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Part 1 Page No. 9 Permit Na.: CO-0046348 REPORTING (continued) 2. ial Re nn rting, The permittee must comply with the notification and reporting requirements associated with the amrual precipitation and storm event exemptions listed in the terms and conditions of the permit. E. SPECIAL REQUIREMENTS 1. Materials ('nntainment Plan Pursuant to Sections 5 CCR 1002-61 Sections 61.8(3)(g) and (r) of the Colorado Discharge Permit System Regulations, the pennittee is required to submit a Materials Containment Plan. Such a plan was previously submitted to the Division. An update of the plan shall be submitted to the Division within ninety days after the effective date of this pemvt and must be implemented. The update of the plan shall include changes in the information and procedures for the prevention and containment of spills of materials used, processed or stored at the facility which if spilled would have a reasonable probability of having a visible or otherwise detrimental impact on waters of the State vv. The updated plan shall include, but not necessarily be limited to: (a) An updated history of the spills, which have occurred in the three yeazs preceding the effective date of this permit. The history shall include a discussion on the cause of the spills and the preventative measures designed to elhninate them from reoccurring; (b) An update of the reporting system which will be used to notify, at a minimum, responsible facility management, the Division, the Environmental Protection Agency, downstream water users within 5 miles downstream of the facility, and local health officials; (c) A description of any changes in the preventative facilities (including overall facility plot) which prevent, contain, or treat spills and unplanned dischazges; (d) A current list which includes the volumes or quantities of all materials used, processed, or stored at the facility which represent a potential spill tltreat to surface waters. The location of stored material shall be indicated on the facility plat submitted for item c; (e) An implementation schedule for additional facilities which might be required in item c, but which are not yet operational; (f) A current list of available outside contractors, agencies, or other sources, which could be utilized in the event of a spill in order to clean up its effects. If the facility is capable of handling spills in-house, this shall be documented in the plan; (g) Provision for yeazly review and updating of the plan, plus resubmission of the plan to the Division if conditions and/or procedures at the facility change the original plan. The foregoing provisions shall in no way render inapplicable those requirements imposed by the Federal Water Pollution Control Act, 33 U.S.C. § 1321, regulations promulgated thereunder, or the Colorado Water Quality Control Act, and regulations promulgated thereunder. Nothing herein contained shall be construed as allowing any dischazge to waters of the State other than through the discharge points specifically authorized in this permit. Nothing herein contained shall be construed as excusing any liability the pennittee might have, civil or criminal, for any spill. The submittal of a Spill Prevention Control and Countermeasure Plan (SPCC Plan) as required by 40 CFR Part 112 might satisfy all or part of this requirement. Should additional materials exist on site, which are not addressed in the SPCC Plan, addressing those materials as per the above is required. If there is no such material present at the site, this shall be indicated in writing and submitted to the Division for review. If there is material present but the permittee feels there is not a reasonable probability of a spill impacting waters of the State, this shall be documented in writing and submitted to the Division for review. 7"his documentation shall include; 1) distance co nearest surface waters, and 2) a detailed description of any structure which prohibits the release of material onto the ground or into a conveyance system.