Code of Colorado Regulations
1000 - Department of Public Health and Environment
1002 - Water Quality Control Commission (1002 Series)
5 CCR 1002-82 - REGULATION NO. 82 - 401 CERTIFICATION REGULATION
Section 5 CCR 1002-82.1 - PURPOSE

The purpose of this regulation is to implement section 25-8-302(1)(f) C.R.S. which became law on June 4, 1985. The Commission construes this section as a direction by the Colorado legislature to define what conditions can be required by the Water Quality Control Division in connection with certification of federal licenses and permits under Section 401 of the Federal Clean Water Act, consistent with the Colorado Water Quality Control Act. This regulation authorizes the Water Quality Control Division to certify, conditionally certify, or deny certification of federal licenses and permits in accordance with Section 401 of the Federal Clean Water Act and sets forth certification conditions applicable to all certifications except for the federal 402 permit certifications and the procedures for developing conditions to be included with certification, where necessary. The Division maintains a policy document with Best Management Practices (BMPs) that may be considered in developing conditions.

By this regulation and pursuant to section 25-8-302(1)(f) C.R.S., General or Nationwide permits under Section 404 of the Federal Act are certified without the addition of BMPs or other conditions, and no further action on such permits by the applicant or the Division is required.

This regulation applies to Water Quality Control Division certification of permits issued by the U.S. Army Corps of Engineers pursuant to Section 404 of the Clean Water Act, Federal Energy Regulatory Commission licenses for hydropower Projects, and other federal permits which involve a discharge into waters of the state, including permits issued by the Environmental Protection Agency (EPA) pursuant to section 402 of the Federal Act.