Code of Colorado Regulations
1000 - Department of Public Health and Environment
1002 - Water Quality Control Commission (1002 Series)
5 CCR 1002-61 - REGULATION NO. 61 - COLORADO DISCHARGE PERMIT SYSTEM REGULATIONS
Section 5 CCR 1002-61.9 - OTHER TYPES OF PERMITS
Universal Citation: 5 CO Code Regs 1002-61 ยง 9
Current through Register Vol. 47, No. 17, September 10, 2024
61.9(1) TEMPORARY AND EXTENDED PERMITS
(a) If the Division has not issued or denied
a permit within one hundred eighty days after receipt of a complete and
accurate permit application, unless this time limit is waived or extended by
the applicant, or if the Division determines at any time after receiving an
application that it cannot issue a permit prior to the expiration of an
existing permit, the Division shall issue a temporary permit or the existing
permit shall be extended pursuant to the operation of section
24-4-104 C.R.S.
(b) All temporary permits shall comply with
the water quality standards and shall contain such conditions as are necessary
to protect the public health and shall not be less restrictive than required by
state and federal effluent guidelines unless a schedule of compliance or a
variance is set forth therein. A temporary permit shall be issued for a period
not to exceed two (2) years and shall expire as provided in the issuance or
denial of the final permit.
(c) An
applicant may appeal the decision of the Division with respect to the temporary
permit in accordance with section 21.4 A(3)(b) of the Procedural Regulations,
Regulation No. 21.
(d) If and when
the terms and conditions of a temporary permit are appealed in the instance of
a new permit for a proposed discharge, the applicant is prohibited from
discharging until a suitable temporary or final permit is issued unless the
permittee accepts the permit subject to appeal. In the instance of an appeal of
an extended existing permit, the terms and conditions of the extended permit
remain in effect and are enforceable pursuant to section 61.7 of these
regulations until final action on the permit is taken by the
Division.
(e) If an existing permit
is extended or a temporary permit issued pursuant to section
25-8-502(a)(l)
or 24-4-104 C.R.S., the temporary or
extended permit shall be noticed in accordance with section
25-8-502, C.R.S., and section
61.5(2) of these regulations.
61.9(2) GENERAL PERMITS
(a) Coverage. The Division may issue a
general permit to cover a category of discharges, except those covered by
individual permits, within a geographic area which shall correspond to existing
geographic or political boundaries. The general permit shall be written to
regulate, either
(i) stormwater point source;
or
(ii) a category of point sources
other than stormwater point sources if the sources all:
(A) involve the same or substantially similar
types of operations;
(B) discharge
the same types of wastes;
(C)
require the same effluent limitations or operating conditions;
(D) require the same or similar monitoring;
and
(E) in the opinion of the
Director, are more appropriately controlled under a general permit than under
individual permits.
(b) Administration.
(i) In general.
General permits may be issued, modified, revoked and reissued, or terminated in accordance with 61.5(2), 61.5(3). 61.5(4), 61.6, 61.7,61.7(1), 61.8 and 61.8(3).
(ii) Authorization to discharge.
(A) Except as provided in 61.9(2)(b)(ii)(E)
and (F), discharges (or treatment works treating domestic sewage) seeking
coverage under a general permit shall submit to the Division a written
application to be covered by the general permit. A discharger (or treatment
works treating domestic sewage) who fails to submit an application in
accordance with the terms of the permit is not authorized to discharge under
the terms of the general permit unless the general permit, in accordance with
61.9(2)(b)(ii)(E), contains a provision that an application is not required or
the Division notifies a discharger (or treatment works treating domestic
sewage) that it is covered by a general permit in accordance with
61.9(2)(b)(ii)(F). A complete and timely application, to be covered in
accordance with general permit requirements, fulfills the requirements for
permit applications for coverage under a general permit unless the Division
notifies the applicant that an individual permit is required.
(B) The contents of the application shall be
specified in the general permit and shall require the submission of information
necessary for adequate program implementation, including at a minimum, the
legal name and address of the owner or operator, the facility name and address,
type of facility or discharges, and the receiving stream(s). All applications
shall be signed in accordance with 61.4(1).
(C) General permits shall specify the
deadlines for submitting applications to be covered and the date(s) when a
discharger is authorized to discharge under the permit;
(D) General permits shall specify whether a
discharger (or treatment works treating domestic sewage) that has submitted a
complete and timely application to be covered in accordance with the general
permit and that is eligible for coverage under the permit, is authorized to
discharge, in accordance with the permit either upon receipt of the application
by the Division, after a waiting period specified in the general permit, on a
date specified in the general permit, or upon receipt of notification of
inclusion by the Division. Coverage may be terminated or revoked in accordance
with 61.9(2)(b)(iii).
(E)
Discharges other than discharges from publicly owned treatment works, combined
sewer overflows, municipal separate storm sewer systems, primary industrial
facilities, and stormwater discharges associated with industrial activity, may,
at the discretion of the Division, be authorized to discharge under a general
permit without submitting an application where the Division finds that an
application requirement would be inappropriate. In making such a finding, the
Division shall consider: the type of discharge, the expected nature of the
discharge; the potential for toxic and conventional pollutants in the
discharges; the expected volume of the discharges; other means of identifying
discharges covered by the permit; and the estimated number of discharges to be
covered by the permit. The Division shall provide in the public notice of the
general permit the reasons for not requiring an application.
(F) The Division may notify a discharger (or
treatment works treating domestic sewage) that it is covered by a general
permit, even if the discharger (or treatment works treating domestic sewage)
has not submitted an application to be covered. A discharger (or treatment
works treating domestic sewage) so notified may request an individual permit
under 61.9(2)(b)(iii).
(iii) Requiring an individual permit.
(A) The Director may require any person
authorized by a general permit to apply for and obtain an individual permit.
Cases where an individual permit may be required include the following:
(I) the discharge is a significant
contributor of pollution;
(II) the
discharge is not in compliance with the conditions of the general
permit;
(III) a change has occurred
in the availability of demonstrated technology or practices for the control or
abatement of pollutants applicable to the point source; or
(IV) effluent limitation guidelines are
promulgated for point sources covered by the general permit;
(V) a water quality management plan
containing requirements applicable to such point sources is approved;
and
(VI) circumstances have changed
since the time of the request to be covered so that the discharger is no longer
appropriately controlled under the general permit, or either a temporary or
permanent reduction or elimination of the authorized discharge is
necessary.
(B) Any owner
or operator authorized by a general permit may request to be excluded from the
coverage of the general permit by applying for an individual permit, as
required in 61.4.
(C) When an
individual permit is issued to an owner or operator otherwise subject to a
general permit, the applicability of the general permit to the individual
permittee is automatically terminated on the effective date of the individual
permit.
(D) A source excluded from
a general permit solely because it already has an individual permit may request
that the individual permit be revoked, and that it be covered by the general
permit. Upon revocation of the individual permit, the general permit shall
apply to the source.
(c) Any owner or operator shall apply for
coverage in a general permit category, prior to beginning the activity and
within the time frame specified in the general permit, on application forms
supplied by the Division.
(d) The
Division shall review the application and certify or deny the request based on
criteria established by the Division for the category.
(e) Procedures will also include opportunity
for any owner or operator to exclude himself or herself from the general permit
process. Any such excluded owners or operators would then be subject to the
individual permit program.
(f)
General permits will include all conditions determined necessary by the State
for protection of the waters of the State.
(g) General permits may be issued for a term
of not more than five (5) years, and may be modified, suspended, or terminated
by the permit-issuing agency if necessary to effectively implement protection
of waters of the State. Termination may apply to individual owners or
operators, to several owners or operators, or to an entire GPPA. In cases where
the termination does not affect all owners and operators, the general permit
shall remain in effect with respect to those unaffected owners and
operators.
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