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2008-0734
Xcel EnerSiting and Land Rights
550 15th Street, 7th Floor
Denver, CO 80202-4205
February 26, 2008
Weld County Planning Department
Hannah Hippely
Planner I
918 10th Street
Greeley, Colorado 80631
Re: USR 1647 —Xcel Energy response to referral comments
Ms. Hippely:
Xcel Energy very much appreciates the County's diligence and timeliness in the
review of the permit application. The following represents Xcel's response to the
comments received by Weld County through the referral process for USR 1647.
• Weld County Planning Department, referral response dated January 2, 2008
from Kim Ogle, Planning Manager
"The Use by Special Review Plat shall be prepared In accordance with Section
23-2-260.D and 21-3-330 of the Weld County Code. In addition to these
requirements, the plat scale shall be 1"= 20 feet, with the Vicinity Map delineated
at a scale of 1"= 2000 feet. Further, it is requested that a Legend of Symbols be
employed to call out the specific equipment associated with this facility."
Xcel Response:
Altering the scale of the plat map and vicinity maps was discussed with
County staff prior to application submittal and staff has agreed to a
modification to scale. The scale of the Vicinity Map is 1"= 1,000' which
results in greater resolution than that outlined in the code. There are
currently five sheets for the Plat Map which is presented in 1"=100' scale.
The site features are clearly depicted at this scale on the required sheet
size of 24"x 36". This scale was chosen because of the shape of the USR
and size of the facility. Going to 1"= 20' scale could necessitate a Plat
Map which requires approximately 12 —24"x36" sheets.
• EXHIBIT
• 'Per Section 23-3-350.B, the applicant shall delineate all areas associated with
outdoor storage. These areas shall be screened from adjacent properties and
public rights-of-way. The applicant shall delineate an opaque visual screen on all
sides of the property to mitigate the potential negative impact and aesthetic
concerns on surrounding properties, specifically during construction of the two
Peaker Generating Units."
Xcel Response:
We are still in the process of sequencing construction activities. It is
anticipated that the vast majority of the equipment required for this project
will be physically located on the southeast side of the existing plant site
near the existing generation facilities and internal to the approximately
2,800 acre property. Visual impacts to adjacent landowners should be
minimal and opaque visual screening unnecessary.
"Staff does request that all areas disturbed by construction activities including
pipeline placement be drilled with an appropriate seed mix to limit the potential
on-site erosionary processes. The seed mix, prepared by a
professional/consultant seed company or government agency shall be submitted
for review and approval prior to recording the USR Plat"
• Xcel Response:
Xcel will reseed areas disturbed by construction. Page 22 of the permit
application states, "For natural gas pipeline construction, all areas
disturbed by construction will be returned to pre-construction contours and
re-seeded where appropriate with a Weld County approved seed mix."
Xcel has sought advice from the CSU Extension office. The recommended
seed mix is included with this letter for your review (Attachment 1).
"Section 23-3-360 addresses Operation Standards. The applicant shall address
the issue of noise, air quality, water quality, radiation and radioactive material,
heat light, and property maintenance."
Xcel Response:
These issues are addressed in the submitted application. Noise impacts
are addressed on pages 32, 36 and 37. Di.Adams Associates conducted
a sound analysis. That analysis report is included as Appendix D of the
application. Air quality is addressed on pages 35 and 36. The Air
Pollution Emission Notices (APENs) filed with the Colorado Department of
Public Health and Environment (CDPHE), Air Pollution Control Division
are included as Appendix C of the application. In response to the APENs
filed with the CDPHE, the Air Pollution Control Division issued a
construction permit on February 6, 2008. The construction permit is
• included with this letter as Attachment 2. Water quality and water
• resources are addressed on pages 24-26, 29, 30, 35, 38, 39, 40 and 41 of
the application. Radiation and radioactive materials are discussed on
pages 14, 23, and 37 of the application.
The major heat generators at the plant are the combustion turbines. Much
of the heat generated by Units 2, 3 and 4 is captured by heat recovery
steam generators and is used to power the steam turbine (Unit 1).
Operation of the two new turbines will have no impact on ambient
temperatures at or near the property boundary of the approximately 2,800-
acre Ft. St. Vrain Generating Station.
All proposed lighting for the new turbines will comply with Section 23-3-
360(F).
Property maintenance as referenced in Section 23-3-360 refers to the
control of noxious weeds. As previously discussed, page 22 of the
application notes that areas disturbed by construction will be seeded with
a County approved seed mix. This reseeding activity will help in the
prevention of the establishment of noxious weeds for these areas. Xcel
also contracts with Wright Tree Service for annual weed control on the
plant site. The contractor uses an approved spray sterilant and routine
mowing to control weeds.
• "Section 23-3-360.F addresses the issue of on-site fighting, including security
lighting if applicable, this section, states "any lighting... shall be designed,
located and operated in such a manner as to meet the following standards:
sources of light shall be shielded so that beams or rays of light will not shine
directly onto adjacent properties...."Staff shall require a Lighting Plan
be submitted for review and approval prior to recording the USR Plat"
Xcel Response:
Xcel will submit a lighting plan that conforms to Section 23-3-360.F for the
new construction. Please note lighting additions for this project will be
minimal in the context of the overall facility. Xcel requests that the
recording of the USR Plat not be contingent upon review and approval of
the lighting plan for new construction, but noted in the Development
Standards.
Weld County Environmental Health Services, referral response dated
January 29, 2008 from Lauren Light
"2. The applicant shall submit evidence of a Colorado Discharge Permit
System (COPS) from the Water Quality Control Division of the Colorado
Department of Health and Environment for any proposed discharge into State
•
• Waterways. The CDPS that was submitted with the application expired January
31, 2007. A copy of the draft permit is acceptable."
Xcel Response:
Attached is a copy of the draft CDPS, per the request of Weld County
Environmental Health Services (Attachment 3). The permit can also be
downloaded from the Water Quality Control Division's website.
"3. The existing Colorado Discharge Permit System (COPS) must be
amended for the increased operation if the Water Quality Control Division of the
Colorado Department of Public Health & Environment determines that such a
modification represents a significant change in the discharge. Alternately, the
applicant can provide evidence from CDPH&E that a modification is not
required."
Xcel Response:
Depending on the timing of issuance of the new permit, modifications to
the wastewater system due to the installation of the combustion turbines
will be included in the existing permitting action, or an amendment to the
• permit will be submitted.
"4. In the event that 1 or more acres are disturbed during the construction and
development of this site, the applicant shall obtain a stormwater discharge
permit from the Water Quality Control Division of the Colorado Department of
Public Health and Environment"
Xcel Response:
Xcel is currently in the process of preparing a construction stormwater
permit application and the permit will be obtained and made available to
Weld County prior to commencement of construction.
"5. The applicant shall provide evidence that the facility has an adequate
potable water supply. (A letter from Central Weld Water District is sufficient)."
Xcel Response:
The Ft. St. Vrain Generating Station is an existing customer of Central
Weld Water District. Xcel is in the process of finalizing water use
estimates for Central Weld Water District. Xcel will submit evidence of
adequate water supply after coordination with Central Weld Water District.
•
"6. All septic systems located on the property shall have appropriate permits
from the Weld County Department of Public Health & Environment. The
applicant shall provide evidence of septic permit for the vault system. If the
existing septic system is not currently permitted through the Weld County
Department of Public Health & Environment, an I.S.D.S. Evaluation will be
required prior to the issuance of the required septic permit. The septic system
shall be reviewed by a Colorado Registered Professional Engineer. The review
shall consist of observation of the system and a technical review describing the
systems ability to handle the proposed hydraulic load. The review shall be
submitted to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. In the event the system is found
to be inadequate, the system must be brought into compliance with current
I.S.D.S. regulations."
Xcel Response:
In reviewing these proposed County requirements, it was discovered that
there is no septic permit for the lab vault system. Xcel has contacted the
Weld County Department of Public Health and Environment to begin
resolving this issue.
• State of Colorado, Office of the State Engineer, Water Resources Division
referral response dated January 4, 2008 from Kevin G. Rein, P.E., Chief of
Water Supply
"The applicant currently has a court approved augmentation plan for well 10
(permit no. 14522- RR) and well 11 (permit no. 14521-RR) and an approved
substitute water supply plan for well 3 (permit no. 18904-TR), well 4 (permit no.
18904-UR), well 8 (permit no. 20480-SR) and well 9 (permit no. 16860-RR). It
appears based on the attached well permits that these are the wells that the
applicant will be using to serve the power plant. According to the records
available in the State Engineer's office, it does not appear that the Applicant's
well no. 12 (permit no. 2584-F based on the applicant's court decree) is currently
augmented. Therefore, such well cannot be used until such time as a court
approved augmentation plan is approved."
Xcel Response:
The letter from the Division of Water Resources is correct. The six wells
identified in the Division's letter are the only wells that are legally available
for Fort St. Vrain, and the only wells that will be used for Fort St. Vrain.
Xcel's internal well numbering system identifies well 11 (permit no. 14521-
RR) as "Fort St. Vrain Well No. 12". Evidently, the application identified
well 11 (permit no. 14521-RR) as "Fort St. Vrain Well No. 12", and that
was the source of the confusion. We will not use well no. 12 (permit no.
•
• 2584-F), which neither has a court approved augmentation plan, nor an
approved substitute water supply plan, as a water supply for Fort St.
Vrain.
Xcel will continue to work diligently to provide Weld County with necessary
documentation to support review and approval of the Special Review Permit
application. Per conversations with County staff and given the time sensitive
circumstances associated with USR 1647, Xcel also respectfully requests that
Weld County review and issue building permits for the first phases of
construction prior to recordation of the plat. This will allow Xcel to facilitate timely
construction and operation of the project. Please contact me at 303-571-7759, or
Rick Thompson at 303-571-7284 with any questions or concerns.
Sincerely,
eZ
adt'l
Jason Manassee
Senior Agent, Siting and Land Rights
• Public Service Company of Colorado
•
• Attachment 1
Proposed Seed Mix for Areas Disturbed by
Construction
Prepared by Fred Peterson, Director Weld County
Colorado State University Extension
•
Page 1 of 1
Manassee, Jason E
From: Fred Petersen(fpetersen@co.weld.co.us]
Sent: Monday, February 25, 2008 3:18 PM
To: Manassee, Jason E
Subject: seeding recommendation
Jason,
Is this site going to remain a dryland site? If so please follow these recommendations
I would recommend a seed mix of the following for your site.
prepare site so the soil is tilled and fun=a shoe print will make a 1/4 inch indention.
drill seed into fum seedbed.
mow to control weeds at least 3x per year after emergence.
40%western wheatgrass
30%Sideoats grama
15 %prairie sandreed
15%needleandthread
These percentages should be planted as follows:
8 lbs of western wheatgrass per acre x 40%of the mixture=3.21bs/acre pure live seed.
4.51bs of Sideoats grama per acre x 30%of the mixture= 1.5 lbs/acre pure live seed.
3.5 lbs prairie sandreed per acre x 15%of the mixture= .5 lbs/acre pure live seed
7.5 lbs needleandthread per acre x 155 of the mixture= 1.5 lbs/acre pure live seed
Each of these amounts will then have to be adjusted by the purity and germination percentages of the
specific seed. For an example if the western wheatgrass is 90%purity and has a germination%age of
80 then you would adjust the 3.21bs above by dividing by the product of 90%x 80%. =
3.2 = 4.4 lbs of Western wheatgrass per acre in the mix. Each of the specific seeds in your mixture
will have a different purity and germination percentage.
.9x.8
030100:112O ed Petersen,Director
W 1`f Weld County
Ltv�r nit3' 525 N. 15th Ave.
Greeley,CO 80631
(970)304-6535 ext.2073
Extension (970)397-1567 cell
(970)351-0415 Sax
fpetersen@co.weld.co.us
•
2/25/2008
• Attachment 2
Colorado Department of Public Health and
Environment, Air Pollution Control Division,
Construction Permit, Permit No. 07WE1100,
February 6, 2008
• •
STATE OF COLORADO
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
AIR POLLUTION CONTROL DIVISION ,
TELEPHONE:(303)6923160 �a
CONSTRUCTION PERMIT
PERMIT NO: 07WE1100
INITIAL APPROVAL
DATE ISSUED: February 6, 2008
ISSUED TO: Public Service Company of Colorado
THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS:
Utilities power plant known as the Fort Saint Vrain Station,located at 16805 County Road 19
%,approximately 1.5 miles northwest of Platteville,Weld County, Colorado .
THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING:
Two (2) General Electric Simple Cycle Combustion Turbines, Model WA, Rated at 1467
• mmBtu/hr. Natural Gas Fired.
THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR
QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND
CONTROL ACT C.R.S.(25.7.101 et eeq),TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED
IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS:
1. This permit shall expire if the owner or operator does not commence construction within 18
months after either the date of issuance of the permit or the date on which such construction or
activity was scheduled to commence as set forth In the permit,whichever is later;discontinues
construction for a period of eighteen months or more;or does not complete construction within a
reasonable time of the estimated completion date. (Reference: Colorado Regulation No.3,Part
B,III.F.4.a)
Upon showing of good cause by the permittee,the Division may grant extensions of the permit not to
exceed eighteen months per extension. (Reference: Colorado Regulation No. 3,Part B,III.F.4.b)
2. The permittee shall notify the Division 30 days prior to startup.(Reference: Colorado Regulation
No. 3,Part B,III.G.1).
3. The manufacturer,model number and serial number of the subject equipment shall be provided to
the Division prior to Final Approval. (Reference: Colorado Regulation No.3,Part B,III.E.).
4. The permit number shall be marked on the subject equipment for ease of identification.
(Reference:Regulation No.3, Part B;III.E.)(State only enforceable)
•
123/0023/010&011 var.2/00
• Public Service Company of Colorado
Permit No.07WE1100
Initial Approval Colorado Department of Public Health and Environment
page 2 Air Pollution Control Division
6. Prevention of Significant Deterioration(PSD)requirements shall apply to this source at any such
time that this source becomes a major modification for PSD solely by virtue of a relaxation in any
permifcondition. Any relaxation that increases the potential to emit above the PSD significance
level will require a full PSI)review of the source as though construction had not yet commenced
on the source. The source shall not exceed the PSI)significance level until a PSD permit is
granted. (Reference:Regulation No.3, Part D,Section VI.B.4.)
6. Major stationary source requirements for non-attainment areas shall apply to this source at any
such time that this source becomes a major modification for NOx or VOC by virtue of a relaxation
in any permit condition. Any relaxation that increases the potential to emit above the significance
level for NOx or VOC will result in these sources being subject to the major stationary source
requirements In Regulation No.3,Part D, Section V. The source shall not exceed the significance
level until compliance with Regulation No.3, Part D, Section V is achieved. (Reference:
Regulation No. 3, Part O, Section V.A.7.b.)
7. Except as provided for in Condition 8,below,no owner or operator of a source shall allow or
cause the emission into the atmosphere of any air pollutant which is in excess of 20%opacity.
EPA Method 9 shall be used to measure opacity. (Reference: Colorado Regulation No. 1, Section
iI.A.1).
8. No owner or operator of a source shall allow or cause to be emitted Into the atmosphere any air
pollutant resulting from the building of a new fire,cleaning of fire boxes,soot blowing,start-up,
• process modifications or adjustment or occasional cleaning of control equipment which Is In
excess of 30%opacity for a period or periods aggregating more than six(6)minutes in any sixty
(60)consecutive minutes(Reference: Colorado Regulation No. 1,Section II.A.4).
9. This source is subject to the requirements of Reasonably Available Control Technology(RACT).
The following emission limitations shall be compiled with(Reference:Regulation No.3, Part B,
Section IIi.D.2.a.(i))
Nitrooen Oxides(NOx)
RACT for NO4 has been determined to be Advanced Dry Low NOx(DLN)Combustion Systems
with the following emission limits:
Except as provided for below,emissions of NOx shall not exceed 9 ppmvd at 15%O2,on
a 1-hr average.
During periods of combustion tuning and testing,emissions of NOx shall not exceed 100
ppmvd at 15%O2,on a 1-hr average.
Use of this NOx emission limit for purposes of combustion tuning and testing shall not
exceed 60 hours in any calendar year for both turbines combined. Records of the
number of hours each turbine undergoes combustion tuning and testing shall be recorded
and maintained and made available to the Division upon request.
Compliance with the RACT limit shall be monitored using the continuous emission monitoring
system required by Condition 18.
Startup and Shutdown Exemption for NOx Emission Limitations
Pollutant concentration limits are not applicable during startup and shutdown. However,the
emissions during startup and shutdown must be Included for determination of compliance with
quarterly/yearly limits specified in Condition 11.
•
123/0023/010&011 ver.2/00
0 Public Service Company of Colorado
Permit No.07WE1100
Initial Approval Colorado Department of Public Health and Environment
page 3 Air Pollution Control Division
'Startup' means the setting in operation of any air pollution source for any purpose. Setting in
operation for these turbines is defined as the time period between initial fuel firing to combustion
configuration Mode 6. Mode 6 refers to the condition when all six burner nozzles are being fired.
The station control system indicateawhich Mode the turbine is operating In.A record of when
Mode 6 combustion configuration is achieved is stored In the station control system.
"Shutdown' means the cessation of operation of any air pollution source for any purpose, The
cessation of operation for these turbines begins when the command signal is initiated by the
turbine operator to shutdown the unit and ends when fuel is no longer being fired in the turbine,
"Combustion Tuning and Testing"means the operation of the unit for the purpose of performing
combustion tuning and testing operations after a unit overhaul or as part of routine maintenance
operations. Combustion tuning and testing can occur throughout the range of the operating
conditions,
10. Both turbines together shall be limited to the fuel use rates as listed below and all other
activities, operational rates and numbers of equipment as stated in the application. Monthly
records of the actual consumption rate shall be maintained by the applicant and made available to
the Division for inspection upon request. (Reference: Colorado Regulation No. 3, Part B,ll.A.4)
Natural Gas consumption, in mmscf, shall not exceed the following limitations:
F
Period 14 Month of 14 2 Months of 14 3 Months 1`r 12 Months Annual
• Operation Operation of Operation of Operation (12-Month
Rolling Total)
1089 1,633,6 2,178 2,178 2,178
During the first twelve (12) months of operation, compliance with both the periodic and annual
consumption limitations shall be required. After the first twelve(12)months of operation,compliance
with only the annual limitation shall be required. Compliance with the annual consumption limits shall
be determined on a rolling twelve(12)month total.
11. Emissions of air pollutants from both turbines together shall not exceed the following limitations
(as calculated in the Division's preliminary analysis). Compliance with the annual limits shall be
determined on a rolling twelve(12) month total. By the end of each month a new twelve month
total is calculated based on the previous twelve months'data.The permit holder shall calculate
monthly emissions and keep a compliance record on site for Division review. (Reference:
Colorado Regulation No.3,Part B, II.A.4)
Emissions of air pollutants, in tons, shall not exceed the following limitations:
'
Period/ 1`�Month of 1`'2 Months l'i 3 Months 1`i 12 Months Annual
Pollutant Operation of Operation of Operation of Operation (12-Month
Rolling Total)
PM 6.65 9.97 13.3 13.3 13.3
PM10 8.65 9.97 13.3 13.3 13.3
SO2 1.85 2.77 3.7 3.7 3.7
NOx 19.95 29.93 39.9 39.9 39.9
CO L 10.0 15.0 20.0 20.0 20.0
VOC 1.15 1.73 2.3 2.3 2.3
•
123/0023/010&011 ver.2100
• Public Service Company of Colorado
Permit No.07WE1100
Initial Approval Colorado Department of Public Health and Environment
page 4 Alr Pollution Control Division
NOx and CO emission shall be determined using the CEMS required by Condition 16, SO2
emissions shall be determined using the continuous monitoring system required by 40 CFR Part 75,
as adopted by reference in Colorado Regulation No. 18. PM, PM10,and VOC emissions shall be
determined using the emission factors indicated in the permit notes. During the first twelve(12)
months of operation, compliance with both the periodic and annual emission limitations shall be
required. After the first twelve(12)months of operation,compliance with only the annual limitation
shall be required.
12. NOx emissions from all Insignificant activities associated with these turbines shall be included
in monitoring compliance with the 39.9 tons/year emission limit in Condition 11 of this permit. The
applicant shall track emissions from all NOx emitting Insignificant activities associated with these
turbines on a monthly basis and include those emissions in the daily(or periodic)and annual
emission calculations specified in Condition 11. This information shall be kept on site and made
available to the Division upon request. For the purposes of this condition,insignificant activities
shall be defined as any activity or equipment,which emits any amount but does not require an Air
Pollution Emission Notice(APEN).(Reference:Colorado Regulation No. 3, Part B Part B, ii.A.4)
13. Particulate matter emissions from each turbine shall not exceed 0.1 ib/mmBtu(Reference:
Colorado Regulation No. 1,Section III.A.1.c).
14. Each turbine is subject to Colorado Regulation No.6-Standards of Performance for New
Stationary Sources, Part B-Specific Faculties and Sources,Non-Federal NSPS,II-Standards of
• Performance for New Fuel-Burning Equipment,as follows(State-only enforceable):
a. Opacity of emissions from this unit shall not exceed 20%
b. Sulfur dioxide emissions not exceed 0.35 Ibs/mmBtu
15. The turbines are subject to the provisions in 40 CFR Part 60 Subpart KKKK,`Standards of
Performance for Stationary Gas Turbines for Which Construction is Commenced After February
18,2005,as adopted by reference in Colorado Regulation No.6, Part A,including,but not limited
to,the following.
a. Nitrogen Oxides
Concentration of Nitrogen Oxides in the turbine exhaust shall not exceed 15 ppmvd at 15
%02,on a 4-hr rolling average(40 CFR Part 60 Subpart KKKK§60.4325)
Note that the NOx emission limits are not applicable during times of startup,shutdown
and malfunction. However,those instances during startup,shutdown and malfunction
when the NOx limitation Is exceeded shall be identified in the excess emission reports
required by Condition 15.1.
Compliance with the NOx emission limits shall be monitored using the NOx continuous
emission monitoring system required by 40 CFR Part 60 Subpart KKKK§60.4340(bx1).
b. Sulfur Dioxide
The permittee must not burn in the subject stationary combustion turbine any fuel which
contains total potential sulfur emissions in excess of 0.060 lb SO2/MMBtu heat Input. If
the turbine simultaneously fires multiple fuels,each fuel must meet this requirement(40
CFR Part 60 Subpart KKKK§60.4330(a)(2)).
•
123/0023/010&011 ver.2/00
• Public Service Company of Colorado
Permit No.07WE1100
Initial Approval Colorado Department of Public Health and Environment
page 6 Air Pollution Control Division
Compliance with the fuel sulfur content limit shall be presumed when burning natural gas.
The methods specified in 40 CFR Part 60 Subpart KKKK§60.4365 shall be used to
demonstrate the natural gas meets the definition of natural gas.
c. General Requirements
The permlttee must operate end maintain the stationary combustion turbine,air pollution
control equipment,and monitoring equipment in a manner consistent with good air
pollution control practices for minimizing emissions at all times including during startup,
shutdown,and malfunction(40 CFR Part 60 Subpart KKKK§60.4333(a)).
d. Continuous Emission System Monitoring Requirements
(I) The continuous emission monitoring system(CEMS)shall meet the requirements
in§60.4345.
(II) Data from the GEMS shall be used to identify excess emissions as specified In§
60.4350.
e. Performance Testing Requirements
(I) An Initial performance test shall be conducted in accordance with the provisions
in 40 CFR Part 60 Subpart KKKK§60.4400.
(ii) As an alternative to the initial performance test methodology specified in 40 CFR
• Part 60 Subpart KKKK§60.4400,you may conduct the initial performance test as
specified in§60.4405.
f. Reporting Requirements
(I) For each affected unit required to continuously monitoring parameters or
emissions,or to periodically determine the fuel sulfur content under this subpart,
you must submit reports of excess emissions and monitor downtime In
accordance with 40 CFR Part 60 Subpart A,§60.7(c). Excess emissions must
be reported for all periods of unit operation,including start-up,shutdown and
malfunction(40 CFR Part 60 Subpart KKKK§60.4375(a)).
Note that the source is exempted from monitoring the sulfur content of the fuel as
provided for in 40 CFR Part 80 Subpart KKKK§60.4385.
(Ii) Excess emissions and monitor downtime for NOx are defined in 40 CFR Part 60
Subpart KKKK§60.4380(b).
In addition,the following requirements of Colorado Regulation No.6, Part A,Subpart A, General
Provisions,apply to this unit.
g. At all times,including periods of start-up,shutdown,and malfunction,the facility and
control equipment shall,to the extent practicable, be maintained and operated in a
manner consistent with good air pollution control practices for minimizing emissions.
Determination of whether or not acceptable operating and maintenance procedures are
being used will be based on information available to the Division,which may include,but
is not limited to,monitoring results, opacity observations, review of operating and
maintenance procedures,and Inspection of the source. (§60.11(d))
h. No article, machine, equipment or process shall be used to conceal an emission which
would otherwise constitute a violation of an applicable standard.Such concealment
includes,but Is not limited to, the use of gaseous diluents to achieve compliance with an
•
123/0023/010&011 ver.2/00
• Public Service Company of Colorado
Permit No.07WE1100
Initial Approval Colorado Department of Public Health and Environment
page a Air Pollution Control Division
opacity standard or with a standard which is based on the concentration of a pollutant in •
the gases discharged to the atmosphere. (§60.12)
I. Written notification of construction and initial startup dates shall be submitted to the
Division as required under§§60.7(a)(1)and(3).
J. Records of startups, shutdowns,and malfunctions shall be maintained,as required under
§60.7(b).
k. Written notification of continuous monitoring system demonstrations shall be submitted to
the Division as required under§60.7(a)(5).
I. Excess Emission and Monitoring System Performance Reports shall be submitted as
required under§§60.7(c)and(d). Note that excess emission reports shall be
submitted quarterly.
m. Performance tests shall be conducted as required under§60.8.
16. For each turbine,continuous emission monitoring systems(CEMs)shall be installed,calibrated,
and operated to determine and record:
a. Concentration of Oxides of Nitrogen,ppmvd hourly average,corrected to 15%O2
b. Emissions of Oxides of Nitrogen,lbs/hr,tons/month.
• c. Concentration of Carbon Monoxide, ppmvd hourly average,corrected to 15%O2.
d. Emissions of Carbon Monoxide,tons/month.
e. Operating mode-startup,shutdown and/or standard operation
f. Load,in MW,at which turbine is operating
Monthly emissions from the CEMS shall be used in twelve month rolling totals,as specified in
Condition 11,to monitor compliance with the annual emission limitations in Condition 11,
Except where noted below,the NOx and diluent(either O2 or CO2)GEMS shall meet the
applicable requirements in 40 CFR Part 76,the performance specification requirements in 40
CFR Part 76 Appendix A and the quality assurance quality control requirements in 40 CFR Part 75
Appendix B.
Except where noted blow,the CO CEMS shall meet the applicable requirements in 40 CFR Part
60 Subpart A§60.13,the performance specification requirements in 40 CFR Part 60 Appendix A
and the quality assurance/quality control requirements in 40 CFR Part 60 Appendix F.
NOx and CO CEMS data shall meet the applicable"primary equipment hourly operating
requirements"for hourly average calculation methodology specified in 40 CFR Part 75 Subpart B
§75.10(d).
For periods when quality assured data is not available from the continuous emission monitoring
systems the data replacement procedures in 40 CFR Part 76 Subpart D shall be used for
determining the total(annual)emissions. Although CO emissions are not specifically referenced
in the Subpart D procedures,the GEMS data acquisition system Is programmed to substitute CO
emissions using the same procedures specified for NOx.
•
123/0023/010&011 ver.2/00
Public Service Company of Colorado
Permit No. 07WE1100
Initial Approval Colorado Department of Public Health and Environment
page 7 Air Pollution Control Division
Note that the replaced data shall be used to monitor compliance with the NOx and CO annual
emission limitations.
17. In addition to the performance test required by Condition 16,performance tests shall be
conducted to measure the emission rate(s)for the pollutants listed below in order to demonstrate
compliance with the emission and pollutant concentration limits In the turbine exhaust.
(Reference:Regulation 3, Part B.III.G.3)
• Particulate Matter(filterable and condensable)using EPA approved Methods
Oxides of Nitrogen using EPA approved methods.
Carbon Monoxide using EPA approved methods
Volatile Organic Compounds using EPA approved methods
A stack testing protocol shall be submitted for Division approval at least thirty(30)calendar days
prior to any performance of the test required under this condition. No stack test required herein
shall be performed without prior written approval of the protocol by the Division. The Division
reserves the right to witness the test.In order to facilitate the Division's ability to make plans to
witness the test, notice of the date(s)for the stack test shall be submitted to the Division at least
thirty(30)calendar days prior to the test. The Division may for good cause shown,waive this
thirty(30)day notice requirement. In Instances when a scheduling conflict Is presented,the
Division shall immediately contact the permittee in order to explore the possibility of making
modifications to the stack test schedule.The required number of copies of the compliance test
results shall be submitted to the Division within forty-five(46)calendar days of the completion of
• the test unless a longer period is approved by the Division.
Any stack test conducted to show compliance with a quarterly or annual emission limitation shall
have the results projected up to the quarterly or annual averaging time by multiplying the test
results by the allowable number of operating hours for that averaging time.
NOTE: The emission limitations in this permit are based on each turbine operating for 738.6
hours per year at 100%load.
18. This source is subject to the provisions of Regulation No,3. Part C,Operating Permits(Title V of
the 1990 Federal Clean Air Act Amendments). The provisions of this construction permit must be
Incorporated into the operating permit. The application for the modification to the Operating
Permit is due within one year of commencing operation of the equipment covered by this permit.
(Reference: Colorado Regulation No.3,Part C, 1;1.6.2).
19. Prior to issuance of final approval,the applicant shall submit to the Division for approval an
operating and maintenance plan for all control equipment and control practices and a proposed
recordkeeping format for demonstrating compliance on an ongoing basis.The applicant shall then
follow the current Division-approved Operating and Maintenance Plan. (Reference: Colorado
Regulation No.3, Part B,III.G.7)
20. Within one hundred and eighty days(180)after commencement of operation,compliance with the
conditions contained on this permit shall be demonstrated to the Division.It is the permittee's
responsibility to self certify compliance with the conditions. Failure to demonstrate compliance
within 180 days may result In revocation of the permit(Reference: Colorado Regulation No.3,
Part B, III.G.2). Information on how to certify compliance was mailed with the permit or can be
obtained from the Division at 303-692-3209.
•
123/00231010&011 ver.2/00
iPublic Service Company of Colorado
Permit No. 07WE1100
initial Approval Colorado Department of Public Health and Environment
page 8 Air Pollution Control Division
21. A revised Air Pollutant Emission Notice(APEN)shall be filed:(Reference: Reg.3, Part A,II.C)
a. Annually whenever a significant increase in emissions occurs as follows:
For any criteria pollutant:
For sources emitting less than 100 tons per year,a change In actual emissions of five tons
per year or more,above the level reported on the last APEN;or
For volatile organic compound and nitrogen oxides sources in ozone non-attainment
areas emitting less than 100 tons of VOC per year,a change In actual emissions of one
ton per year or more or five percent,whichever Is greater,above the level reported on the
• last APEN submitted;or
For sources emitting 100 tons per year or more, a change in actual emissions of five
percent or 50 tons per year or more,whichever is less,above the level reported on the last
APEN submitted;or
A change In actual emissions,above the level reported on the last APEN submitted,of 60
pounds of lead.
For any non-criteria reportable pollutant:
If the emissions increase by 50%or five(5)tons per year,whichever is less,above the level
reported on the last APEN submitted to the Division.
• b. Whenever there Is a change In the owner or operator of any facility, process,or activity;or
c. Whenever new control equipment is Installed,or whenever a different type of control
equipment replaces an existing type of control equipment;or
d. Whenever a permit limitation must be modified;or •
e. No later than 30 days before the existing APEN expires.
Jacqueli e Joyce R K Hancock,Ill, P.E.
Permit Reviewer Construction Permit Unit Supervisor
Stationary Sources Program
Air Pollution Control Division
•
• 123/0023/010&011 ver.2100
• Public Service Company of Colorado
Permit No.07WE1100
initial Approval Colorado Department of Public Health and Environment
page 9 Air Pollution Control Division
Notes to Permit Holder:
1) The production or raw material processing limits and emission limits contained in this permit are
based on the production/processing rates requested In the permit application. These limits may
be revised upon request of the permittee providing there is no exceedance of any specific
emission control regulation or any ambient air quality standard, A revised air pollution emission
notice(APEN)and application form must be submitted with a request for a permit revision.
2) These emission units are classified as a: Synthetic minor source for Title V applicability
True minor source for HAPs
Synthetic minor for a major modification with
respect to PSD and NANSR
The facility is classified as: Major source for Title V applicability
Synthetic minor source for HAPS
Major stationary source for PSD applicability
•
3) This source is subject to the Common Provisions Regulation Part II, Subpart E,Affirmative
Defense Provision for Excess Emissions During Malfunctions.The permittee shall notify the
Division of any malfunction condition which causes a violation of any emission limit or limits stated
in this permit as soon as possible, but no later than two(2)hours after the start of the next
working day,followed by written notice to the Division explaining the cause of the occurrence and
that proper action has been or is being taken to correct the conditions causing said violation and
• to prevent such excess emission in the future.
4) The emission levels contained in this permit are based on the following emission factors:
Pollutant Emission Factor Emission Factor Source
NOx 64 lbs/hr Manufacturer's data,at 5°F, 100%load(9 ppmvd
15%O2 converted to lbs/hr)
CO 27 Ibs/hr Manufacturer's data at 5°F, 100%load(9 ppmvd
16%O2 converted to lbs/hr).
__ VOC 2.1 x 1e Ib/mmBlu AP-42,Section 3.1 (dated 4/00),Table 3.1-2a(for
SO2 3.4 x 104lb/mmBtu SO2 per footnote h)
PM/PM10(includes 18 lbs/hr Manufacturer's data sheet(filterable),at all loads
condensabies) and temperatures condensabies presumed to be
60%of filterable per manufacturer.
5) The following emissions of non-criteria reportable air pollutants are established based upon the
activities as indicated in this permit and exceed the threshold for APEN reporting. This
information is listed to inform the operator of the Division's analysis of the specific compounds.
This information Is listed on the Division's emission inventory system.
Pollutant CAS No. Emission Factor1 (Ib/mm8tu) Emissions2(lbs/yr)
Formaldehyde 60-00-0 1.30 x 10' 1538.6
'Emission factors are from AP-42 (Section 3.10,dated April 2000,Table 3.1-3.
2Emissions are based on the above emission factors,the permitted fuel consumption limit of 1089
mmscf/yr and a natural gas heat content of 995 Btu/scf,
• •
123/00231010&011 ver.2/00
• Public Service Company of Colorado
Permit No.07WE1100
Initial Approval Colorado Department of Public Health and Environment
page 10 Air Pollution Control Division
6) In accordance with C.R.S.25-7-115.1,the Air Pollutant Emission Notice(APEN)associated with
this permit Is valid for a term of five years: The five-year term for this APEN expires on November
7,2012. A revised APEN shall be submitted no later than 30 days before the five-year term
expires.
• 123100231010&011 ver.2/00
• Public Service Company of Colorado
Permit No. 07WE1100
Initial Approval Colorado Department of Public Health and Environment
page 11 Air Pollution Control Division
GENERAL TERMS AND CONDITIONS: (IMPORTANT, READ ITEMS 6,6.7 AND 8)
1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the
applicant and Is conditioned upon conduct of the activity,or construction,Installation and operation of the
source,in accordance with this information and with representations made by the applicant or applicant's
agents. It Is valid only for the equipment and operations or activity specifically Identified on the permit.
2. Unless specifically stated otherwise,the general and specific conditions contained in this permit have been
determined by the APCD to be necessary to assure compliance with the provisions of Section 26-7-
114.5(7)(a),C.R.S.
3. Each and every condition of this permit Is a material pad hereof and is not severable. Any challenge to or
appeal of,a condition hereof shall constitute a rejection of the entire permit and upon such occurrence,this
permit shall be deemed denied ab Initlo. This permit may be revoked at any time prior to final approval by
the Air Pollution Control Division(APCD)on grounds set forth in the Colorado Air Quality Control Act and
regulations of the Air Quality Control Commission(AQCC),including failure to meet any express term or
condition of the permit. If the Division denies a permit,conditions imposed upon a permit are contested by
the applicant,or the Division revokes a permit,the applicant or owner or operator of a source may request
a hearing before the AQCC for review of the Division's action.
4. This permit and any required attachments must be retained and made available for inspection upon
request at the location set forth herein. With respect to a portable source that is moved to a new location,
a copy of the Relocation Notice(required by law to be submitted to the APCD whenever a portable source
is relocated)should be attached to this permit. The permit may be reissued to a new owner by the APCD
as provided In AQCC Regulation No.3,Part B,Section II.B.upon a request for transfer of ownership and
the submittal of a revised APEN and the required fee.
6. Issuance (initial approval) of an emission permit does not provide "finer authority for this activity or
• operation of this source. Final approval of the permit must be secured from the APCD In writing in
accordance with the provisions of 25-7-114.5(12)(a)C.R.S.and AQCC Regulation No.3,Part B,Section
III.G. Final approval cannot be granted until the operation or activity commences and has been verified by
the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines,Itwlll
provide written documentation of such final approval,which does constitute"final"authority to operate.
Compliance with the permit conditions mustbe demonstrated within 180 days alter commencement
of operation.
6. THIS PERMIT AUTOMATICALLY EXPIRES IF you(1)do not commence construction or operation within
18 months after either the date of Issuance of this permit or the date on which such construction or activity
was scheduled to commence as set forth In the permit,whichever is later;(2)discontinue construction for a
period of 18 months or more;or(3)do not complete construction within a reasonable time of the estimated
completion date. Extensions of the expiration date may be granted by the APCD upon a showing of good
cause by the permutes prior to the expiration date.
7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to
commencement of the permitted operation or activity. Failure to do so is a violation of Section 26-7-
114.5(12)(a),C.R.S.and AQCC Regulation No.3,Part B,Section 111.0.1.,and can result In the revocation
of the permit. You must demonstrate compliance with the permit conditions within 180 days after
commencement of operation as stated In condition 5.
S. Section 26-7-114.7(2)(a),C.R.S.requires that all sources required to file an Air Pollution Emission Notice
(APEN)must pay an annual fee to cover the costs of Inspections and administration. If a source oractiviy
Is to be discontinued,the owner must notify the Division In writing requesting a cancellation of the permit.
Upon notification,annual fee billing will terminate.
9. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and control
Act or the regulations of the AQCC may result in administrative,civil or criminal enforcement actions under
Sections 25-7-115 (enforcement), -121 (Injunctions), -122 (civil penalties),-122.1 (criminal penalties),
C.R.S.
• 123/0023/010&011 ver.2/00
• Attachment 3
Authorization to Discharge Under the Colorado
Discharge Permit System (Draft)
Permit No. CO-0001121
County: Weld
•
Permit 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
Xcel Energy Fort St.Vrain Station
is authorized to discharge from the Fort St.Vrain Station located in S3,T3N,R67W and in 834 &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
Issued and Signed this day of
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Janet Kieler,Permits Section Manager
Water Quality Control Division
•
Permit No.CO-0001121
ePART I 3
A. DEFINITION OF EFFLUENT LIMITATIONS 3
1. Effluent Limitations 3
2. Compliance Schedule 8
3. Acute WET Testing-Outfall(s):001B and 002A 9
B. MONITORING REQUIREMENTS 11
1. Frequency and Sample Type 11
C. DEFINITIONS OF TERMS 14
D. SPECIAL REQUIREMENTS 16
1. Materials Containment Plan 16
E. GENERAL MONITORING,SAMPLING AND REPORTING REQUIREMENTS 17
I. Routine Reporting of Data 17
2. Representative Sampling 18
3. Analytical and Sampling Methods for Monitoring 18
4. Records IS
5. Flow Measuring Device 19
6. Signatory and Certification Requirements 19
PART 11 21
A. NOTIFICATION REQUIREMENTS 21
1. Notification to Parties 21
2. Change in Discharge 21
3. Special Notifications-Definitions 21
4. Noncompliance Notification 22
5. Other Notification Requirements 22
6. Bypass Notification 23
7. Upsets 23
• 8. Discharge Point 24
9. Proper Operation and Maintenance 24
10. Minimization of Adverse Impact 24
11. Removed Substances 24
12. Submission of Incorrect or Incomplete Information 24
13. Bypass 24
14. Reduction,Loss,or Failure of Treatment Facility 25
B. RESPONSIBILITIES 25
1. Inspections and Right to Entry 25
2. Duty to Provide Information 25
3. Transfer of Ownership or Control 25
4. Availability of Reports 26
5. Modification,Suspension,Revocation,or Termination of Permits By the Division 26
6. Oil and Hazardous Substance Liability 28
7. State Laws 28
8. Permit Violations 28
9. Property Rights 28
10. Severability 29
11. Renewal Application 29
12. Confidentiality 29
13, Fees 29
14. Duration of Permit 29
15. Section 307 Toxics 29
16. Antibacksliding 29
17. Effect of Permit Issuance 30
•
PART I
• Page 3
N
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 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 evaporation ponds. During the
cleaning of a cooling tower basin,there shall be no discharge of water from that basin to State waters and there shall be
no discharge from the 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.
e. 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).
f. 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 may be determined by reported data and/or calculations to demonstrate that the regulated pollutants are not
detectable in Outfall 001B 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.
g. 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
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.
PART I
• Page 4
Permit No.:CO-0001121
h. Effluent Limitations at Outfall 001A
Beginning no later than the effective date of this permit and lasting through the expiration date,the pennittee is
authorized to discharge from outfall(s):00lA,at the overflow from the farm pond to the South Platte River at 40°
15'52.1"latitude North and 104°52'5.5"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 I Effluent Limitations at Outfall 001A
Maximum Concentrations
30-DayAwrave I 7-DavA�erage .J Daily Maximum
Flow,MGD 3.0 NA Report
Escherichia cola, Number/100ml Report NA I Report
•
See Part I.C.for Definitions
•
PART I
Page No.5
• Permit No.:CO-0001121
i. Effluent Limitations for Outfall 001B
Beginning no later than the effective date of this permit and lasting through the expiration date,the permittee is
authorized to discharge from outfail(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 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
30-Day Average 7-Day Average Daily Maximum
Flow,MGD 3.0 NA I Report
Total Suspended Solids(TSS),mg/1(Intake) I Report NA Report
Total Suspended Solids(TSS),mg/1(Gross) J Report NA I Report
Total Suspended Solids(TSS),mg/1(Net) ..,, I 30 NA I 64
Oil and Grease,mg/1 I - 1.7 NA --I 4.8
Total Chromium,mg/1 I 180 NA J 180
Total Zinc,mg/1 I -- 890 NA 890
• pH s.u.(minimum-maximum) I NA NA 6.5-9
Dissolved Oxygen,mg/I(minimum) NA NA Report -_.-
Temperature,°F, until 05/31/10 NA NA 86
Temperature,°C
beginning 06/01/08 I - NA Report* Report*
beginning 06/01/10 30(MWAT) Report*
Total Residual (
sidualChlorine,mg/I 0.18 NA 1 0.20
&cher/chra coil, Number/100 ml 126 252 NA
Total Inorganic Nitrogen as N,mg/I Report NA 82
Potentially Dissolved Copper,pg/1 Report i NA .J Report 1
Total Recoverable Iron,pg/1 I - Report j .NA Report J
Total Mercury,pg/1
Effective through September30,2010 Report I NA Report
Effective beginning October 1,2010 ( 0.16 NA Report
Sulfate,mg/1 I
Effective through September 30,2010 Report NA Report
Effective beginning October 1,2010 I 754 NA Report
'Whole Effluent Toxicity,Acute Lethality I NA NA LC50> 100%
MWAT stands for Maximum Weekly Average Temperature
See Part I.C.for Definitions
•
PART I
Page No. 6
• 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 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 i Effluent LimItations at Outfall 002A
Maximum Concentrations
I30-Dav Average 7-Day Average Daily Maximum
Flow,MGD I 3.0 NA 1 Report
Total Suspended Solids(TSS),mg/I(Intake) ( Report I NA _.I Report
Total Suspended Solids(TSS),mg/i(Gross) I Report NA I Report
..._. ..
Total Suspended Solids(TSS),mg/l(Net) I 30 � NA I 64
Oil and Crease,mg/I 1.7 NA 4.8
Total Chromium,ug/l 180 NA 180
Total Zinc,ug/i 890 I NA 890
• pH,s.u.(minhnum-ma)imum) I NA NA 6.5-9
Dissolved Oxygen,mg/l(minimum) ( NA NA -I Report
Temperature,°F, until 05/31/08 NA I NA 86
Temperature,°C
_- beginning 06/01/08 ( ..--. NA --. I Report(MWAT) F Report ...,..
beginning 06/01/10 I NA 30 (MWAT) Report
(Total Residual Chlorine,mg/1 I 0.12 NA 0.13
Eacherichia coli, Number/100 ml f 126 252 NA
Total Inorganic Nitrogen as N,mg/I Report NA 82
Potentially Dissolved Copper,µg/l 263 NA 320
Total Recoverable Iron,µg/1 1,000 NA Report
Total Mercury,µg/1 _..
Effective through September 30,2010 Report NA I Report
Effective beginning October 1,2010 0.11 NA Report
Sulfate,mg/1
Effective through September 30,2010 Report I NA Report
Effective beginning October 1,2010 754 NA Report
Whole Effluent Toxicity,Acute Lethality NA NA I LC50>100% I
See Part I.C.for Definitions
•
PART I
• r 7
Permit N 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 sluiced 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.
I. 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 Ordfal1 007A
Maximum Concentrations
30-Dry Average7-DavA5erage DailvMardmum
Flow,M® _.. 0.029 NA _. .. . . Report
5-day Biochemical Oxygen Demand(BOD5),mg/I 30 45 NA
Total Suspended Solids(TSS),mg/1 I 75 I 110 NA
Oil and Crease,mg/I NA NA 10
Total Residual Chlorine,mg/1 ( Report I NA Report
Escherichia coltNumber/100 ml I 2000 I 4000 NA
See Part 1.C. for Definitions
•
PART I
Page No.8
•
Permit No.:CO-000I 121
m. Effluent Limitations at Outfall MONI
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):MONI,at the same location as Outfall 001B or Outran 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-DavAverage 7-DavAverage PailyMaximum
Total Arsenic,µg/1 Report NA Report
Potentially Dissolved Cadmium,µg/1 Report NA Report
Dissolved Iron,pg/1 Report NA I Report
Potentially Dissolved Lead µg/I_ ' .... Report NA Report
Potentially Dissolved Manganese,µg/1 ' Report I NA Report
Potenitally Dissolved Nickel,µg/1 Report NA Report 1
Potentially Dissolved Selenium,pg/I _-. ( Report I NA I Report
Potentially Dissolved Silver,µg/I ( Report I NA Report
IChloride,mg/1 _. _- Report NA -- .� Report .__...• 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 October 31,2008,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 Limits at Outfall 001A
i. By March 31,2008,the permittee shall complete plans and specifications for construction of facilities or
activities determined to be necessary to meet the E.coil final limitations at Outfall OO1A,and submit them.
H. By July 31,2008,the permittee shall begin implementing the approved plan for construction or other activities
such that compliance with the E.coli final limitations at Outfall 001A may be attained.
iii. By July 31,2009,the permittee shall submit a construction progress report summarizing the progress in
construction or other activities such that compliance with the E.coli final limitations at Outfall 001A may be
attained.
iv. By July 31,2010,the permittee shall complete construction of facilities or other appropriate actions,which will
allow the permittee to meet the E.coil final limitations at Outfall 00IA.
See Part I.C.for Definitions
•
PART
• Page No.9
Permit No.:CO-0001121
c. Compliance Schedule for Sulfate and Total Mercury Limits at Outfalls 001B and 002B
i. By May 31,2008,the permittee shall submit a plan for approval that identifies sources of sulfate and mercury
and identifies strategies to control these sources such that compliance with the final sulfate and total mercury
limitations at Outfalls 00IB and 002A maybe attained.
ii. By September 30,2008,the permittee shall begin implementing the approved plan for controlling sources of
sulfate and mercury such that compliance with final sulfate and total mercury limitations at Outfalls OO1B and
002A may be attained.
iii. By September 30,2009,the permittee shall submit a progress report summarizing the progress in implementing
the strategies to control sources such that compliance with the fmal sulfate and total mercury limitations at
Outfalls 001B and 002A may be attained
iv. By September 30,2010,the permittee shall submit study results that show compliance has been attained with
the final sulfate and total mercury limitations at Outfalls OO1B and 002A.
d. Temperature Monitoring Equipment Installation- The permittee shall install continuous temperature monitoring
equipment at a point representative of the effluent discharge(at the outfall)and instream above the discharge point
for the collection of ambient temperature data.
i. By February 28,2008,submit a report documenting the facility plans for the installation of temperature
monitoring equipment.
ii. By May 31,2008,submit a report documenting the installation of temperature monitoring equipment and begin
monitoring for temperature using this new equipment.
iii. By May 31,2008,the pennittee shall submit the collected temperature data,including a summary of the MWAT
• and daily maximum temperatures.
iv. By May 31,2010,the permittee shall submit the collected temperature data,including a summary of the MWAT
and daily maximum temperatures.
e. Materials Containment Plan
i. By May 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 Testing-Outfall(sl: 00IB and 002A
a. Testing and Reporting Requirements
Tests shall be done at the frequency listed in Part I.B.1. 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 both the Division and EPA along with the DMR.
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
Ceriodaphnia sp.,and an acute 96-hour WET test using fathead minnows. Acute tests will be replacement static tests of a
• single effluent grab sample.
PART I
• Page No.
Permit No.:CO-0001121
b. Failure of Test and Division Notification
An acute WET test is failed whenever the LCse,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(PTO/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
(f)means no later than the last day of the laboratory test.
See Part LC.for Definitions
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 PTUTIE 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 beat 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 PTUPIE 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 PTI allows resolution of the WET incident,the TIE need not
necessarily be conducted. If,however,WET is not identified or resolved during the P11,the TIE must be conducted
within the allowed 120 day time frame.
Any permittee that is required to conduct a PTUTIE investigation shall do so in conformance with procedures identified
in the following documents,or as subsequently updated: I)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.
• 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.
PARTI
Page No. 11
• Permit No.:CO-0001121
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 PTUTIE 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 PTUTIE 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 PTUTIE 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 permittee shall monitor all effluent parameters at the following frequencies. Such monitoring will begin
immediately and last for the life of the permit unless otherwise noted. The results of such monitoring shall be reported on the
• Discharge Monitoring Report form(See Part I.E.)
See Part I.C.for Definitions
PARTI
Page No. 12
•
Permit No.: CO-0001121
a. Outfalls 00IA
Effluent Parameter I Frequency Sample Type
Flow,MGD Continuous . Recorder
Escherlchiacoil, Number/100m1 Weekly Grab _. I
Self-monitoring sampling by the permittee for compliance with the monitoring requirements specified above shall be
performed at the following location(s):Outfall OO1A, at the overflow from the farm pond to the South Platte River
at 40°H'52.1"latitude North and 104°52'5.5"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 Fonn(DMRs)or other forms as required by the Division. Such increased frequency shall
also be indicated.
b. Outfalls OOIB and 002A
'Effluent ParameterFrequency Sample Type
Flow,MGD Continuous Recorder
Total Suspended Solids(TSS),mg/I(Intake) 2 Days/Week Grab
Total Suspended Solids(TSS),mg/I(Gross) 12 Days/Week (tab
• Total Suspended Solids(TSS),mg/1(Net) I 2Days/Week Grab
Oil and Grease,mg/1 2 Days/Week Grab*
Total Chromium,ug/I Monthly Grab if
Total Zinc,ug/1 Monthly -_-.. Grab if ......
pH,s.u.(minimum-maximum) _ - _Daily --_ Grab i/
Dissolved Oxygen,mg/1(minimum) 5 Days/Week Grab
Temperature,°F,through 5/31/08 5 Days/Week ii/ Grab
Temperature,°C,beginning 6/01/08 Continuous -I Recorder
Total Residual Chlorine,mg/I 2 Days/Week I Grab
Escherichia coli, Number/100 ml 3 Days/Week I Grab
Total Inorganic Nitrogen as N,mg/I Weekly I Crab
Potentially Dissolved Copper,µg/l I 2 Days/Month I Grab i/
Total Recoverable Iron,pg/I 12 Days/Month ! Grab
Total Mercury,µg/I 2 Days/Month Grab i/
Sulfate,mg/I .-.. .I.. 2 Days/Month -..I Grab .....
Whole Effluent Toxicity,Acute Lethality Semi-Annually Grab
* As this parameter is included for measuring compliance with the Federal ELG,a grab sample is required.
if This parameter is subject to"Noncompliance Notification"requirements of Part 11.A.4.b.(4)of this permit for
violations of the Daily Maximum limitation for this parameter
iV Monitoring must be completed at least three times per day to meet the definition for MWAT(See Part I.C.of the
permit for definitions)
• Self-monitoring sampling by the permittee 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 001B and 002A are located
at the same physical location at 40°14'55.1"latitude North and 104°52'39.3"longitude West.
PART I
Page No. 13
• Permit No.:CO-0001121
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
c. Outfall 007A
Effluent Parameter 1 Frequency Sample Type
Flow,MGD l Continuous Recorder
5-day Biochemical Oxygen Demand(GODS),mg/I 1 Monthly Grab
Total Suspended Solids(TSS),mg/I Monthly Grab
Oil and Grease,mg/I Weekly Visual
Total Residual Chlorine,mg/I I Weekly Grab
Escherichia coil, Number/100 ml I Monthly 1 Grab
Self-monitoring sampling by the permittee 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.
d. Outfall MONI
Effluent Parameter Frequency Sample Type
Total Arsenic,µg/I Monthly Grab
Potentially Dissolved Cadmium,µg/1 Monthly Grab
Dissolved Iron,pg/I Monthly Grab
Potentially Dissolved Lead,pg/I Monthly Grab
Potentially Dissolved Manganese,µg/I Monthly I Grab
Potentially Dissolved Nickel,µg/1 I Monthly Grab
Potentially Dissolved Selenium,µg/1 1 Monthly Grab
Potentially Dissolved Silver,pg/I Monthly Grab
Chloride,mg/I I Monthly 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 and 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
• N Page N
Permit No.:.:CO-0001121
e. Oil and Grease Monitoring
For oil and grease monitoring at Outfall 007A only,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
1. "Acute Toxicity"means there shall be no acute toxicity in the effluent from this discharge point. The acute toxicity limitation
is exceeded if 1)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 C 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
pI-I 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 are 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 001B 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.
PARTI
Page No. 15
• 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. coif bacteria,the arithmetic mean of all samples
collected in a seven(7)consecutive day period. For fecal coliform or E. coli 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. coil bacteria,the arithmetic mean of all samples collected
during a thirty(30)consecutive-day period. For fecal coliform or E. coil 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
method detection limit shall be considered to be zero for calculation purposes. If all individual analytical results that would
be used in the calculations are below the method detection limit,then"less than x",where x is the method detection 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 coli 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:
0/n)
Geometric Mean=(a*b*c*d*...) "*"-means multiply
Method 2:
Geometric Mean=antilog([log(a)+log(b)+Iog(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. 16
• 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 may be 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 6I.8(3)(g)and(r)of the Colorado Discharge Permit System Regulations,the pennittee 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 atter the effective date of this permit and must be implemented. The update
of the plan shall include changes in the infonnation 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"P. 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. 17
• 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.
1/ 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 Reportine of Data
Reporting of the data gathered in compliance with Part 1.6.1 shall be on a monthly basis. Repotting 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
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• 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 pennittee 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 for specific parameters(which have limitations that are,in some cases, less than or
equal to the PQL)are as follows:
•
Effluent Characteristic PQLs, ug✓I
Arsenic 1
Cadmium 0.06
Chromium 2
Copper 5
Iron 10
Lead
Manganese 2
Mercury 0.003
Nickel 3
Phenols 50
Selenium 1
Silver 0.5
Zinc 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
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).
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• Page No.
Permit No.:CO-0001121
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 I.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 pennittee 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 originates;
•
ii) hi 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 pennittee,or the duly authorized representative shall make and sign the following certification on all such
• documents:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,or those persons directly responsible
PART I
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• PermitNo.:CO-0001121
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 information,including the possibility of fine
and imprisonment for knowing violations."
•
S
PART II
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• Permit Na: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 normal business hours shall be to:
Water Quality Protection Section-Industrial Compliance Program
Water Quality Control Division
Telephone:(303)692-3500
Spills notifications at any 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
•
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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• Permit No.:CO-0001121
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 pernittee. 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. If,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
iii) 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;
iii) 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 I.A 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 11B.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":
PART II
Page No.23
• Permit No.:CO-0001121
i) One hundred micrograms per liter(100 µgl);
ii) Two hundred micrograms per liter(200 mil)for acrolein and acrylonitrile;five hundred micrograms per liter(500
ug/1)for 2.4-dinitrophenol and 2-methyl-4.6-dinitrophenol;and one milligram per liter(1.0 mg/I)for antimony;
iii) Five(5)times the maximum concentration value reported for that pollutant in the permit application in accordance
with Section 61.4(2)(g).
iv) The level established by the Division in accordance with 40 C.F.R.§ 122.44(0.
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/1);
ii) One milligram per liter(1 mg/1)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(0.
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.
PART II
Page No.24
• Permit No.: CO-0001121
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 Oneration and Maintenance
The permittee 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 permittee 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 permittee 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 normal 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.
PART II
Page No.25
•
Permit No.: CO-0001121
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 furnish 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:
PART II
Page No.26
• Permit No.:CO-0001121
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) Fee 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 permittee 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 permit;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
PART II
Page No. 27
• PermitNo.: CO-0001121
(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 permittee 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 fords 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 180
PART H
Page No.28
• Permit No.:CO-0001121
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 pennittee 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 Riehts
• 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 II.B.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
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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)(6)(BPJ)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,reissuance,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 permittee 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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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.
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