HomeMy WebLinkAbout990736.tiff KURTZ RES0URC:. RECOVER AND LAND DEVELOPMENT PROJECT
Setting
[ The land changes to meet the changing needs of human population which
is rooted in economics.
] Approximately 100 years ago, the project location was a grassland prairie.
n In the economic downturn of the 1980's, Colorado governments sought
out a diversified job base.
❑ The employers have come to Colorado, and their employees need homes.
Towns and cities scramble to get their share of roof tops and expanded tax
base. Commercial and industrial development follows.
❑ Human habitat - the urban matrix and infrastructure - depends upon rock
products just like humans depend upon farms for food.
] Imagine I-25 as a dirt road
Kansas - impassable county roads - lack of rock
❑ Colorado intends to expand and enhance the 1-25 and US 85 corridors.
Where will the rock come from to do it?
] As consumption of rock products creates scarcity near the mouths of
tributaries, producers are forced to either quarry the mountains or salvage
resources further down the course of tributaries which is why we are
here.
Site Location:
Exhibit C- I :
Use of Ground Truth Aerial Photography - Computer aided drafting -
Surrounding uses - Fragmentation
] Once residential development occurs - the resource is lost.
❑ De Fragmented Development- Reclamation follows resource recovery.
❑ Operations and minimizing impacts until reclamation:
Exhibit C-2:
• 20 - 30 year life of mine - Continuous extraction - Contemporaneous
recamation commencing apx. 3rd year of operations - depending
upon area/space.
• 20± employees - planned use of portolets for sanitation. Need for
flexibility in siting plant equipment and scalehouse.
EXHIBIT
IC 'L 990736
. e -. in In.
KURTZ RESOURCt RECOVER AND LAND DEVELOPMENT PROJECT
• Plant site operations - equipment- and offending Wash Pond &
Settling Basins
• Discharge - @ two locations - approved discharge permits.
Tributary - during construction of Wash Pond and Clean Out.
Seep Ditch - mine dewatering
• Noise - Dust - Visual Abatement
80 dab at ground zero - overall noise below existing background.
Berms - one dimensional - one plain - others according to operations.
Dust- APEN Pending - Control by water truck on haul roads - pit
material typically moist. Vegetate berms.
• Apx. 200± trucks per day - Up to three shifts with 1.5 shifts 12± hours
typical.
• Access - pending C-DOT
• Extraction predominantly by scraper- to the plant site - processed -
loaded and hauled away.
Exhibit F - Reclamation
• Copy of seed mixture
• Results over time - DeFragmented MultipleUse Development
• Wetland Creation and the Nebraska Compact.
Comments - Reply to Referrals
Platteville
Weld County Health
Weld County Public Works
Army Corps of Engineers
2
STATE JF COLORADO
Bill Owens,Governor
Jane E.Norton, Executive Director &40FCozo
Dedicated to protecting and improving the health and environment of the people of Colorado ��/
4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division • 1,49 I •
Denver,Colorado 80246-1530 8100 Lowry Blvd. ' • "' •
Phone(303)692-2000 Denver CO 80220-6928 re 76"
. Located in Glendale,Colorado (303)692-3090 Colorado Department
http://www.cdphe.state.co.us of Public Health
' and Environment
r
February 25, 1999 i •
i
Sand Land, Inc .
Christopher L. Varra
12910 Weld County Road 13
Longmont., CO 80504
RE : Certification, Colorado Wastewater Discharge Permit System:
Permit No . , COG-500000, Facility Number : COG-500346 , Sand Land,
Inc . , Weld County
Dear Mr. Varra :
Enclosed please find a copy of your renewal certification which
was issued under the Colorado Water Quality Control Act . You are
legally obligated to comply with all terms and conditions of the
permit and certifications .
Please read the permit and the certification, if you have any
questions contact Marla Biberstine at 692-3597 .
Sincezel
�jt,�- 7 ems._
Phil Hegema
Permits Unit anager
Water Quality Protection Section
Water Quality Control Division
xc : Permit Team, Environmental Protection Agency (w/1-4)
Regional Council of Government (w/1-4)
Local County Health Department (w/1-4 )
District Engineer (w/1-4)
Enclosure
EXH
ii IBIT
1 7-31
Permit No. COG-50000
Facility No. COG-500346
CDMG No. Applied 1/27/99
Page 1
CERTIFICATION
AUTHORIZATION TO DISCHARGE UNDER THE
CDPS INDUSTRIAL GENERAL PERMIT
FOR SAND AND GRAVEL MINING AND PROCESSING GENERAL PERMIT
Category 07, Sub-category IA - General Permits, Sand and Gravel - Process Water & Stormwater
Sic. code 1440 Sand and gravel mining, washing, crushing screening and stockpiling.
Current fee $132/year per CRS 25-8-502
This permit specifically authorizes, Sand Land, Inc.
Christopher L. Varra
12910 Weld County Road 13
Longmont, Colorado 80504
(303)+666-6657
with the facility contact of Same
to discharge from facilities identified as the Kurtz Resource Recovery and Land Development Project, located in the NE li
Section 29 & NW 1/4, N 1/2, SW 1/4, Section 28, T3N, R67W (40° 12' 00"Lat. 104° 54' 00"Long.), Weld county, as
shown in figure 1 of the permit, from Discharge Points identified as 001 & 004, as shown in figure 2 of the permit and fur
identified and described in this table,
Discharge Description and treatment Estimated
Point
Flow Rate
001 Discharge of groundwater prior to entering the seep ditch leading to the, Avg. = 0.72 MGD
Saint Vrain Creek.
004 Discharge from settling pond prior to entering unnamed tributary leading to Avg. = 0.72 MGD
Saint Vrain Creek.
Note: discharge point.; 003&002 are existing culverts and not subject to this permit as discharge points.
The discharge is to Saint Vrain Creek, Segment 6 of the Saint Vrain Creek Sub-basin, South Platte River Basin,found in
Classifications and Numeric Standards for Regulation 38 (5 CCR 1002-38), as amended November 9, 1998. Segment 6 ha
been classified for the following uses: Recreation, Class 2; Aquatic Life, Class 2 (Warm); Agriculture.
Salinity (TDS) monitoring of the discharge will not be required.
Phosphorus monitoring of the discharge will not be required.
Antidegradation review does not apply to this permit. Water Use Protected.
At the time of application, the permittee certified that they had developed and implemented a Stormwater Management Plan
(SWMP)for this facility. As a condition of this permit, a copy of the SWMP must be provided to the Division upon request
The permittee is encouraged to read the general rationale for an understanding of how this permit was developed and read
permit to see what requirements exist. In the permit, effluent limitations and monitoring/reporting requirements are specijk
in Parts I.B., I.C., and I.D.; special notification requirements for effluent violations are addressed in Part ILA.
All correspondence re'ative to this facility should reference the specific facility number, COG-500346.
EffectiveFFQ 2 c 1999 Expires SEP 3 0 21102
Tom Boyce
February 24, 1999
This facility permit contains 26 pages.
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t I SAND LAND, INC. i 1 U
• 3 'A SAND AND GRAVEL OPERATION " 4 ~M1 ri ,,,‘,1',4,,u COG-500346 n x
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#9. Location Map FIGURE 1
SAND LAND, INC.
SAND AND GRAVEL OPERATION .,
COG-500346
PAGE 25
:age2
Permit No. COG-500000
CDPS GENERAL PERMIT
FOR SAND AND GRAVEL MINING AND PROCESSING
(AND OTHER NONMETALLIC MINERALS EXCEPT FUEL)
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 process water and stormwater associated with operations
engaged in mining and processing of sand and gravel (including rock and stone used as aggregate), and
mining and quarrying of other nonmetallic minerals except fuels, 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 facility listed on page 1 of this permit to discharge process water
and/or stormwater associated with operations engaged in mining and processing of sand and gravel
(including rock and stone used as aggregate), and mining and quarrying of other nonmetallic minerals
except fuels, as of this date, in accordance with the 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, September 30, 2002.
Issued and Signed this day of AUG 2 7 1997
COLORADO EPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
CERTIFIED LETTER It
DATE SIGNED AUG 2 7 1997
J. David Ho , Director EFFECTIVE&f OF
Water Quality Control Division PERMIT Uh t - �yy(
CC GENERAL PERMIT-SAND AND GRAVE
TABLE OF CONTENTS
PART I
A. COVERAGE UNDER THIS PERMIT _ 3
1. Industries Covered 3
2. Dredge and Fill Operations 3
3. Application Requirements 4
4. Application Due Dates 4
5. Certification Procedures 4
6. Permit Certification, Applicable Sections 5
7. Permit Expiration Date 5
8 Inactivation of Certification • - - 5 -
B. EFFLUENT LIMITATIONS AND CONDITIONS - PROCESS WATER DISCHARGE 5
1. General Limitations 5
2. Industry-Specific Numeric Limitations - 6
3. Monitoring Requirements 7
4. Row Measuring Device 7
C. EFFLUENT LIMITATIONS AND CONDITIONS - STORMWATER DISCHARGE 8
1. General Limitations 8
2. Stormwater Management Plan(SWMP) 8
3. Facility Inspections 9
4. Additional SWMP Requirements 10
5. SWMP Availability 11
6. SWMP Deadlines, Certification 11
7. Prohibition of Non-stormwater Discharges 11
8. Record keeping and Internal Reporting Procedures 11
9. Employee Education 11
D. MONITORING AND REPORTING 12
1. Representative Sampling 12
2. Sampling -Stormwater 12
3. Reporting of Data- Process Water Dicchargers 12
4. Reporting of Data- Stormwater Dischargers 12
5. Test Procedures 13
6. Additional Monitoring by Permittee - 13
7. Reporting to Municipality 13
8. Special Monitoring 13
9. Signatory Requiremmts 14-
E. DEFINITIONS 14
F. GENERAL REQUIREMENTS 15
I. Representative Sampling 15
2. Analytical and Sampling Methods for Monitoring 15
3. Records 15
•
•
-2a-
•
PART II
A. MANAGEMENT REQUIREMENTS 16 •
1. Change in Discharge if
2. Special Notifications- Definitions 16
3. Noncompliance Notification 16
4. Submission of Incon ect or Incomplete Information 17
5. Bypass _ - 17
6. Bypass Notification 17
7. Upsets 18 .
8. Removed Substances 18
9. Minimi7ation'of Adverse Impact 18
10. Discharge Point 18
11. Reduction, Loss, or Failure of Treatment Facility 19
12. Proper Operation and Maintenance - - 19 -
B. RESPONSIBILITIES 19
1. Inspections and Right to Entry 19
2. Duty to Provide Information - 19
3. Transfer of Ownership or Control 20
4. Availability of Reports 20
5. Modification, Suspension, or Revocation of Permits By the Division 20
6. Oil and Hazardous Substance Liability 23
7. State Laws 23
8. Permit Violations 23
9. Property Rights 23
10. Severability 23
11. Renewal Application 2"
12. Confidentiality 23
13. Fees 24
14. Requiring an Individual CDPS Permit 24
15. Requesting an Individual CDPS Permit 24
16. Requesting Coverage Under the General Permit 24
-2b-
Page 3
Permit No. COG-500000
PARTI
A. COVERAGE UNDER THIS PERMIT -
1. Industries Covered
Under this general permit, the following types of facilities may be granted authorization to discharge treated process-
generated wastewaters and/or stormwater runoff into waters of the state of Colorado:
Facilities engaged in the mining and processing of sand and gravel (including rock or stone used as aggregate), and
mining and quarrying of other nonmetallic minerals (except fuels or graphite), as described by the Standard Industrial
Classification(SIC)Code 14, and asphalt and concrete batch plants located at facilities covered under this permit.
a. Stormwater vs.Process water: When stormwater mites with process water, the process water limitations
(Part I.B of the permit) apply to the discharge of that mixed water. Process-waters from these facilities are
subject to effluent limitations under 40 CFR 436.
b. Process Water: For purposes of this permit, process generated wastewaters include:
I) Product wash waters;
2) Maintenance/equipment wash waters;
3) Transport waters;
4) Scrubber waters(crushers or classifiers);
5) Mine dewatering(groundwater and/or runoff);
6) Other process water as determined by the permit issuing authority;
7) Stormwater runoff from mine or processing areas; and
8) Stormwater runoff which mixes with process generated wastewater prior to sampling.
c. Stormwater: The stormwater section(Part I.C of the permit)is intended to cover stormwater runoff from
those portions of a nonmetallic minerals production operation that are not subject to effluent limitations under 40
CFR 436.
2. Dre4gg and Fill Opt:rations
This permit does not constitute authorization under 33 U.S.C. 1344 (Section 404 of the Clean Water Act)of any stream
dredging or filling operations.
PART I
Page 4
Permit No. COG-500000
3. Application Requirements
In order to be considered eligible for authorization to discharge under the terms and conditions of this permit, the
owner, operator, and/or authorized agent of any facility desiring to discharge must subniit, by letter or hand delivery,
two copies of the discharge application form, available from the Water Quality Control Division(the "Division"), .
which generally requires the following information:
a. Name, address, and descriptive location of the facility;
b. Name of principal in charge of operation of the facility;
•
c. Name of water receiving the discharge;
d. Description of the type of activity resulting in the discharge including the anticipated duration of activity and/or
the discharge, anticipated volume, and rate of discharge, and the source of water which is to be discharged;
e. Description of any waste water treatment system and recycle/reuse utilized;
f. A map or schematic diagram showing the general area and/or routing of the activity;
g. Analysis of the process water to be discharged;
h. Description of stormwater discharges, including drainage area;
i. Description of present and proposed best management practices at site, including map; •
j. Any existing water quality data on stormwater discharges; and
k. Certification as to the preparation of a Stormwater Management Plan.
4. Application Due Datg�
At least thirty days prior to the anticipated date of discharge, the owner(or operator if the owner does not operate the
facility) of the facility shall submit an application as provided by the Division.
One original and Two copies of the completed discharge application form shall be submitted,by certified mail or hand
delivery, to:
Colorado Department of Public Health and Environment -
Water Quality Control Division
WQCD PERMITS
4300 Cherry Creek Drive South
Denver, Colorado 80222-1530
5. Certification Procedur
If the general permit is applicable to the applicant's operation, then a certification will be developed and the applicant
will be certified under this general permit.
a. Request for Additional Information: The Division shall have up to thirty days after receipt of the above
information to request additional data and/or deny the authorization for any particular discharge. Upon receipt
of additional information, the Division shall have an additional thirty 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 general permit.)
•
PART I
Page 5
Permit No. COG-500000
b. Automatic Coverage: If the applicant does not receive a request for additional information or a notification of
denial from the Division dated within thirty days of the receipt of the application by the Division, authorization
to discharge in accordance with the conditions of this permit shall be deemed granted.
c. Individual Permit Required: If, after evaluation of the application(or additional information, such as the
SWMP), it is found that this general permit is not applicable to the operation, then the application will be
processed as one for an individual permit. 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. Temporary coverage under this .
general permit may be allowed until the individual permit goes into effect.
d. General vs. Individual Permit Coverage: Any owner or operator authorized by this permit may request to be
excluded from the coverage of this permit by applying for an individual CDPS permit. The owner or operator
shall submit an individual application to the Division, with reasons supporting the request.
6. Permit Certifications. Applicable Sections:
The individual certification prepared for each applicant will indicate whether Part I.B of the permit which must be
followed by that applicant. Part I.C must be followed by all permittees unless exempted as outlined in Section III.C of
the Rationale. (In the absence of such indication from the Division, the permittee will be responsible for determining
and then complying with the applicable sections in Part I.) In addition, allltermittees will be required to comply
with Part I, subparts A, D, E and F, and all of Part U of the permit.
7. Permit Expiration Date
Authorization to discharge under this general permit shall commence on October 1, 1997, and shall expire on
September 30, 2002. The Division must evaluate and reissue this general permit once every five years, and must also
recertify the applicant's authority to discharge under the general permit at such time. Therefore, any permittee desiring
continued coverage under the general permit must reapply by March 31, 2002. The Division will determine if the
applicant may continue to operate under the terms'of the general permit.
An individual permit will be required for any facility not reauthorized to discharge under the reissued general permit.
For facilities wishing to terminate authorization under the new permit, provisions of Part II.B.5.d will be applicable.
8. Inactivation of Cert�cation
The permittee may regiest inactivation of their certification under this permit, once the site has been fully released
from their reclamation bond requirements by the Colorado Division of Minerals and Geology(CDMG). See Part .
II.B.5.d of the permit.
B. EFFLUENT LIMITATIONS AND CONDITIONS-PROCESS WATER DISCHARGE
(This section (I.B)only applies to facilities with.a discharge of process water.)
1. General Limitations
a. There shall be no discharge of sanitary waste waters from toilets or related facilities.
b. There shall be no discharge of floating solids or visible foam.
c. No chemicals are to be added to the discharge unless permission for the use of a specific chemical is granted by
the permit issuing authority. In granting the use of such chemicals, additional limitations and monitoring
requirements may be imposed.
PART I
Page 6
Permit No. COG-500000 •
d. Bulk storage structures for petroleum products and other chemicals shall have adequate protection so as to
prevent any reasonable loss of the material from entering discharged waters or waters of the State.
2. Industry-Specific Numeric Limitations -
Beginning October I, 1997 and lasting through September 30, 2002, the permittee is authorized to discharge from the
process water outfalls, under the industrial category below, as identified in their permit certification.
In accordance with the Water Quality Control Commission Regulations for Effluent Limitations, Regulation 62, 5
C.C.R. 1002-62 and State Discharge Permit System Regulations, Section 61.8 (2), 5 C.C.R. 1002-61, the permitted
discharge shall not contain effluent parameter concentrations which exceed the following limitations:
a. Mineral mining and processing point source category - 40 CFR 436 - subpart B (crushed stone), C (construction
sand and grave:), R(phosphate rock) - and all other industrial facilities covered under SIC Code 14, (except
graphite and those facilities specifically listed in paragraph c, below), and concrete and asphalt batch plants
located at any facility otherwise covered by this general permit:
Effluent Parameter Discharge Limitations(See definitions Part I.E.)
30-Day Avg 7-Day Avg Daily Max
Flow, MGD Report NA Report
pH, s.u. (Min./Max) NA NA 6.5/9.0
Total Suspended Solids, mg/1 30 45 NA
Oil and Grease, mg/1 NA NA 10
Total Dissolved Solids,.mg/1 * NA NA Report
Total Phosphorus (as P)mg/I ** NA NA Report
* Applicable to waters of the Colorado River Basin Only. See I.D.8.a.
*" Applicable to waters listed in I.D.8.b.
Mineral mining and processing poin:source category - 40 CFR 436-subpart AL(graphite): The discharge of process wastewater
from graphite mines is not covered by this permit. (See Section V.A.2.d of the Rationale.)
b. Mineral mining and processing point source category- 40 CFR 436-subpart D (industrial sand) (except for process-
generated wastewater from facilities employing HP floatation):
Effluent Parameter Discharge I.imitahnns (See definitions Part I.E.)
30-Day Avg 7-Day Avg Daily Max
Flow, MGD Report NA Report
pH, s.u. (Min./Max) NA NA 6.5/9.0
Total Suspended Solids, mg/I 25 45 NA
Oil and Grease, mg/I NA NA 10
Total Dissolved Solids, mg/1 * NA NA Report
Total Phosphorus(as P) mg/1 ** NA NA , Report
* Applicable to waters of the Colorado River Basin Only. See I.D.8.a.
** Applicable to waters listed in I.D.8.b.
PART I
Page 7
Permit No. COG-500000
c. No process water discharge will be covered under this permit or authorized by certification for discharges with the
mineral mining and processing point source category of 40 CFR 436-subparts E(gypsum), F(asphaltic mineral), G
(asbestos and wollastonite), J (barite), K(fluorspar), L(salines from brine lakes), M (borax), N (potash), O (sodium
sulfate), V (bentonite), W (magnesite), X(diatomite), Y(jade), Z (novaculite), AF(tripoli).
•
3. Monitorinz Requirements
In order to obtain an indication of the probable compliance or noncompliance with the effluent limitations specified in Part
I.B, the permittee shall monitor all effluent parameters at the following required frequencies.
•
Effluent Parameter Measurement Frequency Sample Type
Flow, MGD Weekly - Instantaneous
Oil and Grease, mg/1 Weekly Visual See I.E.9.
pH, s.u. Monthly In-situ
Total Suspended Solids, mg/1 Monthly Grab
Total Dissolved Solids, mg/1 * Quarterly Grab
Total Phosphorus (as P) mg/I ** Monthly Grab
* Applicable to waters of the Colorado River Basin Only. See I.D.8.a.
** Applicable to waters listed in I.D.8.b.
Self-monitoring samples taken in compliance with the monitoring requirements'specified above shall be taken at
the point of discharge prior to entering waters of the State.
4. Flow Measuring Device
If not already a part of the permitted facility, within ninety (90) days after the effective date of the certification, a flow
measuring device shall be installed to give representative values of effluent quantities at the respective discharge points.
• A flow measuring device will be applicable at all designated discharge points of process water. The flow may also be
determined by using the pump capacity multiplied by the length of time the pump is operated,provided that the
accuracy requirement(see below) is met.
When the facility is not operating, and no discharge is occurring (e.g., if it is shut down for the winter), a flow
measuring device is not required to be on site.
At the request of the Water Quality Control Division, or the Environmental Protection Agency, the permittee shall
show proof of the accuracy of any flow-measuring device used in obtaining data submitted in the monitoring report.
The flow-measuring device must indicate values within ten(10) percent of the actual flow being discharged.
PART I
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Permit No. COG-500000
C. EFFLUENT LIMITATIONS AND CONDITIONS-STORMWATER DISCHARGE
(This section(I.C) applies to all facilities with a discharge of stormwater.)
I. General Limitation; -
•
a. Stormwater discharges from the industrial activity shall not cause or threaten to cause pollution, contamination
or degradation of any State waters.
b. There shall be no discharge of sanitary waste waters from toilets or related facilities.
c. No chemicals are to be added to the discharge unless permission for the use of a specific chemical is granted by
the permit issuing authority. In granting the use of such chemicals, additional limitations and monitoring
requirements may be imposed.
d. Bulk storage structures for petroleum products and other chemicals shall have adequate protection so as to
prevent any reasonable loss of the material from entering discharged waters or waters of the State.
e. All dischargers must comply with the lawful requirements of counties, drainage districts and other state or local
agencies regarding any discharges of stormwater to storm drain systems or other water courses under their
jurisdiction.
2. Stormwater Management Plan (swim.)
A Stormwater Management Plan(SWMP) shall be developed for each facility covered by this section(Part I.C). The
SWMP shall be prepared in accordance with good engineering practices. (The plan need not be completed by a .
registered engineer.)
The plan shall identify potential sources of pollution(including sediment)which may reasonably be expected to affect
the quality of stormwater discharges associated with the mining activity. In addition, the plan shall describe and ensure
the implementation of best management practices (BMPs)which will be used to reduce the pollutants in stormwater
discharges associated with mining activity.
Mining operations must certify the completion of their SWMP and must implement the provisions of the SWMP
required under this part as a condition of this permit. The Division reserves the right to request and review the
plans, and to require additional measures to prevent and control pollution, as needed.
The SWMP shall include the following items, at a minimum:
a- Site Map -
The plan shalt provide a site map or maps which indicate at a minimum:
Mining site boundaries
Access and haul roads
Stormwater outfalls and an outline of the drainage area of each stormwater outfall
An estimate of the direction of flow
Materials handling areas _
Each existing structural control measure to reduce pollutants in.stormwater runoff
Areas used for storage or disposal of overburden, materials, soils or wastes
Areas used for mineral milling and processing
Springs, streams, wetlands and other surface waters -
Location of mine drainage or any other process water
Boundary of tributary area that is subject to effluent limitations
Date the map was prepared
PART I
Page 9
•
Permit No. COG-500000
b. Description of Potential Pollutant Sources/Material Inventory -
The plan shall provide a description of all potential sources (activities and materials)which may reasonably be
expected to add pollutants to stormwater discharges. Such sources may include haul roads, equipment storage
and maintenance areas, fuel storage areas, etc. •
In each case where stormwater pollution potential exists, appropriate preventive measures must be taken and
documented.
•
c. Stormwater Quality Controls - -
Each mining site covered by this permit shall develop a description of stormwater quality controls appropriate
for that site, and implement such controls. The appropriateness and priorities of controls in the plan shall reflect
identified potential sources of pollutants at the site. The description of stormwater quality controls shall address
the following minimum components, including a schedule for implementing such controls:
1) SWMP Administratot-The SWMP shall identify a specific individual or individuals within the mining
organization who is responsible for developing the SWMP and assisting the mine operator in its
implementation, maintenance, and revision.
2) Materials Handling and Spill Prevention-Where materials can impact stormwater runoff, BMPs that
reduce the potential for contamination shall be described. For example, materials should be stored and
handled m covered areas whenever possible to prevent contact with stormwater; fuels and other chemicals
should be stored within berms or secondary containment devices to prevent leaks and spills from entering
stormwater runoff.
3) Erosion and Sediment Controls- Describe BMPs that will be used to reduce erosion and prevent
sediment ielivery to State waters. These should include structural(such as silt fences, sediment ponds,
drop structures, check dams) and non-structural(such as mulching and revegetation)methods.
4) jdentification of Discharges other than Stormwater-The stormwater conveyance system on the site shall
be evaluated for the presence of discharges other than stormwater, such as mine drainage, spoil springs,
sanitary waste, or process water of any kind. The SWMP shall include a description of the results of any
evaluation for the presence of discharges other than stormwater, the method used, the date of the
evaluation, and the on-site drainage points that were directly observed during the evaluation.
A number of discharges other than stormwater may not require a CDPS Industrial Wastewater Discharge
permit and are considered Allowable Non-Stormwater Discharges. Rows from fire fighting activities,
landscaping irrigation return flow or springs(except spoil springs)that are combined with stormwater
discharges associated with industrial activity must be identified in the SWMP.
3. facility Inspections
Qualified personnel identified by the operator shall make a comprehensive inspection of their stormwater management
system, at least twice per year(in the spring and fall), except as provided in paragraphs d and e, below. These. .
comprehensive inspections must be documented and summarized in the Annual Report(see Part I.D.4 of the permit).
•
PART I
Page 10
•
Permit No. COG-500000
a. Material handling areas, disturbed areas, areas used for material storage that are exposed to precipitation, and
other potential sources of pollution identified in the SWMP in accordance with Part I.C.2 of this permit shall be
inspected for evidence of, or the potential for, pollutants entering the drainage system. Structural stormwater
management measures, sediment and control measures, and other structural pollution-prevention measures
identified in the plan shall be observed to ensure that they are operating correctly. A visual inspection of
equipment needed to implement the plan, such as spill response equipment, shall be made.
b. Based on the results of the inspection, the description of potential pollutant sources and pollution prevention
measures identified in the plan shall be revised as appropriate within two weeks of such inspection. Such
revisions shall provide for implementation of any changes to the plan in a timely manner, but in no case more
than 60 days after the inspection.
c. A report summarizing the scope of the inspection, personnel making the inspection, the date(s) of the inspection,
major observations relating to the implementation of the SWMP, and actions taken in accordance with paragraph
(b), above, shall be made and retained as part of the SWMP for at least three years. The report shall be signed
in accordance with Part I.D.9 of this permit.
d. Where semi-annual site inspections are shown in the plan to be impractical for sites where an employee is not
stationed or does not routinely visit the site, inspections as required in this part shall be conducted at appropriate
intervals specified in the plan, but never less than once in two years.
e. Where semi-annual site inspections are shown in the plan to be impractical for inactive sites (sites where
industrial activity is no longer conducted), site inspections required by this part shall be conducted at appropriate
intervals specified in the plan, but, in no case less than once in three years. At lease one site inspection required
under this part shall be conducted prior to October 1, 1999 or the date two years after such site becomes
inactive, whichever is earlier.
4. Additional SWMP Requirements
a. Signatory Requirements: A copy of the plan shall be signed in accordance with Parts I.C.6 and I.D.9, and
retained on site.
b. SWMP Review/Changes: Upon review of the SWMP, the Division may notify the permittee at any time that
the plan does not meet one or more of the minimum requirements of this permit. After such notification, the
permittee shall make changes to the plan and shall submit to the Division an update to the plan including the
requested chan@ es. Unless otherwise provided by the Division,the permittee shall have 30 days after such
notification to both make the necessary changes to the plan and to implement them.
The permittee shall amend the plan whenever there is a change in design, construction, operation, or
maintenance which has a significant effect on the potential for the discharge of pollutant to the waters of the
State, or if the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in
stormwater discharges associated with industrial activity. Amendments to the plan may be reviewed by the
Division in the same manner as described above.
It is the permittee's responsibility to notify the Colorado Division of Minerals and Geology (formerly the Mined land
Reclamation Division) of any significant changes at their site resulting from the implementation of the SWMP.
PARTI
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Permit No. COG-500000
5. SWMP Availability
A copy of the SWMP;hall be provided to the Division, the Colorado Division of Minerals and Geology (CDMG), and/or to
EPA upon request, and within the time frame specified in the request. _
All SWMPs required under this permit are considered reports that shall be available to the public under Section 308(b)
of the CWA. The owner or operator of a facility with stormwater discharges covered by this permit shall make plans
available to members of the public upon request. However, the permittee may claim any portion of a stormwater
pollution plan as confidential in accordance with 40 CFR Part 2.
6. SWMP Deadlines, C4rtiftcation
a. Certification of SWMP Completion and Implementation: The SWMP shall be prepared prior to applying for
coverage under the general permit, and certification of the plan development submitted with the application.
Also, the SWMP shall be implemented when the facility begins operations, or when the general permit
certification is issued, whichever is later, and updated as appropriate.
b. SWMP Certification. Any person signing a certification on the completion of the SWMP shall include the
following language:
"I certify under penalty of law that a complete Stormwater Management Plan, in compliance with Part I.C of the
permit, has been prepared and implemented for my facility. Based on my inquiry of the person or persons who
manage the system; or those persons directly responsible for gathering the information, the Stormwater
Management Plan is, to the best of my Imowledge and belief, true, accurate, and complete, and implemented as
written. I am aware that there arc significant penalties for falsely certifying the completion of said SWMP,
including the possibility of fine and imprisonment for knowing violations."
7. Prohibition of Non-stormwater Discharpec
a. Except as provided in paragraph b. below. all discharges authorized by Part I.C. of the permit shall be
composed entirely of stormwater. Discharges of material other than stormwater must be addressed in Part I.B.
or in a separate CDPS permit issued for that discharge.
b. Discharges from the following sources that are combined with stormwater discharges associated with mining may
be authorized by this permit. provided that the non-stormwater component of the discharge is identified in the
SWMP(see Part I.C.2.c.4 of the permit): fire fighting activities, springs, or landscaping irrigation return flow.
8. Record ke ping and Internal Reporting Procedures
The permittee shall identify procedures for record keeping and internal reporting.
9. Employee Education
The permittee shall develop and implement employee education programs to inform personnel at all levels of
responsibility of the components and goals of the SWMP. Education should address topics such as spill response, good
housekeeping and material management practices. The permittee shall identify periodic dates for such instruction.
PARTI
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Permit No. COG-500000 •
D. MONITORING AND REPORTING
1. Representative Sam alit=
Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored
discharge.
Failure to submit the reports as required in either Part I.D.3 or I.D.4 shall constitute a violation of the permit and may
constitute grounds for revocation of the permittee's authority to discharge under the permit.
2. Sampling- Stormwater •
•
Sampling and testing of stormwater for specific parameters under Part I.C is not required on a routine basis under this
permit. However, the Division reserves the right to require sampling and testing beyond this, on a case-by-case basis, at
any facility covered by this permit, in the event that there is reason to suspect that compliance with the SWMP is a
problem, or to measure the effectiveness of the BMPs in removing pollutants in the effluent.
3. Reporting of Data-Process Water Dischargers -
A signed copy of the report forms outlined in paragraphs a and b, below, shall be submitted to the following address:
Colorado Department of Health Public Health and Environment
WQCD PERMITS
4300 Cherry Creek Drive South
Denver, Colorado 80222-1530
All reports required for submittal shall be signed and certified for accuracy by the permittee. (See Part I.D.9. of the
permit.)
a. Quarterly.Report-Process Water
For facilities allowed to discharge process water, reporting of the data gathered in compliance with Part I.B.3.a
shall be on a quarterly basis.
Monitoring results obtained during the previous 3 months shall be summarized and reported on Division approved
Discharge Monitoring Report forms(DMRs), postmarked no later than the 28th day of the month following the
completed calendar quarter. For example, for the 1st quarter(January, February, and March) the quarterly report
must be received at this office postmarked no later than April 28. If no discharge occurs during the reporting
period, "No Discharge" shall be reported. -
4. Reporting of Data-Stormwater Dischargers
a. Annual Report-SWMP
The perminee will be required to submit an Annual Report, covering January 1 through December 31 of each
year, on the overall compliance with the SWMP. The annual report will contain, at a minimum: - •
1) Name of permittee, address, phone number, and permit certification number.
2) A report on the facility's overall compliance with the SWMP.
3) A summary of each comprehensive stormwater facility inspection made, including date, findings, and •
action taken.
PART I
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• Permit No. COG-500000
4) Results aid interpretation of any stormwater monitoring performed.
5) The repot shall be signed and certified for accuracy by the permittee, including the certification language
contained in Part 1.D.9.c. of the permit.
The Annual Report will be due to the Division on or before February 15 of each year. The exact due date for the
permittee's first annual report will be listed in their permit certification. The Division reserves the right to require
additional information in the report, on a case-by-case basis, as needed.
All reports required for submittal shall be signed and certified for accuracy by the permittee (see Part I.D.9).
A signed copy of the above'report forms shall be submitted to-the following address:
Colorado Department of Public Health and Environment
WQCD PERMITS
4300 Cherry Creek Drive South
Denver, Colorado 80222-1530 -
5. Test Procedures
Test procedures for the analysis of pollutants shall conform to regulations published pursuant to Section 304(h)of the
Clean Water Act, and Colorado State Effluent Limitations Regulation 62, under which such procedures may be required.
6. Additional Monitoring'by Permittge
•
If the permittee monitors any pollutant at the location(s)designated herein more frequently than required by this permit,
using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation
and reporting of the values required in the Discharge Monitoring Report Form or other forms as required by the
Division. Such increased frequency shall also be indicated.
7. Reporting to Municipt it
Any permitted facility discharging to a municipal storm sewer shall provide the municipality with a copy of the permit
application, upon request. A copy of the SWMP shall also be provided to the municipality upon request.
8. Special Monitoring
a. TDS monitoring,is only required for facilities discharging in the Colorado River Basin. TDS may be measured as
electrical conductivity where a satisfactory correlation with TDS has been established based upon a minimum of
five (5) samples. See the individual Certification Rationale for a determination as to whether monitoring is
required.
•
b. Phosphorus monitoring is required only for facilities which discharge into the following drainage basins: Cherry
Creek basin, Chatfield Reservoir downstream of the USGS gage at Waterton and on Plum Creek, Dillon Reservoir
basin(i.e., Ten Mile Creek, Snake River, Blue River, all tributaries to the Dillon Reservoir), and Bear Creek
basin. See the ndividual Certification Rationale for a determination as to whether monitoring-is required:
PARTI •
Page 14
Permit No. COG-500000
9. Signatory Requirements
a. All reports required for submittal shall be signed and certified for accuracy by the perminee 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(except for the SWMP
certification) 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."
E. DEFINITIONS
1. A "continuous" measurement, for flow monitoring requirements, is a measurement obtained from an automatic
recording device which continually measures flow.
2. A "grab" sample, for monitoring requirements, is a single "dip and take" sample.
3. An "in-situ" measurement, for monitoring requirements, is defined as a single reading, observation or measurement
taken in the field at the point of discharge.
4. An "instantaneous" measurement, for monitoring requirements, is a single reading, observation, or measurement
performed on site.
5. When the measurement frequency indicated is quarterly, the samples shall be collected during March, June, September
and December, if a continual discharge occurs. If the discharge is intermittent, then samples shall be collected during the
period that discharge occurs.
6. Salinity is measured as Total Dissolved Solids (TDS). '
7. The seven (7) day average shall be determined by the arithmetic mean of all samples taken in a seven(7)day period.
Samples may not be used for more than one (1) reporting period.
8. The thirty (30) day average shall be determined by the arithmetic mean of all samples collected during a thirty (30)
consecutive-day period. Samples chall not be used for more than one (1) reporting period.
PART I
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Permit No. COG-500000
9. A "visual" observation, for oil and grease monitoring requirements, is observing the discharge to check for the presence
of a visible sheen or floating oil. In the event an oil sheen or floating oil is observed, a gab sample shall be collected,
analyzed, and reported on the appropriate DMR or annual report. In addition, corrective action shall be taken
immediately to mitigate the discharge of oil and grease. A description of the corrective action taken should be included
with the DMR or annual report.
10. "Water Quality Control Division" or "Division" means the State Water Quality Control Division as established in 25-
8-101 et al..
F. GENERAL REQUIREMENTS
1. Renresentative Sampling
Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored
discharge. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified,
before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not
be changed without notification to and approval by the Division.
2. Analytical and Sampling Methods for Monitoring
Analytical and sampling methods utilized by the discharger shall conform to Colorado Regulations for Effluent
Limitations, Section 62.5, and to regulations published pursuant to Section 304(h)of the Clean Water Act.
The analytical method selected for a parameter shall be the one that can measure the lowest detected limit for that
parameter unless the permit limitation or stream standard for those parameters not limited, is within the testing range of
another approved method.
3. Records
The permittee shall establish and maintain records. Those records shall include the following:
a. The date, type, exact location, and time of sampling or measurements; -
b. The individual(s)who performed the sampling or measurements;
c. The date(s) the analyses were performed;
d. The individual(s)who performed the analyses;
e. The analytical techniques or methods used;
L The results of such analyses; and
g. Any other observations which may result in an impact on the quality or quantity of the discharge as indicated in 40
CFR 122.44 (i)(1)(iii).
The permittee shall retain for a minimum of three (3)years records of all monitoring information, including all original
strip chart recordings for continuous monitoring instrumentation, all calibration and maintenance records, copies of all
reports required by this permit and records of all data used to complete the application for coverage under this permit.
This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of
pollutants by the permittee or when requested by the Division or Regional Administrator of EPA.
PART II •
Page 16
Permit No. COG-500000
PART II
A. MANAGEMENT REQUIREMENTS •
1. Change in Discharge
The permittee chall inform the Division(Permits Unit) in writing of any intent to construct, install, or alter any process,
facility, or activity that is likely to result in a new or altered discharge of process water, and shall furnish the Division
such plans and specif cations which the Division deems reasonably necessary to evaluate the effect on the discharge and
receiving stream.
The permittee shall submit this notice within two(2)weeks after making a determination to perform the type of activity
referred to in the preceding paragraph. Process modifications include, but are not limited to, the introduction of any new
pollutant not previously identified in the permit, or any other modifications which may result in a discharge of a quantity
or quality different from that which was evaluated in the drafting of the permit including subsequent amendments.
Following such notice:, the permittee shall be required to submit a new CDPS application, and may be required to be
covered under an individual permit to specify and limit any pollutants not previously limited, if the new or altered
discharge might be inconsistent with the conditions of the general permit. In no case shall the permittee implement such
change without first notifying the Division.
2. Special Notifications-Definitions
a. Bypass: The intentional diversion of waste steams from any portion of a treatment facility..
b. Severe Property Damage: Substantial physical damage to property at the treatment facilities which causes them
to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to
occur in the absence of a bypass. It does not mean economic loss caused by delays in production.
c. Spill: An unintentional release of solid or liquid material which may cause pollution of state,waters.
d. Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit effluent
limitations because of factors beyond the reasonable control of the permittee. An upset does not include
noncompliance.to the extent caused by operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventative maintenance, or careless or improper operation.
3. Noncompliance Notification
a. If, for any reason, the permittee does not comply with or will be unable to comply with any discharge limitations
or standards specified in this permit, the permittee shall, at a minimum,provide the Water Quality Control
Division and EPA with the following information:
I) A description of the discharge and cause of noncompliance;
2) The period of noncompliance, including exact dates and times and/or the anticipated rime when the
discharge will return to compliance; and
3) Steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying discharge.
•
PART II
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Permit No. COG-500000
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)days after becoming aware of the noncompliance:
1) Any instance of noncompliance which may endanger health or the environment;
2) Any unanticipated bypass which exceeds effluent limitations;
3) Any upset which causes an exceedance of any effluent limitation in the permit;
4) Any spill which causes any effluent limitation to be violated;
5) Daily maximum violations for any toxic pollutants or hazardous substances limited by Part I.B of this
permit and specified as requiring 24 hour notification. This includes any toxic pollutant or hazardous
substance or any pollutant specifically identified as the method to control any toxic pollutant or hazardous
substance.
c. The permittee shall report all other instances of non-compliance not requiring 24-hour notification at the time
Discharge Monitoring Reports are submitted. The reports shall contain the information listed in sub-paragraph a.
of this section.
4. Submission of Incorrect or Incomplete Information
Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a
permit application or report to the Division, the permittee shall promptly submit the relevant.application information
which was not submitted or any additional information needed to correct any erroneous information previously submitted.
5. j$ypass
The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but if and only if
it is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions noted in item
b. below. Division notification is not required.
Bypass is prohibited, and the Division may take enforcement action against a permittee for bypass, unless:
a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of
untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if
the permittee could have installed adequate backup equipment to prevent a bypass which occurred during normal
periods of equipment downtime or preventative maintenance; and
c. The permittee submitted notices as required in "Bypass Notification", Part II.A.6.
6. Bypass Notification
If the permittee bows in advance of the need for a bypass, a notice shall be submitted, at least ten days before the date
of the bypass, to the Division and the Environmental Protection Agency (EPA). The bypass shall be subject to Division
approval and limitations imposed by the Division and EPA.
PART II •
Page 18
Permit No. COG-500000
7. Upsets •
a. Effect of an Upset _
An upset constitutes an affirmative defense to an action brought for noncompliance with permit effluent limitations
if the requirements of paragraph b of this section are met. (No determination made during administrative review
of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative
action subject to judicial review.)
b. Conditions Necessary for a Demonstration of Upset
A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed
contemporaneous operating logs, or other relevant evidence that:
1) An upset occurred and that the permittee can identify the specific cause(s)of the upset; and
2) The permitted facility was at the time being properly operated and maintained; and
3) The permittee submitted notice of the upset as required in Part II.A3. of this permit (24-hour notice); and
4) The permittee complied with any remedial measures required under Section 122.7(d) of the federal
regulations; and
5) The permittee shall take all reasonable steps to minimoe or prevent any discharge or sludge use or disposal
in violation of this permit which has a reasonable likelihood of adversely affecting human health or the
environment.
6) In addition to the demonstration required above, a permittee who wishes to establish the affirmative
defense of upset for a violation of effluent limitations based on water quality standards shall also
demonstrate through momtonng, modeling, or other methods that the relevant standards were achieved in
the receiving water.
c. Burden of Proof
In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of
proof.
8. Removed Substances
Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be properly
disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State.
9. Minimization of Adverse Impact
The permittee shall lake all reasonable steps to minimise any adverse impact to waters of the State resulting from any
discharge. As necessary, accelerated or additional monitoring to determine the nature and impact of the noncomplying
discharge is required. . - •
10. Discharge Point
Any discharge to the waters of the State from a point source other than specifically authorized by this permit is
prohibited.
PART II
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Permit No. COG-500000
11. Reduction. Loss. or Failure of Treatment Facility
The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the effluent limitations
of the permit. Upon reduction, loss, or failure of the treatment facility, the permittee shall,-to the extent necessary to
maintain compliance with its permit, control production, or all discharges, or both until the facility is restored or an
alternative method of treatment is provided. This provision for example, applies to power failures, unless an alternative
power source sufficient to operate the wastewater control facilities is provided.
It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the
permitted activity in order to maintain compliance with the conditions of this permit.
12. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control(and
related appurtenances)which are installed or used by the permittee to achieve compliance with the conditions of this
permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing
and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This
provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve
compliance with the conditions of the permit.
B. RESPONSIBILITIES
1. inspections and Right.to Entry
The permittee shall allow access to the Director of the Division, the EPA Regional Administrator, and/or their authorized
representative, upon the presentation of credentials. In the making of such inspections, investigations, and determinations,
the Division, in so far as practicable, may designate as its authorized representatives any qualified personnel of the
Department of Agriculture. The Division may also request assistance from any other state or local agency or institution.
•
a. To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are
required to be k:ept under the terms and conditions of this permit;
b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of
this permit and to inspect any monitoring equipment or monitoring method required in the permit; and
c. To enter upon the permittee's premises to investigate, within reason, any actual, suspected, or potential source of
water pollution, or any violation of the Colorado Water Quality Control Act. The investigation may include, but
is not limited tc, the following: sampling of any discharge and/or process waters, the taking of photographs,
interviewing permittee staff on alleged violations, and access to any and all facilities or areas within the
permittee's premises that may have any effect on the discharge, permit, or alleged violation. Such entry is also
authorized for the purpose of inspecting and coping records required to be kept concerning any effluent source.
d. The Division shall split any sample taken with the permittee if requested to do so by the permittee.
2. put"to Provide Information
The permittee shall furnish to the Division, within a reasonable time, any information which the Division may request to
determine whether case exists for modifying, revoking and reissuing, or terminating coverage under this permit,or-to
determine compliance with this permit. The permittee shall also furnish to the Division, upon request, copies of records
required to be kept by this permit.
PART II
Page 20
Permit No. COG-500000
3. Transfer of Ownership or Control
Certification under this permit may be transferred to a new permittee if: -
a. The current permittee notifies the Division in writing 30 days in advance of the proposed transfer date; and
b. The notice includes a written agreement between the existing and new permittees containing a specific date for
transfer of permit responsibility, coverage and liability between them; and
c. The Division does not notify the existing permittee and the proposed new permittee of its intent to modify, or
revoke and reissue the permit; and
d. The current permittee has met all fee requirements of the State Discharge Permit System Regulations, Section
61.15.
4. Availability of Report]
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
chat!be available for: ublic inspection at the offices of the State Water Quality Control Division and the Environmental
Protection Agency.
5. Modification. Suspension, or Revocation of Permits By the Division
All permit modification, termination or revocation and reissuance actions shall be subject to the requirements of the State
Discharge Permit Sys em Regulations, Sections 61.5 (2), 61.5 (3), 61.7 and 61.15, 5 C.C.R. 1002-61, except for minor
modifications. -Minor modifications may only correct typographical errors, require a change in the frequency of
monitoring or reporting by the permittee, change an interim date in a schedule of compliance or allow for a change in
ownership or operational control of a facility including addition, deactivation or relocation of discharge points where the
Division determines that no other change in the permit is necessary.
a. This permit, or certification under this permit, may be modified, suspended, or revoked in whole or in_part during
its term for reasons determined by the Division including but not limited to, the following:
1) Violation of any terms or conditions of the permit;
2) 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;
3) Materially false or inaccurate statements or information in the application for the permit;
4) A determination that the permitted activity endangers human health or the classified or existing uses of
State Waters and can only be regulated to acceptable levels by permit modifications or termination.
b. This permit, or certification under this permit, may be modified in whole or in part due to a change in any
condition that requires either a temporary or permanent reduction or elimination of the permitted discharge, such
as:
1) There are material and substantial alterations or additions to the permitted facility or activity which
occurred after permit issuance which justify the application of permit conditions that are different or absent
in the e:tisting permit;
PART II
Page 21
Permit No. COG-500000
2) The Division has received new information which was not available at the time of permit issuance (other
than revised regulations, guidance, or test methods) and which would have justified the application of
different permit conditions at the time of issuance. For permits issued to new-sources or new dischargers,
this cause includes information derived from effluent testing required under Section 61..4(7)of the
Regulations for the State Discharge Permit System. This provision allows a modification of the permit to
include conditions that are less stringent than the existing permit only to the extent allowed under Section
61.10 of the Regulations for the State Discharge Permit System;
3) The standards or regulations on which the permit was based have been changed by promulgation of ,
amended standards or regulations or by judicial decision after the permit was issued. Permits may be
modified during their terms for this cause only as follows:
(a) The permit condition requested to be modified was based on a promulgated effluent limitation
guideline, EPA approved water quality standard, or an effluent limitation set forth in 5 CCR 1002-
62, § Regulation 62 et seq.; and
(b) EPA has revised, withdrawn, or modified that portion of the regulation or effluent limitation
guideline on which the permit condition was based, or has approved a Commission action with
respect to the water quality standard or effluent limitation on which the permit condition was based;
and
(c) The permittee requests modification after the notice of final action by which the EPA effluent
limitation guideline, water quality standard, or effluent limitation is revised, withdrawn, or
modified; or
(d) For judicial decisions, a court of competent jurisdiction has remanded and stayed EPA promulgated
regulations or effluent limitation guidelines, if the remand and stay concern that portion of the
regulations or guidelines on which the permit condition was based and a request is filed by the
oermittee in accordance with this Regulation,within ninety (90)days of judicial remand;
4) The Division determines that good cause exists to modify a permit condition because of events over which
the pernnttee has no control and for which there is no reasonable available remedy;
5) The permittee has received a variance;
6) When required to incorporate applicable toxic effluent limitation or standards adopted pursuant to § 307(a)
of the Federal act;
7) When required by the reopener conditions in the permit;
8) As necessary under 40 C.F.R. 403.8(e),to include a compliance schedule for the development of a
pretreatment program;
9) When the level of discharge of any pollutant which is not limited in the permit exceeds the level which can
be achieved by the technology-based treatment requirements appropriate to the permittee under Section 61.8
(2)of the. Regulations for the State Discharge Pennit System;
10) To establish a pollutant notification level required in Section 61.8 (5) of the Regulations for the State
Discharge Pennit System;
11) To correct technical mistakes, such as errors in calculation, or mistaken interpretations of law made in
determining permit conditions, to the extent allowed in Section 61.10 of the Regulations for the State
Discharge Permit System, or;
PART II •
Page 22
Permit No. COG-500000
12) When required by a permit condition to incorporate a land application plan for beneficial reuse of sewage
sludge, to revise an existing land application plan, or to add a land application plan.
13) For any other cause provided in Section 61.10 of the Regulations for the State-Discharge Permit System.
c. This permit, or certification under this permit, may be modified in whole or in part to include new effluent
limitations and other appropriate conditions where data submitted pursuant to Part I.D indicates that such effluent
limitations and conditions are necessary to ensure compliance with applicable water quality standards and
protection off classified uses.
d. At the request of the permittee, the Division may modify or terminate certification under this permit if the
following conditions are met:
1) In the case of termination, the permittee notifies the Division of its intent to terminate the operation 90 days
prior to the desired date of termination;
2) In the cue of termination, the permittee has ceased any and all discharges to state waters and demonstrates
to the Division there is no probability of further uncontrolled dicrbarge(s)which may affect waters of the
State. Alternatively, the certification may be terminated if the site has been fully released from the
reclamation board requirements by the Colorado Division of Minerals and Geology.
3) The Division finds that the permittee has shown reasonable grounds consistent with the: Federal and State
statutes and regulations for such modification, amendment or termination; and
4) Fee requirements of Section 61.15 of State Discharge Permit System Regulations have been met.
e. Permit modification(except for minor modifications), termination or revocation and reissuance actions shall be
subject to the requirements of Sections 61.5(2), 61.5 (3), 61.6, 61.7 and 61.15 of the Regulations for the State
Discharge Permit System. The Division shall act on a permit modification request, other than minor
modifications requests,within 180 days of receipt thereof. Except for minor modifications, the terms of the
existing permit govern and are enforceable until the newly issued permit is formally modified or revoked and
reissued following public notice.
f. Upon consent by the permittee, the Division may make minor permit modifications without following the
requirements of Sections 61.5 (2), 61.5 (3), 61.7, and 61.15 of the Regulations for the State Discharge Permit
System. Minor modifications to permits are limited to:
1) Correcting typographical errors; or
2) Increasing the frequency of monitoring or reporting by the permittee; or
3) Changing an interim date in a schedule of compliance, provided the new date of compliance is not more than
120 days after the date specific in the existing permit and does not interfere with attainment of the final
compliance date requirement; or
4) Allowing for a transfer in ownership or operational control of a facility where the Division determines that
no other change in the permit is necessary, provided that a written agreement containing a specific date for
transfer of permit responsibility, coverage and liability between'the current and new permittees has been
submitted to the Division; or
5) Changing the construction schedule for a discharger which is a new source, but no such change shall affect
dicrharger's obligation to'have all pollution control equipment installed and in operation prior to discharge;
or
PART II
Page 23
Permit No. COG-500000
6) Deleting a point source outfall when the discharge from that outfall is terminated and does not result in
discharge of pollutants from other outfalls except in accordance with permit limits; or
g. When a permit is modified, only the conditions subject to modification are reopened. If a permit is revoked and
reissued, the entire permit is reopened and subject to revision and the permit is reissued for a new term.
h. The filing of a request by the permittee for a permit modification, revocation and reissuance or termination does
not stay any permit condition.
6. Oil and Hazardous Substance Liability •
•
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from
any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under Section 311 (Oil and
Hazardous Substance Liability)of the Clean Water Act. -
7. State Laws
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from
any responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under
authority granted by Section 510 of the Clean Water Act.
8. Permit Violation;;
Failure to comply with any terms and/or conditions of this permit shall be a violation of this permit.
9. Property Rights
The issuance of this permit does not convey any property or water rights in either real or personal property, or
stream flows, or any exclusive pen deees. 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.
10. Severability
The provisions of this permit arc severable. If any provisions of this permit, or the application of any provision of
this permit to any circumstance. is bcld invalid, the application of such provision to other circumstances and the
application of the remainder of this permit shall not be affected.
11. Renewal Applicatg
If the permittee desires to continue to discharge, a permit renewal application shall be submitted at least one hundred
eighty (180)days before this permit expires. If the permittee anticipates there will be no discharge after the
expiration date of this permit, the Division should be promptly notified so that it can terminate the certification in .
accordance with Part II.B.5.
12. Confidentiality
Any information relating to any secret process, method of manufacture or production, or sales at:.marketing data
which has been declared confidential by the permittee, and which may be acquired, ascertained, or discovered,
whether in any sampling investigation, emergency investigation, or otherwise, shall not be publicly disclosed by any
member, officer, or employee of the Commission or the Division, but shall be kept confidential. Any person seeking
to invoke the protection of this Subsection shall bear the burden of proving its applicability.*This section shall never
be interpreted as preventing full disclosure of effluent data.
PART II
Page 24
Permit No. COG-500000 •
13. Em
The permittee is required to submit payment of an annual fee as set forth in the Colorado Water Quality Control Act,
Section 25-8-502, and State Discharge Permit Regulations 5CCR 1002-61, Section 61.15 as amended. Failure to
submit the required fee when due and payable is a violation of the permit and will result in enforcement action
pursuant to Section 25-8-601 et. seq., C.R.S. 1973 as amended.
14. Requiring an Individual CDPS Permit
The Director may require any owner or operator covered under this permit to apply for and obtain an individual
CDPS permit if: •
•
a. The discharger is not in compliance with the conditions of this general permit;
b. Conditions or standards have changed so that the discharge no longer qualifies for a general permit; or
c. Data become available which indicate water quality standards may be violated.
The owner or 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 owner or operator otherwise covered under this General Permit, the
applicability of the general permit to that owner or operator is automatically terminated upon the effective date of the
individual CDPS permit.
15. Requesting an Individual CDPS Permit
Any owner or operator covered by this general permit may request to be excluded from the coverage by applying for
an individual CDPS permit.
16. /teauesting Coverage Under the General Permit
The owner or operator of a facility excluded from coverage by this general permit solely because that facility already
has an individual permit may request that the individual permit be revoked and that the facility be covered by this
general permit. Such request shall be evaluated by the Division as per the criteria specified in Part I.A of this
permit.
RATIONALE
SAND AND GRAVEL PRODUCTION OPERATIONS
AND OTHER NONMETALLIC MINERALS EXCEPT FUEL)
GENERAL PERMIT IN COLORADO
COLORADO DISCHARGE PERMIT NUMBER COG-500000
THIRD RENEWAL
CONTENTS PAGE
L UPDATE I
!I. STORMWATER PROGRAM I
III. COVERAGE UNDER THIS PERMIT - 2
IV. CERTIFICATION 3
V. TERMS AND CONDITIONS OF PERMIT 3
VI. REPORTING REQUIREMENTS 6
VII. PUBLIC NOTICE CHANGES 7
L UPDATE
This is for the renewal of the general sand and gravel permit first issued on October 28, 1982, with reissuances on June 10,
1987 and August 31, 1992. The General Permit system for regulating sand and gravel production operations has worked
well for the State of Colorado. Only minor language changes and changes in format have been made.
A. ,Reauthorization
Pan LA.7 of the permit specifies that authorization to discharge under this general permit will expire on September
30, 2002. Any permittee desiring continued coverage must re-apply by March 31, 2002.
IL STORMWATER PROGRAM
As required under the Clean Water Act amendments of 1987, the Environmental Protection Agency (EPA)has established a
framework for regulating municipal and industrial stormwater discharges. This framework is under the National Pollutant
Discharge Elimination System (NPDES)program. The regulations (40 CFR 122.26) require specific types of industrial
facilities which discharge stormwater associated with industrial activity (industrial stormwater),to obtain coverage for this
discharge under an NPDES permit. Facilities which discharge industrial stormwater either directly to surface waters or
indirectly, through municipal separate storm sewers, must be covered by a permit.
The federal effluent guidelines that govern discharges from sand and gravel mining facilities (40 CFR 436) control most
surface runoff from mining facilities. However, there are some sources of stormwater from these sites which are nor
addressed, such as roads and railroad lines, pond outslopes, inactive loadous, sites used for storage and maintenance of
material handling equipmenr, etc.
For sand and gravel operations, other mining and quarrying of nonmetallic minerals except fuels, and for asphalt and
concrete batch plans located at such facilities, this general permit will cover both the process water discharges and
stormwater discharges. Process water discharges are addressed under Pan LB of the permit;stormwater discharges are
addressed under Pas LC of the permit
COLORADO DEPARTMENT OF PUBLIC HE._ _H AND ENVIRONMENT, Water Quality Corm,of Division
Rationale-Page 2. Permit No. COG-500000
This will eliminate the need for coverage under more than one permit for most such facilities. However, as discussed in
Section V.A.2.a of the Rationale, some facilities may wish to apply for an individual permit instead, in order to rake
advantage of some federal effluent guidelines not included here. Additionally, as discussed in Section III.B of the Rationale,
the Water Quality Control Division of the Colorado Department of Public Health and Environment (the "Division") retains
the authority to require any facility to be covered under an individual permit.
111. COVERAGE UNDER THIS PERMIT
A. Industrial Categories
The type of facilities covered by this permit includes all mining and quarrying of nonmetallic minerals, except fuels.
This is the description of Standard Industrial Classification (SIC) Code 14. The permit includes these categories due
to the addition of stormwater provisions. Also, stormwater from asphalt and concrete batch plants located at sand and
gravel operations is included here, due to their similarity to the covered mines in pollution potential, and their
function as an adjunct to the mine operations. (The definition of asphalt and concrete batch plants can include the use
of recycled asphalt or concrete.) The categories include:
SIC Code Industry T pe SIC Code Industry Type
141 Dimension stone 148 Nonmetallic minerals services, except fuels
142 Crushed and broken stone (overburden removal, strip mining, etc.)
144 Sand and gravel 149 Miscellaneous nonmetallic minerals, except
145 Clay, ceramic, and refractory minerals fuels (asbestos, gems,fill din pits,
147 Chemical and fertilizer mineral mining graphite, gypsum,peat,pumice, talc, etc.)
2951 Asphalt batch plants 3273 Concrete batch plants
B. General vs. Individual Permit Coveraee
Any owner or operator authorized by this permit may request to be excluded from the coverage of this permit by
applying for an individual CDPS permit. The owner or operator shall submit an individual application to the
Division, with reasonr supporting the request.
Alternately, if after evaluation of the application (or additional information, such as the SWMP), 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, or a more appropriate general permit. The applicant will be notified of the Division's decision to deny
certification under this general permit.
C. Exemptions for Small Municipalities
The Intermodal Surface Transportation Efficiency Act of 1991 Section 1068(c) added an exemption to the stormwater
regulations for municipalities with less than 100,000 population. The term "municipality"includes cities, towns,
counties, special districts or any entity created by or pursuant to State law.
Stormwater discharges associated with industrial activity (except for airports, steam electric power plants, or
uncontrolled sanitary landfills), that are owned or operated by a small municipality are not required to apply for or
obtain a stormwater permit at this rime. (Note: This exemption does not apply to other, privately owned industries
within the same small municipality.)
•
These facilities are rat permanently exempted from the regulation, but are instead placed in Phase II of the
stonnWater program. The Division and EPA are not pursuing permits for Phase II facilities, including small
municipalities, until further rulemaking is completed. It is possible that coverage will be required at some future date.
COLORADO DEPARTMENT OF PUBLIC Ii,..,tfTH AND ENVIRONMENT, Water Quality a._col Division
Rationale-Page 3. Permit No. COG-500000
IV. CERTIFICATION
A. Permit Certifications
This permit is made 19 of several parts, some of which do not apply to all pennittees (i.e., while most facilities will
require coverage under the stormwater section I.C, many will not require coverage under-the process water section
LB). Therefore, the individual certification prepared for each applicant will indicate whether or not Pan I.B of the
permit must be followed by that applicant. In all cases (except as noted in Section III C, above), Pan LC must be
followed. (In the absence of such indication from the Division, the permittee will be responsible for determining and
then complying with the applicable sections in Pan L) In addition, all vennittees will be required to comply with
Part I, subparts A, D, E and F, and all of Part II of the permit.
V. TERMS AND CONDITIONS OF PERMIT -
A. Process Water Dischcaes
1. Numeric Limitations: Numeric limits will be applied for some of the industrial categories covered by this permit.
These limits are from the EPA Federal Guidelines for the applicable point source category, as follows:
a. Mineral mining and processing point source category- 40 CFR 436-subpart B (crushed stone), C
(construction sand and gravel), R (phosphate rock) -and all other industrial facilities covered under SIC
Code 14, ccept those specifically listed in paragraph b below, and concrete and asphalt batch plants
!orated at cny facility otherwise covered by this general permit:
Table V-I—Effluent Limits
P meter Limit Rationale
Flow, MGM Report a/ NA
TSS, mg/l 30/45 ¢/ State Effluent Regulations
pH, s.u. 6.5-9.0 f/ Water Quality Standards
Oil and Grease, mg/I 10 d/ State Effluent Regulations
Total Dissolved Solids, mg/1 Report d/f/ Salinity Regulations
Total Phosphorus (as P), mg/I Report d/e/ Various Phosphorus Regulations
Mineral mining and processing point source category- 40 CFR 436-subpart AL (graphite): The discharge of process wastewater
from graphite mines is not covered by this permit. (See Section V.A.2.d of the Rationale.)
b. Mineral mining and processing point source category- 40 OR 436-subpart D (industrial sand) (except
for process-generated wastewater from facilities employing HF floatation): -
Table V-2—Effluent Limits
Parameter Limit Rationale
•
Flow, MGD Report 9/ NA
TSS, mg/l 25/45 @/ Best Practicable Technology
pH, s.u. 6.5-9.0 G/ Water Quality Standards
Oil and Grease, mg/I 10 d/ State Effluent Regulation. - •
Total Dissolved Solids, mg/I Report d/f/ Salinity Regulations •
Total Phosphorus (as P), mg/[ Report d/c/ Various Phosphorus Regulations
at 30-Day Average/Daily Maximum d/ Daily Maximum
(l/ 30-Day Average/7-Day Average g/ See V.A.2.c.
c/ . Minimum-Maximum f/ See V.A.2.b.
COLORADO DEPARTMENT OF PUBLIC. ALTH AND ENVIRONMENT, Water Quality Control Division
Rationale- Page 4. Permit No. COG-S00000
c. No process water discharge will be covered under this permit or authorized by certification for discharges
with the mineral mining and processing point source category-of 40 CFR 436=subparts E (gypsum), F •
(asphaltic mineral), G (asbestos and wollastonite), J (bathe), K(fluorspar), L (salines from brine lakes), M
(borax), N(potash), O (sodium sulfate), V(bentonite), W(magnesite), X(diatomite), y(lade), z
(novaculite), and AF(tripoli).
2. Discussion of f imitations:
•
a. Exceptions to Federald.imits: The 40CFR 436 includes-some effluent limitations which are not as strict as
those listed here. For example, the phosphate rock TSS limit is less strict, and for many of the
subcategories which state "no discharge of process wastewater,"an exemption to that limit is provided
during certain precipitation events and in conjunction with other conditions. However, this permit does not
include these relaxed limits. This is a general permit, designed to cover the widest possible range of
facilities with similar wastewater characteristics. In effectively achieving this brood coverage, the permit
must also be relatively simple. Therefore, some of the more individualistic or complex permit limitations
are not included in this permit.
The Division does not believe that there are a sufficiently large number of such facilities in Colorado to
warrant including the exemptions in this general permit. If a permittee wishes to take advantage of these
exemptions, the permittee must apply for an individual permit.
b. Salinity, or Total Dissolved Solids (TDS) is an issue in the Colorado River Basin. Regulation 39,
'Regulations for Implementation of the Colorado River Salinity Standards through the Colorado Discharge
• Permit Program, "addresses the discharge of TDS to the Colorado River Basin. The regulation requires
that the salinity of each discharge to the Colorado River Basin be evaluated for impact on the system.
TDS will be included in the monitoring for dischargers in the Colorado River Basin, however, limits will
not be imposed. The Division does reserve the right to impose limits on pennittees if the TDS levels are
determined to be detrimental or endanger the beneficial uses of the waters. If IDS monitoring is a
requirement of the permit than a shall be included within the terms and conditions of the individual
Certification Rationale of the permit. Additional monitoring for TDS shall be included on the Discharge
Monitoring Reports (DMR) and shall be subject to the permit's monitoring and reporting requirements. TDS
sampling shall be on a quarterly basis, taken as a grab sample.
Where, based on a minimum of 5 samples, the permittee demonstrates to the satisfaction of the Water
Quality Control Division that the Inel of IDS in the effluent can be calculated based upon the level of
electrical conductivity. the permatee may measure and report TDS in terms of electrical conductivity. •
c. Phosphorus:Due to the effects of nutrient loading in drinking water storage reservoirs, (algae blooms,
taste and odor problems. oxygen depletion) various phosphorus regulations have been developed to track
the .aging in the affected basins. Therefore, total phosphorus (as P) monitoring is required for facilities
which discharge into the following drainage basins: Cherry Creek basin, Chatfield Reservoir basin
downstream of the USGS gage at Waterton and on Plum Creek, Dillon Reservoir basin (i.e. Ten Mile
Creek, Snake River, Blue River, all tributaries to the Dillon Reservoir), and Bear Creek basin. The
Division also reserves the right to include phosphorus monitoring for any receiving waters that may later
enter into phosphorus monitoring requirements, or for facilities that use phosphorus chemicals for
treatment. If phosphorus monitoring is a requirement of the permit then it shall be included within the
•
terms and conditions of the individual Certification Rationale of the permit. Additional monitoring for
phosphorus shall be included on the (DM1R) and shall be subject to the permit's monitoring and reporting
requirements. Phosphorus sampling shall be on a monthly basis, taken as a grab sample.
COLORADO DEPARTMENT OF PUBLIC h__.L.TH AND ENVIRONMENT, Water Quality C. .'01 Division
Rationale-Page 5. Permit No. COG-500000
n
d. Graphite: In the case of graphite mining, the federal effluent guidelines (40 CFR 436.382) call for a limit
for Total Iron. Since the Division has Water Quality Standards in many areas of the state which may be
stricter then the federal limits, coverage of process water discharges from this type of facility must be under
an individual permit. -
B. Stormwater Dischages
1. Stormwater vs. Process water
When stormwater mixes with process water, the process water limitations (Pan LB of the permit) apply to the
discharge of that mixed water. The stormwater section (Pan LC of the permit) is intended to cover those
portions of a nonmetallic minerals production operation (except fuel) that are not already subject to effluent
limitations under 40 CFR 436, and to cover stormwater runoff from asphalt and concrete batch plants. -
2. Stormwater Management Plan (SWMP)
The stormwater regulations primarily apply to areas not covered by 40 CFR Pan 436. They require permittees
to develop and implement a Stormwater Management Plan (SWMP) to protect the quality of stormwater leaving
the site. The p/an shall identify potential sources of pollution (including sediment) which may reasonably be
expected to affect the quality of stonmvater discharges associated with mining activity. In addition,'the plan
shall describe the best management practices (BMPs) which will be used to reduce the pollutants in stormwater
discharges front the mining site.
Some activities required under the SWMP may already be in place. However, the SWMP will require the
permittee to coordinate these activities with any necessary new activities in an orderly manner, so that the result
is the reduction or elimination of pollutants reaching state waters from areas not limited by effluent limitations.
Facilities must implement the provisions of the SWMP required under this pan as a condition of this permit.
It is the perminee's responsibility to notify the Colorado Division of Minerals and Geology (formerly the
Colorado Mined Land Reclamation Division) of any significant changes at their site resulting from the
implementation of the SWMP. This is so that the Division of Minerals and Geology may review the SWMP and
incorporate any potential revisions into the facility's reclamation permit which might be needed.
The SWMP shall include the following items, at a minimum:
a. Site Map
The plan shall provide a site map or maps which indicate at a minimum:
- Mining site boundaries
- Access and haul roads
- Stonmwater outfalls and an outline of the drainage area of each stormwater outfall
- An estimate of the direction of flow
- Materials handling areas
- Each existing structural control measure to reduce pollutants in stormwater runoff
- Area used for storage or disposal of overburden, materials, soils or wastes
- Arecs used for mineral milling and processing, and asphalt and concrete production
- Springs, streams, wetlands and other surface waters
- Location of mine drainage or any other process water . •
- Boundary of tributary area that is subject to effluent limitations
- Date the map was prepared
COLORADO DEPARTMENT OF PUBLIC- ,ALTH AND ENVIRONMENT, Water Quality Control Division
Rationale - Page 6. Permit No. COG-500000
b. Description of Potential Pollutant Sources/Material Inventory
The plan:shall provide a description of all potential sources (activities and materials) which may reasonably
be expected to add pollutants to stormwater discharges. Such sources may include haul roads, equipment
storage and maintenance areas,fuel storage areas, etc.
•
In each ease where stormwater pollution potential exists, appropriate preventive measures must be taken
and documented. •
c. Stormwcter Quality Controls
The description of stofmwater quality controls shall address the following minimum components, including
a schedule for implementing such controls: -
I) S11MPAdministrator
2) Materials handling and spill prevention
3) Erosion and sediment controls
4) Identification of discharges other than stormwater. -
3. Other Requirements
a. Certifeclion of SWMP Completion and Implementation: The SWMP shall be prepared prior to applying
for coverage under the general permit, and certification of the plan development submitted with the
application. Also, the SWMP shall be implemented when the facility begins operations, or when the
general permit certification is issued, whichever is later, and updated as appropriate.
b. Facility Inspections: The permittee will be required to make a thorough inspection of their stormwater
management system, at least twice per year'(in the spring and fall). These inspections must be documented
and summarized in the Annual Report to the Division. (See Part LD.4 of the permit.)
c. Sampling: 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 beyond this, on
a case-by-case basis, at any facility covered by this permit, in the event that there is reason to suspect that
compliance with the SWMP is a problem, or to measure the effectiveness of the BMPs in removing
pollutants in the effluent.
d. Employee Education: The permittee shall develop and implement employee education programs to it form
personnel at all levels of responsibility of the components and goals of the SWMP.
VI REPORTING REQUIREMENTS
•
All reports required for submittal shall be signed and certified for accuracy by the permittee. (See Pan LD.9 of the
permit.)
I. Process Water Dischargers:Submittal of the DMR for process waters shall be required on a quarterly basis for
those facilities covered under Pan LB of the permit.
2. $tormwater Dischargers: As outlined under Part LD.4 of the permit, an Annual Report must be submitted to the
Division, covering January I through December 31, on the overall compliance with the SWMP. - •
The Annual Report will be due to the Division on or before February lS of each year. The exact due date for the
permittee's first Annual Report will be listed in their permit certification.
Tom Boyce June 19, 1997
COLORADO DEPARTMENT OF PUBLIC L ,TH AM)ENVIRONMENT, Water Quality C of Division
Rationale-Page 7. Permit No. COG-500000
PUBLIC NOTICE CHANGES
The public notice period for conunems on this permit was extended two weeks to accommodate EPA and Colorado Springs Utilities
and allow them to submit comments cfter the initial closing date. -
EPA requested that language be added to the permit and rational discussing the coverage of inactive, abandoned, and instream mines
and mining activity. Language for instream dredging is covered in the permit (LA.2), and furthermore, the stated situations would be
determined in the application review process and handled accordingly prior to a certification being drafted. No changes were made to
the permit based on these comments.
• - -Tom Boyce August 26, 1997
Several comments were received from Colorado Springs Utilities, regarding minor aspects of the enforceability of the permit, and the
time frames used for various compliance issues. In general, the Division prefers to remain consistent with the language in our other
stonnwater general permits, unless some compelling reason is given for change. Therefore, no changes were made to the permit
based on these comments. -
Kathryn Dolan August 26, 1997
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