2018-02-02_REVISION - C1981019 (9)

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PART H Permit - Page 31 Permit No. COR -030000 III, BACKGROUND (cont.) Some construction sites may be required to comply with a Qualifying Local Program in place of meeting several of the specific requirements in this permit Sites covered by a Qualifying Local Program may not be required to submit an application for coverage or a notice of'inactivation and may not be required to pay the Division's annual fee. See Section V11 of the rationale. C. Violations/Penalties Dischargers of stormwater associated with industrial activity, as defined in the CDPS regulations (5CCR 1002-61), that do not obtain coverage under this or other Colorado general permits, or under an individual CDPS permit regulating industrial stormwater, will be in violation of the Federal Clean Water Act and the Colorado Water Quality Control Act, 25-8-101. For facilities covered under a CDPSpermit, failure to comply with any CDPS permit requirement constitutes a violation. As of the time ofpermit issuance, civil penalties for violations of'the Act or CDPS permit requirements may be up to $10, 000 per day, and criminal pollution of state waters is punishable by fines of up to $25, 000 per day. IV. STORMWAMRDISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY The stormwater regulations (CDPS regulations (5CCR 1002-61)), require that stormwater discharges associated with certain industrial activities be covered under the permit program. Construction activity that disturbs one acre or more during the life of the project is specifically included in the listed industrial activities. This permit is intended to cover most stormwater discharges from construction facilities required by State regulation to obtain a permit. A. Cratstruetiurt Actlyin Construction activity includes ground surface disturbing activities including, but not limited to, clearing, grading, excavation, demolition, installation of new or improved haul and access roads, staging areas, stockpiling of fill materials, and dedicated borrow/fill areas. Construction does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility. (The maintenance exclusion is intended for projects such as road resurfacing, and where there will be less than one acre of additional ground disturbed. Improvements or upgrades to existing facilities or roads, where at least one acre is disturbed, would not qualify as "routine maintenance,') Definitions of'additional terms can be found in Part LE of the permit, Stormwater discharges from all construction activity require permit coverage, except for operations that result in the disturbance of less than one acre of'total land area and which are not part of a larger common plan of development or sale. A `larger common plan of'development or sale" is a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules. B. Tppes_ i 'DischargesAdedvities Covered Stormivater: This permit is intended to cover most new or existing discharges composed entirely of stormwater from construction activities that are required by State regulation to obtain a permit. This includes stormwater discharges associated with areas that are dedicated to producing earthen materials, such as soils, sand, and gravel, for use at a single construction site. These areas may be located at the construction site or at sortie other location. This permit does not authorize the discharge of thine water or process water from borrow areas. This permit may also cover stormwaler discharges associated with dedicated asphalt plants and concrete plants located at a specific construction site.