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PARTI Page 17 Permit No. CO-0000221 • D. SPECIAL REQUIItEMENTS 1. Materials Containment Plan Pursuant [o Sections 6.9.3 (6) and (18) of the Regulazions for the State Discharge Permit System, the permittee 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 (90) days after the effective date of this permit 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 az the facility which if spilled would have a reasonable probability of having a visible or otherwise detrimental impact on waters of the State !"-'. The updated plan shall include, bu[ not necessarily be limited to: a. An updated history of the spills which have occurred in the three (3) yeazs preceding the effective date of this permit. The history shall include a discussion on Ute cause of the spills and a the preventative measures designed to eliminate them Crom reoccurring; b. An update of the reporting system which will be used to notify, at a minimttm, responsible facility management, the Division, the Environmental Protection Agency, downstream water users wiUtin 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 unplamed discharges; 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 threat to surface waters. The location of stored material shall be indicated on the facility plot submitted for item c; e. An implementation schedule for additional facilities which might be required m item c, but which are not yet operazional; f. A current list of available ou[side contractors, agencies, or other sources which could be u[ilized in the event of a spill in order [o clean up its effects. If the facility is capable of handling spills in-house, this shall be documented in the plan; g. Provision for yearly review and updating of the contingency 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 requiremenu imposed b}' the Federal Water Pollution Control Act, 33 U.S.C. § 1321, regula[ions promulgated thereunder, the Colorado Water Quality Control Ac[, and regulazions promulgated thereunder. It is recommended that this plan be prepared by a professional engineer registered in [he State of Colorado. Nothing herein contained shall be construed as allowing any discharge to waters of the State other than through the discharge points specificall}' authorized in this permit. Nothing herein contained shall be construed as excusing any liability the permittee might have, civil or criminal, for any spill. The submi[tal of a Spill Prevention Control and Countermeasure Plan (SPCC Plan) as required by 40 CFR Pan 112 ma}' sa[isfy all or pan of this requirement. Should additional materials ezis[ on site which are not addressed in the SPCC Plan, addressing those materials as per the above is required. ] I If there r5 no such material present at the site, this shall he indirared in writing and submivW to the Division for review. 2/ If there is material pmxnt but the pennittec feels there is not a n;asonablc probabdip~ of a spill impacting wau;rs of the State. this shall be documented in • writmg and subtniued to the Division for review. 'ITis documentatlan shall include; I) disunce to neatest surtace wafers, and; 2) a derailed description of any swcmre which prohibits the releax of material omo the ground or inm a wnveyance rystem. INDBP 4/9/93