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HYDRO23596
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HYDRO23596
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Entry Properties
Last modified
8/24/2016 8:44:03 PM
Creation date
11/20/2007 3:56:02 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977300
IBM Index Class Name
Hydrology
Doc Date
2/16/1978
Doc Name
MEMO COTTER CORP SCHWARTZWALDER MINE JEFFERSON CNTY APPLICATION FOR MINING & RECLAMATION PERMIT
From
DWR
To
MLRB
Media Type
D
Archive
No
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<br />permit tee in Colorado. Therefore, EDF contends that it. is <br />unreasonable and an abuse of the Division's discretion to <br />fail to require monitoring which will demonstrate compliance <br />with the applicable effluent limitations. This abuse of dis- <br />cretion is rendered all the more egregious by virtue of the <br />fact that the required monitoring establishes no basis whatso- <br />ever for determining whether the 30-day average limitation is <br />being met because that limitation is the only limitation of the <br />two which ensures both compliance with the water quality standard <br />and adequate protection of the public health. <br />In addition to an abuse of discretion, EDF contends that to <br />the extent the permit fails to require monitoring adequate to <br />determine compliance with the applicable effluent limitations, <br />the permit is unlawful on federal and state statutory grounds. <br />Section 25-8-501(3), C.R.S. 1973, requires that state Fermit <br />regulations "be consistent with...federal requirement...." The <br />federal Clean Water Act requires that monitoring must to adequate <br />to ensure compliance with applicable effluent limitations in a <br />discharge permit: <br />Whenever required to carry out the <br />objectives of this chapter including <br />but not limited to...(2) determining <br />whether any person is in violation of <br />any...effluent limitation, or other <br />limitation, prohibition, or effluent <br />standard...the Administrator shall <br />require the owner or operator of any <br />point source to (i) establish and <br />maintain such records, (ii) make such <br />reports, (iii) install, use and maintain <br />such monitoring equipment or methods <br />(including when appropriate, biological <br />monitoring methods), (iv) sample such <br />effluent...and (v) provide such other <br />information as he may regsonable <br />require. <br />Section 308(a), Federal Clean water Act, 33 U.S.C. ].31E(a) (emphasis <br />added) . <br />The plain meaning of this language is that monitoring and <br />sampling must be of sufficient frequency to determine H~hether the <br />source in question is in compliance with applicable effluent <br />limitations. Therefore, EDF contends that the failure t:o require <br />monitorin5 ~?hich is adequate to determine compliance with applicable <br />effluent limitations is inconsistent with the federal Clean 47ater <br />Act and the requirement that state requirements be consistent with <br />federal requirements for permits. <br />-3- <br />
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