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_I COLORADO DEPARTMENT OF PUBLIC REALm AND ENVIRONMENT, Water Quality Control Division Rationale - Page 2. Permit No. COR-030000 II. BACKGROUND (cant.) discharge. The regulations tpecifically ind"de construction activities that disturb five acres of land or more as industrial facilities. Smaller construct.'on activities wh;ch are pan of a larger common plan of development which disturb five acres or more over a period of ti", e are also included. (Cenification under this permit is not limited to construction sites which disturb more than five acres.) A. General Permits The regulations allow states which have been delegated the NPDES program to issue general permits or individual permits to regulate nulustrial "tomll,ater discharges. The State of Colorado is a delegated state, and has the authority to issue general pemzits under the Colorado Water Quality Control Act. The Water Quality Control Division,' "the Division") has determined that the use of general permits is the appropriate procedu'e for handling t.'ze thousands of industrial stormwater apvlications within the State. B. Permit Reauirements This permit does not require sL!bmi.<Slon of effluent monitoring data in the permit application or in the permit itself. It is believed that fuliy implemented Stormwater Management Plans (SWMPs) are sufficient to control water quality impacts. The narrative permit requirements ..ndude prohibitions against discharges of non-stormwater (e.g. process water). They require dischar?ers to control alul eliminate the sources of pollutants in stormwater through the development and implementation of a SJ.l.MP. The plan must include Best Management Practices (BMPs), which will include pollution prevention and sour", rea'uetion measures. This will constitute BAT and BCT and should achieve compliance with water quality staru/al'ds. In addition, as a condition of t"is permit, the permittee is required to pay the annual fee as described in the Water Quality Control Act. Failure to submit the required fee when due and payable is a violation of the permit and will result in enforcement action as discus:;ed below. Permittees will be billed for the initial permit fee within a few months of permit issuance. C. Violations/Penalties Dischargers of stormwater associated with industrial activity, as defined in the Regulations for the State Discharge Permit System (6.1.0). which do no: obtain coverage under this or other Colorado general permits, or under an individual CDPS pennit regulating ;ruiustrial stormwater, will be in violation of the Federal Clean Water Act and the Colorado Water Quality Contra' /oct, 25-8-101. For facilities covered Ululer a CDPS permit, failure to comply with any CDPS permit requirement co."titutes a violation. Civil penalties for violations of the Act or CDPS permit requirements may be up to $10,000 p'" day. Criminal pollution of state waters is punishable by fines of up to $25,000 per day. III. STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY The Stormwater regulations require that sronnwater discharges associated with certain industrial activities be covered under the permit program. Construction act,vity that disturbs five acres or more is ~pecifically included in the listed industrial activities. A. Construction Activil)! Construction activity tncludes dearing, grading and excavation activities. Construction does not include routine maintenance performed by publzc ag"^ cies, or their agents to maintain original/ine and grade, hydraulic capacity, or original purpose of the Jacili/}'. Definitions of additional terms can be found in Pan /.D of the Permit.