2. monitoring data collected by one or more different entities that is shown to provide information that
supports the evaluation in(A),above;
3. land use type-based model(s)developed to predict nutrient concentrations in discharges from MS4s
that is(are)shown to provide information that supports the evaluation in(A),above;and
4. land-use type-based runoff nutrient concentration/load values in published studies,manuals,or
literature shown to provide information that supports the evaluation in(A),above.
(B) Estimates determined in accordance with(A),above:
1. are not required to be provided for individual outfalls,and may be provided for the cumulative
discharges from the MS4 to a specific receiving water(s)or watershed(s);
2. are not required to address point source discharges specifically authorized by CDPS permits other
than for discharges from an MS4;and
3. shall,as necessary to provide representative information,take into account the land uses,
imperviousness,watershed hydrology,and precipitation data and other appropriate factors within the
permitted area under the MS4 permit.
(ii) The Data Report shall document the following,at a minimum:
(A) The source(s)of the existing data, including,or providing a reference to general information available for
Division review.Where monitoring data are provided, it shall include a description of the methods used
for sample collection,field,and laboratory analysis.All existing data used to meet the requirements of
this section shall have been obtained from sources using quality assurance/quality control protocols and
standards in general accordance with accepted good monitoring and analysis procedures.
(B) For discharge data identified in the Data Report that is associated with rainfall or snowmelt events:
available documentation of associated and relevant storm event data over the contributing watershed
during the monitored event(s),including duration(in hours)of the rainfall event,and magnitude(in
inches).
(C) For receiving water monitoring data identified in the Data Report: available quantitative or qualitative
information associated with the monitoring plan or study that generated the data that determines,or could
be used to determine,the probable contributions of nitrogen and phosphorus during the monitored events
from the MS4 discharges.
(D) A summary of the Gap Analysis, including either:
1. Information to support a determination that the existing data provided in accordance with subsection
(A),above,fully or partially meets the objectives subsection in 85.6(3)(c)(i),above;and
2. Identification of the"data gaps"for which additional information is determined necessary to meet the
objectives in subsection 85.6(3)(c)(i).
(iii)Collaboration with Other MS4 Permittees:To comply with the requirements of subsection 85.6(3)(c)MS4
permittees may collaborate in the development and documentation of a report with other MS4 permittees that
identifies data and the supporting information that is shown to be meet the objectives of 85.6(3)(c)(i)for each
participating MS4.Data do not have to be collected from each MS4 so long as they are shown to be
representative of the quality of the stormwater being discharged.Data must be representative of land uses,
imperviousness,watershed hydrology,and precipitation within the area which the data are intended to represent.
(d) The Division shall notify the permittee if the Division determines that the Data Report is not adequate to meet one or
more of the requirements of this regulation. Such notification shall identify which provisions of the submittal,if any,
require modification.Within 60 days of such notification from the Division,or a later date agreed to by the Division,
the permittee shall make the required changes and re-submit the Data Report or demonstrate to the Division's
satisfaction that the requirement has been met.
(e) An MS4 permittee shall furnish to the Division,within a reasonable time, information which the Division indicates is
necessary to determine compliance with the requirements of section 85.6(3).
X.Nutrient Source Reductions at MS4s
The Commission finds that it is an appropriate initial step for MS4 permittees to be required to address nutrients through public
education and outreach and municipal operations programs. In accordance with the regulation,these requirements shall be
incorporated into the CDPS Permit for discharges from MS4s that are required to obtain a CDPS Permit pursuant to Regulation#61.
The Commission does not currently have adequate information to determine the relative contribution of nutrients from MS4 to state
waters that would support an assessment of the need for controls beyond those identified above.
Public education and outreach regarding nutrients must include identification and targeting of nitrogen and phosphorus sources that are
contributing,or have the potential to contribute,nutrients to discharges from the permitted MS4.Identification should include types of
sources for which a reduction in nutrient discharges are likely to be obtained through education,and prioritization of sources for
implementation of the education program.
The MS4 permittees' municipal operations programs should include reducing nitrogen and phosphorus sources, if any,in runoff from
municipal operations.To meet this requirement,an MS4 permittee must evaluate its operations and facilities to identify sources of
nitrogen and phosphorus discharges from the MS4 that can be controlled through implementation of structural and nonstructural
pollutant control practices.
The Commission encourages MS4 permittees to participate in collaborative efforts to evaluate,identify,target and provide outreach
that addresses types of sources state-wide or within the specific region or watershed that includes the receiving waters impacted by the
MS4 permittee's discharge(s).
This Control Regulation establishes requirements to characterize nitrogen and phosphorus contributions to state waters in discharges
from MS4s.Based on review of the information that is provided,as well as information from potential future monitoring requirements,
the Commission intends to revisit the substantive requirements for MS4s in future triennial reviews.
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