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COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division <br />Rationale - Page 9. Permit No. COR- 030000 <br />III. BACKGROUND (cont.) <br />Some construction sites may be required to comply with a Qualifying Local Program in place of meeting <br />several of the specific requirements in this permit. Sites covered by a Qualifying Local Program may not be <br />required to submit an application for coverage or a notice of inactivation and may not be required to pay the <br />Division's annual fee. See Section VII of the rationale. <br />C. Violations /Penalties <br />Dischargers of stormwater associated with industrial activity, as defined in the CDPS regulations (SCCR <br />1002 -61), that do not obtain coverage under this or other Colorado general permits, or under an individual <br />CDPS permit regulating industrial stormwater, will be in violation of the Federal Clean Water Act and the <br />Colorado Water Quality Control Act, 25 -8 -101. For facilities covered under a CDPS permit, failure to comply <br />with any CDPS permit requirement constitutes a violation. As of the time ofpermit issuance, civil penalties for <br />violations of the Act or CDPS permit requirements may be up to $10, 000 per day, and criminal pollution of <br />state waters is punishable by fines of up to $25, 000 per day. <br />IV. STORMWA TER DISCHARGESASSOCL4TED WITH CONSTRUCTIONACTIVITY <br />The stormwater regulations (CDPS regulations (SCCR 1002 -61)), require that stormwater discharges associated <br />with certain industrial activities be covered under the permit program. Construction activity that disturbs one acre <br />or more during the life of the project is specifically included in the listed industrial activities. This permit is intended <br />to cover most stormwater discharges from construction facilities required by State regulation to obtain a permit. <br />A. Construction Activity <br />Construction activity includes ground surface disturbing activities including, but not limited to, clearing, <br />grading, excavation, demolition, installation of new or improved haul and access roads, staging areas, <br />stockpiling offill materials, and dedicated borrow /fill areas. Construction does not include routine <br />maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility. (The <br />maintenance exclusion is intendedfor projects such as road resurfacing, and where there will be less than one <br />acre of additional ground disturbed. Improvements or upgrades to existing facilities or roads, where at least <br />one acre is disturbed, would not qualms as "routine maintenance.') <br />Definitions of additional terms can be found in Part I. E of the permit. <br />Stormwater discharges from all construction activity require permit coverage, except for operations that result <br />in the disturbance of less than one acre of total land area and which are not part of a larger common plan of <br />development or sale. A "larger common plan of development or sale " is a contiguous area where multiple <br />separate and distinct construction activities may be taking place at different times on different schedules. <br />B. Types of Discharges /Activities Covered <br />Stormwater: This permit is intended to cover most new or existing discharges composed entirely of <br />stormwater from construction activities that are required by State regulation to obtain a permit. This <br />includes stormwater discharges associated with areas that are dedicated to producing earthen materials, <br />such as soils, sand, and gravel, for use at a single construction site. These areas may be located at the <br />construction site or at some other location. This permit does not authorize the discharge of mine water <br />or process water from borrow areas. This permit may also cover stormwater discharges associated with <br />dedicated asphalt plants and concrete plants located at a specific construction site. <br />