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 1002-82.6 - CERTIFICATION REQUIREMENTS
Universal Citation: 5 CO Code Regs 1002-82 ยง 6
Current through Register Vol. 47, No. 17, September 10, 2024
(A) The following requirements shall apply to all certifications:
(1) Authorized representatives from the
Division shall be permitted to enter upon the site where the construction
activity or operation of the Project is taking place for purposes of inspection
of compliance with BMPs and certification conditions.
(2) In the event of any changes in control or
ownership of facilities where the construction activity or operation of the
Project is taking place, the successor shall be notified in writing by his
predecessor of the existence of the BMPs and certification conditions. A copy
of such notification shall be provided to the Division.
(3) If the permittee discovers that
certification conditions are not being implemented as designed, or if there is
an exceedance of water quality standards despite compliance with the
certification conditions and there is reason to believe that the exceedance is
caused, in whole or in part, by the Project, the permittee shall verbally
notify the Division of such failure or exceedance within two (2) working days
of becoming aware of the same. Within ten (10) working days of such
notification, the permittee shall provide to the Division, in writing, the
following:
(a) In the case of the failure to
comply with the certification conditions, a description of
(i) the nature of such failure,
(ii) any reasons for such failure,
(iii) the period of non-compliance,
and
(iv) the measures to be taken
to correct such failure to comply; and
(b) In the case of the exceedance of a water
quality standard,
(i) an explanation, to the
extent known after reasonable investigation, of the relationship between the
Project and the exceedance,
(ii)
the identity any other known contributions to the exceedance, and
(iii) a proposal to modify the certification
conditions so as to remedy the contribution of the Project to the
exceedance.
(4) Any anticipated change in discharge
location and/or quantities associated with the Project which may result in
water quality impacts not considered in the original certification must be
reported to the Division by submission of a written notice by the permittee
prior to the change. If the change is determined to be significant, the
permittee will be notified within ten days, and the change will be acknowledged
and approved or disapproved.
(5)
Any diversion from or bypass of facilities necessary to maintain compliance
with the terms and conditions herein is prohibited, except (i) where
unavoidable to prevent loss of life or severe property damage, or (ii) where
excessive storm drainage or runoff would damage any facilities necessary for
compliance with limitations and prohibitions herein. The Division shall be
notified immediately in writing of each such diversion or bypass.
(6) At least fifteen days prior to
commencement of a Project in a watercourse, which the Division has certified,
or conditionally certified, the permittee shall notify the following:
(a) Applicable local health
departments;
(b) Owners or
operators of municipal and domestic water treatment intakes which are located
within twenty miles downstream from the site of the Project; and
(c) Owners or operators of other intakes or
diversions which are located within five miles downstream from the site of the
Project.
The permittee shall maintain a list of the persons and entities notified, including the date and form of notification.
(7) Immediately upon
discovery of any spill or other discharge to waters of the state not authorized
by the applicable license or permit, the permittee shall notify the following;
(a) Applicable local health
departments;
(b) Owners or
operators of municipal and domestic water treatment intakes which are located
within twenty miles downstream from the site of the Project; and
(c) Owners or operators of other intakes or
diversions which are located within five miles downstream from the site of the
Project.
The permittee shall maintain a list of the persons and entities notified, including the date and form of notification.
(8) Construction
operations within watercourses and water bodies shall be restricted to only
those Project areas specified in the federal license or permit
(9) No construction equipment shall be
operated below the existing water surface until the Division is
notified.
(10) Work should be
carried out diligently and completed as soon as practicable. To the maximum
extent practicable, discharges of dredged or fill material shall be restricted
to those periods when impacts to designated uses are minimal.
(11) The Project shall incorporate provisions
for operation, maintenance, and replacement of BMPs to assure compliance with
the conditions identified in this section, and any other conditions placed in
the permit or certification. All such provisions shall be identified and
compiled in an operation and maintenance plan which will be retained by the
Project owner and available for inspection within a reasonable timeframe upon
request by any authorized representative of the Division.
(12) The use of chemicals during construction
and operation shall be in accordance with the manufacturers' specifications.
There shall be no excess application and introduction of chemicals into state
waters.
(13) All solids, sludges,
dredged or stockpiled materials and all fuels, lubricants, other toxic
materials shall be controlled in a manner so as to prevent such materials from
entering state waters.
(14) All
seed, mulching material and straw used in the Project shall be state-certified
weed-free.
(15) Discharges of
dredged or fill material in excess of that necessary to complete the Project
are not permitted.
(16) Discharges
to state waters not identified in the license or permit and not certified in
accordance therewith are not allowed, subject to the terms of any 401
certification.
(17) Except as
otherwise provided pursuant to subsection 82.7 , no discharge shall be allowed
which causes non-attainment of a narrative water quality standard identified in
the Basic Standards and Methodologies for Surface Waters, Regulation No. 31
(5 CCR
1002-31), including, but not limited to discharges of
substances in amounts, concentrations or combinations which:
(a) Can settle to form bottom deposits
detrimental to beneficial uses; or
(b) Form floating debris, scum, or other
surface materials sufficient to harm existing beneficial uses; or
(c) Produce color, odor, or other conditions
in such a degree as to create a nuisance or harm existing beneficial uses or
impart any undesirable taste to significant edible aquatic species, or to the
water; or
(d) Are harmful to the
beneficial uses or toxic to humans, animals, plants, or aquatic life;
or
(e) Produce a predominance of
undesirable aquatic life; or
(f)
Cause a film on the surface or produce a deposit on shorelines.
(B) Best Management Practices:
(1) Best management practices are
required for all Projects for which Division certification is issued except for
section 402 permits. Project applicants must select BMPs to be employed in
their Project. The Division maintains a policy document with best management
practices.
(2) All requests for 401
certifications shall include a map of the Project location, a site plan, and a
listing of the selected BMPs chosen for the Project. At a minimum, each Project
must provide for the following:
(a) Permanent
erosion and sediment control measures that shall be installed at the earliest
practicable time consistent with good construction practices and that shall be
maintained and replaced as necessary throughout the life of the
Project
(b) Temporary erosion and
sediment control measures that shall be coordinated with permanent measures to
assure economical, effective, and continuous control throughout the
construction phase and during the operation of the Project.
Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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