Current through Register Vol. 47, No. 5, March 10, 2024
(a) Should the permittee desire to continue
the discharge after the expiration of the period of the permit, the permittee
shall submit a complete renewal application form. A complete renewal
application shall consist of:
(i) A statement
that the permittee is in compliance with or has substantially complied with all
the terms, conditions, requirements, and schedules of compliance of the
expiring permit;
(ii) A description
of any substantial changes related to the facility or discharge occurring since
the issuance of the existing permit, which materially affect the quantity or
quality of the permitted effluent; and
(iii) Any additional information that the
Division may find reasonably necessary to evaluate the renewal
application.
(b) The
Division may incorporate in a renewal permit any changes necessitated by
statutory or regulatory revisions or material alterations affecting the quality
of the permittee's effluent. Renewal applications review shall follow the
standards of sections
24-4-102 and
24-4-104, C.R.S.
(c) All sections of these regulations
pertaining to the issuance of permits except as provided in this section shall
apply to any request for a permit renewal.
(d) Where the applicant has made timely and
sufficient application for the renewal of a permit, if the application is
denied and an adjudicatory hearing is timely requested, the Division's
determination shall not be final until final action by the Division after the
adjudicatory hearing.
(e) A permit
may not be renewed, reissued, or modified to contain effluent limitations
adopted pursuant to section
25-8-503(1)(b)
(BPJ), which are less stringent than the
comparable effluent limitations or standards in the previous permit, unless any
one of the following exceptions is met and the conditions of paragraph (g) of
this section are met:
(i) Material and
substantial alterations or additions to the permitted facility occurred after
permit issuance which justify the application of less stringent effluent
limitations; or
(ii) Information is
available which was not available at the time of permit issuance (other than
revised regulations, guidance, or test methods) and which would have justified
the application of a less stringent effluent limitation or standard at the time
of permit issuance; or
(iii) The
Division determines that technical mistakes or mistaken interpretations of law
were made in issuing the permit, which justified relaxation of the effluent
limitations or standards; or
(iv) A
less stringent effluent limitation or standard is necessary because of events
over which the permittee has no control and for which there is not reasonable
available remedy; or
(v) The
permittee has received a permit variance; or
(vi) The permittee has installed the
treatment facilities required to meet the effluent limitations in the previous
permit and has properly operated and maintained the facilities but has
nevertheless been unable to achieve the previous effluent limitations, in which
case, the limitations in the renewed, reissued, or modified permit may reflect
the level of pollutant control actually achieved (but shall not be less
stringent than required by effluent guidelines in effect at the time of permit
renewal, re-issuance, or modification).
(f) A permit may not be renewed, reissued, or
modified to contain effluent limitations adopted pursuant to 61.8(2)(b) or (c)
that are less stringent than the comparable effluent limitations in the
previous permit, unless any of the exceptions provided herein is met and the
conditions of paragraph (g) of this section are met.
(i) In waters where the applicable water
quality standard has not yet been attained, effluent limitations based on a
total maximum daily load or other waste load allocation may be revised to be
less stringent if the cumulative effect of all such revisions assures
attainment of such water quality standard, or the designated use which is not
being attained is removed in accordance with Regulation No. 31, section 6 of
the Basic Standards.
(ii) In waters
where the applicable water quality standard has been attained, effluent
limitations based on a total maximum daily load, other waste load allocation,
or any other permitting standard (including any water quality standard) may be
revised to be less stringent if such revision is subject to and consistent with
the antidegradation provisions of Regulation No. 31 section 8 of the Basic
Standards. Consistency with Regulation No. 31, section 8 shall be presumed if
the waters in question have been designated by the Commission as "use
protected"; or
(iii) Whether or not
the applicable water quality standard has been attained:
(A) Material and substantial alterations or
additions to the permitted facility occurred after permit issuance which
justified the application of less stringent effluent limitations; or
(B) Information is available which was not
available at the time of permit issuance (other than revised regulations,
guidance, or test methods) and which would have justified the application of a
less stringent effluent limitation or standard at the time of permit issuance;
or
(C) The Division determines that
technical mistakes or mistaken interpretations of law were made in issuing the
permit, which justified relaxation of the effluent limitations or standards;
or
(D) A less stringent effluent
limitation is necessary because of events over which the permittee has no
control and for which there is not reasonable available remedy; or
(E) The permittee has received a permit
variance; or
(F) The permittee has
installed the treatment facilities required to meet the effluent limitations in
the previous permit and has properly operated and maintained the facilities but
has nevertheless been unable to achieve the previous effluent limitations, in
which case, the limitations in the reviewed, reissued, or modified permit may
reflect the level of pollutant control actually achieved (but shall not be less
stringent than required by effluent guidelines in effect at the time of permit
renewal, reissuance, or modification).
(g) In no event may a permit with respect to
which paragraphs (e) and (f) of this section apply be renewed, reissued, or
modified to contain an effluent limitation or standard which is less stringent
than required by federal effluent guidelines in effect at the time the permit
is renewed, reissued, or modified. In no event may such a permit to discharge
into state waters be renewed, reissued, or modified to contain a less stringent
effluent limitation if the implementation of such limitation would result in a
violation of an applicable water quality standard.
