HomeMy WebLinkAbout20092350.tiffPermit No. CO -0001121
County: Weld
AUTHORIZATION TO DISCHARGE UNDER THE
COLORADO DISCHARGE PERMIT SYSTEM
In compliance with the provisions of the Colorado Water Quality Control Act, (25-8-101 et seq., CRS, 1973 as
amended) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.; the "Act") the
Public Service Company of Colorado, a Colorado Corporation, Fort St. Vrain Station
is authorized to discharge from the Fort St. Vrain Station located in S3, T3N, R67W and in S34 & S35, T4N,
R67W; 16805 Weld County Road 19 1/2; at 40° 14' 45" latitude North and 104 ° 52' 35" longitude West
to the South Platte River and St. Vrain Creek in accordance with effluent limitations, monitoring
requirements and other conditions set forth in Part I and II hereof. All discharges authorized herein shall be
consistent with the terms and conditions of this permit.
The applicant may demand an adjudicatory hearing within thirty (30) days of the issuance of the final permit
determination, per the Colorado Discharge Permit System Regulations, 61.7(1). Should the applicant choose to
contest any of the effluent limitations, monitoring requirements or other conditions contained herein, the
applicant must comply with Section 24-4-104 CRS and the Colorado Discharge Permit System Regulations.
Failure to contest any such effluent limitation, monitoring requirement, or other condition, constitutes consent
to the condition by the Applicant.
This permit and the authorization to discharge shall expire at midnight, July 31, 2013
Issued and Signed this 5`s day of June, 2008
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Janet Kieler, Permits Section Manager
Water Quality Control Division
PERMIT ACTIONS SUMMARY
Minor amendment I — Issued Effective Part I.A,2.a
Originally Issued and signed June 5, 2008, Effective August 1, 2008
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2009-2350
Permit No. CO -0001121
PARTI 3
A. DEFINITION OF EFFLUENT LIMITATIONS 3
1. Effluent Limitations 3
2. Compliance Schedule 7
3. Acute WET Testing-Outfall(s): 00IB and 002A 8
B. MONITORING REQUIREMENTS 10
1. Frequency and Sample Type 10
C. DEFINITIONS OF TERMS 13
D. SPECIAL REQUIREMENTS 15
1. Materials Containment Plan 15
E. GENERAL MONITORING, SAMPLING AND REPORTING REQUIREMENTS 16
L Routine Reporting of Data 16
2. Representative Sampling 17
3. Analytical and Sampling Methods for Monitoring 17
4. Records 17
5. Flow Measuring Device 18
6. Signatory and Certification Requirements 18
PART II 20
A. NOTIFICATION REQUIREMENTS 20
1. Notification to Parties 20
2. Change in Discharge 20
3. Special Notifications - Definitions 20
4. Noncompliance Notification 21
5. Other Notification Requirements 21
6. Bypass Notification 22
7. Upsets 22
8. Discharge Point 23
9. Proper Operation and Maintenance 23
10. Minimization of Adverse Impact 23
I I. Removed Substances 23
12. Submission of Incorrect or Incomplete Information 23
13. Bypass 23
14. Reduction, Loss, or Failure of Treatment Facility 24
B. RESPONSIBILITIES 24
1. Inspections and Right to Entry 24
2. Duty to Provide Information 24
3. Transfer of Ownership or Control 24
4. Availability of Reports 25
5. Modification, Suspension, Revocation, or Termination of Permits By the Division 25
6. Oil and Hazardous Substance Liability 27
7. State Laws 27
8. Permit Violations 27
9. Property Rights 27
10. Severability 28
11. Renewal Application 28
12. Confidentiality 28
13. Fees 28
14. Duration of Permit 28
15. Section 307 Toxics 28
16. Antibacksliding 28
17. Effect of Permit Issuance 29
COLORADO DISCHARGE PERMIT SYSTEM (CDPS)
RATIONALE FOR MINOR AMENDMENT NO. I
PUBLIC SERVICE COMPANY OF COLORADO, A COLORADO CORPORATION (PSCo), FORT ST VRAIN STATION
CDPS PERMIT NUMBER CO -0001121, WELD COUNTY
TABLE OF CONTENTS
L TYPE OF PERMIT 1
LL. FACILITY INFORMATION 1
III. PURPOSE OF AMENDMENT 2
I.
TYPE OF PERMIT Minor Amendment #1
II. FACILITY INFORMATION
A. Facility Type:
Fee Category:
Category Flow Range:
Annual Fee:
Amendment Fee:
B. SIC code::
C.
Legal Contact:
D. Facility Contact:
E. Facility Location:
F. Discharge Point:
Amended
Power Plants
Category 08, Subcategory 4
Process water from 1,000,000 up to 4,999,999 gpd
$9,880 (effective July 1, 2007
$2,470 (25% of Annual Fee, Minor Amendment)
4911 (Electric Services)
Steve Mills
9500 1-76
PO Box 775088
Henderson, CO 80640
(303) 628-2679
Marty Block, Plant Director
(303) 620-1313
Christine Johnston, Environmental Analyst, christine.johnston@xcelenergy.com
(720) 497-2156
Jesse Brungardt, Senior System Chemist
(303) 620-1341
16805 Weld County Road 19 7,
Platteville, CO 80651
Outfall 001 B - Discharge of treated wastewater prior to entering Goosequill Ditch
Stub, then to the Jay Thomas Ditch leading to the farm pond and ultimately to the
South Platte River via the previous Outfall 00IA; Outfall 001 B is located at 40"
14' 55.1" latitude North and 104"52 39.3 " longitude West, which is at the same
approximate location as Outfall 002A.
Outfall 002A - Discharge of treated wastewater from the same sources as Outfall
00IB, prior to entering a drainage slough and ultimately to St. Vrain Creek;
Outfall 002A is also located at 40`14' 55.1 " latitude North and 104" 52' 39.3 "
longitude West, which is at the same approximate location as Outfall 001B.
Outfall 003A - Discharge of intake screen backwash from the South Platte River,
prior to entering the South Platte River, at 40° 14' 39.1" latitude North and 104"
51 ' 48.1" longitude West.
Outfall 004A - Discharge of intake screen backwash from St. Vrain Creek, which
is prior to entering St. Vrain Creek, at 40" 14' 52.5" latitude North and 104" 53'
0.9" longitude West.
Outfall 005A - Discharge of excess water from the raw water settling ponds for the
intake from St. Vrain Creek, prior to entering St. Vrain Creek, at 40" 14' 52.5"
latitude North and 104" 53' 0.9" longitude West.
Outfall 007A - The internal discharge point from the domestic sewage treatment
system from the last treatment unit, prior to mixing with other wastewater, at 40"
14' 46.1" latitude North and 104" 52' 27.3" longitude West.
Effective Expiration
G. Facility Flows:
HI PURPOSE OF AMENDMENT
Based on the Permit Application or Comments by the Permittee
Outfall 001B — Design Flow of 2.4 MGD
Outia11002A—Design Flow of 2.4 MGD
Outfall 003A and 004A — Daily Maximum Flow of 0.20 MGD
Ouljall 005A — No Flow Specified
Outfall 007A — Design Flow of 0.029 MGD
In a letter dated June 17, 2009, the permittee requested an extension of eleven months to complete the mixing zone
study outlined in a compliance schedule in their permit. The reason given was that the consultant was unable to
complete the study due to elevated stream flows for the month of March on St. Vrain Creek and subsequently. "missed
the 15th percentile low flow for 2009. " The permittee plans to complete the necessary fieldwork on the South Platte
River in 2009 and on St. Vrain Creek in early 2010. The original date for completion of this compliance item was July
31, 2009. The completion date under the requested extension is June 30, 2010.
IV. CHANGES MADE AS A RESULT OF AMENDMENT
The Division is aware that difficulty often occurs when timing mixing zone studies to coincide with low -flow
conditions. Frequently. unforeseeable circumstances make collection of the necessary data difficult. As a result, the
Division has amended the compliance schedule final date for submittal of mixing zone results to June 30, 2010. The
amended permit document is attached and serves as the legally enforceable document.
John Nieland
August 6, 2009
V PUBLIC NOTICE COMMENTS:
Amended Effective Expiration
PART I
Page No. 3
Permit No.: CO -0001121
PART I
A. DEFINITION OF EFFLUENT LIMITATIONS
1. Effluent Limitations
In accordance with the Water Quality Control Commission Regulations for Effluent Limitations, Section 62.4, and the
Colorado Discharge Permit System Regulations, Section 61.8(2), 5 C.C.R. 1002-61, the following narrative effluent
limitations and requirements are applicable for this facility.
a. There shall be no discharge of polychlorinated biphenyl compounds such as those commonly used for transformer
fluids.
b. The discharge of free available chlorine (FAC) and/or total residual chlorine (TRC) from any single generating unit
and/or from cooling tower blowdown must be performed under best management practices and procedures in order to
attain effective macro invertebrate control and biocide control, using low feed rates which result in compliance with
permit discharge limitations for total residual chlorine; causing no substantial increase in the FAC and/or TRC
concentrations in the discharge as compared to previous historical levels; achieve a reduction of toxicity and of biocides
to comply with WET testing requirements of the permit; and to bring about a reduction of copper corrosion problems
and copper discharge concentrations. Simultaneous multi -unit and continuous low-level chlorination is permitted.
c. There shall be no discharge of metal cleaning wastes other than to the Northwest and South evaporation ponds. The use
of the term metal cleaning wastes in this permit is intended to include, but is not limited to, wastes from heat exchanger
cleaning. There shall be no discharge from the Northwest or South evaporation ponds to State waters. The permittee
shall utilize Best Management Practices (BMPs) to ensure that the integrity of the evaporation ponds and the liners are
maintained so there is no impact to ground water.
d. There shall be no discharge of cooling tower basin cleaning wastes other than to the Northwest and South evaporation
ponds. During the cleaning of a cooling tower basin, there shall be no discharge of water this discharge shall go only to
the Northwest and South evaporation ponds, and there shall be no discharge from these evaporation ponds to State
waters. The permittee shall utilize Best Management Practices (BMPs) to ensure that the integrity of the evaporation
ponds and the liners are maintained so there is no impact to surface water or ground water.
e. The pcmiittee may land apply steam condensate water, and water from the northeast evaporation pond, as long as this is
done at an agronomic rate, meaning that there is no ponding or surface runoff of this water, and that the water is applied
at a rate where it will not move past the root zone.
f. As a BMP, the bypass flows of water from the service cooling tower and flow directly from the raw water storage ponds
in the North Yard Drain shall be managed so as to ensure that permit limitations and conditions are met, and that there
will be no, or minimized, impacts to the receiving stream(s).
g
With the exception of total chromium and total zinc for the service water cooling tower and the main cooling tower
blowdown, there shall be no detectable amounts of the 126 priority pollutants (Appendix A of 40 CFR Part 423) due to
chemicals added for cooling tower maintenance, use in boilers, or for any other purposes. Compliance with this
requirement maybe determined by reported data and/or calculations to demonstrate that the regulated pollutants are not
detectable in Outfall 00IB or 002A by the analytical methods contained in 40 CFR Part 136. Any proposed changes in
chemical usage at the facility that would potentially affect the discharge shall be submitted to the Permits Unit of the
Water Quality Control Division for a determination on whether these chemicals require review and approval prior to use.
A one-time analysis of the priority pollutants, organic chemicals, PCBs, and other chemicals indicated in the permit
renewal application is required for each five-year permit renewal. If the permittee plans to resume use of any chemicals
containing compounds of chromium or zinc, then Public Service Company must notify the Division prior to the
proposed usage in order to draft an amendment, which would include increased monitoring frequencies for total
chromium and/or total zinc.
h. Public Service Company of Colorado leases land adjoining the plant site to farmers for agricultural purposes. Plant
discharge may be used for irrigation and livestock watering prior to, or after intermingling with water in the Goosequill
Ditch, Beeman Ditch, and Jay Thomas Ditch. For situations where the farmers have dammed the ditches to allow for
diversion of water for irrigation purposes which might cause upstream flooding over the ditch walls, the Division has
PART I
Page No. 4
Permit No.: CO -0001121
determined that PSC is not required to notify the Division of this situation. However, other situations involving bypass
or upset conditions at the facility will still require notification as required by this permit.
i. Effluent Limitations for Outfall 00IB
Beginning no later than the effective date of this permit and lasting through the expiration date, the permittee is
authorized to discharge from outfall(s): 001B, discharge of treated wastewater prior to entering Goosequill Ditch
Stub, then to the Jay Thomas Ditch leading to the farm pond and ultimately to the South Platte River via Outfall
001A; Outfall 001B is located at approximately 40° 14' 55.1" latitude North and 104° 52' 39.3" longitude West.
In accordance with the Water Quality Control Commission Regulations for Effluent Limitations, Section 62.4, and the
Colorado Discharge Permit System Regulations, Section 61.8(2), 5 C.C.R. 1002-61, the permitted discharge shall not
contain effluent parameter concentrations which exceed the following limitations specified below or exceed the
specified flow limitation.
Effluent Parameter Effluent Limitations at Outfall 001 B
Maximum Concentrations
Flow, MGD
Total Suspended Solids (TSS), mg/I (Intake)
Total Suspended Solids (TSS), mg/I (Gross)
Total Suspended Solids (TSS), mg/I (Net)
Oil and Grease, mg/I
Total Chromium, µg/I
Total Zinc, µg/1
pH, s.u. (minimum -maximum)
Temperature, °C, until 01/01/11
Temperature, °C
beginning 01/01/09
beginning 01/01/11
Free Available Chlorine, mg/I
Total Residual Chlorine, mg/I
Escherichia coli, Number/100 ml
until 04/30/11
beginning 05/01/11
Potentially Dissolved Copper, µg/I
Total Recoverable Iron, µg/I
Total Mercury, µg/I
until 04/30/11
beginning 05/01/11
Whole Effluent Toxicity, Acute Lethality
Note that WET testing need only be done at one outfall (OO1B or 002A) per semi-annual basis. The permittee
shall compare the results of the WET testing to the IWC of the outfall that will be used the majority of the time
during the semi-annual timeframe.
30 -Day Average
2.4
Report
Report
30
1.7
180
890
NA
NA
NA
0.18
0.22
Report
126
Report
Report
7 -Day Average
NA
NA
NA
NA
NA
NA
NA
NA
NA
Report (MWAT)
30 (MWAT)
NA
NA
Report
252
NA
NA
Daily Maximum
Report
Report
Report
64
4.8
180
890
6.5-9
30
Report *
Report *
NA
0.24
NA
NA
Report
Report
Report NA Report
0.20 NA Report
NA NA LC50 > 100%
MWAT stands for Maximum Weekly Average Temperature
* This is a 2 -hour maximum, based upon 15 minute interval readings
See Part I.C. for Definitions
PARTI
Page No. 5
Permit No.: CO -0001121
J
Effluent Limitations for Outfall 002A
Beginning no later than the effective date of this permit and lasting through the expiration date, the permittee is
authorized to discharge from outfall(s): 002A, discharge of treated wastewater prior to entering a drainage slough
and ultimately to St. Vrain Creek; Outfall 002A is also located at approximately 40° 14' 55.1" latitude North and
104° 52' 39.3" longitude West.
In accordance with the Water Quality Control Commission Regulations for Effluent Limitations, Section 62.4, and the
Colorado Discharge Permit System Regulations, Section 61.8(2), 5 C.C.R. 1002-61, the permitted discharge shall not
contain effluent parameter concentrations which exceed the following limitations specified below or exceed the
specified flow limitation.
Effluent Parameter Effluent Limitations at Outfall 002A
Maximum Concentrations
Flow, MGD
Total Suspended Solids (TSS), mg/I (Intake)
Total Suspended Solids (TSS), mg/I (Gross)
Total Suspended Solids (TSS), mg/I (Net)
Oil and Grease, ntg/I
Total Chromium, ug/I
Total Zinc, ug/I
pH, s.u. (minimum -maximum)
Temperature, °C, until 01/01/11
Temperature, °C
beginning 01/01/09
beginning 01/01/11
Free Available Chlorine, mg/I, until 04/30/11
Total Residual Chlorine, mg/I
until 04/30/11
beginning 05/01/11
Escherichia coli, Number/100 ml
until 04/30/11
beginning 05/01/11
Potentially Dissolved Copper, µg/I
Total Recoverable Iron, µg/I
until 04/30/10
beginning 05/01/10
Total Mercury, µg/1
until 04/30/11
beginning 05/01/11
Whole Effluent Toxicity, Acute Lethality
Note that WET testing need only be done at one outfall (001B or 002A) per semi-annual basis. The permittee
shall compare the results of the WET testing to the IWC of the outfall that will be used the majority of the time
during the semi-annual timeframe.
MWAT stands for Maximum Weekly Average Temperature
* This is a 2 -hour maximum, based upon 15 minute interval readings
30 -Day Average
2.4
Report
Report
30
1.7
180
890
NA
NA
7 -Day Average
NA
NA
NA
NA
NA
NA
NA
NA
NA
Daily Maximum
Report
Report
Report
64
4.8
180
890
6.5-9
30
NA Report(MWAT) Report*
NA 30 (MWAT) Report *
0.18 NA NA
0.30
0.15
Report
126
320
5,436
1,000
Report
0.13
NA
NA
NA
Report
252
NA
NA
NA
0.30
0.16
NA
NA
386
Report
Report
NA Report
NA Report
NA LC50 > 100%
See Part LC. for Definitions
PART 1
Page No. 6
Permit No.: CO -0001121
k. Effluent Limitations at Outfalls 003A, 004A and 005A
Beginning no later than the effective date of this permit and lasting through the expiration date the permittee is
authorized to discharge from Outfalls 003A, 004A, 005A. Outfall 003A is the discharge from the trash screens at the
water supply intake from the South Platte River, which is prior to entering the South Platte River, as shown in Figures 3
and 4. Outfall 004A is the discharge from the trash screens at the water supply intake from the St. Vrain Creek, which is
prior to entering St. Vrain Creek. Outfall 005A is the discharge of excess water from the raw water settling ponds for
the intake from St. Vrain Creek, prior to entering St. Vrain Creek.
In accordance with the Water Quality Control Commission Regulations for Effluent Limitations, Section 62.4, and the
Colorado Discharge Permit System Regulations, Section 61.8(2), 5 C.C.R. 1002-61, the permitted discharge shall not
contain effluent parameter concentrations which exceed the following limitations specified below or exceed the
specified flow limitation.
The discharges from Outfalls 003A and 004A shall consist solely of St. Vrain Creek and/or South Platte River water
used for trash skimming purposes at the water intake(s). The discharge from Outfall 005 shall consist solely of overflow
water from the St. Vrain Creek intake. These discharges shall contain no pollutants in the form of heat or other
chemicals or materials other than those removed from the trash skimmer structure. No monitoring of flow or other
parameters will be required at these three outfalls.
1. Effluent Limitations at Outfall 007A
Beginning no later than the effective date of this permit and lasting through the expiration date, the permittee is
authorized to discharge from outfall(s): 007A, the internal discharge point from the domestic sewage treatment
system from the last treatment unit, prior to mixing with other wastewater, at 40° 14' 46.1" latitude North and
104° 52' 27.3" longitude West.
In accordance with the Water Quality Control Commission Regulations for Effluent Limitations, Section 62.4, and the
Colorado Discharge Permit System Regulations, Section 61.8(2), 5 C.C.R. 1002-61, the permitted discharge shall not
contain effluent parameter concentrations which exceed the following limitations specified below or exceed the
specified flow limitation.
Effluent Parameter Effluent Limitations at Outfall 007A
Maximum Concentrations
Flow, MGD
Influent BOD5, mg/1
Effluent BOD5, mg/I
BOD5, percent removal
until 04/30/1 I
beginning 05/01/11
Total Suspended Solids (TSS), mg/I
Oil and Grease, mg/I
Total Residual Chlorine, ntg/I
Fecal Coliform, Number/100 nil
until 04/30/11
Escherichia coli, Number/100 ml
until 04/30/11
beginning 05/01/11
See Part I.C. for Definitions
30 -Day Average
0.029
Report
30
NA
NA
75
NA
Report
6,000
Report
2000
7 -Day Average
NA
Report
45
Daily Maximum
Report
NA
NA
NA Report
NA 85% minimum
I10 NA
NA 10
NA Report
12000 NA
Report NA
4000 NA
PART I
Page No. 7
Permit No.: CO -0001121
m. Effluent Limitations at Outfall MON1
Beginning no later than the effective date of this permit and lasting through the expiration date, the permittee is
authorized to discharge from outfall(s): MON1, at the same location as Outfall 001B or Outfall 002A.
In accordance with the Water Quality Control Commission Regulations for Effluent Limitations, Section 62.4, and the
Colorado Discharge Permit System Regulations, Section 61.8(2), 5 C.C.R. 1002-61, the permitted discharge shall not
contain effluent parameter concentrations which exceed the following limitations specified below or exceed the
specified flow limitation.
Effluent Parameter Effluent Limitations at Outfall MON1
Maximum Concentrations
30 -Day Average 7 -Day Average Daily Maximum
Total Arsenic, µg/I Report NA Report
Potentially Dissolved Cadmium, µg/I Report NA Report
Dissolved Iron, µg/I Report NA Report
Potentially Dissolved Lead, µg/I Report NA Report
Potentially Dissolved Manganese, µg/I Report NA Report
Potenitally Dissolved Nickel, µg/I Report NA Report
Potentially Dissolved Selenium, µg/I Report NA Report
Potentially Dissolved Silver, µg/1 Report NA Report
Chloride, mg/1 Report NA Report
Sulfate, mg/1 Report NA Report
Total Inorganic Nitrogen, mg/I Report NA Report
Note that sampling for Outfall MON1 shall be conducted at either Outfall 001 B or 002A, as the same effluent is routed through either
outfall.
2. Compliance Schedule
All information and written reports required by the following compliance schedules should be directed to the Permits Section
for final review unless otherwise stated.
a. Mixing Zone Study
By June 30, 2010, the permittee shall collect site -specific data, perform threshold tests based on Mixing Zone
Exclusion Tables, and submit study results for discharges to both the South Platte River and to St. Vrain Creek.
b. Compliance Schedule for E. Coli, BOD5 percent removal and TRC Final Limits at Outfall 001 B, 002A and/or 007A
i. By July 31, 2009, the permittee shall submit the first year of monitoring data for these parameters including a
statement as to whether the limitations can be met without additional treatment or changes in treatment
processes. If so, the remainder of this compliance schedule with be deemed complete.
ii. By July 31, 2010, the permittee shall submit a report summarizing the progress toward compliance with the
final limitations, including steps completed, and steps yet to be taken.
iii. By July 31, 2011, the permittee shall complete construction of facilities or other appropriate actions, which will
allow the permittee to meet the E. cob, BOD5 percent removal and TRC final limitations.
PART I
Page No. 8
Permit No.: CO -000l 121
c. Compliance Schedule for Total Mercury Limits at Outfalls 00IB and 002A
i. By July 31, 2009, the permittee shall submit the first year of monitoring data, including a report that identifies
potential sources of mercury and steps needed to meet the final limitation. If no additional treatment or
treatment processes are needed to meet the limit, the remainder of this compliance schedule with be deemed
complete.
ii. By July 31, 2010, the permittee shall submit a progress report summarizing the progress in implementing the
strategies to control sources or add treatment, such that compliance with the final total mercury limitations may
be attained
iii. By July 31, 2011, the permittee shall submit study results that show compliance has been attained with the final
total mercury limitations.
d. Compliance Schedule for Total Recoverable Iron Limits at Outfalls 001B and 002A
i. By July 31, 2009, the permittee shall submit a progress report summarizing the progress in implementing the
strategies to control sources or add treatment, such that compliance with the final total recoverable iron
limitation may be attained
ii. By July 31, 2010, the permittee shall submit study results that show compliance has been attained with the
final total recoverable iron limitation.
e. Temperature Monitoring and Flow Monitoring Equipment Installation, Outfall 002A - The permittee shall install
continuous temperature monitoring and flow monitoring equipment at a point representative of the effluent
discharge (at the outfall) for the collection of temperature data.
i. By January 1, 2009, submit a report documenting that the installation of temperature and flow monitoring
equipment is complete and begin monitoring for temperature using this new equipment.
ii. By January 1, 2010, the permittee shall submit the collected temperature data, including a summary of the
MWAT and daily maximum temperatures.
ii. By January 1, 2011, the permittee shall submit the collected temperature data, including a summary of the
MWAT and daily maximum temperatures.
f. Temperature Monitoring and Flow Monitoring Equipment Installation Outfall 001B - The permittee shall install
continuous flow monitoring equipment at a point representative of the effluent discharge.
i. By July 31, 2009, submit a report documenting whether this outfall will be used in the future, or whether it will
be decommissioned. If it is, submit a timeframe for maintenance of this outfall to prepare it for discharge, and a
timeframe for installing the temperature and flow monitoring equipment. This equipment must be installed
prior to use.
g
Materials Containment Plan
i. By November 1, 2008, the permittee shall submit an update to the materials containment plan
No later than 14 calendar days following each date identified in the above schedule of compliance, the permittee shall submit
either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance
or noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement.
3. Acute WET Testin¢-Outfall(s): OO1B and 002A
a. Testing and Reporting Requirements
Tests shall be done at the frequency listed in Part I.B.I. Test results shall be reported along with the Discharge
Monitoring Report (DMR) submitted for the end of the reporting period when the sample was taken. (i.e., WET testing
results for the calendar quarter ending March 31 shall be reported with the DMR due April 28, etc.) The results shall be
submitted on the Acute Toxicity Test report form, available from the Division. Copies of these reports are to be
submitted to the Division along with the DMR.
PART I
Page No. 9
Permit No.: CO -0001121
The permittee shall conduct each acute WET test in general accordance with methods described in Methods for
Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms EPA/600/4-
90/027 or its most current edition, except as modified by the most current Division guidance document entitled
Guidelines for Conducting Whole Effluent Toxicity Tests. The permittee shall conduct an acute 48 -hour WET test
using Ceriodaohnia sp. and an acute 96 -hour WET test using fathead minnows. Acute tests will be replacement static
tests of a single effluent grab sample.
b. Failure of Test and Division Notification
An acute WET test is failed whenever the LC50, which represents an estimate of the effluent concentration which is
lethal to 50% of the test organisms in the time period prescribed by the test, is found to be less than or equal to 100%
effluent. The permittee must provide written notification of the failure of a WET test to the Division, along with a
statement as to whether the Preliminary Toxicity Incident (PTI)/Toxicity Identification Evaluation (TIE) investigation or
accelerated testing is being performed. Notification must be received by the Division within 14 calendar days of the
demonstration of acute WET in the routine required test. Demonstration for the purposes of Parts I.A.3.b., c., d. and
(0 means no later than the last day of the laboratory test.
c. Automatic Compliance Schedule Upon Failure of Test
If a routine acute WET test is failed, an automatic compliance schedule shall apply. As part of this, the permittee shall
either:
i. Proceed to conduct the PTI/TIE investigation as described in Part I.A.3.d., or
ii. Conduct accelerated testing using the single species found to be more sensitive.
If accelerated testing is being performed, the permittee shall provide written notification of the results within 14
calendar days of completion of the Pattern of Toxicity/No Toxicity demonstration. Testing will be at least once
every two weeks for up to five tests until 1) two consecutive tests fail or three of five tests fail, in which case a pattern of
toxicity has been demonstrated or, 2) two consecutive tests pass or three of five tests pass, in which case no pattern of
toxicity has been found. If no pattern of toxicity is found the toxicity episode is considered to be ended and routine
testing is to resume. If a pattern of toxicity is found, a PTI/TIE investigation is to be performed. If a pattern of toxicity
is not demonstrated but a significant level of erratic toxicity is found, the Division may require an increased frequency of
routine monitoring or some other modified approach.
d. PTI/TIE
The results of the PTI/TIE investigation are to be received by the Division within 120 days of the demonstration
of acute WET in the routine test, as defined above, or if accelerated testing is performed, the date the pattern of
toxicity is demonstrated. A status report is to be provided to the Division at the 30, 60 and 90 day points of the
PTI/TIE investigation. The Division may extend the time frame for investigation where reasonable justification exists.
A request for an extension must be made in writing and received prior to the 120 day deadline. Such request must
include a justification and supporting data for such an extension.
The permittee may use the time for investigation to conduct a PTI or move directly into the TIE. A PTI consists of a
brief search for possible sources of WET, which might reveal causes of such toxicity and appropriate corrective actions
more simply and cost effectively than a formal TIE. If the PT1 allows resolution of the WET incident, the TIE need not
necessarily be conducted. lf, however, WET is not identified or resolved during the PTI, the TIE must be conducted
within the allowed 120 day time frame.
Any permittee that is required to conduct a PTI/TIE investigation shall do so in conformance with procedures identified
in the following documents, or as subsequently updated: 1) Methods for Aquatic Toxicity Identification Evaluations
Phase I Toxicity Characterization Procedures EPA/600/6-91/003 Feb. 91 and 2) Methods for Aquatic Toxicity
Identification Evaluations, Phase II Toxicity Identification Procedures EPA/600/3-88/035 Feb. 1989.
A third document in this series is Methods for Aquatic Toxicity Identification Evaluations, Phase III Toxicity
Confirmation Procedures EPA/600/3-88/036 Feb. 1989. As indicated by the title, this procedure is intended to confirm
that the suspected toxicant is truly the toxicant. This investigation is optional.
PART I
Page No. 10
Permit No.: CO -0001121
Within 90 days of the determination of the toxicant or no later than 210 days after demonstration of toxicity, whichever
is sooner, a control program is to be developed and received by the Division. The program shall set down a method and
procedure for elimination of the toxicity to acceptable levels.
e. Request For Relief
The permittee may request relief from further investigation and testing where the toxicant has not been determined and
suitable treatment does not appear possible. In requesting such relief, the permittee shall submit material sufficient to
establish the following:
i. It has complied with terms and conditions of the permit compliance schedule for the PTI/TIE investigation and
other appropriate conditions as may have been required by the WQCD;
ii. During the period of the toxicity incident it has been in compliance with all other permit conditions, including, in
the case of a POTW, pretreatment requirements;
iii. During the period of the toxicity incident it has properly maintained and operated all facilities and systems of
treatment and control; and
iv. Despite the circumstances described in paragraphs (i) and (iii) above, the source and/or cause of toxicity could not
be located or resolved.
If deemed appropriate by the Division, the permit or the compliance schedule may be modified to revise the ongoing
monitoring and toxicity investigation requirements to avoid an unproductive expenditure of the permittee's resources,
provided that the underlying obligation to eliminate any continuing exceedance of the toxicity limit shall remain.
f. Spontaneous Disappearance
If toxicity spontaneously disappears at any time after a test failure, the permittee shall notify the Division in writing
within 14 days of a demonstration of disappearance of the toxicity. The Division may require the permittee to develop
and submit additional information, which may include, but is not limited to, the results of additional testing. If no
pattern of toxicity is identified or recurring toxicity is not identified, the toxicity incident response is considered closed
and normal WET testing shall resume.
g. Toxicity Reopener
This permit may be reopened and modified (following proper administrative procedures) to include new compliance
dates, additional or modified numerical permit limitations, a new or different compliance schedule, a change in the
whole effluent toxicity testing protocol, or any other conditions related to the control of toxicants if one or more of the
following events occur:
i. Toxicity has been demonstrated in the effluent and the permit does not contain a toxicity limitation.
ii. The PTI/TIE results indicate that the identified toxicant(s) represent pollutant(s) that may be controlled with specific
numerical limits and the permit issuing authority agrees that the control of such toxicants through numerical limits is
the most appropriate course of action.
iii. The PTI/TIE reveals other unique conditions or characteristics, which, in the opinion of the permit issuing authority,
justify the incorporation of unanticipated special conditions in the permit.
B. MONITORING REQUIREMENTS
1. Frequency and Sample Type
In order to obtain an indication of the probable compliance or noncompliance with the effluent limitations specified in Part
I.A.1, the permitter shall monitor all effluent parameters at the following frequencies. Such monitoring will begin
PART I
Page No. 11
Permit No.: CO -0001121
immediately and last for the life of the permit unless otherwise noted
Discharge Monitoring Report form (See Part I.E.)
a. Outfalls 00IB and 002A
Effluent Parameter
Flow, MGD
Total Suspended Solids (TSS), mg/I (Intake)
Total Suspended Solids (TSS), mg/I (Gross)
Total Suspended Solids (TSS), mg/I (Net)
Oil and Grease, mg/1
Total Chromium, ug/1
Total Zinc, ug/I
pH, s.u. (minimum -maximum)
Temperature, °C, through 01/01/I 1
Temperature, °C, beginning 01/01/09
Free Available Chlorine, mg/1, until 04/30/11
Total Residual Chlorine, mg/I
Escherichia coli, Number/100 ml
Potentially Dissolved Copper, gg/I
Total Recoverable Iron, µg/I
Total Mercury, pg/I
Whole Effluent Toxicity, Acute Lethality
The results of such monitoring shall be reported on the
Frequency
Continuous
2 Days/Week
2 Days/Week
2 Days/Week
2 Days/Week
Monthly
Monthly
5 Days/Week
5 Days/Week
Continuous
2 Days/Week
2 Days/Week
Weekly
Monthly
2 Days/Month
Monthly
Semi -Annually
Sample Type
Recorder
Grab
Grab
Grab
Visual *
Grab i/
Grab i/
Grab i/
Grab
Recorder
Grab
Grab
Grab
Grab i/
Grab
Grab i/
Grab
* If a visible sheen is noted, a grab sample shall be collected and analyzed for oil and grease. The results are to be reported on the
DMR under parameter 03582.
i/ This parameter is subject to "Noncompliance Notification" requirements of Part II.A.4.b.(4) of this permit for
violations of the Daily Maximum limitation for this parameter
The 30 -day average flows will be calculated as an average of the daily average flows.
Continuous is defined as data collected every I5 minutes. If there is a failure in this equipment, grab sampling every 4
hours may be conducted for up to 5 working days following the failure of equipment.
Self -monitoring sampling by the permitter for compliance with the monitoring requirements specified above shall be
performed at the following location(s): Outfall 001B, prior to entering Goosequill Ditch Stub, then to the Jay
Thomas Ditch leading to the farm pond and ultimately to the South Platte River via Outfall 001A and Outfall
002A, prior to entering a drainage slough and ultimately to St. Vrain Creek. Outfalls OO1B and 002A are located
at the same approximate location at 40° 14' 55.1" latitude North and 104° 52' 39.3" longitude West.
If the permittee, using the approved analytical methods, monitors any parameter more frequently than required by this
permit, then the results of such monitoring shall be included in the calculation and reporting of the values required in the
Discharge Monitoring Report Form (DMRs) or other forms as required by the Division. Such increased frequency shall
also be indicated.
See Part I.C. for Definitions
PART I
Page No. 12
Permit No.: CO -0001121
b. Outfall 007A
Effluent Parameter
Flow, MGD
Influent BOD5, mg/I
Effluent BOD5, mg/1
BOD5, percent removal
Total Suspended Solids (TSS), mg/I
Oil and Grease, mg/I
Total Residual Chlorine, mg/1
Fecal Coliform Number/100 ml, until 04/30/11
Escherichia colt, Number/100 ml
* This composite sample is defined as 4 proportioned grab samples taken at two hour intervals
Frequency
Weekly
Monthly
Monthly
Monthly
Monthly
Weekly
Weekly
Monthly
Monthly
Sample Type
Instantaneous
Composite*
Grab
Calculated
Grab
Visual
Grab
Grab
Grab
Self -monitoring sampling by the pennittee for compliance with the monitoring requirements specified above shall be
performed at the following location(s): Outfall 007A, internal discharge point from the domestic sewage treatment
system from the last treatment unit, prior to mixing with other wastewater, at 40° 14' 46.1" latitude North and
104° 52' 27.3" longitude West.
If the permittee, using the approved analytical methods, monitors any parameter more frequently than required by this
permit, then the results of such monitoring shall be included in the calculation and reporting of the values required in the
Discharge Monitoring Report Form (DMRs) or other forms as required by the Division. Such increased frequency shall
also be indicated.
c. Outfall MON
Effluent Parameter
Total Arsenic, µg/I
Potentially Dissolved Cadmium, µg/I
Dissolved Iron, µg/1
Potentially Dissolved Lead, µg/I
Potentially Dissolved Manganese, µg/I
Potenitally Dissolved Nickel, µg/I
Potentially Dissolved Selenium, µg/I
Potentially Dissolved Silver, µg/I
Chloride, mg/1
Sulfate, mg/I
Total Inorganic Nitrogen, mg/I Monthly Grab
Note that sampling for Outfall MON1 shall be conducted at either Outfall 001 B or 002A, as the same effluent is routed through either
outfall.
Frequency
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Sample Type
Grab
Grab
Grab
Grab
Grab
Grab
Grab
Grab
Grab
Grab
Self -monitoring sampling by the permittee for compliance with the monitoring requirements specified above shall be
performed at the following location(s): Outfall MON1, at the same location as Outfall 001B or Outfall 002A.
If the permittee, using the approved analytical methods, monitors any parameter more frequently than required by this
permit, then the results of such monitoring shall be included in the calculation and reporting of the values required in the
Discharge Monitoring Report Form (DMRs) or other forms as required by the Division. Such increased frequency shall
also be indicated.
PART I
Page No. 13
Permit No.: CO -0001121
d. Oil and Grease Monitoring
For oil and grease monitoring at all outfalls, in the event an oil sheen or floating oil is observed, a grab sample shall be
collected, analyzed, and reported on the appropriate DMR. In addition, corrective action shall be taken immediately to
mitigate the discharge of oil and grease. A description of the corrective action taken should be included with the DMR.
See Part I.C. for Definitions
C. DEFINITIONS OF TERMS
I. "Acute Toxicity" means there shall be no acute toxicity in the effluent from this discharge point. The acute toxicity
limitation is exceeded if I) a statistically significant difference in mortality (at the 95% confidence level) is observed for
either species between the control and any dilution less that or equal to the identified IWC or 2) a species mortality in any
dilution of effluent (including 100% effluent) exceeds 50%.
2. "Composite" sample is a minimum of four (4) grab samples collected at equally spaced two (2) hour intervals and
proportioned according to flow.
3. "Continuous" measurement, is a measurement obtained from an automatic recording device which continually measures
provides measurements.
4. "Daily Maximum limitation" means the limitation for this parameter shall be applied as an instantaneous maximum (or, for
pH or DO, instantaneous minimum) value. The instantaneous value is defined as the analytical result of any individual
sample. DMRs shall include the maximum (and/or minimum) of all instantaneous values within the calendar month. Any
instantaneous value beyond the noted daily maximum limitation for the indicated parameter shall be considered a violation of
this permit.
5. "Dissolved (D) metals fraction" is defined in the Basic Standards and Methodologies for Surface Water 1002-31, as that
portion of a water and suspended sediment sample which passed through a 0.40 or 0.45 UM (micron) membrane filter.
Determinations of "dissolved" constituents arc made using the filtrate. This may include some very small (colloidal)
suspended particles which passed through the membrane filter as well as the amount of substance present in true chemical
solution.
6. "Grab" sample, is a single "dip and take" sample so as to be representative of the parameter being monitored.
7. "In -situ" measurement is defined as a single reading, observation or measurement taken in the field at the point of discharge.
8. "Instantaneous" measurement is a single reading, observation, or measurement performed on site using existing monitoring
facilities.
9. "Maximum Weekly Average Temperature (MWAT)" is defined in the Basic Standards and Methodologies for Surface Water
1002-31, as an implementation statistic that is calculated from field monitoring data. The MWAT is calculated as the largest
mathematical mean of multiple, equally spaced, daily temperatures over a seven-day consecutive period, with a minimum of
three data points spaced equally through the day. For lakes and reservoirs, the MWAT is assumed to be equivalent to the
maximum WAT from at least three profiles distributed throughout the growing season (generally July -September)
10. "Net" limits requires monitoring at two locations — the Intake and the Gross measurement locations. The "Intake" sampling
location is at the raw water supply after the settling ponds and prior to the holding ponds. The "Gross" sampling location is
at either Outfall 00IB or 002, depending on the discharge point. Both of these values shall be reported on the Discharge
Monitoring Report form. Net values shall be calculated based on the samples collected on the same day at the Intake and
Gross sampling locations. Net values shall equal the Gross concentration minus the Intake concentration.
11. "Potentially dissolved (PD) metals fraction" is defined in the Basic Standards and Methodologies for Surface Water 1002-31,
as that portion of a constituent measured from the filtrate of a water and suspended sediment sample that was first treated
with nitric acid to a pH of 2 or less and let stand for 8 to 96 hours prior to sample filtration using a 0.40 or 0.45 -UM (micron)
membrane filter. Note the "potentially dissolved" method cannot be used where nitric acid will interfere with the analytical
procedure used for the constituent measured.
PART I
Page No. 14
Permit No.: CO -0001121
12. "Quarterly measurement frequency" means samples may be collected at any time during the calendar quarter if a continual
discharge occurs. If the discharge is intermittent, then samples shall be collected during the period that discharge occurs.
13. "Recorder" requires the continuous operation of a chart and/or totalizer (or drinking water rotor meters or pump hour meters
where previously approved.)
14. "Seven (7) day average" means, with the exception of fecal coliform or E. coil bacteria, the arithmetic mean of all samples
collected in a seven (7) consecutive day period. For fecal coliform or E. cols bacteria, it is the geometric mean of all samples
taken in a seven (7) consecutive day period. Such seven (7) day averages shall be calculated for all calendar weeks, which
are defined as beginning on Sunday and ending on Saturday. If the calendar week overlaps two months (i.e. the Sunday is in
one month and the Saturday in the following month), the seven (7) day average calculated for that calendar week shall be
associated with the month that contains the Saturday. Samples may not be used for more than one (1) reporting period. See
the following definition of "Thirty (30) day average" for more information concerning calculations involving analytical
results that are less than the method detection limit and geometric mean calculations.
15. "Thirty (30) day average" means, except for fecal coliform or E. coli bacteria, the arithmetic mean of all samples collected
during a thirty (30) consecutive -day period. For fecal coliform or E. coli bacteria, it is the geometric mean of all samples
collected in a thirty (30) day period. In the calculation of average concentrations, those analytical results that are less than
the practical quantitation limit shall be considered to be zero for the 30 -day average calculation purposes. If all individual
analytical results that would be used in the calculations are below the practical quantitation limit, then "less than x ", where x
is the practical quantitation limit, shall be reported on the monthly DMR. Otherwise, report the calculated value. Samples
shall not be used for more than one (1) reporting period.
For fecal coliform and Escherichia coil bacteria concentrations, the "thirty (30) day average" and "seven (7) day average"
shall be determined as explained, except that the geometric mean shall be used instead of the arithmetic mean. The
geometric mean may be calculated using two different methods. For the methods shown, a, b, c, d, etc. are individual sample
results, and n is the total number of samples.
Method 1:
Geometric Mean = (a*b*c*d*...) "*" - means multiply
Method 2:
Geometric Mean = antilog ( [log(a)+log(b)+log(c)+log(d)+...]/n )
Graphical methods, even though they may also employ the use of logarithms, may introduce significant error and may not be
used.
In calculating the geometric mean, for those individual sample results that are reported by the analytical laboratory to be "less
than" a numeric value, the numeric value shall be used in the calculations unless the result is "less than 2.2". If the result is
"less than 2.2", use a value of 1 in the calculations. If all individual analytical results for the month are reported to be less
than numeric values, then report "less than" the largest of those numeric values on the monthly DMR. Otherwise, report the
calculated value.
For any individual analytical result of "too numerous to count" (TNTC), that analysis shall be considered to be invalid and
another sample shall be promptly collected for analysis. If another sample cannot be collected within the same sampling
period for which the invalid sample was collected (during the same month if monthly sampling is required, during the same
week if weekly sampling is required, etc.), then the following procedures apply:
i. A minimum of two samples shall be collected for coliform analysis within the next sampling period
ii. If the sampling frequency is monthly or less frequent: For the period with the invalid sample results, leave the spaces on
the corresponding DMR for reporting coliform results empty and attach to the DMR a letter noting that a result of TNTC
was obtained for that period, and explain why another sample for that period had not been collected.
PART I
Page No. 15
Permit No.: CO -0001121
If the sampling frequency is more frequent than monthly: Eliminate the result of TNTC from any further calculations, and
use all the other results obtained within that month for reporting purposes. Attach a letter noting that a result of TNTC was
obtained, and list all individual analytical results and corresponding sampling dates for that month.
16. "Total Metals" means the concentration of metals determined on an unfiltered sample following vigorous digestion (Section
4.1.3), or the sum of the concentrations of metals in both the dissolved and suspended fractions, as described in Manual of
Methods for Chemical Analysis of Water and Wastes U.S. Environmental Protection Agency, March 1979, or its equivalent.
17. "Total Recoverable Metals" means that portion of a water and suspended sediment sample measured by the total recoverable
analytical procedure described in Methods for Chemical Analysis of Water and Wastes U.S. Environmental Protection
Agency, March 1979 or its equivalent.
18. "Twenty four (24) hour composite" sample is a combination of at least eight (8) sample aliquots of at least 100 milliliters,
collected at equally spaced intervals during the operating hours of a facility over a twenty-four (24) hour period. For volatile
pollutants, aliquots must be combined in the laboratory immediately before analysis. The composite must be flow
proportional; either the time interval between each aliquot or the volume of each aliquot must be proportional to either the
wastewater or effluent flow at the time of sampling or the total wastewater or effluent flow since the collection of the
previous aliquot. Aliquots maybe collected manually or automatically.
19. "Twice Monthly" monitoring frequency means that two samples shall be collected each calendar month on separate weeks
with at least one full week between the two sample dates. Also, there shall be at least one full week between the second
sample of a month and the first sample of the following month.
20. "Visual" observation (Outfall 007A only) is observing the discharge to check for the presence of a visible sheen or floating
oil.
21. "Water Quality Control Division" or "Division" means the state Water Quality Control Division as established in 25-8-101 et
al.)
Additional relevant definitions are found in the Colorado Water Quality Control Act, CRS §§ 25-8-101 et seq., the Colorado
Discharge Permit System Regulations, Regulation 61 (5 CCR 1002-61) and other applicable regulations.
D. SPECIAL REQUIREMENTS
1. Materials Containment Plan
Pursuant to Sections 61.8(3)(g) and (r) of the Colorado Discharge Permit System Regulations, the permittee is required to
submit a Materials Containment Plan. Such a plan was previously submitted to the Division. An update of the plan shall be
submitted to the Division within ninety (90) days after the effective date of this permit and must be implemented. The
update of the plan shall include changes in the information and procedures for the prevention and containment of spills of
materials used, processed or stored at the facility which if spilled would have a reasonable probability of having a visible or
otherwise detrimental impact on waters of the State i� 2/. The updated plan shall include, but not necessarily be limited to:
a. An updated history of the spills which have occurred in the three (3) years preceding the effective date of this permit.
The history shall include a discussion on the cause of the spills and a the preventative measures designed to eliminate
them from reoccurring;
b. An update of the reporting system which will be used to notify, at a minimum, responsible facility management, the
Division, the Environmental Protection Agency, downstream water users within 5 miles downstream of the facility, and
local health officials;
c. A description of any changes in the preventative facilities (including overall facility plot) which prevent, contain, or treat
spills and unplanned discharges;
d. A current list which includes the volumes or quantities of all materials used, processed, or stored at the facility which
represent a potential spill threat to surface waters. The location of stored material shall be indicated on the facility plot
submitted for item c;
PART I
Page No. 16
Permit No.: CO -0001121
e. An implementation schedule for additional facilities which might be required in item c, but which are not yet
operational;
f A current list of available outside contractors, agencies, or other sources which could be utilized in the event of a spill in
order to clean up its effects. If the facility is capable of handling spills in-house, this shall be documented in the plan;
g
Provision for yearly review and updating of the contingency plan, plus resubmission of the plan to the Division if
conditions and/or procedures at the facility change the original plan.
The foregoing provisions shall in no way render inapplicable those requirements imposed by Federal Water Pollution
Control Act, 33 U.S.C. § 1321, regulations promulgated thereunder, the Colorado Water Quality Control Act, and
regulations promulgated thereunder. It is recommended that this plan be prepared by a professional engineer registered in
the State of Colorado.
Nothing herein contained shall be construed as allowing any discharge to waters of the State other than through the discharge
points specifically authorized in this permit. Nothing herein contained shall be construed as excusing any liability the
permittee might have, civil or criminal, for any spill.
The submittal of a Spill Prevention Control and Countermeasure Plan (SPCC Plan) as required by 40 CFR Part 112 may
satisfy all or part of this requirement. Should additional materials exist on site which are not addressed in the SPCC Plan,
addressing those materials as per the above is required.
l/ If there is no such material present at the site, this shall be indicated in writing and submitted to the Division for review.
2/ If there is material present but the permittee feels there is not a reasonable probability of a spill impacting waters of the
State, this shall be documented in writing and submitted to the Division for review. This documentation shall include; 1)
distance to nearest surface waters, and; 2) a detailed description of any structure which prohibits the release of material
onto the ground or into a conveyance system.
E. GENERAL MONITORING, SAMPLING AND REPORTING REQUIREMENTS
1. Routine Reporting of Data
Reporting of the data gathered in compliance with Part I.B.1 shall be on a monthly basis. Reporting of all data gathered
shall comply with the requirements of Part I.E. (General Requirements). Monitoring results shall be summarized for each
calendar month and reported on Division approved discharge monitoring report (DMR) forms (EPA form 3320-1). One
form shall be mailed to the Water Quality Control Division, as indicated below, so that the DMR is received no later than the
28th day of the following month (for example, the DMR for the first calendar quarter must be received by the Division by
April 28th). If no discharge occurs during the reporting period, "No Discharge" shall be reported.
The DMR forms consist of four pages - the top "original" copy, and three attached no -carbon -required copies. After the
DMR form has been filled out and signed, the four copies must be separated and distributed as follows:
The first original signed copy of each discharge monitoring report (DMR) shall be submitted to the Division at the following
address:
Colorado Department of Public Health and Environment
Water Quality Control Division
WQCD-P-B2
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
Additional copies are for the permittee records. The Discharge Monitoring Report forms shall be filled out accurately and
completely in accordance with requirements of this permit and the instructions on the forms. They shall be signed by an
authorized person as identified in Part I.E.6.
Calculations for all limitations which require the averaging of measurements shall utilize an arithmetic mean unless
otherwise specified by the Division in the permit
PART I
Page No. 17
Permit No.: CO -0001121
2. Representative Sampling
Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored
discharge. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before
the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed
without notification to and approval by the Division.
If the permittee monitors at the point of discharge any pollutant limited by the permit more frequently than required by the
permit, using approved test procedures or as specified in the permit, the result of this monitoring shall be included in the
calculation and reporting of data to the Division.
3. Analytical and Sampling Methods for Monitoring
The permittee shall install, calibrate, use and maintain monitoring methods and equipment, including biological and indicated
pollutant monitoring methods. All sampling shall be performed by the permittee according to specified methods in 40 C.F.R.
Part 136; methods approved by EPA pursuant to 40 C.F.R. Part 136; or methods approved by the Division, in the absence of
a method specified in or approved pursuant to 40 C.F.R. part 136. The analytical method selected for a parameter shall
be the one that can measure the lowest practical quantitation limit (PQL) for that parameter unless the permit
limitation or stream standard for those parameters not limited, is within the testing range of another approved
method. When requested in writing, the Division may approve an alternative analytical procedure or any significant
modification to an approved procedure.
When the most sensitive analytical method which complies with this part, has a PQL greater than or equal to the permit limit,
the permittee shall report "less than (the PQL)," as appropriate. Such reports shall not be considered as violations of the
permit limit. The present lowest PQLs, as obtained from the State lab, for specific parameters (which have limitations that
are, in some cases, less than or equal to the PQL) arc as follows:
Effluent Characteristic POLs, ug/l
Arsenic
Cadmium
Chromium
Copper
Iron
Lead
Manganese
Mercury
Nickel
Phenols
Selenium
Silver
Zinc
1
0.06
2
5
10
1
2
0.003
3
50
1
0.5
10
These limits apply to the total recoverable or the potentially dissolved fraction of metals.
4. Records
The permittee shall establish and maintain records. Those records shall include the following:
a. The date, type, exact location, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) the analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used;
f. The results of such analyses; and
PART I
Page No. 18
Permit No.: CO -0001121
g
Any other observations which may result in an impact on the quality or quantity of the discharge as indicated in 40 CFR
122.44 (i)(1)(iii).
The permittee shall retain for a minimum of three (3) years records of all monitoring information, including all original strip
chart recordings for continuous monitoring instrumentation, all calibration and maintenance records, copies of all reports
required by this permit and records of all data used to complete the application for this permit. This period of retention shall
be extended during the course of any unresolved litigation regarding the discharge of pollutants by the permittee or when
requested by the Division or EPA.
5. Flow Measuring Device
If not already a part of the permitted facility, within ninety (90) days after the effective date of the permit, a flow measuring
device shall be installed to give representative values of effluent quantities at the respective discharge points. Unless
specifically exempted, or modified in Part 1.E.5 of this permit, a flow measuring device will be applicable at all designated
discharge points.
At the request of the Division, the permittee shall show proof of the accuracy of any flow -measuring device used in
obtaining data submitted in the monitoring report. The flow -measuring device must indicate values within ten (10) percent
of the actual flow being discharged from the facility.
6. Signatory and Certification Requirements
a. All reports and other information required by the Division, shall be signed and certified for accuracy by the permittee in
accord with the following criteria:
i) In the case of corporations, by a principal executive officer of at least the level of vice-president or his or her duly
authorized representative, if such representative is responsible for the overall operation of the facility from which
the discharge described in the form originatcs;
ii) In the case of a partnership, by a general partner;
iii) In the case of a sole proprietorship, by the proprietor;
iv) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected
official, or other duly authorized employee.
b. All reports required by permits, and other information requested by the Division shall be signed by a person as described
above or by a duly authorized representative of that person. A person is a duly authorized representative only if:
i) The authorization is made in writing by a person described above;
ii) The authorization specifies either an individual or a position having responsibility for the overall operation of the
regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent,
position of equivalent responsibility, or an individual or position having overall responsibility for environmental
matters for the company. (A duly authorized representative may thus be either a named individual or any individual
occupying a named position); and,
iii) The written authorization is submitted to the Division.
If an authorization as described in this section is no longer accurate because a different individual or position has
responsibility for the overall operation of the facility, a new authorization satisfying the requirements of this section
must be submitted to the Division prior to or together with any reports, information, or applications to be signed by an
authorized representative.
The permittee, or the duly authorized representative shall make and sign the following certification on all such
documents:
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"1 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 gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible
for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate and
complete. I am aware that there are significant penalties for submitting false infonnation, including the possibility of
fine and imprisonment for knowing violations."
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Permit No.: CO -0001121
PART II
A. NOTIFICATION REQUIREMENTS
1. Notification to Parties
All notification requirements under this section shall be directed as follows:
a. Oral Notifications, other than for spills during nonnal business hours shall be to:
Water Quality Protection Section - Industrial Compliance Program
Water Quality Control Division
Telephone: (303) 692-3500
Spills notifications at anv time and other notifications after hours shall be to:
Emergency Management Program
Laboratory and Radiation Services Division
Telephone: (877) 518-5608
b. Written notification shall be to:
Water Quality Protection Section - Industrial Compliance Program
Water Quality Control Division
Colorado Department of Public Health and Environment
WQCD-WQP-B2
QP-B2
4300 Cherry Creek Drive South
Denver, CO 80246-1530
2. Change in Discharge
The permittee shall notify the Division, in writing, of any planned physical alterations or additions to the permitted facility.
Notice is required only when:
a. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged, or;
b. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such
alteration, addition, or change may justify the application of permit conditions that are different from or absent in the
existing permit, including notification of additional use or disposal sites not reported pursuant to an approved land
application plan.
The permittee shall give advance notice to the Division of any planned changes in the permitted facility or activity which
may result in noncompliance with permit requirements.
Whenever notification of any planned physical alterations or additions to the permitted facility is required pursuant to this
section„ the permittee shall furnish the Division such plans and specifications which the Division deems reasonably
necessary to evaluate the effect on the discharge, the stream, or ground water. If the Division finds that such new or altered
discharge might be inconsistent with the conditions of the permit, the Division shall require a new or revised permit
application and shall follow the procedures specified in Sections 61.5 through 61.6, and 61.15 of the Colorado Discharge
Permit System Regulations.
3. Special Notifications - Definitions
a. Bypass: The intentional diversion of waste streams from any portion of a treatment facility.
b. Severe Property Damage: Substantial physical damage to property at the treatment facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in
the absence of a bypass. It does not mean economic loss caused by delays in production.
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c. Spill: An incident in which flows or solid materials are accidentally or unintentionally allowed to flow or escape so as to
be lost from the treatment, processing or manufacturing system which may cause or threaten pollution of state waters.
d. Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit effluent
limitations because of factors beyond the reasonable control of the permittce. An upset does not include noncompliance
to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of
preventative maintenance, or careless or improper operation.
4. Noncompliance Notification
a. lf, for any reason, the permittee does not comply with or will be unable to comply with any discharge limitations or
standards specified in this permit, the permittee shall, at a minimum, provide the Division and EPA with the following
information:
i) A description of the discharge and cause of noncompliance;
ii) The period of noncompliance, including exact dates and times and/or the anticipated time when the discharge will
return to compliance; and
Hi) Steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying discharge.
b. The permittee shall report the following circumstances orally within twenty-four (24) hours from the time the
permittee becomes aware of the circumstances, and shall mail to the Division a written report containing the information
requested in Part II.A.4 (a) within five (5) days after becoming aware of the following circumstances:
i) Circumstances leading to any noncompliance which may endanger health or the environment regardless of the cause
of the incident;
ii) Circumstances leading to any unanticipated bypass which exceeds any effluent limitations in the permit;
Hi) Circumstances leading to any upset or spill which causes an exceedance of any effluent limitation in the permit;
iv) Daily maximum violations for any of the pollutants limited by Part LA of this permit and specified as requiring 24 -
hour notification. This includes any toxic pollutant or hazardous substance or any pollutant specifically identified
as the method to control any toxic pollutant or hazardous substance.
c. The permittee shall report instances of non-compliance which are not required to be reported within 24 -hours at the time
Discharge Monitoring Reports are submitted. The reports shall contain the information listed in sub -paragraph (a) of
this section.
5. Other Notification Requirements
Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any
compliance schedule in the permit shall be submitted no later than fourteen (14) days following each scheduled date, unless
otherwise provided by the Division.
The permittee shall notify the Division, in writing, thirty (30) days in advance of a proposed transfer of permit as provided in
Part II.B.3.
The permittee's notification of all anticipated noncompliance does not stay any permit condition.
All existing manufacturing, commercial, mining, and silvicultural dischargers must notify the Division as soon as they know
or have reason to believe:
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any
toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification
levels":
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i) One hundred micrograms per liter (100 µg/l);
ii) Two hundred micrograms per liter (200 µg/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500
µg/1) for 2.4-dinitrophenol and 2-methyl-4.6-dinitrophenol; and one milligram per liter (1.0 mg/1) for antimony;
iii) Five (5) times the maximum concentration value reported for that pollutant in the permit application in accordance
with Section 6L4(2)(g).
iv) The level established by the Division in accordance with 40 C.F.R. § 122.44(f).
b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of
a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification
levels":
i) Five hundred micrograms per liter (500 µg/l);
ii) One milligram per liter (1 mg/l) for antimony; and
iii) Ten (10) times the maximum concentration value reported for that pollutant in the permit application.
iv) The level established by the Division in accordance with 40 C.F.R. § 122.44(1).
6. Bypass Notification
If the permittee knows in advance of the need for a bypass, a notice shall be submitted, at least ten days before the date of the
bypass, to the Division. The bypass shall be subject to Division approval and limitations imposed by the Division.
Violations of requirements imposed by the Division will constitute a violation of this permit.
7. Upsets
a. Effect of an Upset
An upset constitutes an affirmative defense to an action brought for noncompliance with permit effluent limitations if the
requirements of paragraph (b) of this section are met. No determination made during administrative review of claims
that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject
to judicial review.
b. Conditions Necessary for a Demonstration of Upset
A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed
contemporaneous operating logs, or other relevant evidence that:
i) An upset occurred and that the permittee can identify the specific cause(s) of the upset; and
ii) The permitted facility was at the time being properly operated and maintained; and
iii) The permittee submitted proper notice of the upset as required in Part II.A.4. of this permit (24 -hour notice); and
iv) The permittee complied with any remedial measure necessary to minimize or prevent any discharge or sludge use or
disposal in violation of this permit which has a reason able likelihood of adversely affecting human health or the
environment.
In addition to the demonstration required above, a permittee who wishes to establish the affirmative defense of upset for
a violation of effluent limitations based upon water quality standards shall also demonstrate through monitoring,
modeling or other methods that the relevant standards were achieved in the receiving water.
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c. Burden of Proof
In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof.
8. Discharge Point
Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited.
9. Proper Operation and Maintenance
The pennittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related
appurtenances) which are installed or used by the pennittee as necessary to achieve compliance with the conditions of this
permit. Proper operation and maintenance includes effective performance and adequate laboratory and process controls,
including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or
similar systems which are installed by the pennittee only when necessary to achieve compliance with the conditions of the
permit.
10. Minimization of Adverse Impact
The permittee shall take all reasonable steps to minimize or prevent any discharge of sludge use or disposal in violation of
this permit which has a reasonable likelihood of adversely affecting human health or the environment. As necessary,
accelerated or additional monitoring to determine the nature and impact of the noncomplying discharge is required.
11. Removed Substances
Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed in
accordance with applicable state and federal regulations.
For all domestic wastewater treatment works, at industrial facilities, the permittee shall dispose of sludge in accordance with
all State and Federal regulations.
12. Submission of Incorrect or Incomplete Information
Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit
application or report to the Division, the permittee shall promptly submit the relevant information which was not submitted
or any additional information needed to correct any erroneous information previously submitted.
13. Bypass
a. Bypasses are prohibited and the Division may take enforcement action against the permittee for bypass, unless:
i) The bypass is unavoidable to prevent loss of life, personal injury, or severe property damage;
ii) There were no feasible alternatives to bypass such as the use of auxiliary treatment facilities, retention of untreated
wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate
back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a
bypass which occurred during nonnal periods of equipment downtime or preventive maintenance; and
iii) Proper notices were submitted in compliance with Part II.A.4.
b. "Severe property damage" as used in this Subsection means substantial physical damage to the treatment facilities which
causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in
production.
c. The permittee may allow a bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is
for essential maintenance or to assure optimal operation. These bypasses are not subject to the provisions of paragraph
(a) above.
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d. The Division may approve an anticipated bypass, after considering adverse effects, if the Division determines that the
bypass will meet the conditions specified in paragraph (a) above.
14. Reduction, Loss, or Failure of Treatment Facility
The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the effluent limitations of
the permit. Upon reduction, loss, or failure of the treatment facility, the permittee shall, to the extent necessary to maintain
compliance with its permit, control production, control sources of wastewater, or all discharges, until the facility is restored
or an alternative method of treatment is provided. This provision also applies to power failures, unless an alternative power
source sufficient to operate the wastewater control facilities is provided.
It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions of this permit.
B. RESPONSIBILITIES
1. Inspections and Right to Entry
The permittee shall allow the Division and/or the authorized representative, upon the presentation of credentials:
a. To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are
required to be kept under the terms and conditions of this permit;
b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this
permit and to inspect any monitoring equipment or monitoring method required in the permit; and
c. To enter upon the permittee's premises in a reasonable manner and at a reasonable time to inspect and/or investigate, any
actual, suspected, or potential source of water pollution, or to ascertain compliance or non compliance with the Colorado
Water Quality Control Act or any other applicable state or federal statute or regulation or any order promulgated by the
Division. The investigation may include, but is not limited to, the following: sampling of any discharge and/or process
waters, the taking of photographs, interviewing of any person having knowledge related to the discharge permit or
alleged violation, access to any and all facilities or areas within the permittee's premises that may have any affect on the
discharge, permit, or alleged violation. Such entry is also authorized for the purpose of inspecting and copying records
required to be kept concerning any effluent source.
d. The permittee shall provide access to the Division to sample the discharge at a point after the final treatment process but
prior to the discharge mixing with state waters upon presentation of proper credentials.
In the making of such inspections, investigations, and determinations, the Division, insofar as practicable, may designate as
its authorized representatives any qualified personnel of the Department of Agriculture. The Division may also request
assistance from any other state or local agency or institution.
2. Duty to Provide Information
The permittee shall fumish to the Division, within a reasonable time, any information which the Division may request to
determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance
with this permit. The permittee shall also furnish to the Division, upon request, copies of records required to be kept by this
permit.
3. Transfer of Ownership or Control
a. Except as provided in paragraph b. of this section, a permit may be transferred by a permittee only if the permit has been
modified or revoked and reissued as provided in Section 61.8(8) of the Colorado Discharge Permit System Regulations,
to identify the new permittee and to incorporate such other requirements as may be necessary under the Federal Act.
b. A permit may be automatically transferred to a new permittee if:
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i) The current permittee notifies the Division in writing 30 days in advance of the proposed transfer date; and
ii) The notice includes a written agreement between the existing and new permittee(s) containing a specific date for
transfer of permit responsibility, coverage and liability between them; and
iii) The Division does not notify the existing permittee and the proposed new permittee of its intent to modify, or
revoke and reissue the permit.
iv) Fec requirements of the Colorado Discharge Permit System Regulations, Section 61.15, have been met.
4. Availability of Reports
Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and the Colorado Discharge
Permit System Regulations 5 CCR 1002-61, Section 61.5(4), all reports prepared in accordance with the terms of this permit
shall be available for public inspection at the offices of the Division and the Environmental Protection Agency.
The name and address of the permit applicant(s) and permittee(s), permit applications, permits and effluent data shall not be
considered confidential. Knowingly making false statement on any such report may result in the imposition of criminal
penalties as provided for in Section 309 of the Federal Clean Water Act, and Section 25-8-610 C.R.S.
5. Modification, Suspension, Revocation, or Termination of Permits By the Division
The filing of a request by the pennittee for a permit modification, revocation and reissuance, termination or a notification of
planned changes or anticipated noncompliance, does not stay any permit condition.
a. A permit may be modified, suspended, or terminated in whole or in part during its term for reasons determined by the
Division including, but not limited to, the following:
i) Violation of any terms or conditions of the permit;
ii) Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or denial of
a permit or to the establishment of terms or conditions of the pennit; or
iii) Materially false or inaccurate statements or information in the permit application or the permit.
iv) A determination that the permitted activity endangers human health or the classified or existing uses of state waters
and can only be regulated to acceptable levels by permit modifications or termination.
b. A permit may be modified in whole or in part for the following causes, provided that such modification complies with
the provisions of Section 61.10 of the Colorado Discharge Permit System Regulations:
i) There are material and substantial alterations or additions to the permitted facility or activity which occurred after
permit issuance which justify the application of permit conditions that are different or absent in the existing permit.
ii) The Division has received new information which was not available at the time of permit issuance (other than
revised regulations, guidance, or test methods) and which would have justified the application of different permit
conditions at the time of issuance. For permits issued to new sources or new dischargers, this cause includes
information derived from effluent testing required under Section 61.4(7)(e) of the Colorado Discharge Permit
System Regulations. This provision allows a modification of the permit to include conditions that are less stringent
than the existing permit only to the extent allowed under Section 61.10 of the Colorado Discharge Permit System
Regulations.
iii) The standards or regulations on which the permit was based have been changed by promulgation of amended
standards or regulations or by judicial decision after the permit was issued. Permits may be modified during their
terms for this cause only as follows:
(A) The permit condition requested to be modified was based on a promulgated effluent limitation guideline, EPA
approved water quality standard, or an effluent limitation set forth in 5 CCR 1002-62, § 62 et seq.; and
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(B) EPA has revised, withdrawn, or modified that portion of the regulation or effluent limitation guideline on which
the permit condition was based, or has approved a Commission action with respect to the water quality standard
or effluent limitation on which the permit condition was based; and
(C) The permittee requests modification after the notice of final action by which the EPA effluent limitation
guideline, water quality standard, or effluent limitation is revised, withdrawn, or modified; or
(D) For judicial decisions, a court of competent jurisdiction has remanded and stayed EPA promulgated regulations
or effluent limitation guidelines, if the remand and stay concern that portion of the regulations or guidelines on
which the permit condition was based and a request is filed by the permitter in accordance with this Regulation,
within ninety (90) days of judicial remand.
iv) The Division determines that good cause exists to modify a permit condition because of events over which the
permittee has no control and for which there is no reasonable available remedy.
v) The permittee has received a variance.
vi) When required to incorporate applicable toxic effluent limitation or standards adopted pursuant to § 307(a) of the
Federal act.
vii) When required by the reopener conditions in the permit.
viii) As necessary under 40 C.F.R. 403.8(e), to include a compliance schedule for the development of a pretreatment
program.
ix) When the level of discharge of any pollutant which is not limited in the permit exceeds the level which can be
achieved by the technology -based treatment requirements appropriate to the permittee under Section 61.8(2) of the
Colorado Discharge Permit System Regulations.
x) To establish a pollutant notification level required in Section 61.8(5) of the Colorado Discharge Permit System
Regulations.
xi) To correct technical mistakes, such as errors in calculation, or mistaken interpretations of law made in determining
permit conditions, to the extent allowed in Section 61.10 of the Colorado State Discharge Permit System
Regulations.
xii) When required by a permit condition to incorporate a land application plan for beneficial reuse of sewage sludge, to
revise an existing land application plan, or to add a land application plan.
xiii) For any other cause provided in Section 61.10 of the Colorado Discharge Permit System Regulations.
c. At the request of a permittee, the Division may modify or terminate a permit and issue a new permit if the following
conditions are met:
i) The Regional Administrator has been notified of the proposed modification or termination and does not object in
writing within thirty (30) days of receipt of notification,
ii) The Division finds that the permittee has shown reasonable grounds consistent with the Federal and State statutes
and regulations for such modifications or termination;
iii) Requirements of Section 61.15 of the Colorado Discharge Permit System Regulations have been met, and
iv) Requirements of public notice have been met.
d. Permit modification (except for minor modifications), termination or revocation and reissuance actions shall be subject
to the requirements of Sections 61.5(2), 61.5(3), 61.6, 61.7 and 61.15 of the Colorado Discharge Permit System
Regulations. The Division shall act on a permit modification request, other than minor modification requests, within
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180 days of receipt thereof. Except for minor modifications, the terms of the existing permit govern and are enforceable
until the newly issued permit is formally modified or revoked and reissued following public notice.
e. Upon consent by the permittee, the Division may make minor permit modifications without following the requirements
of Sections 61.5(2), 61.5(3), 61.7, and 61.15 of the Colorado Discharge Permit System Regulations. Minor
modifications to permits are limited to:
i) Correcting typographical errors; or
ii) Increasing the frequency of monitoring or reporting by the permittee; or
iii) Changing an interim date in a schedule of compliance, provided the new date of compliance is not more than 120
days after the date specific in the existing permit and does not interfere with attainment of the final compliance date
requirement; or
iv) Allowing for a transfer in ownership or operational control of a facility where the Division determines that no other
change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit
responsibility, coverage and liability between the current and new permittees has been submitted to the Division; or
v) Changing the construction schedule for a discharger which is a new source, but no such change shall affect a
discharger's obligation to have all pollution control equipment installed and in operation prior to discharge; or
vi) Deleting a point source outfall when the discharge from that outfall is terminated and does not result in discharge of
pollutants from other outfalls except in accordance with permit limits.
f When a permit is modified, only the conditions subject to modification are reopened. If a permit is revoked and
reissued, the entire permit is reopened and subject to revision and the permit is reissued for a new term.
g
The filing of a request by the permittee for a permit modification, revocation and reissuance or termination does not stay
any permit condition.
h. All permit modifications and reissuances are subject to the antibacksliding provisions set forth in 61.10(e) through (g).
6. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties to which the permittee is or may be subject to under Section 311 (Oil and Hazardous
Substance Liability) of the Clean Water Act.
7. State Laws
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority granted
by Section 510 of the Clean Water Act.
8. Permit Violations
Failure to comply with any terms and/or conditions of this permit shall be a violation of this permit. The discharge of any
pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of
the permit.
9. Property Rights
The issuance of this permit does not convey any property or water rights in either real or personal property, or stream flows,
or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any
infringement of Federal, State or local laws or regulations.
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10. Severability
The provisions of this permit are severable. If any provisions of this permit, or the application of any provision of this permit
to any circumstance, is held invalid, the application of such provision to other circumstances and the application of the
remainder of this permit shall not be affected.
11. Renewal Application
If the permittee desires to continue to discharge, a permit renewal application shall be submitted at least one hundred eighty
(180) days before this permit expires. If the permittee anticipates there will be no discharge after the expiration date of this
permit, the Division should be promptly notified so that it can terminate the permit in accordance with Part 11.8.5.
12. Confidentiality
Any information relating to any secret process, method of manufacture or production, or sales or marketing data which has
been declared confidential by the permittee, and which may be acquired, ascertained, or discovered, whether in any sampling
investigation, emergency investigation, or otherwise, shall not be publicly disclosed by any member, officer, or employee of
the Commission or the Division, but shall be kept confidential. Any person seeking to invoke the protection of this
Subsection (12) shall bear the burden of proving its applicability. This section shall never be interpreted as preventing full
disclosure of effluent data.
13. Fees
The permittee is required to submit payment of an annual fee as set forth in the 2005 amendments to the Water Quality
Control Act. Section 25-8-502 (I) (b), and the Colorado Discharge Permit System Regulations 5 CCR 1002-61, Section 61.15
as amended. Failure to submit the required fee when due and payable is a violation of the permit and will result in
enforcement action pursuant to Section 25-8-601 et. seq., C.R.S. 1973 as amended.
14. Duration of Permit
The duration of a permit shall be for a fixed term and shall not exceed five (5) years. Filing of a timely and complete
application shall cause the expired permit to continue in force to the effective date of the new permit. The permit's duration
may be extended only through administrative extensions and not through interim modifications.
15. Section 307 Toxics
If a toxic effluent standard or prohibition, including any applicable schedule of compliance specified, is established by
regulation pursuant to Section 307 of the Federal Act for a toxic pollutant which is present in the permittee's discharge and
such standard or prohibition is more stringent than any limitation upon such pollutant in the discharge permit, the Division
shall institute proceedings to modify or revoke and reissue the permit to conform to the toxic effluent standard or prohibition.
16. Antibacksliding
a. A permit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to Section 25-8-
503(1)(b) (BM) of the Water Quality Control Act, which are less stringent than the comparable effluent limitations or
standards in the previous permit, unless any one of the following exceptions is met and the conditions of paragraph (c)
of this section are met:
i) Material and substantial alterations or additions to the permitted facility occurred after permit issuance which justify
the application of less stringent effluent limitations; or
ii) Information is available which was not available at the time of permit issuance (other than revised regulations,
guidance, or test methods) and which would have justified the application of a less stringent effluent limitation or
standard at the time of permit issuance; or
iii) The Division determines that technical mistakes or mistaken interpretations of law were made in issuing the permit,
which justified relaxation of the effluent limitations or standards; or
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iv) A less stringent effluent limitation or standard is necessary because of events over which the permittee has no
control and for which there is not reasonable available remedy; or
v) The permittee has received a permit variance; or
vi) The permittee has installed the treatment facilities required to meet the effluent limitations in the previous permit
and has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous
effluent limitations, in which case, the limitations in the renewed, reissued, or modified permit may reflect the level
of pollutant control actually achieved (but shall not be less stringent than required by effluent guidelines in effect at
the time of permit renewal, rcissuance, or modification).
b. A permit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to 61.8(2(b) or (c)
of the Colorado Discharge Permit System Regulations that are less stringent than the comparable effluent limitations in
the previous permit, unless any of the exceptions provided herein is met and the conditions of paragraph c. of this
section are met.
i) In waters where the applicable water quality standard has not yet been attained, effluent limitations based on a total
maximum daily load or other waste load allocation may be revised to be less stringent if the cumulative effect of all
such revisions assures attainment of such water quality standard, or the designated use which is not being attained is
removed in accordance with Section 31.6 of the Basic Standards.
ii) In waters where the applicable water quality standard has been attained, effluent limitations based on a total
maximum daily load, other waste load allocation, or any other permitting standard (including any water quality
standard) may be revised to be less stringent if such revision is subject to and consistent with the antidegradation
provisions of Section 31.8 of the Basic Standards. Consistency with Section 31.8 shall be presumed if the waters in
question have been designated by the Commission as "use protected"; or
iii) Whether or not the applicable water quality standard has been attained:
(A) Material and substantial alterations or additions to the permitted facility occurred after permit issuance which
justified the application of less stringent effluent limitations; or
(B) A less stringent effluent limitation is necessary because of events over which the permittee has no control and
for which there is not reasonable available remedy; or
(C) The permittcc has received a permit variance; or
(D) The permittee has installed the treatment facilities required to meet the effluent limitations in the previous
permit and has properly operated and maintained the facilities but has nevertheless been unable to achieve the
previous effluent limitations, in which case, the limitations in the reviewed, reissued, or modified permit may
reflect the level of pollutant control actually achieved (but shall not be less stringent than required by effluent
guidelines in effect at the time of permit renewal, reissuance, or modification).
c. In no event may a permit with respect to which paragraphs (a) and (b) of this section apply be renewed, reissued, or
modified to contain an effluent limitation or standard which is less stringent than required by federal effluent guidelines
in effect at the time the permit is renewed, reissued, or modified. In no event may such a permit to discharge into state
waters be renewed, reissued, or modified to contain a less stringent effluent limitation if the implementation of such
limitation would result in a violation of an applicable water quality standard.
17. Effect of Permit Issuance
a. The issuance of a permit does not convey any property rights or any exclusive privilege.
b. The issuance of a permit does not authorize any injury to person or property or any invasion of personal rights, nor does
it authorize the infringement of federal, state, or local laws or regulations.
c. Except for any toxic effluent standard or prohibition imposed under Section 307 of the Federal act or any standard for
sewage sludge use or disposal under Section 405(d) of the Federal act, compliance with a permit during its term
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Page No. 30
Permit No.: CO -0001121
constitutes compliance, for purposes of enforcement, with Sections 301, 302, 306, 318, 403, and 405(a) and (b) of the
Federal act. However, a permit may be modified, revoked and reissued, or terminated during its term for cause as set
forth in Section 61.8(8) of the Colorado Discharge Permit System Regulations.
d. Compliance with a permit condition which implements a particular standard for sewage sludge use or disposal shall be
an affirmative defense in any enforcement action brought for a violation of that standard for sewage sludge use or
disposal.
PART H
Page No. 31
Permit No.: CO -0001121
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LI II
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Figure 1: Facility Layout
PART II
Page No. 32
Permit No.: CO -0001121
Figure 2: Water Flow Diagram
Colorado Department of Public Health and Environment
Water Quality Control Division (WQCD)
Public Notice No. CO -08-09
Denver, Colorado August 21, 2009
PUBLIC NOTICE OF TENTATIVE DISCHARGE PERMIT ACTION
Purpose. This notice states that the CDPHE intends to issue, deny, modify, revoke and reissue, terminate or reissue,
Colorado Discharge Permit System permits, pursuant to the Clean Water Act, and the Colorado Water Quality
Control Act. All permits arc subject to the U.S. Environmental Protection Agency (EPA) review.
WQCD has made tentative determinations in conjunction with EPA that limitations and conditions imposed in these
permits implement all applicable statutes and regulations and water -quality standards.
Public Comment Period. Written comments or written requests for a public meeting on the tentative determination
are to be submitted to WQCD by September 20, 2009. Also, written comments must be received by this date from
any person who believes the proposed actions have the potential to cause material injury to a water right.
Additional Information. The following information is available at the County Clerk and Recorder's office of the
county in which the proposed discharge is to occur or at the WQCD's office (contact Loretta Houk, 303-692-3531):
the draft permit, the permit application with all accompanying data; the name and address of each activity regulated
by the permit; a brief description of each applicant's activities, which result in a discharge; the name and description
of the waterway to which each discharge is made; name, address, and telephone number of the appropriate District
Engineer for the WQCD; and a description of the comments and hearing request procedures. The mailing address
for written public comments is — CDPHE, WQCD-P-B2, 4300 Cherry Creek Drive South, Denver, Colorado 80246-
1530. The website to view the public notice and drafts can be located at
www.cdphc.statr co.uti 'q ermitgl nit puhlicnyt, ec ptibliccomngnt.himl
Permit No. Applicant County
CO -0048151 City of Rifle Garfield
Regional Wastewater Reclamation Facility
Issuance — New
Drafter — Kenan Diker
Discharge — Colorado River
CO -0000591
CO -0046566
CO -0001121
CO -0001147
Resurrection Mining Co
Black Cloud Mine
Issuance— Renewal
Drafter — Randy Ogg
Discharge — Iowa Gulch
Devil's Thumb Ranch
Issuance — Renewal
Drafter — Kenan Diker
Discharge — Ranch Creek
Public Service Co of Colorado
Fort St Vrain Station
Modification — Amendment
Drafter— John Nieland
Discharge — St Vrain Creek
Suncor Energy USA Inc
Modification — Amendment
Drafter — John Nieland
Discharge — Sand Creek
Lake
Grand
Weld
Adams
Public Notice of Enforcement Settlement/Penalty Actions
Purpose of Public Notice: To solicit public comment on the July 27, 2009 Compliance Order on Consent between
the Division and City of Rocky Ford. This agreement resolves civil penalties for alleged violations of the Colorado
Water Quality Control Act, which were cited in a Notice of Violation / Cease and Desist Order (Number: DO -
061027 -1) issued to City of Rocky Ford on October 27, 2006. The City of Rocky Ford owns and operates a
domestic wastewater treatment works located in Otero County, Colorado. Division Contact: Kelly Morgan, (303)
692-3634 / kellv.morgan!a:statc.co.us.
Purpose of Public Notice: To solicit public comment on the proposed Expedited Settlement Agreement between
the Division and Steamboat Ski & Resort Corporation. This agreement will resolve civil penalties associated with
Steamboat Ski & Resort Corporation's alleged violations of the Colorado Water Quality Control Act, and/or a
permit issued pursuant to the Act, which were identified during an inspection conducted on June 4, 2008. Steamboat
Ski & Resort Corporation was involved in construction activities in Routt County, Colorado. Division Contact:
Michael Harris, (303) 692-3598 / michael.harris(dstate.co.us
Purpose of Public Notice: To solicit public comment on the August 18, 2009 Notice of Violation/ Cease and
Desist Order, Number HO -090818-1 between the Division and Seaboard Foods LLC for alleged violations of the
Colorado Water Quality Control Act. Seaboard Foods LLC owns and/or operates a Housed Commercial Swine
Feeding Operation facility in Yuma County. Division Contact: Kelly Morgan (303) 692-3634 /
kclly. nwrean'a'stalc co,u:e
Documents related to the above enforcement actions are available for public inspection at the Division. Copies of
the above actions are available upon written request to the Division. Public comments should be submitted by
September 20, 2009 and directed to CDPHE, WQCD-CADM-B2, 4300 Cherry Creek Drive South, Denver, CO
80246-1530.
TOTAL MAXIMUM DAILY LOADS SENT TO PUBLIC NOTICE ON SEPTEMBER 1, 2009 COMMENTS
DUE BY SEPTEMBER 30, 2009.
TMDLs developed under Section 303(d) of the Clean Water Act are pollutant specific and identify the available
assimilative capacity, pollutant sources, and allocate assimilative capacity among those sources. TMDLs have been
developed to address the pollutants and waterbodies indicated
Henson Creek, source to the Lake Fork of the Gunnison River, COGUUG30; cadmium, zinc
Comments will be accepted through September 30, 2009. Following the close of the public comment period, the
TMDL will be revised as appropriate and submitted to EPA for approval. TMDL submittal constitutes final agency
action. Parties may request that the Colorado Water Quality Control Commission convene an adjudicatory hearing
concerning a disputed TMDL as described in the Colorado Water Quality Management and Drinking Water
Protection Handbook, WQCC Policy #98-2.
Copies of TMDLs may be obtained from the Water Quality Control Division, 4300 Cherry Creek Drive South,
Denver, Colorado, 80246-1530. For more information, please call the Phil Hegeman at (303) 692-3518. Additional
information is available on the Division's TMDL wcbpage at
www.cdphe.state.co.us/wq/Asscssment/Assessment_unit.html.
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