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Home My WebLink About20030708.tiff STATE _QF COLORADO Bill Owens,Governor c ' ', '- '- Douglas H.Benevento,Executive Director : ' R.%°V•cot Dedicated to protecting and improving the health and environment of the peagi, oflwQ9brldo P4 9. 3n Fr 4300 Cherry Creek Dr.S. Laboratory Services Division -- * Denver,Colorado 80246-1530 8100 Lowry Blvd. —, • •. Phone(303)692-2000 Denver,Colorado 80230-6928 rage 0, /L TDD Line(303)691-7700 (303)692-3090 Colorado Department Located in Glendale,Colorado of Public Health http://www.cdphe.state.co.us . and Environment David E. Long, March 13,2003 Weld County 915 - 10th Street Greeley, CO 80631 970-353-6100 x3540 RE: Final Permit,Colorado Discharge Permit System-Stormwater Certification No. : COR-090037 Weld County Local Contact: Donald Warden,Finance Director 970-353-6400 x4218 Dear Sir or Madam: Enclosed please find a copy of permit and certification which have been issued to you under the Colorado Water Quality Control Act. Your certification under the permit requires that specific actions be performed at designated times. You are legally obligated to comply with all terms and conditions of your certification. As detailed in the permit, the Division will perform a review of the CDPS Stormwater Management Programs included in the application and notify the permittee within 180 days of submittal if any inadequacies are determined. Please read the permit and certification. If you have any questions,contact Nathan Moore at(303)692-3555. Sincerely, nn Kathryn biilan Stormwater Program Coordinator Permits Unit WATER QUALITY CONTROL DIVISION xc: Regional Council of Governments Local County Health Department-Weld County District Engineer,Technical Services,WQCD File Copy ettryt,aktiat c41i1a 6003- 0.-741 3- 31 -.2003 ©QD c;?cv3 Permit No. COR-090000 Certification No. COR-090037 PAGE 1 of 19 CERTIFICATION CDPS GENERAL PERMIT STORMWATER DISCHARGES ASSOCIATED WITH MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4s) This permit specifically authorizes: Weld County to discharge stormwater from portions of their MS4 located in an Urbanized Area to State waters, including but not limited to: Cache la Poudre River, South Platte River effective: March 14, 2003 Annual Fee: $438 (DO NOT PAY NOW. You will receive a prorated bill later.) Next Annual Report Due: 3/10/04 HIGHLIGHTS MUNICIPAL SEPARATE STORM SEWER (MS4) STORMWATER GENERAL PERMIT ANNUAL REPORTS: * Due by March 10 of each year for the previous year * Annual Report form will be sent separately * Make copies of the form for future years (also available on web at http://www.cdphe.state.co.us/wq/PermitsUnit/wqcdpmt.html * You must complete all development and implementation for all 6 program areas by March 9, 2008 * Program areas must be developed and implemented at a relatively steady rate throughout the permit term APPLICATION REVIEW: * Permit certification is issued based on minimal review of application completeness * Division will then review application for program adequacy; you will be notified within the next 6 months of any needed changes PERMIT FEE: * Send payment only upon receipt of an invoice * First invoice will be sent within about 6 weeks of permit certification issuance — amount will be pro-rated for remainder of fiscal year (permit issuance date through June 30) * Invoices then sent annually (mid-summer) RECORDS: * Copies of the CDPS Stormwater Management Program, reports required by the permit, and records of all data used to complete the application must be retained for a period of at least three years from the date that the specific item is no longer being actively utilized for stormwater management. QUESTIONS? * http://www.cdphe.state.co.us/wq/PermitsUnit/wacdpmt.html * email us at cdphe.wgstorm(a,state.co.us * Or call (303)692-3500, ask for Nathan Moore or Kathy Dolan 3/03 Page 2 of 19 - Permit No. COR-090000 CDPS GENERAL PERMIT STORMWATER DISCHARGES ASSOCIATED WITH MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4s) 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"), this permit authorizes the discharge of stormwater associated with municipal separate storm sewer systems certified under this permit, from those locations specified throughout the State of Colorado to specified waters of the State. Such discharges shall be in accordance with the conditions of this permit. This permit specifically authorizes the municipality listed on page 1 of this permit to discharge stormwater associated with municipal separate storm sewer systems, as of this date, in accordance with permit requirements and conditions set forth in Parts I and II hereof. All discharges authorized herein shall be consistent with the terms and conditions of this permit. This permit and the authorization to discharge shall expire at midnight, March 9,2008. Issued and•Signed this 7TH day of February, 2003 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT � � . Mark T. Pifher,Director Water Quality Control Division DATE SIGNED: FEBRUARY 7, 2003 EFFECTIVE DATE OF PERMIT: MARCH 10, 2003 MUNICIPAL SEPARATE STORM SEWER SYSTEMS(MS4s) COR-090000 TABLE OF CONTENTS PART I A. COVERAGE UNDER THIS PERMIT 3 1. Authority to Discharge 3 2. Discharges Covered Under this Permit 3 3. Permit Area 3 4. Applicability 3 5. Application,Due Dates 3 6. Permit Certification Procedures 4 7. Permit Expiration Date 5 B. CDPS STORMWATER MANAGEMENT PROGRAM 5 1. Public Education and Outreach on Stormwater Impacts 6 2. Public Involvement/Participation 6 3. Illicit Discharge Detection and Elimination 7 4. Construction Site Stormwater Runoff Control 8 5. Post-Construction Stormwater Management in New Development and Redevelopment 9 6. Pollution Prevention/Good Housekeeping for Municipal Operations 9 C. OTHER TERMS AND CONDITIONS 10 1. General Limitations 10 2. Releases in Excess of Reportable Quantities 10 3. CDPS Stormwater Management Program Availability 10 4. Resources 10 5. TMDLs 10 6. Special Provisions for Non-Standard MS4s 11 7. Implementation by Other Parties 11 8. Monitoring 11 D. PROGRAM REVIEW AND MODIFICATION 11 1. Division Review of Programs and Reports 11 2. CDPS Stormwater Management Program and Measurable Goals Modification 12 3. Demonstration of Adequacy 13 , 4. Annual Program Review 13 E. REPORTING REQUIREMENTS-ANNUAL REPORT 13 F. DEFINITIONS 14 G. GENERAL REQUIREMENTS 15 1. Signatory Requirements 15 2. Retention of Records 15 -2a- MUNICIPAL SEPARATE STORM SEWER SYSTEMS(MS4s) COR-090000 TABLE OF CONTENTS(cont.) PART II A. PERMITTEE RESPONSIBILITIES 16 1. Duty to Comply 16 2. Minimization of Adverse Impact 16 3. Proper Operation and Maintenance 16 4. Reduction,Loss,or Failure of Treatment Facility 16 5. Inspections and Right to Entry 16 6. Duty to Reapply 16 7. Duty to Provide Information 17 B. NOTIFICATION,REPORTING AND ADMINISTRATIVE REQUIREMENTS 17 1. Noncompliance Notification 17 2. Availability of Reports 17 3. Submission of Incorrect or Incomplete Information 17 C. MODIFICATION OR TERMINATION OF PERMITS 17 D. CONSISTENCY WITH OTHER LAWS AND REGULATIONS 18 1. State Laws - 18 2. Property Rights 18 3. Oil and Hazardous Substance Liability 18 4. Removed Substances 19 E. OTHER STANDARD CONDITIONS 19 1. Requiring an Individual CDPS Permit 19 2. Severability 19 3. Fees 19 -2b PART I Page 3 Permit No.COR-090000 PARTI A. COVERAGE UNDER THIS PERMIT 1. Authority to Discharge Under this permit,beginning immediately and lasting though March 9,2008,municipalities are authorized to discharge stormwater and allowable non-stormwater discharges(see part I.B.3.a.4 of this permit)from their municipal separate storm sewer system(MS4)in accordance with the CDPS Stormwater Management Program requirements,and other provisions set forth herein. 2. Discharges Covered Under this Permit This permit authorizes new or existing discharges composed entirely of stormwater from the identified MS4. The following discharges are not authorized by this permit: process wastewater,stormwater discharges that are mixed with process wastewater,or stormwater associated with industrial activity,unless such discharges are authorized under separate CDPS permits and are in compliance with the provisions of those permits Non-stormwater discharges into the MS4 from the sources listed in Part I.B.3.a.4 of this permit do not need to be addressed under the permit,unless they are determined to be a substantial contributor of pollutants to waters of the State, subject to the conditions outlined under Part I.B.3.a.of the permit. 3. Permit Area This permit covers all areas designated by the Water Quality Control Division("Division")within the boundaries of the municipality identified in the certification that are served by,or otherwise contributing to,discharges to state waters from municipal separate storm sewers owned or operated by the municipality. The certification will specify whether the coverage is only for the areas of the MS4 that are within an urbanized area, or for other areas instead or in addition. The permittee must implement the CDPS Stormwater Management Program as described in Part I.B for all new areas added to their MS4(or for which they become responsible for implementation of stormwater quality controls)that are within an urbanized area. Implementation shall begin as expeditiously as practicable,but not later than one year from addition of the new areas. Implementation may be accomplished in a phased manner to allow additional time for controls that will not be fully implemented within one year. 4. Applicability This permit covers discharges from small MS4s that are regulated under the Colorado Discharge Permit Regulation 61.3(2)(f)(iii)and(v). This includes MS4s that are: a) located in an urbanized area as determined by the latest Decennial Census by the U.S.Bureau of the Census. Non- Standard MS4s within urbanized areas are also included if they are designed for a maximum daily user population (residents and individuals who come there to work or use the municipality's facilities)of at least 1000; b) designated by the Division as needing permit coverage,using the criteria outlined in 61.3(2)(f)(v)(A)(III)of the Colorado Discharge Permit Regulations;or c) determined by the Division to contribute to a violation of a water quality standard or to be a significant contributor of pollutants to state waters. 5. Application,Due Dates a) Application Due Dates: By March 10,2003,or within 180 days of Division notification,whichever is later,the operator of the MS4 shall submit an application form as provided by the Division. (The Division retains the right to grant permission for a later date upon good cause shown.) PART I Page 4 Permit No. COR-090000 A. COVERAGE UNDER THIS PERMIT - One original completed discharge permit application shall be submitted,by mail or hand delivery,to: Colorado Department of Public Health and Environment Water Quality Control Division WQCD-P-82-Stormwater Program 4300 Cherry Creek Drive South Denver,Colorado 80246-1530 b) Application Form: The application form requires, at a minimum,the following information: 1) Name and address of principal executive officer,ranking elected official,or other duly authorized employee in charge the of municipal resources responsible for permit implementation 2) MS4 location description and map 3) Names of State waters that receive discharges from the permittee's MS4 4) Name of the person responsible for overseeing implementation and coordination of the CDPS Stormwater Management Program 5) MS4 population and area 6) Summary description of the overall water quality concerns,priorities,and goals specific to the pennittee that were considered in the development of the CDPS Stormwater Management Program 7) CDPS Stonnwater Management Program description consisting of,at a minimum,a general description of the program elements that will be implemented(or already exist)for each of the CDPS Stormwater Management Program Areas(see Part I.B of the permit) 8) Measurable Goals for each of the program areas including,as appropriate,the months and years by which the pennittee will undertake required actions,including interim milestones and the frequency of the action. 9) Program implementation area(i.e.,urbanized area vs.overall jurisdiction) 10) Joint application(s)(if applicable) The descriptions for Items 7 and 8 above must be detailed enough for the Division to determine the permittee's general strategy for complying with each of the required items listed in subsection a)of each of the six program areas(Parts LB.1-6 of this permit). This must include an indication of which program elements(such as those in the Colorado's Phase II Municipal Guidance)the permittee intends to utilize,and to what degree particular elements will be stressed.The detailed descriptions listed in subsection b)of each of the six program areas(Parts I.B.1-6 of this permit)are not required to be submitted in the application beyond what is required in Item 6 above. 6. Permit Certification Procedures If the general permit is applicable to the applicant's operation,then a certification will be developed and the applicant will be authorized to discharge stormwater under this general permit. a) Request for Additional Information: The Division shall have up to 30 days after receipt of the above information to determine application completeness,and to request additional data and/or deny the authorization for any particular discharge. Upon receipt of additional information,the Division shall have an additional fifteen days to issue or deny authorization for the particular discharge. (Notification of denial shall be by letter,in cases where coverage under an alternate general permit or an individual permit is required,instead of coverage under this permit.) The Division shall have up to 180 days after receipt of the complete application to determine the adequacy of the permittee's CDPS Stonnwater Management Program as described in the application. See Part I.D.1 of this permit. b) Automatic Coverage: If the applicant does not receive a request for additional information or a notification of denial from the Division dated within 30 days of receipt of the application by the Division,authorization to discharge in accordance with the conditions of this permit shall be deemed granted. PART I Page 5 Permit No.COR-090000 A. COVERAGE UNDER THIS PERMIT c) Individual Permit Required: If,after evaluation of the application(or additional information,such as the CDPS Stormwater Management Program),it is found that this general permit is not applicable to the operation,then the application may be processed as one for an individual permit with the applicant's approval. The applicant will be notified of the Division's decision to deny certification under this general permit. For an individual permit, additional information may be requested,and 180 days will be required to process the application and issue the permit. d) Temporary Coverage: Notwithstanding Parts I.A.6.a-c,above,the Division reserves the right to temporarily cover stormwater discharge from MS4s under general permits,even though individual permit coverage may be more appropriate. Certification of these activities under a general permit does not in any way infringe on the Division's right to revoke that coverage and issue an individual permit or amend an existing individual permit. e) General vs.Individual Permit Coverage: Any operator authorized by this permit may request to be excluded from the coverage of this permit by applying for an individual CDPS permit. The operator shall submit an individual application,with reasons supporting the request,to the Division at least 180 days prior to the time that coverage under an individual permit is needed. f) Local Agency Authority: This permit does not pre-empt or supersede the authority of local agencies to prohibit, restrict,or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction. 7. Permit Expiration Date Authorization to discharge under this general permit shall expire on March 9,2008. The Division must evaluate and reissue this general permit at least once every five years and must recertify the applicant's authority to discharge under the general permit at such time. Any permittee desiring continued coverage under the general permit must reapply by September 9,2007. The Division will determine if the applicant may continue to operate under the terms of the general permit. An individual permit may be required for any facility not reauthorized to discharge under the reissued general permit. B. CDPS STORMWATER MANAGEMENT PROGRAM The permittee must develop,implement,and enforce a CDPS Stormwater Management Program,in accordance with Part I.B of this permit,designed to reduce the discharge of pollutants from their MS4 to the maximum extent practicable(MEP),to protect water quality, and to satisfy the appropriate water quality requirements of the Colorado Water Quality Control Act(25- 8-101 et seq.,C.R.S.)and the Colorado Discharge Permit Regulations(61). Implementation of BMPs consistent with the provisions of the CDPS Stormwater Management Program and the other requirements in this permit constitutes compliance with the standard of reducing pollutants to the MEP. The permittee's CDPS Stormwater Management Program must include the six program areas,including Measurable Goals, described below. Implementation of the pernrittee's CDPS Stormwater Management Program as described in the application is required to begin within 30 days after the completed application is submitted,or by April 9,2003,whichever is later. Measurable Goals for each of the program areas must include,as appropriate,the months and years by which the permittee will undertake required actions,including interim milestones and the frequency of the action. Measurable Goals must be continued until each program area has been fully developed and implemented. A staged implementation is allowed. The permittee must fully develop and implement the CDPS Stormwater Management Program as discussed in Part I.B of the permit,by March 9,2008. At a minimum,the program areas must be developed and implemented at a relatively steady rate over the initial permit term,to the MEP. The Division may grant a waiver allowing the permittee to have their programs partially completed by March 9,2008 only if the permittee is designated by the Division(as requiring permit coverage)after September 9,2003. PARTI Page 6 Permit No.COR-090000 B._ CDPS STORMWATER MANAGEMENT PROGRAM The permittee must develop and maintain a written record detailing the various components of the CDPS Stormwater Management Program. Program elements used to meet the requirements of the stormwater management program areas, as described in subsection a of Items 1 through 6 below,must be included in the record as they are implemented. Descriptions listed in subsection b of Items 1 through 6 below should be recorded as part of the development process prior to implementation for all program area elements that are implemented following application submittal. The Division reserves the right to require that the information,or similar information, listed in subsection b of Items 1 through 6,be developed and submitted for any program area elements,in order to determine program adequacy(see Part I.D.3). 1. Public Education and Outreach on Stormwater Impacts a) The pennittee must implement a public education program to: 1) distribute educational materials to the community or conduct equivalent outreach activities about the impacts of stormwater discharges on water bodies and the steps that the public can take to reduce pollutants in stormwater runoff;and 2) inform businesses and the general public of impacts associated with illegal discharges and improper disposal of waste. b) The program area should include descriptions of: _ 1) how the pennittee plans to inform individuals and households about the impacts of stormwater pollution and steps they can take to reduce it; 2) the target audiences for the education program who are likely to have significant stormwater impacts (including commercial,industrial and institutional entities)and why those target audiences were selected; 3) the target pollutant sources the program area is designed to address; 4) the permittee's outreach strategy,including the mechanisms(workshops,media,brochures,etc.)to be used to the reach the target audiences,and how many people are expected to be reached over the permit term;and 5) what position or functional unit is responsible for overall management and implementation of this program area. 2. Public Involvement/Participation a) The permittee must,at a minimum,comply with State and local public notice requirements when implementing the CDPS Stormwater Management Programs required under the permit. Notice of all public hearings should be published in a community publication or newspaper of general circulation,to provide opportunities for public involvement that reach a majority of citizens through the notification process. b) The program area should include descriptions of: 1) how the permittee will involve the public in the development and implementation of the CDPS Stormwater Management Program; 2) the target audiences for the public involvement program. The permittee is encouraged to actively involve all potentially affected stakeholder groups,including commercial and industrial businesses,trade associations, environmental groups,homeowners associations,and educational organizations,among others; 3) the types of public involvement activities included in the program;and 4) what position or functional unit is responsible for overall management and implementation of this program area. PART I Page 7 Permit No.COR-090000 B. CDPS STORMWATER MANAGEMENT PROGRAM - 3. Illicit Discharge Detection and Elimination The permittee must develop,implement and enforce a program to detect and eliminate illicit discharges into the permittee's MS4. a) The permittee must: 1) Develop a storm sewer system map,showing the location of all municipal storm sewer outfalls and the names and location of all state waters that receive discharges from those outfalls; 2) To the extent allowable under State or local law,effectively prohibit,through ordinance or other regulatory mechanism,non-stormwater discharges into the storm sewer system,and implement appropriate enforcement procedures and actions; 3) Develop and implement a plan to detect and address non-stormwater discharges,including illicit discharges and illegal dumping,to the system. The plan must include the following three components: procedures for locating priority areas likely to have illicit discharges;procedures for tracing the source of an illicit discharge; and procedures for removing the source of the discharge;and 4) Address the following categories of non-stormwater discharges or flows(i.e.,illicit discharges)only if the permittee identifies them as significant contributors of pollutants to the permittee's MS4: landscape irrigation,lawn watering,diverted stream flows,irrigation return flow,rising ground waters,uncontaminated ground water infiltration(as defined at 40 CFR 35.2005(20)),uncontaminated pumped ground water, springs, flows from riparian habitats and wetlands,water line flushing,discharges from potable water sources, foundation drains,air conditioning condensation,water from crawl space pumps,footing drains, individual residential car washing,dechlorinated swimming pool discharges,and street wash water(discharges or flows from fire fighting activities are excluded from the effective prohibition against non-stormwater and need only be addressed where they are identified as significant sources of pollutants to state waters). The permittee may also develop a list of occasional incidental non-stormwater discharges similar to those in the above paragraph,(e.g.,non-commercial or charity car washes,etc.)that will not be addressed as illicit discharges.These non-stormwater discharges must not be reasonably expected(based on information available to the permittee)to be significant sources of pollutants to the MS4,because of either the nature of the discharges or conditions the permittee has established for allowing these discharges to the MS4(e.g.,a charity car wash with appropriate controls on frequency,proximity to sensitive waterbodies,BMPs on the wash water,etc.).The permittee must document in their program any local controls or conditions placed on the discharges. The permittee must include a provision prohibiting any individual non-stormwater discharge that is determined to be contributing significant amounts of pollutants to the MS4. The Division reserves the right to request documentation or further study of a particular non-stormwater discharge of concern,to require a reasonable basis for allowing the non-stormwater discharge and excluding the discharge from the permittee's program,and to require inclusion of the discharge in the permittee's program,if water quality concerns can not otherwise be reasonably satisfied. b) The program area should include descriptions of: 1) the mechanism to be used to effectively prohibit illicit discharges into the MS4; 2) the permittee's plan to detect and address illicit discharges to their system,including discharges from illegal dumping and spills. The description must address the following,at a minimum: i) how priority areas will be determined,including areas with higher likelihood of illicit connections; ii) what specific techniques,including education of municipal staff, will be used to detect the source of an illicit discharge;and PART I Page 8 Permit No.COR-090000 B. CDPS STORMWATER MANAGEMENT PROGRAM iii) what specific procedures will be used for removing the source of the illicit discharge;and 3) • what position or functional unit is responsible for overall management and implementation of this program area. 4. Construction Site Stormwater Runoff Control a) The permittee must: I) Develop,implement,and enforce a program to reduce pollutants in any stormwater runoff to the MS4 from construction activities that result in a land disturbance of greater than or equal to one acre. Reduction of pollutants in stormwater discharges from construction activity disturbing less than one acre must be included in the program if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more. If the Division waives requirements for stormwater discharges associated with a small construction activity in accordance with 61.3(2)(O(ii)(B),the permittee is not required to develop, implement,and/or enforce its program to reduce pollutant discharges from such a site. 2) Develop and implement the program to assure adequate design,implementation,and maintenance of BMPs at construction sites within the MS4 to reduce pollutant discharges and protect water quality.The program must include,at a minimum,the development and implementation of: i) An ordinance or other regulatory mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance,to the extent allowable under State or local law; ii) Requirements for construction site operators to implement appropriate erosion and sediment control BMPs; iii) Requirements for construction site operators to control waste such as discarded building materials, concrete truck washout,chemicals,litter,and sanitary waste at the construction site that may cause adverse impacts to water quality; iv) Procedures for site plan review which incorporate consideration of potential water quality impacts; v) Procedures for receipt and consideration of information submitted by the public; vi) Procedures for site inspection and enforcement of control measures,and vii) An education and training program for municipalities,their representatives and/or construction contractors. At a minimum,the program must include an information program for construction site operators unfamiliar with the reviewing authority's regulatory requirements. b) The program area should include descriptions of: 1) The permittee's plan to ensure compliance with erosion and sediment control regulatory mechanism, including the sanctions and enforcement mechanisms they will use to ensure compliance; 2) the procedures to be used when the permittee uses certain sanctions. Possible sanctions include non- monetary penalties(such as stop work orders),fines,bonding requirements,and/or permit denials for noncompliance; 3) procedures for site plan review,including the review of pre-construction site plans, which incorporate consideration of potential water quality impacts; 4) if applicable,the procedures for determining if certain sites with low potential for stormwater impacts will receive less extensive site plan review,and the rationale for how the permittee will determine that site plan review is not needed to protect water quality; PART I Page 9 Permit No.COR-090000 B. CDPS STORMWATER MANAGEMENT PROGRAM 5) the procedures for site inspection and enforcement of control measures,including how it will be determined which sites will receive what nature of inspection,and at what frequency;and 6) what position or functional unit is responsible for overall management and implementation of this program area. 5. Post-Construction Stormwater Management in New Development and Redevelopment _ a) The permittee must develop,implement,and enforce a program to address stormwater runoff from new development and redevelopment projects that disturb greater than or equal to one acre,including projects less than one acre that are part of a larger common plan of development or sale,that discharge into the MS4. The program must ensure that controls are in place that would prevent or minimize water quality impacts. The permittee must: 1) Develop and implement strategies which include a combination of structural and/or non-structural BMPs appropriate for the community; 2) Use an ordinance or other regulatory mechanism to address post-construction runoff from new development and redevelopment projects to the extent allowable under State or local law; 3) Ensure adequate long-term operation and maintenance of BMPs; 4) Develop and implement procedures to determine if the BMPs required under Item 1,above,are being installed according to specifications. (This may be developed in conjunction with the Construction program area,as described in Part I.B.4);and 5) Develop and implement an enforcement program,which addresses appropriate responses to common noncompliance issues. b) The program area should include descriptions of: 1) how the permittee plans to ensure the long-term operation and maintenance(O&M)of the selected BMPs., including: i) how the permittee plans to track the location of and adequacy of operation of long-term BMPs implemented in accordance with the program; ii) how the permittee plans to enforce the requirements for other parties to maintain BMPs,if applicable; and 2) what position or functional unit is responsible for overall management and implementation of this program area. 6. Pollution Prevention/Good Housekeeping for Municipal Operations a) The permittee must develop and implement an operation and maintenance program that includes an employee training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations.The program must also inform public employees of impacts associated with illegal discharges and improper disposal of waste from municipal operations.The program must prevent and/or reduce stormwater pollution from facilities such as streets,roads,highways,municipal parking lots,maintenance and storage yards, fleet or maintenance shops with outdoor storage areas,salUsand storage locations and snow disposal areas operated by the permittee,and waste transfer stations,and from activities such as park and open space maintenance,fleet and building maintenance,street maintenance,new construction of municipal facilities,and stormwater system maintenance,as applicable. PART Page 10 Permit No.COR-090000 • B. CDPS STORMWATER MANAGEMENT PROGRAM b) The program area should include descriptions of: 1) the operation and maintenance program to prevent or reduce pollutant runoff from the municipal operations. The program must specifically list the municipal operations that are impacted by this operation and maintenance program. The program must also include a list of industrial facilities the permittee owns or operates that are subject to the State's general stormwater permits for discharges of stormwater associated with industrial activity; 2) Any municipal employee training program to be used to prevent and reduce stormwater pollution from municipal activities and facilities;and 3) what position or functional unit is responsible for overall management and implementation of this program area. C. OTHER TERMS AND CONDITIONS 1. General Limitations The following limitations shall apply to all discharges covered by this permit: a) No chemicals are to be added to the discharge for stormwater treatment unless percussion for the use of a specific chemical is granted by the Division. In granting the use of such chemicals,special conditions and monitoring may be addressed by separate letter. b) All dischargers must comply with the lawful requirements of municipalities,counties,drainage districts and other local agencies regarding any discharges of stormwater to storm drain systems or other water courses under their jurisdiction,including applicable requirements in municipal stormwater management programs developed to comply with CDPS permits. Dischargers must comply with local stormwater management requirements,policies or guidelines including erosion and sediment control. 2. Releases in Excess of Reportable Quantities This permit does not relieve the permittee of the reporting requirements of 40 CFR 110,40 CFR 117 or 40 CkR 302. Any discharge of hazardous material must be handled in accordance with the Division's Notification Requirements(see Part H.B.1 of the permit). 3. CDPS Stormwater Management Program Records Availability All CDPS Stormwater Management Program records required under this permit are considered reports that shall be available to the public under Section 308(b)of the CWA. The operator of a facility with stormwater discharges covered by this permit shall make their CDPS Stormwater Management Program available to members of the public upon request. However,the permittee may claim any portion of a CDPS Stormwater Management Program as confidential in accordance with 40 CFR Part 2. 4. Resources The permittee shall provide finances,staff,equipment,and support capabilities to implement the CDPS Stormwater Management Program to the MEP. 5. TMDLs If a TIADL has been approved for any waterbody into which the permittee discharges,and it has been determined that the types of stormwater discharges covered under this permit are or have the potential to be identified as a significant source of the pollutant in question,the permittee will be notified by the Division. The permittee will be required to: PART I Page 11 Permit No. COR-090000 C. OTHER TERMS AND CONDITIONS a) under the CDPS Stormwater Management Program,implement specific management practices based on requirements of the TMDL, and evaluate whether the requirements-are being met through implementation of existing stormwater BMPs or if additional BMPs are necessary. Document the calculations or other evidence that shows that the requirements,including any specific pollutant wasteload allocations(WLAs),are expected to be met; b) if the evaluation shows that additional or modified BMPs are necessary,describe the type and schedule for the BMP additions/revisions. A description of the CDPS Stormwater Management Program changes shall be included with the next Annual Report. The permittee may maintain coverage under the general permit provided they comply with the applicable requirements outlined above. The Division reserves the right to require individual or alternate general permit coverage. 6. Special Provisions for Non-Standard MS4s For Non-Standard MS4s,the permittee's CDPS Stormwater Management Program must contain all six program areas as outlined in Part I.B of the permit. However,in cases where a program area,or components thereof,may not be relevant to the permittee due to legal restrictions under state or local law,or the nature of the district,the MS4's permit application(or amendment as per Part I.D.2)should include a detailed description of the basis for curtailing any of the program areas. 7. Implementation by Other Parties Implementation of one or more of the program area elements may be shared with another entity,or the other entity may fully take over implementation of the element(s).The pernittee may rely on another entity for implementation only if: a) The other entity,in fact,implements the element(s); b) The particular element(s)is at least as stringent as the corresponding permit requirement;and c) The other entity agrees to implement the control measure on the permittee's behalf. Written acceptance of this obligation is expected.This obligation must be maintained as part of the description of the permittee's CDPS Stormwater Management Program The permittee remains liable for ensuring that all requirements of this permit are complied with,regardless of who implements the element(s). 8. Monitoring The Division reserves the right to require water quality sampling and testing,on a case-by-case basis. Monitoring may also be required if a stormwater-based TMDL and WLA have been put into place for any waterbody into which the permittee discharges. D. PROGRAM REVIEW AND MODIFICATION 1. Division Review of Programs and Reports Any programs or reports that are prepared as a condition of this permit and are required to be submitted to the Division for review are subject to the following deadlines. a) Within 180 days of the submittal,or a later date agreed to by the permittee,the Division shall notify the permittee that the program or report is acceptable or that it does not meet one or more of the minimum requirements of this permit. Such notification shall identify which provisions of the submittal,if any,require modification. PART I Page 12 • Permit No.COR-090000 D. PROGRAM REVIEW AND MODIFICATION b) Within 30 days of such notification from the Division,or a later date agreed to by the Division,the permittee shall make the required changes and re-submit the program or report. c) If the Division notifies the permittee that a submittal is unacceptable,the Division may grant the permittee permission to extend schedules,deadlines and Measurable Goals that may be affected by the resulting delays in implementation,in accordance with Part I.D.2.a.3 of this permit. CDPS Stormwater Management Program and program element descriptions and Measurable Goals as submitted by the permittee,once accepted by the Division,shall become enforceable conditions under this permit. 2. CDPS Stormwater Management Program and Measurable Goals Modification a) Pertnittee-Initiated Changes 1) The permittee shall amend the program whenever there is a change in design,construction,operation,or maintenance which has a significant effect on the potential for the discharge of pollutants to the waters of the State,or if one or more elements of the CDPS Stormwater Management Program proves to be ineffective in achieving the general objectives of controlling pollutants in MS4 stormwater discharges. 2) Changes adding(but not subtracting or replacing)components,controls, or requirements to the CDPS Stormwater Management Program and/or Measurable Goals may be made at any time. Such changes shall be summarized in the following Annual Report. 3) Significant changes that involve replacing or deleting an ineffective or unfeasible BMP specifically identified in the CDPS Stormwater Management Program,or a Measurable Goal with an alternate BMP/Goal must be submitted to the Division for review prior to implementation. This includes changes to BMPs that have been proposed in the application/Annual Reports but not yet implemented. Unless denied by the Division,changes proposed in accordance with the criteria below shall be deemed acceptable and may be implemented 60 days after submittal of the request,or upon acceptance by the Division,whichever is sooner. If the request is denied,the Division will send a written response giving a reason for the decision.The modification request must include: i) a description of the replacement BMP/Goal; ii) an analysis of why the replacement BMP/Goal is expected to achieve the goals of the original BMP/Goal; iii) an implementation schedule and any other relevant Measurable Goal;and iv) certification and signature requirements in accordance with Part I.G.1. b) Division-Initiated Changes The Division may require changes to the CDPS Stormwater Management Program as needed to: 1) address negative impacts on quality of state waters caused,or contributed to,by discharges from the MS4; 2) include more stringent requirements necessary to comply with new Federal statutory or regulatory requirements;and/or 3) include such other conditions deemed necessary by the Division to comply with the goals and requirements of the Clean Water Act,the Colorado Discharge Permit Regulations,and this permit. Changes requested by the Division will be made in writing,set forth the time schedule for the permittee to develop the changes,and offer the permittee the opportunity to propose alternative program changes to meet the objective of the requested modification. PART I Page 13 Permit No.COR-090000 D. PROGRAM REVIEW AND MODIFICATION 3. Demonstration of Adequacy The Division reserves the right to request submittal of additional information on the adequacy of the proposed programs/measurable goals to determine whether or not the CDPS Stormwater Management Program,or program elements,have been designed to reduce the discharge of pollutants from the permittee's MS4 to the MEP,to protect water quality,and to satisfy the appropriate water quality requirements of the Colorado Water Quality Control Act(25-8- 101 et seq.,C.R.S.)-and the Colorado Discharge Permit Regulations(61). 4. Annual Program Review The pemittee shall conduct an annual review of the current program areas in conjunction with preparation of the Annual Report required under Part I.E. This annual review shall include: a) A review of the CDPS Stormwater Management Program compliance status with any schedules and other Measurable Goals established under the Program; b) An assessment of the effectiveness of controls established by the Program;and c) An assessment of any program modifications needed. E. REPORTING REQUIREMENTS-ANNUAL REPORT The permittee shall prepare an annual system-wide report to be submitted by March 10 of each year,covering January 1 through December 31 of the previous year. The first report may include less than twelve months of information,unless otherwise indicated in the certification. An Annual Report form shall be provided by the Division. The report shall include the following sections: I. The implementation status of each of the program areas within the CDPS Stormwater Management Program,including a brief summary of the CDPS Stormwater Management Program elements that have been changed or further refined since the previous report or the permit application,and status of achieving the Measurable Goals for each of the program areas; 2. A review of the pertnittee's overall compliance with permit conditions,including an assessment of the appropriateness of the identified BMPs and progress towards achieving the statutory goal of reducing the discharge of pollutants to the MEP; 3. Results of information collected and analyzed,if any,during the reporting period,including monitoring data used to assess the success of the program at reducing the discharge of pollutants to the MEP; 4. A summary of the stormwater activities the permittee plans to undertake during the next reporting cycle(including an implementation schedule); 5. Proposed changes to the CDPS Stormwater Management Program,including changes to any BMPs or any identified Measurable Goals that apply to the program elements(see Part I.B and I.D); 6. Notice,if not included in previous reports or application,that the permittee is relying on another government entity to satisfy some of their permit obligations(if applicable); 7. An update on areas added to the MS4 due to annexation or other legal means;and 8. A summary of the number and nature of enforcement actions and inspections performed for the various program areas. The Division reserves the right to require additional information in the report,on a case-by-case basis,as needed. PART I Page 14 Permit No. COR-090000 E. REPORTING REQUIREMENTS-ANNUAL REPORT A completed and signed copy of the above report form shall be submitted to the following address: Colorado Department of Public Health&Environment Water Quality Control Division WQCD-P-82—Stormwater Program 4300 Cherry Creek Drive South Denver,Colorado 80246-1530 F. DEFINITIONS The definitions below are intended strictly for clarification purposes,and may not contain the full legal definition as per regulation. For the purposes of this permit: 1. Best Management Practices(BMPs): schedules of activities,prohibitions of practices,maintenance procedures,and other management practices to prevent or reduce the pollution of waters of the State. BMPs also include treatment requirements,operating procedures,and practices to control site runoff,spillage or leaks,waste disposal,or drainage from material storage. 2. CDPS Stormwater Management Program: A program to manage the quality of stormwater discharges from an MS4 authorized to discharge under this permit,based on the six program areas as outlined in Part I.B of this permit. 3. Illicit Discharge:any discharge to a municipal separate storm sewer that is not composed entirely of stormwater except discharges specifically authorized by a CDPS permit, and discharges resulting from fire fighting activities. Certain non- stormwater or illicit discharges do not need to be addressed by the permit(see Part I.B.3.a.4),provided that the conditions outlined under Part I.B.3.a are met. 4. MS4: a municipal separate storm sewer system. 5. Municipal Separate Storm Sewer System:a conveyance or system of conveyances(including:roads with drainage systems,municipal streets,catch basins,curbs,gutters,ditches,man-made channels,or storm drains),owned or operated by a State,city,town,county, district,or other public body(created by state law),having jurisdiction over disposal of sewage,industrial waste,stormwater,or other wastes;designed or used for collebting or conveying stormwater. 6. Municipality: a city,town,county,district,association,or other public body created by or under State law and having jurisdiction over disposal of sewage,industrial wastes,or other wastes,or a designated and approved management agency under section 208 of the federal Clean Water Act. 7. Non-Standard MS4s: publicly-owned systems similar to separate storm sewer systems in cities and counties,including, but not limited to,systems at military bases and large education,hospital or prison complexes. 8. Non-Stormwater Discharges: Any discharge to an MS4 that is not composed entirely of stormwater. See definition for Illicit Discharge. 9. Operator: the person or entity who is responsible for operation and maintenance of the MS4. 10. Outfall: the point where a municipal separate storm sewer discharges to state waters. 11. Point Source: any discernible, confined and discrete conveyance from which pollutants are or may be discharged. Point source discharges of stormwater result from structures which increase the imperviousness of the ground which acts to collect runoff,with runoff being conveyed along the resulting drainage or grading pattern. 12. Process Water: any water which during manufacturing or processing,comes into contact with or results from the production of any raw material,intermediate product,finished product,by product or waste product. This definition includes mine drainage. PART I Page 15 Permit No.COR-090000 F. DEFINITIONS - 13. Significant Materials include but are not limited to: raw materials;fuels;materials such as metallic products;hazardous substances designated under section 101(14)of CERCLA;any chemical the facility is required to report pursuant to section 313 of title HI of SARA;fertilizers;pesticides;and waste products such as ashes,slag and sludge that have the potential to be released with stormwater discharge. 14. Stormwater: stormwater runoff,snow melt runoff,and surface runoff and drainage. 15. Urbanized Area: contiguous,densely settled census block groups and census blocks that meet minimum population density requirements, along with adjacent densely settled census blocks that together encompass a population of at least 50,000 people. Urbanized area boundaries are determined by the latest Decennial Census by the U.S.Bureau of the Census. 16. Waters of the State of Colorado(State waters): any and all surface waters that are contained in or flow in or through the state of Colorado. This definition includes all water courses,even if they are usually dry. For the purposes of this permit only,water courses do not include those conveyances that are strictly a part of an MS4. G. GENERAL REQUIREMENTS I. Signatory Requirements a) All reports required for submittal shall be signed and certified for accuracy by the permittee in accordance with the following criteria: 1) 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; 2) In the case of a partnership,by a general partner; 3) In the case of a sole proprietorship,by the proprietor; 4) 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) Changes to authorization. If an authorization under paragraph a)of 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 paragraph a)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. c) Certification. Any person signing a document under paragraph a)of this section shall make the following certification: "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 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." 2. Retention of Records The permittee shall retain copies of the CDPS Stormwater Management Program and all reports required by this permit and records of all data used to complete the application to be covered by this permit,for a period of at least three years from the date that the specific item is no longer being actively utilized for stormwater management. The period may be extended by request of the Division at any time. PART II Page 16 Permit No. COR-090000 • PART II A. PERMITTEE RESPONSIBILITIES 1. Duty To Comply The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Water Quality Control Act and is grounds for enforcement action; for permit termination,revocation and reissuance or • modification;or denial of a permit renewal application. Violation of the terms and conditions specified in this permit may be subject to civil and criminal liability pursuant to C.R.S. 25-8-601 through 612 and the Federal Clean Water Act. 2. Minimization of Adverse Impact The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or environment. 3. Proper Operation and Maintenance The permittee shall at all times properly implement the six program areas,as described in Part I.B of the permit,to the maximum extent practicable to achieve compliance with the conditions of this permit. Proper implementation includes effective performance,adequate funding,and adequate operator staffing and training. 4. Reduction,Loss,or Failure of Treatment Facility 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. 5. Inspections and Right to Entry The permittee shall allow the authorized representative(s)the Water Quality Control Division and/or the EPA Regional Administrator,upon the presentation of credentials: a) To enter upon the permittee's premises where a regulated MS4 or activity is located or in which any records are required to be kept under the terms and conditions of this permit; b) Atreasonable 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 noncompliance with any control regulation or any order promulgated by the Division. The investigation may include,but is not limited to,the following: sampling of any discharge,the taking of photographs,interviewing of any person having knowledge related to the discharge permit or alleged violation,and access to any and all facilities or areas within the permittee's jurisdiction that may have any effect on the discharge,permit,or alleged violation. The Division and/or EPA shall split samples taken by the Division and/or EPA during any investigation with the permittee if requested to do so by the permittee. 6. Duty to Reapply The permittee shall submit a permit renewal application at least one hundred eighty(180)days before this permit expires. PART II Page 17 Permit No. COR-090000 A. PERMITTEE RESPONSIBILITIES 7. 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 pennittee shall also furnish to the Division,upon request,copies of records required to be kept by this permit. B. NOTIFICATION,REPORTING AND ADMINISTRATIVE REQUIREMENTS 1. Noncompliance Notification a) If,for any reason,the permittee does not comply with or will be unable to comply with any permit limitations, standards or permit requirements specified in this permit,the permittee shall,at a minimum,provide the Water Quality Control Division with the following information: 1) A description and cause of noncompliance; 2) The period of noncompliance,including exact dates and times and/or the anticipated time when the permittee will return to compliance;and 3) Steps being taken to reduce,eliminate,and prevent recurrence of the noncomplying activity. b) The permittee shall report the following instances of noncompliance orally within twenty-four(24)hours from the time the permittee becomes aware of the noncompliance,and shall mail to the Division a written report within five (5)working days after becoming aware of the noncompliance(unless otherwise specified by the Division): I) Any instance of noncompliance,which may endanger health or the environment; c) The permittee shall report all other instances of noncompliance to the Division within 30 days. The reports shall contain the information listed in sub-paragraph(a)of this section. 2. Availability of Reports Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and Regulations for the State Discharge Permit System 61.5(4),all reports prepared and submitted in accordance with the terms of this permit shall be available for public inspection at the offices of the Water Quality Control Division. As required by the Federal Clean Water Act,monitoring data shall not be considered confidential. 3. Submission of Incorrect or Incomplete Information a) Where the permittee becomes aware that it failed to submit any relevant facts in a permit application,or submitted incorrect information in a permit application or report to the Division,the pennittee shall promptly submit the relevant information which was not submitted or any additional information needed to correct any erroneous information previously submitted. b) Knowingly making false statements 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. C. MODIFICATION OR TERMINATION OF PERMITS 1. The filing of a request by the permittee for a permit modification,termination,revocation and reissuance,inactivation or a notification of planned changes or anticipated noncompliance,does not stay any permit condition. 2. All permit modification,termination or revocation and reissuance actions shall be subject to the requirements of the State Discharge Permit System Regulations,Sections 61.5(2),61.5(3),61.7 and 61.15,5 C.C.R. 1002-61,except for minor modifications. PART II Page 18 Permit No. COR-090000 C. MODIFICATION OR TERMINATION OF PERMITS _ 3. This permit or certification under the 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: a) Violation of any terms or conditions of the permit; b) 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 c) Materially false or inaccurate statements or information in the permit application or the permit. d) 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. 4. This permit may be modified in whole or in part for the following causes,provided that such modification complies with the provisions of 5 CCR 1002-61 Sec. 61.10 regarding antibacksliding: a) The Division has received new information which was not available at the time of permit issuance(other than revised regulations or guidance)and which would have justified the application of different permit conditions at the time of issuance. b) 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: 1) EPA has revised,withdrawn, or modified that portion of the regulation on which the permit condition was based,or has approved a Commission action with respect to the regulation on which the permit condition was based;or 2) For judicial decisions,a court of competent jurisdiction has remanded and stayed EPA promulgated regulations,if the remand and stay concerns that portion of the regulations or guidelines on which the permit condition was based and a request is filed within ninety(90)days of judicial remand. c) 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. D. CONSISTENCY WITH OTHER LAWS AND REGULATIONS 1. State Laws Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities,liabilities,or penalties established pursuant to any applicable State law or regulation under authority granted by Section 510 of the Clean Water Act. 2. Property Rights The issuance of this permit and certification under 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. 3. Oil and Hazardous Substance Liabilit' Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the perrnittee from any responsibilities,liabilities,or penalties to which the permittee is or may be subject under Section 311 (Oil and Hazardous Substance Liability)of the Clean Water Act. PART U Page 19 Permit No. COR-090000 D. - CONSISTENCY WITH OTHER LAWS AND REGULATIONS 4. Removed Substances Solids, sludges,or other pollutants removed in the course of maintenance on a stormwater facility shall be properly disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State. E. OTHER STANDARD CONDITIONS 1. Requiring an Individual CDPS Permit The Division may require any operator covered under this permit to apply for and obtain an individual CDPS permit if: a) the discharge is a significant contributor of pollutants;or b) the discharge is not in compliance with the conditions of the general permit. The operator must be notified in writing that an application for an individual CDPS permit is required. When an individual CDPS permit is issued to an operator otherwise covered under this General Permit,the applicability of the general permit to that operator is automatically inactivated upon the effective date of the individual CDPS permit. 2. 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. 3. Fees The permittee is required to submit payment of an annual fee as set forth in the Water Quality Control Act,Section 25-8-502(1)(b)as amended. Failure to submit the required fee when due and payable is a violation of the permit and shall result in enforcement action pursuant to Section 25-8-601 et.seq.,C.R.S. 1973 as amended. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Water Quality Control Division WQCD-P-B2 4300 Cherry Creek Drive South Denver, Colorado 80246-1530-- RATIONALE STORMWATER DISCHARGES ASSOCIATED WITH MUNICIPAL SEPARATE STORM SEWER SYSTEMS(MS4s) GENERAL PERMIT IN COLORADO COLORADO DISCHARGE PERMIT NUMBER COR-090000 PART CONTENTS PAGE I. Introduction I IL Background I III. Storm water Discharges Associated with Small MS4s 2 IV Application and Certification 3 V Terms and Conditions 3 A. CDPS Storm water Management Program 3 B. Measurable Goals 5 C. Applicability 6 D. Ordinances 6 E. Implementation by Other Parties 6 F. Monitoring 7 G. Modification 7 H TMDLs 7 I Annual Program Review 7 .1 Annual Report 7 K. Annual Fees 8 L. Duration of Permit 8 VI. Changes Made After Public Notice 8 L INTRODUCTION This is a municipal stormwater discharge permit which authorizes the discharge of stormwater from regulated small municipal separate storm sewer systems(MS4s). The permit is intended to authorize discharge of stormwater even as jurisdictional boundaries change through the life of the permit This Rationale will explain the background of the Storm water program, which entities are covered under this permit, how to apply for coverage under this permit, and what the permit requirements are. II. BACKGROUND The Environmental Protection Agency(EPA)requires that discharges from regulated small municipal separate storm sewer systems(MS4s)must be covered under the National Pollutant Discharge Elimination System (NPDES)program. (Note: The Colorado program is referred to as the Colorado Discharge Permit System, or CDPS, instead of NPDES). The Water Quality Control Division ("the Division)has stormwater regulations(5CCR 1002-61) in place. These regulations require specific MS4s to obtain a CDPS permit for such discharges. A. Permit Requirements The narrative requirements require dischargers to reduce the discharge ofpollutants from their MS4 to the maximum extent practicable(MEP), to protect water quality, and to satisfy the appropriate water quality requirements of the Colorado Water Quality Control Act(25-8-101 et seq., C.R.S.)and the Colorado Discharge Permit Regulations (61.0)through the ISSUED: February 7, 2003 EFFECTIVE: March 10, 2003 EXPIRATION: March 9, 2008 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale-Page 2. Permit No. COR-090000 IL BACKGROUND(cant.) development and implementation of a CDPS Stormwater Management Program. The management program must include program areas covering Public Education and Outreach, Public Involvement/Participation, Illicit Discharge Detection and Elimination, Construction Site Stormwater Runoff Control, Post-Construction Stormwater Management in New Development and Redevelopment, and Pollution Prevention/Good Housekeeping for Municipal Operations. Implementation of a CDPS Stormwater Management Program in accordance with part LB of the permit will constitute compliance with MEP. It is believed that Best Management Practices (BMPs)are all that will be necessary to control water quality impacts. If the Division determines that additional requirements are necessary beyond what can be required under this permit, they may be imposed as follows: 1)at the renewal of this general permit; or 2)through issuance of an alternative general permit; or 3) through an individual permit, if the issue is site specific. Maximum extent practicable(MEP) is the statutory standard that establishes the level of pollutant reductions that operators of regulated MS4s must achieve. The Federal Clean Water Act(CWA)requires that NPDES permits for discharges from MS4s "shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques and system, design and engineering methods. " The Division has intentionally not provided a precise definition of MEP, in order to allow maximum flexibility in MS4 permitting. MS4s need the flexibility to optimize reductions in stormwater pollutants on a location-by-location basis. The pollutant reductions that represent MEP may be different for each small MS4, given the unique local concerns that may exist and the d ffei ing possible pollutant control strategies. Therefore, each permittee will determine appropriate BMPs to satisfy each of the six program areas through an evaluative process. The Division may evaluate permittees'proposed stormwater BMPs to determine whether reduction of pollutants to the MEP can be achieved with the identified BMPs(see Part I.D of the permit). Based on EPA's discussion in the preamble of the federal Phase II regulation, the Division envisions application of the MEP standard as an iterative process. MEP should continually adapt to current conditions and BMP effectiveness, and must strive to protect water quality and satisfy the appropriate water quality requirements of the Colorado Water Quality Control Act(25-8-101 et seq., C.R.S.)and the Colorado Discharge Permit Regulations(61.0). Successive iterations of the mix of BMPs will be driven by this objective. If after implementing the six program areas(see Section VA of the rationale), there is still water quality impairment associated with discharges from the MS4, the permittee will need to expand or better tailor its BMPs within the scope of the six program areas, as per the standard of MEP. This process may involve more than one permit term. B. Violations/Penalties Dischargers of stormwater from regulated small MS4s, as defined in the Colorado Discharge Permit Regulations(61.0) which do not obtain coverage under this or other Colorado general permits, or Under an individual CDPS permit, will be in violation of the Colorado Water Quality Control Act, 25-8-101. For facilities covered under a CDPS permit,failure to comply with any CDPS permit requirement constitutes a violation. Civil penalties for violations of the Act or CDPS permit requirements may be up to$10,000 per day. Criminal pollution of State waters is punishable by fines of up to$25,000 per day. HI. STORMWATER DISCHARGES ASSOCIATED WITH SMALL MS4s A. Types of Municipalities Covered This permit is intended to cover new or existing discharges composed entirely ofstormwater from MS4s required by State regulation to obtain a permit. This permit is not intended to cover the discharge of stormwater from MS4s that have been designated by the Division as requiring coverage under an alternative general permit or an individual permit. At the time of issuance, this includes MS4s that discharge to the Cherry Creek Reservoir Watershed and MS4s designated under the Phase 1 stormwater regulations. In addition, this permit is not intended to cover discharges ofstormwater from Federal facilities and Indian lands,for which the Division does not currently have NPDES delegation. The criteria for permit coverage are contained in the Colorado Discharge Permit Regulations(61.3 (2)09(v)(A)), and are summarized below. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale-Page 3. Permit No. COR-090000 HI.STORMWATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY(cant) 1. Mandatory permit coverage: Municipalities in urbanized areas as defined by the United States Census Bureau. Urbanized areas are, in general, contiguous, densely settled census block groups and census blocks that meet minimum population density requirements, along with adjacent densely settled census blocks that together encompass a population of at least 50,000 people. 2. State must evaluate for permit coverage: Municipalities with population from 10,000 to 50,000, that are outside of an urbanized area, and have a population density of at least 1000 per square mile. The following designation criteria are applied: -discharge to sensitive waters -high growth or growth potential -size of population and population density -contiguity to an urbanized area -significant contributor of pollutants to State waters -adequacy of existing stormwater quality control programs 3. State must designate as needing permit coverage: Any municipality outside an urbanized area, whose MS4 contributes substantially to stormwater pollutant loading of a regulated(Le., under a permit),physically connected municipality. 4. State can evaluate forpermit coverage: Any municipality under 10,000 population, with less than 1000 population/square mile, and outside an urbanized area. The definition of an MS4 which requires coverage can also include publicly owned storm sewer systems at military bases, schools, hospital or prison complexes, and highways and other thoroughfares, if they are within an urbanized area. These MS4s are defined as Non-Standard MS4s. IV. APPLICATION AND CERTIFICATION Certification under the permit requires submittal of an application. Upon receipt of all required information, the Division may allow or disallow coverage under the general permit. See Part LA.6 of the permit for an outline of the applicable time frames. By March 10,2003, or within 180 days of Division notification, whichever is later, the operator of the MS4 shall submit an application form as provided by the Division. (The Division retains the right to grant permission for a later date upon good cause shown) Refer to Part LA.5.6 of the permit for a description of what must be included in an application for coverage under this permit. If this general permit is applicable, then a certification will be developed and the applicant will be certified under this general permit. V. TERMS AND CONDITIONS OF PERMIT Every permit issued as part of the Colorado Discharge Permit System is required to contain terms and conditions that the Division determines to be necessary to ensure compliance with applicable control regulations and the State and Federal Clean Water Acts(Colorado Water Quality Control Act 25-8-503 (4)). There are no numeric effluent limitations included in this permit. Stormwater management requirements are the controls that are used in place of numeric limits to achieve reduction of pollutants in the stormwater discharges from small MS4s. The Division has determined that the terms and conditions discussed below are necessary to ensure the required compliance. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale-Page 4. Permit No. COR-090000 V. TERMS AND CONDITIONS OF PERMIT A. CDPS Stormwater Management Program: The permittee must develop, implement, and enforce a CDPS Stormwater Management Program designed to reduce the discharge of pollutants from their MS4 to the maximum extent practicable (MEP), to protect water quality, and to satisfy the appropriate water quality requirements of the Colorado Water Quality Control Act(25-8-101 et seq., C.RS.) and the Colorado Discharge Permit Regulations(61.0). Implementation of a CDPS Stormwater Management Program, as described below, and the other requirements in this permit constitutes compliance with the standard of reducing pollutants to the MEP. The Clean Water Act(40 CFR 122.34(a))and the Colorado Discharge Permit Regulations(61.8(11)(a)(i))require full development and implementation of the permittee's CDPS Stormwater Management Program within the first permit term (i.e., within five years of the date of permit issuance). In most cases, this will be required by March 9, 2008. However, the Division may grant a waiver allowing the permittee to have their program areas partially completed by March 9, 2008, but only if the permittee is designated by the Division(as requiring permit coverage)after September 9, 2003. The CDPS Stormwater Management Program is made up of six program areas(see below). The permittee's application must include a description of the program areas and accompanying Measurable Goals. The description must be detailed enough for the Division to determine the permittee's general strategy for complying with each of the required elements of the six program areas. Then, over the first permit term, the permittee must, at a minimum, develop and implement their CDPS Stormwater Management Program at a relatively steady rate. That is, it is not acceptable to delay the majority of the work involved in program development and implementation until near the end of the permit term. Early implementation is allowable and encouraged. The Division will monitor the rate of compliance via the permittee's Annual Reports(see Part LE of the Permit). _ In order to meet the standard of MEP, the steady rate of implementation should be applied to each program area individually. However, some permittees may be able to justify focusing on one or several program areas at a time, and leaving one or more program areas until later in the permit term, based on such factors as timing of cooperative efforts with other entities, maximizing staff utilization, etc. This will only be acceptable to the Division f it is clear from the program area descriptions and Measurable Goals that the later program area elements will not be compromised by the lack of sufficient time for full implementation. The permittee should also take into account the likelihood that unexpected delays may occur during the process of implementation. The Division assumes that in most cases, several years will be needed to adequately develop and implement each program area. For fully developed Construction and Post-Construction program areas, it is likely that the full permit term will be needed. During the permit term, the permittee must document details of the various components of the CDPS Stormwater Management Program. Program elements used to meet the requirements of the CDPS Stormwater Management Program areas, as described in subsection(a) of Parts LB.1-6 of the permit, must be included in the record as they are implemented The sections in the permit that describe the requirements for each of the six CDPS Stormwater Management Program areas (Sections LB.I—6 of the permit)each have two subsections, "a"and"b." The requirements listed in subsection "a"of each program area are the necessary program elements that must be completed to the MEP in order to comply with the requirements of this permit. Subsection "b"of each program area includes specific narrative information that should be recorded as part of the development process prior to implementation for all program area elements. The information in subsection "b"is not specifically intended to be included in the application. These descriptions may be necessary for the permittee to demonstrate to the Division that they have met the intent of the requirements of the Clean Water Act and the Colorado Discharge Permit System Regulations(61.0). Although this information is not required, the Division strongly recommends that the permittee develop and record this information as part of their program development. The Division reserves the right to require that the information, or similar information, listed in subsection b of Items 1 through 6, be developed and submitted for any program area elements, in order to determine program adequacy(see Part LD.3). 1. Public Education and Outreach on Stormwater Impacts The permittee must develop and implement a program to provide public education and outreach on stormwater impacts to business and the general public within their jurisdiction. 2. Public Involvement/Participation The permittee, must at a minimum, comply with State and local public notice requirements when implementing the CDPS Stormwater Management Programs areas required under this permit. However, additional measures to involve the public in development of the permittee's CDPS Stormwater Management Program are encouraged COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale-Page 5. Permit No. COR-090000 V. TERMS AND CONDITIONS OF PERMIT 3. Illicit Discharge Detection and Elimination The permittee must develop, implement and enforce a program to detect and eliminate illicit discharges into the permittee's MS4. This requires the permittee to: -Develop a storm sewer system map -Develop and implement an ordinance or other regulatory mechanism (see Section VD of the Rationale for a discussion of Ordinances.) -Develop and implement a plan to detect and address illicit discharges to the MS4. An Illicit Discharge is defined as any discharge to a municipal separate storm sewer that is not composed entirely of stormwater except the following: discharges specifically authorized by a CDPS permit, and discharges resulting from•om fire fighting activities. The permittee is required to address certain categories of illicit discharges only if the permittee identifies them as significant contributors of pollutants to the permittee's MS4. These categories are listed in Part LB.3.a.4 of the Permit. 4. Construction Site Stormwater Runoff Control The permittee must develop, implement, and enforce a program to reduce pollutants in any stormwater runoff to the MS4 from construction activities that result in a land disturbance of greater than or equal to one acre(or are part of a larger common plan of development). This requires the permittee to develop and implement the program to assure adequate design, implementation, and maintenance of BMPs at construction sites, including: -Developing and implementing an ordinance or other regulatory mechanism (see Section VD of the Rationale for a discussion of Ordinances). - -Requiring construction site operators to implement appropriate erosion and sediment control BMPs, and to control waste materials. -Developing and implementing procedures for site plan review, site inspections, receipt and consideration of information submitted by the public, and enforcement of control measures. -Developing and implementing a training program to, at a minimum, educate construction site operators unfamiliar with the reviewing authority's regulatory requirements. 5. Post-Construction Stormwater Management in New Development and Redevelopment The permittee must develop, implement, and enforce a program to address stormwater rune-from new development and redevelopment projects that result in a land disturbance of greater than or equal to.one acre(or are part of a larger common plan of development). The program must ensure that controls are in place that would prevent or minimize water quality impacts. The permittee must: -Develop and implement strategies which include a combination of structural and/or non-structural BMPs appropriate for the community and procedures to determine if the BMPs are being installed according to specifications. -Develop and implement an ordinance or other regulatory mechanism(see Section VD of the Rationale for a discussion of Ordinances). -Ensure adequate long-term operation and maintenance of BMPs. 6. Pollution Prevention/Good Housekeeping for Municipal Operations The permittee must develop and implement an operation and maintenance program that includes an employee training component and has the ultimate goal of preventing or reducing pollutant runofff om municipal operations. The program must also inform public employees of impacts associated with illegal discharges and improper disposal of waste from municipal operations. The permit includes a list offacilities and activities(Part LB.6.a)that must be included where applicable. The permittee must also include other facilities and activities that they own or operate that are similar to those listed B. CDPS Stormwater Management Program-Measurable Goals: Measurable goals are milestones in the development and implementation of the CDPS Stormwater Management Program areas. They will be used to determine program progress, and to assess compliance with the permit. Wherever possible, the goals should incorporate measures that may be linked to potential or actual environmental benefits derived from the program components. Measurable Goals for each of the program areas must include, as appropriate, the months and years by which the permittee will undertake required actions, including interim milestones and the frequency of the action. Measurable Goals must be continued until each program area has been fully developed However, Measurable Goals may also be part of the iterative process in program implementation, as discussed in Section ILA, above, and so may be necessary for some program areas well into the future. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale-Page 6. Permit No. COR-090000 V. TERMS AND CONDITIONS OF PERMIT If a program area will be fully developed and implemented before the end of the permit term, Measurable Goals for the remaining permit years(for that particular measure)may not be needed However, the Annual Report will still require a description of program status each year. In some cases, the MS4 operator may already have a program or segments of a program in place and functioning that meet the requirements of the regulation. In this case, Measurable Goals for those sections will not be needed, unless some existing segments need to be merged with new items. C. CDPS Stormwater Management Program Requirements— ity: In some cases,portions of the Construction and Post-Construction program areas may not be relevant to some permittees. For example, a school district may not have any construction activity in its jurisdiction other than its own, and thus not need a construction or post-construction program developed to include elements for oversight of other parties. Or a small, land-locked municipality may be entirely built out, with no new construction or redevelopment anticipated However, the regulation requires that all MS4 permittees have all six program areas. In these cases, there are several options. The MS4 may reach an agreement with the surrounding municipality wherein the surrounding municipality takes on responsibility for implementing the MS4's program area. In the above school district example, the larger municipality would agree to extend its construction and post-construction programs to any sites in the district that would need such coverage. Alternately, the MS4 could develop a standard or boilerplate program, but not assign any staff or resources to implement it. If a one-time situation arises where implementation is needed, a contractor could be hired. Note that the permittee retains full responsibility for carrying out the program areas as needed(see Section E of the Rationale). The MS4's permit application should include a detailed description of the basis for curtailing any of the program areas. D. COPS Stormwater Management Program—Ordinances: To the extent allowable under State or local law, ordinances(or other regulatory mechanisms) are required under the following sections: -Illicit discharge detection and elimination—to prohibit non-stormwater discharges into the storm sewer system, and implement appropriate enforcement procedures and actions -Construction site stormwater runoff control—to require erosion and sediment controls at construction sites, as well as sanctions to ensure compliance -Post-construction—to address post-construction runoJffrom new development and redevelopment projects, and sanctions to ensure compliance 1. Submittal of Ordinances: The Construction, Post-Construction and Illicit Discharge program areas require the development and implementation of ordinances(or equivalent regulatory mechanisms). Submittal of the actual ordinances is not a permit requirement. However,finalization of ordinances can be a lengthy process, and it is a good idea to make sure early in the process that the ordinances as proposed meet the intent of the permit. Therefore, the Division strongly advises permittees to submit draft versions of their ordinances(or a summary thereof)to the Division for review prior to finalization. 2. Legal Authority: If a Non-Standard municipality does not have legal authority to implement the ordinances required for the program areas listed above, they must still develop and implement the program areas to the Maximum Extent Practicable. In most cases, this would involve developing the other requirements of the program area so that they include procedures for relying on, and assisting another entity with legal authority in providing the necessary legal authority. The entity relied on with legal authority will most often be the city or county that the non-standard MS4 is located within. .E CDPS Stormwater Management Program—Implementation by Other Parties: Implementation of one or more of the program area elements may be shared with another entity, or the other entity may fully take over implementation of the element(s). The permittee remains liable for ensuring that all requirements of this permit are complied with, regardless of who implements the element(s). This responsibility includes, but is not limited to,protecting State waters, submittal of Annual Reports, other reporting requirements, and program review and updates. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale-Page 7. Permit No. COR-090000 V. TERMS AND CONDITIONS OF PERMIT F. Monitoring: Sampling and testing of stormwater for specific parameters is not required on a routine basis under this permit However, the Division reserves the right to require sampling and testing, on a case-by-case basis. If a stormwater-based TMDL and WLA have been put into place for any waterbody into which the permittee discharges, monitoring may also be required for discharges affecting that waterbody(see Section V.H of the Rationale below). G. CDPS Stormwater Management Program and Measurable Goals Modification: In most cases, the CDPS Stormwater Management Program will be significantly modified and added to during the first permit term. At the time of application, the CDPS Stormwater Management Program is only required to include a general description of the program elements that will be implemented(or already exist)for each of the CDPS Stormwater Management Program areas. Measurable Goals for each of the program areas must also be developed The application requirements are included in Part LA.5.b. of the Permit. The permittee will then have until March 9, 2008 to fully implement their CDPS Stormwater Management Program. When the permittee is further developing their CDPS Stormwater Management Program,following the strategy outlined at the time of application, or when the permittee adds additional components, controls, or requirements to the CDPS Stormwater Management Program and/or Measurable Goals, it is not necessary to notes the Division, beyond the requirements discussed for the Annual Report(Section J of the Rationale). However, the permittee must submit to the Division for review a summary of any significant changes that involve replacing or deleting an ineffective or unfeasible BMP specifically identified in the CDPS Stormwater Management Program or a Measurable Goal,prior to implementation. This includes changes to BMPs that have been proposed in the application/Annual Reports but not yet implemented. Instructions for submitting changes to the-Division are included in Part LD.2.a of the Permit. 1. Determining which changes need to be submitted: • Minor changes to program elements do not need to be submitted to the Division for review. In general, if the permittee is making a change that will significantly alter their CDPS Stormwater Management Program or Measurable Goals from information submitted to the Division in their application or Annual Report(or in information requested by the Division on these submittals), the change must be submitted Changes to information not already supplied to the Division(i.e., program specifics) do not need to be submitted 2. Determining the scope of the information submitted: The permittee must submit a general description of the new program element or Measurable Goal containing roughly equivalent level of detail as the original descriptions provided in the application. That is, the permittee must provide a general description detailed enough for the Division to determine the permittee's general strategy for complying with the CDPS Stormwater Management Program area element that the BMP or Measurable Goal is associated with. In addition, the permittee must provide an analysis of why the replacement BMP/Goal is expected to achieve the goals of the original BMP/Goal, and an implementation schedule for the changes. H. TMDLs and Permit Requirements: The permit includes additional requirements that apply(a Total Maximum Daily Load (TMDL)has been approved for any waterbody into which the permittee discharges(Part LC.5. of the Permit). In general, these requirements do not, in themselves, dictate additional measures that must be taken by the permittee. Instead the permit requires the permittee to comply with any requirements included in a TMDL that address stormwater discharges covered in the permit. New requirements affecting the permittee's discharges could be in the form of additional narrative requirements for implementation of BMPs, or in the form of a Waste Load Allocation(WLA)that prescribes a specific quantitative limit for pollution from a specific source. The permittee may maintain coverage under the general permit provided they comply with the applicable requirements outlined above. The Division reserves the right to require individual or alternate general permit coverage. L Annual Program Review: The permittee shall conduct an annual review of the current program areas in conjunction with preparation of the Annual Report required under Part I.E. of the Permit (See Part LD.4 of the permit) J. Annual Report: The permittee is required to submit their program area descriptions in their initial permit application After that, in general,program updates will be provided in the permittee's Annual Report The permittee shall prepare an Annual Report to be submitted by March 10 of each year, covering January 1 through December 31 of the previous year. The Division will provide an Annual Report form. (See Part LE of the permit). COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale-Page 8. Permit No. COR-090000 V. TERMS AND CONDITIONS OF PERMIT K. Annual Fees: All permittees are required to pay the annual permit administration fee, as described in the Colorado Water Quality Control Act. (See Part ILE.3 of the permit) L. Duration of Permit: The general permit may not exceed five years in duration. In this case, the expiration date is set for March 9, 2008. The permittee's authority to discharge under this permit is approved until the expiration date of the general permit. The permittee must apply for recertification under the general permit at least 180 days prior to its expiration date. Kathryn Dolan Nathan Moore December 5, 2002 VL CHANGES MADE AFTER PUBLIC NOTICE Several written comments were received during the public notice period Informal comments were also received during several meetings with the regulated community. Changes based on these comments and additional internal review are discussed below, except for minor changes in wording that were made for the sake of clarification. A. Rationale 1. Based on informal comments received, the discussion on "Maximum Extent Practicable" (MEP)was expanded to emphasize the situation-specific nature of the process. 1. The discussion on Measurable Goals(Section V.B)was changed to emphasize that, due to the potential for an iterative approach in complying with some of the program areas, additional Measurable Goals may be necessary for some program areas well into the future(i.e., beyond this permit term). B. Permit 1. Part LA.2("Discharges covered under this permit")was changed to eliminate duplication, and to clar fly that the non-stormwater discharges identified under Part LB.3.a.4 are not'authorized'under the permit, but do not need to be addressed unless they are a problem. The definition for Illicit Discharge(Part LF.3)was also changed for the same reason. 2. The section on requirements for stormwater sampling and testing was changed The draft permit limited the conditions leading to sampling, and did not take into account the potential highly variable nature of such requirements. (Sampling is still not a routine requirement under the permit) 3. EPA commented that the permit should include language stating that "stormwater discharges must not cause or have the reasonable potential to cause or contribute to a violation of a water quality standard." The Division did not add this language. The permit contains numerous references to "water quality requirements of the Colorado Water Quality Control Act(25-8-101 et seq., C.R.S.) and the Colorado Discharge Permit Regulations(61)." These documents include the criteria relating to water quality standards, and apply to discharges under this permit. However, the focus of this permit is on Best Management Practices(BMPs), with the expectation that compliance with the program areas and required BMPs as outlined in the permit will lead to compliance with the above-cited act and regulations. This focus does not in any way affect the actual regulatory requirements, but does reflect the Division's approach during the first permit term. Kathryn Dolan Nathan Moore February 6, 2003 Hello