HomeMy WebLinkAbout750609.tiff e(i)//li ,54<�fs
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ASSISTANT DISTRICT ATTORNEY OFFICE OF THE DISTRICT ATTORNEY ADMINISTRATIVE OFFICE
Harlan R.Bockman SEVENTEENTH JUDICIAL DISTRICT 7290 Magnolia Street
CHIEF DEPUTY Commerce City,Colorado 80022
Robert J.Braswell 1tl Telephone:287-0211
ADMINISTRATIVE ASSISTANT TRIAL� TRIAL OFFICE
Lois A.Cope I^, 1931 East Bridge Street
CHIEF INVESTIGATOR re Brighton,Colorado 80601
Kenneth D.Linguist Telephone:659-4750
FLOYD MARKS NON-SUPPORT DIV.
—DISTRICT ATTORNEY— 0th and Bridge St.
Brighton,Colorado 80601
May 6 , 1975 Telephone:659-2120,Ext.266
The Honorable Glenn Billings, Chairman
Board of County Commissioners
County of Weld
Greeley, Colorado
Dear Sir:
Enclosed you will find a copy of the proposed Federal Permit
to allow the City and County of Denver to dump raw sewage into
the South Platte River from twelve individual discharge source
points . Enclosed also is the letter from this office to the
U. S. Environmental Protection Agency making demand for a public
hearing.
We have been informed by the EPA that such a public hearing will
be held. As soon as we have a firm date for that hearing, we
will notify you. We would appreciate your support, your inter-
vention, and your participation in this public hearing and all
the verbal support you can give us before the EPA.
As you can discover from our letter opposing such a permit, the
dumping of raw sewage into the South Platte River most directly
affects those members of the public living downstream. The
threats of disease and epidemics are of paramount public interest
and we solicit your active participation in abating such.
Yours very truly,
FM:c to Marks
Enclosures
750609
•
APPLICANT : Cityand- County• of Denver •
PERMIT NO. : CO-0026620
EFFECTIVE DATE Date of Issuance*
EXPIRATION DATE October 1 , 1976
AUTHORIZATION TO DISCHARGE UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
•
In compliance with the provisions of the Federal Water Pollution Control.
Act, as amended (33 U.S.C. 1251 et. seq.) (hereinafter referred to as
"the Act") , •
•
the City and County of Denver, Department of Public Works •
•
is authorized by the Regional Administrator, Region VIII , U.S. Environ-
. mental Protection Agency, to discharge from point sources with discharge
serial numbers 001 through 012 (See Section 14.00 of the Special Conditions
for location of these sources) to the South Platte River and its tribu-
taries in accordance with the conditions specified herein:
•
Authorized Permitting Official Date .
Title .
•
*Thirty (30) days after the date of receipt of this permit by the Applicant.
•
Permit No. CO-0026620
Page 2 of 19
•
• General Conditions
1 . All discharges authorized herein shall be consistent with the
terms and conditions of this permit. The discharge of any pollutant
not authorized by this permit shall constitute a violation of the terms
and conditions of this permit. Such a violation may result in the
imposition of civil and/or criminal penalties as provided for in Section 309
of the Act. Facility modification, additions , and/or expansions that
increase the plant capacity must be reported to the permit issuing
authority and this permit then modified or re-issued to reflect such
changes. The permittee shall provide notice to the authorizing permitting
official of the following:
(a) Any new introduction of pollutants into the treatment works
from a source which would be a new source as defined in Section 306 of
the Act if such source were discharging pollutants ;
(b) Except as to such categories and classes of point sources
or discharges specified by the Administrator, any new introduction of
pollutants into the treatment works from a source which would be subject
to Section 301 of the Act if such source were discharging pollutants ; and
(c) Any substantial change in volume or character of pollutants
being introduced into the treatment system by a source introducing •
pollutants into such system at the time of issuance of the permit.
•
The notice shall include:
(a) The quality and quanity of the discharge to be introduced
into the system, and the anticipated impact of such change in the quality
or quantity of the effluent being discharged from the permitted discharge
points.
•
2. After notice and opportunity for a hearing, this permit may
be modified, suspended, or revoked in whole or in part during its term
for cause including, but not limited to, the' following:
(a) Violation of any terms or conditions of this permit;
(b) Obtaining this permit by misrepresentation of or failure to
disclose fully all relevant facts; or,
(c). A change in any condition that requires either a temporary
or permanent reduction or elimination of the permitted discharge.
•
• • ._. CO-0026620
----Permit ��o.
Page 3 of 19
3. Any schedule of compliance in this permit may, upon request
of the applicant, and after public notice, be revised or modified by
the permit issuing authority, if it is found that good and valid cause
exists for such revision. . . .
4. Notwithstanding 2 above, if a toxic effluent prohibition
(including any schedule of compliance specified in such effluent prohibition)
is established under Section 307(a) of the Act for a toxic pollutant which .
is present in the discharge authorized herein and such prohibition is not
included in this permit, this permit shall be revised or'modified in •
• accordance with the toxic.effluent prohibition and the permittee shall
be notified.
5. The permittee shall allow the Director of the Water Quality
Control Division of the Colorado Department of Health, the Regional
Administrator.of Region VIII of the Environmental Protection Agency, .
• and/or their authorized representatives , upon the presentation of
credentials: •
• (a) To enter-upon the permittee's premises where an effluent
source is located or in which any records are required to be kept under - •
the terms and conditions of this permit;
-
(h) To have access:to and copy at reasonable times , any records -
required to be kept under the terms and conditions of 'this permit;
' r
(c) To inspect, at reasonable times, any monitoring equipment •
-
or monitoring method required in this permit; or,
• (d) To sample, at reasonable times , any discharge of pollutants.
6. The issuance of this permit does not convey any property rights
in either real or personal property, or any exclusive privileges , nor
does it authorize any injury to private property or any invasion of •
personal rghts,. nor any infringement of Federal , state, or local laws
or regulations.
7. Except for data determined to be confidential tinder Section 308
of the Act, all monitoring reports required by this permit shall be avail-
able for public inspection at the offices of the Director and the Regional
Administrator. Knowingly making any false statement on any such report
may result in the imposition of criminal penalties •as provided for in ,
Section 309 of the Act.
8. The permittee shall take all reasonable steps to minimize any
adverse impact to navigable waters resulting from noncompliance with'
any conditions specified in this permit. The permittee will provide
additional monitoring as necessary to determine the nature and impact
of this discharge. •
•
r -
•
•
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Permit No. CO--0026620
• Page 4 of 19
•
9. -The permittee shall operate the sewerage system, including the -
treatment plant and total 'sewer system in a manner which will minimize
discharges from sanitary 'and combined sewer overflows, and from bypasses.. • •
• 10. Except as provided specifically in the Special Conditions of .
this permit, nothing in this permit shall be construed to relieve the
permittee from civil or criminal penalties for noncompliance.
11 . Nothing in this permit shall be construed to preclude the
• institution of any legal action nor relieve the permittee from any
responsibilities; liabilities , or penalties established pursuant to any
applicable state law or• regulation under authority preserved by Section 510 •
• •• of the Act.
•
12. The permittee shall prevent any of the following connections from
being made to' its collection system:
•
•
(a) Any new source of storm water into a separate sanitary sewer •
or into a combined sewer system intercepted by a sewer line tributary to
the treatment plant.
(b) Any new source of domestic or industrial wastewater into
a separate storm sewer or into a combined sewer system not intercepted
by a sewer line tributary to the treatment plant.
13. This permit cannot be transferred or assigned, nor shall a new
owner or successor be authorized to discharge from this facility, until
the following requirements are met:
(a) The permittee shall notify the succeeding owner or successor
of the existence of this permit by a letter, a copy of which shall be for-
warded to the Director and the Regional Administrator.
(b) The new owner or successor shall submit a letter to the
Director and the Regional Administrator, stating that he will comply'
• with the requirements of the permit on this. facilityand receive confirma-
tion and approval of the transfer from the Water Quality Control Division
of the Colorado Department of Health.
•
14. The provisions of this permit are severable, and if any provision
of this permit, or the application of any provision of this permit, to any
circumstance is held invalid, the application of such provision to. other
circumstances , and the remainder of this permit, shall not. be affected
thereby.
Permit No. CO-0026620
Page 5 of 19
•
•
Special Conditions
1 .00 Discharge Location
During the period beginning on the effective date of this
permit, the permittee is authorized to discharge to the South Platte
River and its tributaries, an effluent which shall be consistent with
the conditions specified herein.
2.00 Discharge Limitations
2.01 Main Plant Bypass and Rocky Mountain Overflow (001 , 002)
(1 ) Upon issuance of this permit and until its expiration,
the permittee is authorized to discharge from point sources 001 and 002
(Main Plant Bypass and Rocky Mountain Overflow) when the inflow to the
treatment plant exceeds a rate of 130 mgd. When the rate of inflow is
less than 130 mgd, a discharge is authorized only to prevent: (1 ) loss
of life or severe property damage; or (2) damage to any facilities
necessary for compliance with the terms and conditions. of this permit.
The permittee shall notify the permit issuing authority within five (5)
days in writing, of any such bypass in accordance with the procedure
specified in Section 5.00 of the Special Conditions of this permit.
If, for other reasons , a partial or complete bypass is considered
necessary, a request for such bypass shall be submitted to the permit •
issuing authority at least 60 days prior to the proposed bypass. The
request shall conform to the format specified in Section 5.00. If the
. proposed bypass is judged acceptable, the bypass will be allowed subject
to limitations imposed by the permit issuing authority.
If, after review and consideration, the proposed bypass is deter-
mined to be unacceptable by the permit issuing authority, or if limita-
tions imposed on an approved bypass are violated, such bypass shall be
considered a violation of this permit; and the fact that application was
made, or that a partial bypass was approved; shall not be a defense to
any action brought thereunder.
•
(2) The permittee shall within ninety (90) days of the
effective date of this permit, submit to the permit issuing authority for
approval , plans and specifications for such facilities necessary to
eliminate the need to use discharge points 001 and 002. The permittee
shall commence construction of such facilities no later than August 1 , 1975.
2.02 Burlington Ditch Outfall (003) _ •
(1 ) Upon issuance of this permit and until its expiration,
•
•
•
• Permit No. CO-0026620
• Page 6 of 19
•
or until such time during the life of this permit that the permittee•._
installs facilities to eliminate this discharge, the permittee is •
authorized to discharge a combined sewer discharge from point source 003
(Burlington Ditch 0utfall ).
•
• (2) The completion 'of the Northeast Sanitary Project •
will reduce the flow discharged from point 003. It is a requirement of •
this permit, that the permittee complete the construction of this
• project during the life of this permit, (see Section 9.00). The permittee
shall also operate its collection system tributary to point 003 in such
a manner as to minimize the volume of sewage discharged through point 003.
(3) The permittee shall periodically monitor the. volume
of flow being discharged through point 003 and by means of a monthly • .
report submitted to the permit issuing authority, report the estimated
. volume of discharge and peak rate-of-flow on no less than a biweekly
basis.
(4) Within ninety (90) days of the issuance of this '
permit, the permittee shall submit to the permit issuing authority for
approval , 'a proposed schedule of compliance which shall include but is
not limited to, dates for the initiation and completion of: (i ) Prelim
• inary plans; (ii ) Final plans and specifications; and (iii ) Construction .
• of all facilities necessary to eliminate the need to use discharge point 003.
2.03 Dumb Friend's League Bypass (004) •
(1 ) Upon issuance of this permit and until its expiration,
or until such time during the life of this permit that the permittee
installs facilities to eliminate this discharge point, the permittee is
authorized to discharge from discharge point 004 (Dumb Friend's League
Bypass) , only to prevent overflows of raw sewage in. the immediate area
• of the West and Southside Main River Crossing (near the intersection of
Alameda Avenue and 1-25) .
•
(2) The permittee shall monitor the volume of flow being
discharged through point 004. The procedure for monitoring such flow
shall be the same as that contained in Section 2.08, paragraph (4) , of
this permit.
(3) The permittee shall investigate long-term solutions
to permanently eliminate discharges from point 004. Within ninety (90)
days of the issuance of this permit, the permittee shall submit to the
permit issuing authority for approval , a proposed schedule of compliance
which shall include, but is not limited to; dates for the initiation and
completion of: (i ) Preliminary plans; (ii ) Final plans and specifications;
• and (iii ) Construction of all facilities necessary to eliminate the need
to use discharge point 004. •
Permit No. CO-0026620 •
Page 7 of 19 •
•
2.04 East Side Plant Storm Overflow (005)
(1 ) Upon issuance of this permit and for ninety (90) days •
thereafter, the permittee is authorized to discharge from point source 005
(East Side Plant Storm Overflow) , only to prevent loss of life or severe
property damage. The permittee shall notify the permit issuing authority
within twenty-four (24) hours by telephone, and within five (5) days in •
writing, of any such discharge in accordance with the procedure specified
in Section 5.00 of the .Special Conditions of this permit.
•
(2) Discharge point 005 shall not be used for any
discharge whatsoever after the expiration of the ninety (90) day period,
authorized in paragraph (1 ) of this Section (2.04) . . •
2.05 Delgany Overflow (006) '- 31st Street and Arkins Court
(1 ) Upon issuance of this permit and until its expiration,
the permittee is authorized to discharge from discharge point 006, only.
when sewage flows exceed the carrying .capacity of that•portion of the
Delgany Main on which the discharge point is located.
(2) The permittee shall notify the permit issuing authority ••
of each bypass event from discharge point 006 by means of a monthly report.
The report shall include:
(i ) The cause for the discharge
(ii ) The duration of the discharge • •
(iii ) The estimated volume of the discharge and
peak rate-of-flow.
•
(3) The permittee shall investigate long-term solutions
to permanently eliminate discharges from point 006. Within ninety (90)
days of the issuance of this permit, the permittee shall submit to the
permit issuing authority for approval , a proposed schedule of compliance
which shall include, but is not limited to, dates for the initiation and
completion of: (i ) Preliminary plans; (ii) Final plans and specifications;
and (iii ) Construction of all facilities necessary to eliminate the need
to use discharge point 006.
(4) During past floods on the South Platte River, the
permittee has indicated flood waters may enter the permittee's collection
system, through discharge point 006. Upon issuance of this permit, if
such investigation has not already been completed , the permittee shall
investigate the likelihood of flood waters entering its system through
point 006 in the future, and the costs of installing facilities necessary
to eliminate this occurrence. The results of this investigation shall
be submitted to the permit issuing authority within sixty (60) days of
•
Permit No. CO-0026620
• Page 8 of 19
the issuance of this permit. If, upon determination by the permit •
issuing authority, the investigation indicates a significant frequency
of flood waters .entering the system through point 006, the permittee shall
submit a schedule for the installation of such facilities as are necessary
to prevent this occurrence.
•
. 2.06 Delgany Bypass (007) -
•
Upon issuance of this permit, the permittee shall not
use discharge point 007 (Delgany Bypass) , for any discharge whatsoever.
This discharge point is on an abandoned portion of the Delgany Main and
• the permittee shall , no later than ninety (90) days from the date of
issuance of this permit, have taken such steps as necessary to insure ,..
. • this abandoned portion of the Main is permanently disconnected from the
present functioning portion of the Main.
• 2.07 Sand Creek Discharge Points (008, 009) •
•
(1 ) Upon issuance of this permit and until its expiration,
the permittee is authorized to discharge from discharge. points 008 and
009 (Sand Creek Discharge Points at Syracuse Street, and Xenia and Smith •
Roads) , only wet weather flows in excess of the capacity of the permittee's
two (2) interception pump stations , located at Stapleton Airport on Smith .
Road. r
(2) Within one (1 ) year of the date of issuance of this
permit, the permittee shall complete a study to determine the sources of
• all polhutants discharged from discharge points 008 and 009. This study
•
shall include an investigation of the chemical and biological characteristics •
of the wastewaters discharged under all conditions of discharge (wet and •
dry weather) , including the concentration and pounds per day of such
pollutants as are contained in the wastewaters. As part of this aspect
of the study, the permittee shall monitor frequency of discharge, rates
of flow, COD, Suspended Solids , Oil and Grease, and toxic substances,
including Cadmium, Chromium, Copper, Cyanides, Lead, Nickel , Phenols,
and -Zinc.
The study shall also determine what modifications and changes in
present facilities are necessary to eliminate the need to use discharge
points 008 and 009, or to treat the wastes discharged, to a level adequate
to meet the requirements of Public Law 92-500.
The study shall also provide a compliance schedule for either the
elimination of the discharges or development of adequate treatment. This
schedule of compliance shall include, but is not limited to, dates for
the initiation and completion of: (i ) Preliminary plans; (ii) Final. plans
and specifications; and (iii ) Construction of all necessary facilities. • .
•
Permit No. CO-0026620 .
• Page 9 of 19
All study requirements shall be summarized in a report to be
completed and submitted to the permit issuing authority for review and
approval within sixty (50) days of the completion of the study.
(3) The present facilities for pumping and pretreatment
now existing in conjunction with discharge points 008 and 009, shall be
operated and maintained by the permittee, in such a manner as to minimize
the discharge of pollutants to Sand Creek, and achieve maximum removals
of Oil and Grease and sediment before discharging pretreated wastewaters •
to the Sand Creek interceptor.— •
•
2.08 Fifth Avenue and Zuni Street Discharge (010)
Alameda Avenue and Kalamath Street Discharge (011 )
• (1) Upon issuance of this permit and until its expiration,
or until such time during the life of this permit that the permittee .
installs facilities to eliminate this discharge point, the permittee is
authorized to discharge from discharge point 010 only to prevent; the
backup of sanitary sewage into the basements of homes and businesses
connected to the system tributary to this discharge, and flooding of
streets in the immediate area of Bryant Street and Fourth Avenue. •
(2) Upon issuance of this permit and until its expiration,
or until such time during the life of this permit that the permittee
installs facilities to eliminate this discharge, the permittee is authorized
to discharge from discharge point 011 , only to prevent the overflow of
sanitary sewage into the Alameda Avenue-I-25 intersection complex.
(3) The permittee shall investigate long-term solutions
to permanently eliminate discharges from points 010 and 011 and all such
• similar points in its system. Within ninety (90) days of the issuance
of this permit, the permittee shall submit to the permit issuing authority
for approval , a proposed schedule of compliance which shall include, but
is not limited to, dates for the initiation and completion of: (i ) Pre-
. liminary plans; (ii) Final plans and specifications; and (iii ) Construction
• of such facilities necessary to eliminate discharge of anything other than •
storm water from points 010 and 011 .
(4) The permittee shall within ninety (90)
days of the date of issuance of this permit, begin monitoring the volume
of flow of sanitary sewage being discharged from discharge points 010 and 011'.
This monitoring shall be representative of all flow discharged during any
period of discharge and shall include the duration of the discharge, the
peak rate-of-flow, and the estimated volume discharged. The records of
this flow monitoring shall be submitted to the permit issuing author.ity
on a monthly basis beginning at the end of the first complete or partial
calendar month after issuance of this permit. .
• •
Pei ,it t No. CO-0026620
. Page 10 of 19
2.09 Sloans Lake - West Byron Place and Vrain Street Discharge (012)
• ' (1 ) Updn issuance of this permit and until its expiration,
or until such time as alternative facilities are constructed during the
_ life of this permit, the• permittee is authorized -to discharge from dis-
charge point 012, only to prevent the backup of sanitary•sewage into •
homes connected to the system tributary to tnis . discharge point.
-
The permittee shall notify the permit issuing authority within-five
(5) days in writing, of each such discharge, in accordance with the .
procedures specified in Section 5.00 of the Special Conditions of this .
permit.
'(2) Within ninety (90) days of the issuance of this permit, .
the permittee shall submit to the permit issuing authority, a plan to
eliminate the discharge of sanitary sewage through discharge point 012.
• The plan shall include,' but is not limited to, the dates for the initiation •
and completion of: preliminary plans and specifications, and construction
of those facilities necessary to permanently eliminate the discharge of
anything other than storm water ,from discharge point 012.
(3) The permittee shall monitor the volume of flow of - •
• sanitary sewage being discharged through point 012. • The procedure for -.•:,.;. .
monitoring such flow shall be the same as that contained- in Section •
2.08, paragraph •(4) , of this permit. ` • .. .., ,:s.
.
3.00 Monitoring and Reporting Requirements
3.01 Monitoring Program
No later than ninety (90) days- from the •
• date of issuance of this permit, the permittee shall monitor the flow
of all discharges of sanitary sewage through discharge points 004, 010,
011 , and 012. This monitoring shall be 'representative of any period of
• discharge. The permittee shall submit to the permit issuing authority;_ . ---.
monthly reports containing the total daily volume of 'sewage discharged -'
through each of the points for that month.
Any flow monitoring device used by the permittee to achieve compliance
with this Section shall. have a recording chart, and charts obtained from _
this monitoring program shall be retained by the permittee for inspection •
and use of the permit issuing authority.•
This requirement in no way limits or precludes any other monitoring
and reporting requirements required by the State or any other authority,
and is not_intended-to comprise an inclusive listing- of monitoring pro- .
grams that' might be in use .by the permittee.
Pe, mit No. CO-0026620
Page 11 of 19
Svc
3.02 Data Collection
•
Monitoring shall be in accord with the best methods
technologically feasible, and shall be in a manner acceptable to the
Regional Administrator. (Consult the Region VIII . Treatment and .. '
Preservation Guide for basic considerations. }
Analytical and sampling methods utilized by the permittee shall
conform to the test procedures as defined pursuant to 40 CFR 136 (Title
40, Code of Federal Regulations , Part 136) or any modifications thereto.
At the request of the Regional Administrator, the permittee must-
be able to show proof of the accuracy of the flow-measuring and flow-
recording device used in obtaining data submitted for discharge monitoring.
3.03 Records and Reports'
The permittee shall record: the type of monitoring, .... . . :
monitoring location, date and time of monitoring, the technique used; ..
and name of person(s) responsible for the monitoring. Instrument recording
charts , and records of maintenance and/or calibration of instruments ,
shall be retained by the permittee for a minimum of three (3) years ,
and shall be available for inspection in the'offices of the permittee's
facility. The record retention period may be extended at the direction
of the Regional ,Administrator, and also must be retained during the
course of any period of unresolved litigation. The• sampling point
location shall be subject to the approval of the permit issuing authority.
Monitoring results shall be summarized and reported on a Discharge
. Monitoring Report Form OMB No. 158-R0073 or subsequent revisions, post-
marked no later than the 28th day of the month following the end of the
reporting period . Results shall be reported at monthly intervals and .
the first period shall be submitted for the first complete or partial
calendar month following the installation of flow monitoring devices.
Reports are to be submitted to the permit issuing authority over the
signature of the authorized signing official or his agent, as authorized
by a letter of delegation.
3.04 Other Consideration
Any unforeseen modifications or anticipated changes in
waste collection systems , industrial contribution, treatment and disposal
facilities , changes in operational procedures , elimination of discharge,
industry relocation , or other significant activities which alter thg
nature and/or frequency of the discharge(s) , or otherwise affect the
conditions of this permit, shall be enumerated in a written report
•
L"-"Permit No. CO-0026620
Page 12 of 19
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•
accompanying the first monitoring report following the development of
the aforementioned alterations or anticipated changes.
4.00 Solids Disposal
Effluent screenings, sludges, or other solid wastes , shall not
be discharged into the receiving waters or their tributaries , and shall
not be disposed of in such a manner as to allow the entry of, pollutants
from such materials into the receiving waters or their tributaries.
• 5.00 Accidental Discharge or Plant Upsets
5.01 :: Notification
The permittee shall notify the permit issuing authority,
within five (5) days in writing, of any accidental discharge, upset, or
any other discharge or action "or omission which will tend to violate the
conditions of this permit. Failure to provide such notification may
result in the revocation of this permit. Within sixty (60) days of the
issuance of this permit, the permittee shall file a statement with the.-
permit issuing authority, which shall contain the names of the person
or persons , who are designated to report conditions as noted in this
Section, which will tend to violate permit conditions. In the event_of
such conditions, the- above-named persons) will report the following
information as well as all other pertinent information:, .
(1 ) The cause of the accidental or irregular discharge: ;
(2) The' anticipated amount of time the discharge of
condition is expected to continue, or the length of time it did continue
' if it has been corrected prior to notification.
(3) the contents of the accidental or irregular discharge.
(4) Steps which will be, and have been taken by the
permittee, to mitigate any effect of the irregular discharge„or, condition.
on -the receiving water.
(5) The anticipated effect on the receiving water.
(6) Any measures that might be necessary for downstream
users to take, in order to protect their interests. ,
(7) What additional monitoring and recording activity
is being conducted.
Permit No. CO-0026620
• Page 13 of 19
5.02 Bypass Request
If, for any other reason, a complete or partial bypass
which would violate the terms and conditions of this permit, or any
unusual or irregular discharge which would violate the terms and conditions
of this permit, is considered necessary by the permittee, a request for
such bypass or discharge shall be submitted to the permit issuing
authority at least sixty (60) days prior to the proposed bypass or dis-
charge. The request shall conform to the format specified in Section 5.01 .
If the proposed bypass or discharge is judged acceptable by the permit
issuing authority, the bypass or discharge will be allowed, subject to
limitations imposed by the permit issuing authority.
If, after review and consideration, the proposed bypass or discharge
is determined to be unacceptable by the permit issuing authority, or
if limitations imposed on an approved bypass or discharge are violated,
such bypass or discharge shall be considered a violation of this permit;
and the fact that application was made and approved, shall not be a defense
to any action brought thereunder.
5.03 No Immunity from Prosecution
•
Compliance with the provision of this Section (5.00) ,
shall in no way provide the permittee with immunity from prosecution
for violations of this permit, pursuant to Section,309 of the Act. ,�
6.00 Reporting Responsibility
All data and reports shall be subject to Title 18, Section 1001
of the U.S. Code, and Section 309(c) (2) of the Federal Water Pollution
Control Act Amendments of 1972, which relate to the making of fraudulent
and incorrect statements.
_7.00 Industrial Wastes •
•
7.01 Permit Revision
•
When sufficient information becomes available to
establish limitations for industrial .pollutants being discharged to
the collection system and the Stapleton Airport storm water discharge
system (discharge points 008 and 009) , this permit may be revised to
specify effluent limitations for any or all pollutants.
7.02 Industry Compliance Reporting
When sufficient information becomes available to
establish limitations for industrial pollutants being discharged to
• .-.
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Permit No. CO-0026620
Page 14 of 19
the collection system, and the Stapleton Airport storm water discharge
_ system (discharge points 008 and 009), this permit may be revised to
specify effluent limitations for any or all pollutants.
7.03 Industrial Waste Monitoring •
Immediately upon issuance of this permit, the permittee
- - shall establish and implement, a procedure to obtain specific information
on the quality and quantity of effluents introduced by' all major con-
tributing industries.
This information shall be -submitted to the permit issuing authority
• on a semiannual basis, 'beginning June 30, 1975. This information shall
be submitted, using the NPDES Standard Form A, Section IV, as a format.
Once the specific nature of the industrial contribution has been _
identified, data collection and- reporting requirements maybe levied for
other parameters in addition to -those included in Section 3.00.
7.04 Industrial Effluent Guidelines
•
•
Based on the information regarding industrial inputs
reported -by the permittee pursuant to the preceding Section , the permit . .
may be amended to reflect effluent requirements for incompatible pollu-
• tants. In addition, the permittee will be notified by the permit
issuing authority of the pretreatment requirements necessary for each •
major contributing industry discharging incompatible pollutants to the
municipal system. The permittee shall require all such major contributing •
industries to implement the necessary pretreatment requirements. Not later
than one hundred twenty (120) days following receipt of the above informa
tion, the permittee shall notify the permit issuing authority -of specific
• ' actions taken to achieve compliance with the pretreatment requirements.
8.00 Permit Duration and Reapplication•
-
This permit will be in effect until October 1 , 1976. If the
permittee desires to continue to discharge, he shall reapply at least
one hundred eighty (180) days before this permit expires , using the
application forms then in use.
9.00 Abatement Program •
•
• 9.01 Implementation Plan
(1 ) The permittee' shall achieve compliance with the
preceding permit conditions ,. based on the following construction and
operational schedule: • . •
Permit No. C0-0026620
Page 15 of 19
(a) Complete final plans and specifications for
main plant headworks improvement and equalization basins, within thirty . .
(30) days of the issuance of this permit. -
(b) Complete final plans and specifications for the
Northeast Sanitary Project (lift station and associated interceptors) •
within thirty (30) days of the issuance of this permit. , .
(c) Commence construction on the Northeast Sanitary
Project by June 1 , 1975. •
(d) Submit progress report by December 31 , 1975.
• (e) Complete construction of the Northeast
Sanitary Project by September 1 , 1976. '
(f) Northeast Sanitary Project to be fully opera-
tional by October 1 , 1976.
(2) The permittee shall submit to the permit issuing _ .
authority within ten (10) days following each interim date and the final
date on the implementation schedule, a report detailing compliance or -
noncompliance. If noncompliance is reported, reasons shall be stated . _ _ ,
plus an estimate of the date by which the permittee will complete the • ,-
delayed event. The permittee will notify the permit issuing authority
. by letter when he has returned- to compliance with the implementation
schedule.
. • 10.00 Planning and Management Requirement . .
-Th -permittee, in consultation with the several local govern-
meets served by its collection system, shall develop a schedule of new . .....
extensions , connections , and hookups of new sources (e.g. , dwelling '
units) , to its waste treatment system, covering the period of time until .
permanent facilities relieving the present •overloaded conditions can be
constructed. This schedule should be phased to prevent aggravating the
existing overflow conditions that exist at the permittee's several over-
flow discharge points. . A copy of this schedule, along with a statement
of concurrence (or nonconcurrence) , from the local governments , shall be
submitted to the permit issuing authority for review, within ninety (90)
days of issuance of this permit. Thereafter, a twice-yearly report shall
be submitted by the permittee to the permit issuing authority, and the
various local governments , tracking the rate of actual hookups, connections,
and extensions , against the agreed-upon schedule. If the schedule is
revised, copies of the new schedule shall be provided with the semi.annual
report.
•
Permit No. CO-0026620
Page 16 of 19
11 .00 Expansion Requirements
The permittee shall : •
•
Initiate engineering and financial planning for expansion
of the sewage treatment works whenever throughput and treatment reaches
eighty (80) percent of design capacity;
Commence construction of such sewage treatment works
expansion whenever throughput and treatment reaches ninety-five (95)
percent of design capacity or, in case of a municipality, either commence
such construction or cease issuance of building permits within such
municipality, until such construction is commenced, except that building
- - permits may continue to be issued for any construction which would not
-have the effect of increasing the input of sewage to the sewage treatment
works of the municipality involved (CRS 25-8-50I (6) ) . -
12.00 Enforcement Notice
Should there be a violation of any conditions of this permit,
. the Environmental Protection Agency has the authority under Section 402(h)
of the Act, to proceed in a court of competent jurisdiction, to restrict
or prohibit the introduction of any pollutant into the treatment system
covered by this permit by a source not utilizing such treatment system
prior to the finding that such condition was violated. It is intended
that this provision will be implemented by the Agency, or the State,
as appropriate.
13.00 Definitions
Except as otherwise specifically provided:
(a) The term "Act" means the Federal Water Pollution
Control Act Amendments of 1972, Public Law 92-500.
(b) The term "Director" means the Director of the
Water Quality Control Division of the Colorado Department of Health or
his designated representative.
(c) The term "Regional Administrator" means the Regional
Administrator of Region VIII of the Environmental Protection Agency or
his designated representative.
(d) The term "Major Contributing Industry" means any
industry that: (1 ) has a flow of 50,000 gallons or more per average
workday; (2) has a flow greater than five (5) percent of the flow •
•
• L1.. mit No. CO-0026620
Page 17 of 19
•
, carried by the municipal ,system receiving the waste; (3) has in its •
waste, a toxic pollutant in toxic amounts as defined in standards .
issued under Section 307(a). of the Act; or (4) has significant impact,
either singly or. in combination with other contributing industries, on •
the treatment works or the quality of its effluent.
V
(e) The term "Permit Issuing Authority" means: •
• (1 ) .U.S. Environmental Protection Agency, Region VIII
• 1850 Lincoln Street, Suite 900
- Denver, Colorado 80220 .
Attention: Enforcement - ,Permits . . :•..,...:
(2) State of Colorado Department of Health -
- • Water Quality Control Division -. .
- • 4210 East 11th Avenue
- V Denver,. Colorado 80220• .
•
14.00 Point Source Location
• Point Source Description and Location
001 Denver Northside Treatment .Plant main ••
plant bypass on the west bank of the South
Platte River, located at latitude 39°47'00"
North, longitude.104°56 '05" West, at the
• •Delgany Main River. Crossing.
002 Denver Northside Treatment Plant Rocky
Mountain Overflow on the west bank of
• - the South Platte River, located at
latitude 39°47 '50" North, longitude
. 104°56'05" West, approximately 200 feet .
downstream from the Delgany Main River
• Crossing. V
003 . • 51st and York Street Overflow, on the
east side of the Burlington Ditch,
located at latitude 39°47 '34" North,
longitude 104°57'31" West, approximately
0.2 miles (0.4 kilometers) upstream from
the York Street bridge, across the
Burlington Ditch.
004 Dumb Friend's League Bypass on the east
bank of the South Platte River, located
-. at latitude 39°41 '40" North, longitude
104°58'45" West, at 1295 South Santa Fe
' Drive, approximately 2.5 miles (3 kilometers)
Permit No. CO-0026520
Page 18 of 19
•
Point Source.- Description and Location
•
004
(Continued) upstream from the Alameda Avenue bridge
across the South Platte.
005 East Side Treatment Plant storm overflow
on the South bank of Sand Creek, located
at latitude 39°46'15" North, longitude . •
---104°53 '20" West, approximately 0.7 miles
, (1 .1 kilometers) upstream from the I-70, ,
• . , .: ,-. bridge across Sand Creek. . , •
• 006 Delgany Main Overflow on the east bank
of the South Platte River, located at.
latitude 39°46'03" North, longitude
104°59'01" West, at the former river
crossing of the 31st Street Bridge (31st
Street and Arkins Court) .
007 • • Delgany Bypass on the east bank of the
South Platte River, located at latitude.
39°46'57° North, and longitude 104°58'32"
-. . West, approximately 0.15 miles (0.25
kilometers) downstream from the I-70
. South Platte River. Crossing.•
008 Sand Creek at Syracuse Street storm drain
outfall on the south bank of Sand Creek,
located at latitude 39°46'37" North,
, longitude 104°53 '51 " West, approximately
0.375 miles (0.6 kilometers) upstream
. from the I-70 bridge across Sand Creek.
009 Sand Creek at Zenia and Smith Road storm
• drain outfall on the west bank of Sand
Creek, located at latitude 39°46' 13" North,
longitude 104°53 '6" West, approximately
200 feet (61 meters) upstream from the •
Smith Road bridge across Sand Creek
010 Fifth Avenue and Zuni Street storm drain •
identified as Denver Health Department
index number N-51-W, on the west bank of
the South Platte River, located at ,
latitude 39°43 '26" North, longitude
105°00'37" West, approximately 500 feet •
(153 meters) upstream from the 6th Avenue
Freeway bridge across the South Platte.
Permit No. CO-0026620
Page 19 of 19
Point Source Description and Location
011 Alameda Avenue and Kalamath Street.
Discharge is from a storm drain identified
as Denver Health Department index number
S-33-E, on the east bank of the South
• Platte River, located at latitude 39°42'37"
North, longitude 104°59'56" West, immediately
upstream from the Alameda Avenue crossing of
the South Platte.
012 Sloans Lake - West Byron Place and Vrain
Street. Discharge is from a storm drain
on the north shore of Sloans Lake at
latitude 39°45'10" North, longitude
105°02'50" West, immediately south of the
above-cited intersection. •
ASSISTANT DISTRICT ATTORNEY OFFICE OF THE DISTRICT ATTORNEY ADMINISTRATIVE OFFICE
Harlan R.Bockman SEVENTEENTH JUDICIAL DISTRICT 7290 Magnolia Street
CHIEF DEPUTY Commerce City,Colorado 80012
RobertJ.Braswell SSA Telephone:287-0211
ADMINISTRATIVE ASSISTANT -RZi TRIAL OFFICE
Lois A.Cope 1931 East Bridge Street
CHIEF INVESTIGATOR t' "`D Brighton,Colorado 80601
Kenneth D.Linguist Telephone:659-4750
FLOYD MARKS NON-SUPPORT DIV.
—DISTRICT ATTORNEY— 4th and Bridge St.
Brighton,Colorado 80601
May 1, 1975 Telephone:659-2120,Ext.266
U. S . Environmental Protection Agency
Region Eight, Enforcement Division
Permits , Administration and Compliance Branch
1860 Lincoln Street
Denver, Colorado 80203
Permits Section
Water Quality Control Division
Colorado Department of Public Health
4210 East 11th Avenue
Denver, Colorado 80220
Re: NPDES PERMIT NO. CO 0026620
City and County of Denver
Denver, Colorado
Dear Sirs:
Pursuant to the provisions of federal and state regulations,
acting in my capacity as District Attorney for the Seventeenth
Judicial District, County of Adams, State of Colorado, I make de-
mand for a public hearing concerning the application of the City
and County -of Denver for a sewage discharge permit, proposed
draft dated April 4, 1975.
I am statutorily obligated to enforce the public health laws ,
specifically the Colorado Water Quality Control Act, in the
Seventeenth Judicial District in Adams County. The state Act
defines a pollutant as "sewage and sewage sludge" (C.R.S . 1973 ,
§25-8-103 (11) .
The City and County of Denver has applied for a permit to dis-
charge raw sewage into the mainstream of the South Platte River.
The South Platte River flows from the City and County of Denver
through Adams County. The introduction of untreated sewage into
the South Platte River by the City and County of Denver constitutes
an extreme health hazard. The water of this river is used by the
public for domestic, agricultural, and other consumptive uses.
U. S. Environmental Protection Agency
Colorado Department of Public Health
Re: NPDES PERMIT NO. CO 0026620
City and County of Denver
Denver, Colorado
May 1, 1975
Page Two
Raw or inadequately treated sewage carries infectious organisms.
This material is readily transferable by domestic animals, insects,
or direct contact. The presence of this raw or inadequately
treated sewage in the river and its outgoing tributaries , such as
irrigation ditches, readily disseminates this contaminated material
- to the community. It is highly probable that the produce of truck
farms irrigated with river water would be contaminated and this
contamination be carried to the general communities through the
sale of these products. Disease organisms which are normally found
in raw or inadequately treated sewage include salmonellas (more
particularly, typhoid, para-typhoid, etc. ) , amoebic dysentery, and
bacilliary dysentery.
If the City and County of Denver disposes ra*d or inadequately
treated sewage, there will be a time lag of approximately five
days before the fact of such discharge could be confirmed by
laboratory analysis because of the necessary laboratory procedures.
This delay will increase the likelihood of the outbreak of epidemics.
Upon the confirmed discharge of raw or inadequately treated sewage,
and because of the low flow of the river at particular times of
such discharges, the dilution factor would be minimal and would
result in a high concentration of said disease organisms. The raw
or inadequately treated sewage will create irreparable damage to
fish in the South Platte River and wildlife in its immediate sur-
roundings. Dumpage during periods of low flow of the South Platte
River will cause a persistent odor problem along the river and its
outgoing tributaries.
Not only is such a discharge of untreated sewage hazardous to
public health, but also such a discharge would be in direct vio-
lation of C.R.S . 1973, X25-8-503 (4) , which states:
"No discharge shall be permitted that by itself or
in combination with other pollution, will result
in the pollution of the receiving waters in excess
of the pollution permitted by applicable water
quality standards unless the permit contains affluent
limitations and a schedule of compliance specifying
treatment requirements" .
• U. S. Environmental Protection Agency
Colorado Department of Public Health
Re: NPDES PERMIT NO. CO 0026620
City and County of Denver
Denver, Colorado
May 1, 1975
Page Three
Because a discharge such as that which Denver seeks to legitimize
by permit is a health hazard, and because the issuance of such a
permit would be in direct violation of statutory provisions, no
permit should issue.
I strongly urge the denial of the application for this permit
for Denver. If, however, the permit is to issue, a public hearing
is imperative to bring under public scrutiny the restrictions upon
discharge of raw sewage by Denver. The proposed permit in its
present form is inadequate in numerous respects, in particular,
the provision for limitation upon the quantity of discharge and
• the scheduling of discharge should be more stringent. Neither
the fact sheet nor the provision of the permit adequately justify
the need for 12 discharge points. As minimal a number of discharge
points as possible should be authorized. This will facilitate
stricter monitoring and enforcement of specified requirements and
will assure compliance by the City and County of Denver with the
terms of the permit.
{
Other restrictions and limitations on the permit which should be
reviewed concern notice of accidental discharge, the removal and/or
repair of cross-connections between sewage systems and storm
drainage systems, the repair of antiquated equipment that results
in leakage of any raw sewage in excess of that authorized by the
permit, and provisions for more stringent monitoring by an indepen-
dent agency.
Lastly, a public hearing is essential to inform the public of the
present health hazard engendered by .Denver' s policy of discharging
raw sewage into the South Platte River. The records of the U. S.
Environmental Protection Agency, the Tri-County Health Department,
and the State Health Department, all reflect the fact that the
City and County of Denver has been and, in fact, is now discharging
raw sewage into the river. On July 29 , 1974, raw sewage affluent
was discharged by the City and County of Denver into the South
Platte River between the hours of 5 : 00 p.m. and 7:00 p.m. That
point of discharge is identified in the proposed permit as Source
006 , more commonly known as the intersection of 31st Avenue, Arkin
Court, and the South Platter River. Nor is this July 29th inci-
dent an isolated one. All 12 proposed source points have discharged
from overflows at times of moderate precipitation. Three of these
• U. S. Environmental Protection Agency
Colorado Department of Public Health
Re: NUDES PER_ IT NO. CO 0026620
City and County of Denver
Denver, Colorado
May 1, 1975
Page Four
point sources , 004, 010 , and 011, regularly discharge raw sewage
cn days of no precipitation.
Initially, when the EPA was presented with Denver' s application
for a permit, the EPA requested that Denver present a study of
• alternatives to discharge of untreated sewage directly into the .
river. In response to that request, Denver submitted three al-
ternative short-term solutions. These alternatives were as
costly and would require as much time to implement as proposed
long-term solutions. It is probable that an independent, dis-
interested agency would develop more realistic and economic al-
ternatives. An investigation by such an independent agency should
be required prior to the issuance of any permit.
A plan known as "The Platte II Intercepter Project" has been de-
signed to eliminate the discharge problem. The design for this
project has been completed for several years. Originally, the
EPA recommended that the Metropolitan Sewage District include
The Platte II Intercepter Project in its plan for the funding
and construction of the new Metropolitan Sewage District Treatment
Plant. The EPA requested that Metro and Denver discuss and re-
solve five areas of conflict concerning that new treatment plant.
The most significant of these conflicts concerned the integration
of The Platte II Intercepter Project into the Metropolitan system.
Denver sought to incorporate The Platte II Intercepter Project
into its municipal system rather than permit that intercepter
to be integrated into the Metro system. Due to this jurisdic-
tional conflict, Denver refused to cooperate with Metro to
develop The Platte II Intercepter. ;No funding was obtained for
the project, consequently, no project was started. The present
overflow problem has resulted.
Due to their refusal to cooperate, the municipal officers of
Denver must bear the responsibility for the present discharge
problem. 'The citizens of the state who live downstream from
the discharge points are the potential victims of this irrespon-
sible conduct.
Circulation of the notice of the proposed permit by Denver was ,
minimal. Other interested governmental agencies should be given
the opportunity to join in the demand for a public hearing on this
U. S. Environmental Protection Agency
Colorado Department of Public Health
Re: NPDES PERMIT NO. CO 0026620
City and County of Denver
Denver, Colorado
May 1, 1975
Page Five
matter. Pursuant to the rules of the EPA and the State Health
Department, I request that the agency extend the time period
within which such demands for a public hearing on the permit
may be submitted, and that additional notification be sent to
all interested parties downstream from the Denver discharge
points.
Yours very truly,
I/ /M. 1
FM:c -lo Yd narks
Hello