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|61.8(3) CONDITIONS OF PERMITS|
(a) Nothing in any permit shall ever be construed to prevent or limit application of any emergency power of the Division.
(b) The conditions set forth in permits will implement, among other matters, procedures, requirements, and restrictions with respect to the following:
(i) Identification and address of the owner and operator and of the appropriate contact individual of the activity, facility, process, feedlot, or municipality to be permitted.
(ii) Location, quantity and quality characteristics of the permitted discharge. The Division shall specify average and maximum daily quantitative limitations for the level of pollutants in the authorized discharge in terms of weight, where applicable or, as in the case of flow, pH, temperature, radiation and any other pollutants not appropriately expressed by weight, in other appropriate terms. The Division may, in its discretion, in addition to the quantitative limitations by weight, specify other limitations, such as average or maximum concentrations;
(iii) Effluent limitations, standards, and conditions in accordance with section 61.8(2) of this regulation and effluent limitation regulations at 5 CCR 1002-62, Regulation No. 62 et. seq. and conditions for treatment prior to discharge to a domestic wastewater treatment works;
(iv) Monitoring as well as record-keeping and reporting requirements described in section 61.8(4);
(v) Schedule of compliance where the Commission has adopted new standards, adopted temporary modifications, adopted revised standards that have become more stringent, or where the Division has developed new interpretations of existing standards including, but not limited to, implementation requirements through approved TMDLs and Wasteload Allocations and antidegradation reviews;
(vi) Submission of pertinent plans and specifications for the facility, process, or activity in accordance with a compliance schedule; and
(vii) Changes in plans and specifications for control facilities, if any, required by the Division as a condition for the issuance of the permit.
(c) Inspection and Entry. The Division has the power, upon presentation of proper credentials, to enter and inspect at any reasonable time and in a reasonable manner any property, premise, or place for the purpose of investigating any actual, suspected, or potential source of water pollution, or ascertaining compliance or noncompliance with any control regulation or any order promulgated by the Division. Such entry is also authorized for the purpose of inspecting and copying records required to be kept concerning any effluent source.
(i) In the making of such inspections, investigations, and determinations, the Division, insofar as practicable, may designate as its authorized representatives any qualified personnel of the Department of Agriculture. The Division may also request assistance from any other state or local agency or institution.
(ii) If such entry or inspection is denied or not consented to, the Division is empowered to and shall obtain, from the district or county court for the judicial district or county in which such property premise or place is located, a warrant to enter and inspect any such property, premise, or place prior to entry and inspection. The district and county courts of the state of Colorado are empowered to issue such warrants upon a proper showing of the need for such entry and inspection.
(iii) The Division shall split a sample with the permittee if requested to do so by the permittee.
(d) The permit shall not be transferred to another party without prior notification to the Division and requirements of sections 61.8(6) and 61.15 have been met.
(e) Whenever notification of any planned physical alterations or additions to the permitted facility is required pursuant to 61.8(5), the permittee shall furnish the Division such plans and specifications which the Division deems reasonably necessary to evaluate the effect on the discharge, the stream, or ground water. If the Division finds that such new or altered discharge might be inconsistent with the conditions of the permit, the Division shall require a new or revised permit application and shall follow the procedures specified in sections 61.5 through 61.6 and 61.15 of these regulations.
(f) Every permit issued shall contain such terms and conditions as the Division determines to be necessary to ensure compliance with applicable control regulations, water quality standards, and the state and federal Act.
(i) The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee as necessary to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by the permittee, only when necessary to achieve compliance with the conditions of the permit.
(h) The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment.
(i) Bypasses are prohibited and the Division may take enforcement action against the permittee for bypass, unless:
(A) bypass is unavoidable to prevent loss of life, personal injury, or severe property damage;
(B) there were no feasible alternatives to bypass such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
(C) proper notices were submitted in compliance with section 61.8(5).
(ii) "Severe property damage" as used in this subsection means substantial physical damage to the treatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
(iii) The permittee may allow a bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance or to assure optimal operation. These bypasses are not subject to the provisions of paragraph (i) above.
(iv) The Division may approve an anticipated bypass, after considering adverse effects, if the Division determines that the bypass will meet the conditions specified in 61.8(3)(i)(i).
(j) Upset. An upset constitutes an affirmative defense to an action brought for noncompliance with effluent limitations if the permittee demonstrates, through properly signed, contemporaneous operating logs, or other relevant evidence, that:
(i) An upset occurred and the permittee can identify its cause(s);
(ii) The facility was being properly maintained at the time;
(iii) The permittee submitted proper notice of the upset in compliance with paragraph (d) of section 61.8(5) of this regulation; and
(iv) The permittee complied with any remedial measures required under paragraph (h) of this section.
In addition to the demonstration required above, a permittee who wishes to establish the affirmative defense of upset for a violation of effluent limitations based upon water quality standards shall also demonstrate through monitoring, modeling or other methods that the relevant standards were achieved in the receiving water.
In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof.
(k) It shall not be a defense for a permittee in an enforcement action that it: would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.
(l) Solids, sludges, or other pollutants removed in the course of treatment or control of waste waters shall be disposed in accordance with applicable state and federal regulations.
(m) If a toxic effluent standard or prohibition, including any applicable schedule of compliance specified, is established by regulation pursuant to Section 307 of the Federal Act for a toxic pollutant which is present in the permittee's discharge and such standard or prohibition is more stringent than any limitation upon such pollutant in the discharge permit, the Division shall institute proceedings to modify or revoke and reissue the permit to conform to the toxic effluent standard or prohibition.
(n) Where applicable, the Division shall specify a schedule of compliance. Such schedule shall require the permittee to achieve compliance with applicable schedules contained in applicable standards and limitations, or, in the absence of such schedules, in the shortest reasonable period of time, such period to be consistent with the Federal and State Acts.
(i) If the schedule of compliance exceeds one (1) year, interim requirements and dates (not more than one (1) year apart) shall be set for achievement of interim goals. Either before or up to fourteen (14) days following each interim date and the final compliance date, the permittee shall provide the Division with written notice of the permittee's compliance or non-compliance with the interim or final requirements.
(ii) The Division, may, upon request of the permittee, revise or modify a schedule of compliance if the Division determines that the permittee has shown good and valid cause exists for such revision, and if within thirty (30) days following receipt of notice from the Division, the Regional Administrator does not object in writing.
(iii) The first permit issued to a new source or a new discharger shall contain a schedule of compliance only when necessary to allow a reasonable opportunity to attain compliance with requirements issued or revised after commencement of construction but less than three years before commencement of the relevant discharge.
(iv) For recommencing dischargers, a schedule of compliance shall be available only when necessary to allow a reasonable opportunity to attain compliance with requirements issued or revised less than three years before recommencement of the discharge.
(o) Filing of a timely and complete application shall cause the expired permit to continue in force to the effective date of the new permit. The permit's duration may be extended only through administrative extensions and not through interim modifications.
(p) The permit may contain requirements for design and implementation of a groundwater monitoring program, if necessary and reasonable to determine possible water quality impacts from the point source discharge.
(q) The permittee shall furnish to the Division, within a reasonable time, any information which the Division may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit, or to determine compliance with the permit. The permittee shall also furnish to the Division, upon request, copies of records required to be kept by the permit.
(r) The permit shall include best management practices to control or abate the discharge of pollutants when numeric effluent limitations are infeasible, when the practices are reasonably necessary to achieve effluent limitations and standards, or when authorized under 304(e) of the federal act for control of toxic pollutants and hazardous substances.
(s) For a privately owned treatment works, the Division may include any conditions expressly applicable to any user, as a limited co-permittee, that may be necessary in the permit issued to the treatment works to ensure compliance with applicable requirements under these regulations. Alternatively, the Division may issue separate permits to the treatment works and to its users, or may require a separate permit application from any user. The Division's decision to issue a permit with no conditions applicable to any user, to impose conditions on one or more users, to issue separate permits, or to require separate applications, and the basis for that decision, shall be stated in the rationale for the draft permit for the treatment works.
(t) The Division may include in the permit any conditions imposed in grants made to POTWs under Sections 201 and 204 of Clean Water Act that are reasonably necessary for the achievement of effluent limitations under 61.8(2).
61.8(4) MONITORING, RECORDING AND REPORTING
(a) Any discharge authorized by a discharge permit may be subject to such monitoring, record-keeping, and reporting requirements as may be reasonably required in writing by the Division, including the requirements concerning the installation, use and maintenance of monitoring equipment or methods in accordance with standard procedures and methods established by the Division.
(i) Where permit effluent limitations or reporting requirements are sot below the PQL, discharge permits will contain corresponding reporting levels based on the PQLs established pursuant to this regulation at section 61.8(2)(m).
(ii) In lieu of PQLs identified in section 61.8(2)(m)(i) or (ii), the permittee may request permit amendment to incorporate a site specific, or discharge specific PQL which has been developed in accordance with section 61.8(2)(m).
(iii) At the time of permit renewal, the Division shall evaluate any existing site specific or discharge specific PQLs and may require demonstration of current suitability of that PQL by the permittee.
(b) The owner or operator of any facility, process, or activity from which a discharge of pollutants is made into state waters or into any domestic wastewater treatment works shall according to standard procedures and methods prescribed by the Division in a permit:
(i) establish and maintain records;
(ii) make reports;
(iii) install, calibrate, use and maintain monitoring methods and equipment, including biological and indicator pollutant monitoring methods;
(iv) sample discharges; and
(v) provide additional reasonably available information relating to discharges into domestic wastewater treatment works.
(c) To assure compliance with permit limitations, the following shall be monitored by the permittee:
(i) the concentration (or other measurement specified in the permit) for each pollutant limited in the permit; and
(ii) the volume of effluent discharged from each outfall.
(iii) Other measurements as appropriate.
(d) All permits shall specify required monitoring including type, intervals, and frequency sufficient to yield data which are representative of the monitored activity including, when appropriate, continuous monitoring. Monitoring results required by the permit shall be reported on a discharge monitoring report (DMR) or other forms provided or specified by the Division.
(e) To assure compliance with the permit, domestic wastewater treatment works, in addition to the requirements of paragraphs (c)(i) and (c)(ii) above shall monitor, at the discretion of the Division, the following:
(i) interceptor flow(s) at specific locations;
(ii) the number of building permits issued and/or new sewer taps contracted for; and
(iii) process control parameters and management and process control strategies employed by the owner and operator to ensure that the capacity of the treatment works to remove pollutants as specified in the permit is not exceeded and that the permit limitations and conditions are consistently met.
(f) Calculations for all limitations that require the averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Division in the permit.
(g) The permittee shall provide access to the Division to sample the discharge at a point after the final treatment process but prior to the discharge mixing with state waters upon presentation of proper credentials.
(i) If the permittee monitors at the point of discharge any pollutant limited by the permit more frequently than required by the permit, using approved test procedures or as specified in the permit, the result of this monitoring shall be included in the calculation and reporting of data to the Division.
(h) Any records of monitoring activities and results shall include for all samples:
(i) The date, type, exact place, and time of sampling or measurements;
(ii) The individual(s) who performed the sampling or measurements;
(iii) The date(s) analyses were performed;
(iv) The individual(s) who performed the analyses;
(v) The analytical techniques or methods used; and
(vi) The results of such analyses.
(j) All sampling shall be performed by the permittee according to specified methods in 40 C.F.R. Part 136; methods approved by EPA pursuant to 40 C.F.R. Part 136; or methods approved by the Division, in the absence of a method specified in or approved pursuant to 40 C.F.R. Part 136.
(k) The permittee shall retain for a minimum of three (3) years records of all monitoring information, including all original strip chart recordings for continuous monitoring instrumentation, all calibration and maintenance records copies of all reports required by this permit and records of all data used to complete the application for this permit. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the permittee or when requested by the Division or Regional Administrator.
(l) For all permittees monitoring, recording, and reporting requirements of discharges under the permit shall be as specified by the Division. Reporting shall be as frequent as the Division shall reasonably determine to be necessary.
(m) All reports required by permits and any other report or information submitted to the Division shall be signed and certified in accordance with the signature and certification requirements set forth in section 61.4(1). Falsification and tampering of information may result in criminal liability pursuant to section 25-8-610 C.R.S.
(n) Reporting by municipal separate storm sewer systems. The operator of a large or medium municipal separate storm sewer system or a municipal separate storm sewer that has been designated by the Division under 61.3(2)(e)(vii) must submit an annual report by the anniversary of the date of the issuance of the permit for such system. The report shall include:
(i) The status of implementing the components of the stormwater management program that are established as permit conditions;
(ii) Proposed changes to the stormwater management programs that are established as permit condition. Such proposed changes shall be consistent with 61.4(3)(c)(ii)(D);
(iii) Revisions, if necessary, to the assessment of controls and the fiscal analysis reported in the permit application under 61.4(3)(c)(ii)(E) and (F);
(iv) A summary of data, including monitoring data, that is accumulated throughout the reporting year;
(v) Annual expenditures and budget for year following each annual report;
(vi) A summary describing the number and nature of enforcement actions, inspections, and public education programs; and
(vii) Identification of water quality improvements or degradation.
(o) Reporting for stormwater discharges associated with industrial activity.
(i) Requirements to report monitoring results for stormwater discharges associated with industrial activity that are subject to an effluent limitation guideline shall be established on a case-by-case basis with a frequency dependent on the nature and effect of the discharge but in no case less than once a year.
(ii) Requirements to report monitoring results for stormwater discharges associated with industrial activity (other than those addressed in 61.8(4)(o)(i)) shall be established on a case-by-case basis with a frequency dependent on the nature and effect of the discharge. At a minimum, a permit for such a discharge may require:
(A) The discharger to conduct an annual inspection of the facility site to identify areas contributing to a stormwater discharge associated with industrial activity and evaluate whether measures to reduce pollutant loadings identified in a stormwater pollution prevention plan are adequate and properly implemented in accordance with the terms of the permit or whether additional control measures are needed;
(B) The discharger to maintain for a period of three years a record summarizing the results of the inspection and a certification that the facility is in compliance with the plan and the permit, and identifying any incidents of non-compliance;
(C) Such report and certification be signed in accordance with 61.4(1)(e)and(f));
(D) Permits for stormwater discharges associated with industrial activity from inactive mining operations may, where annual inspections are impracticable, require certification once every three years by a Registered Professional Engineer that the facility is in compliance with the permit, or alternative requirements.
(p) Permits shall require that the permittee report all instances of noncompliance at least annually.