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PART I Page 17 Permit No. CO-0000221 D. SPECIAL. REQUIREMENTS 1. Materials Containment flan Pursuant [o Sections 6.9.3 (6) and (18) of the Regulations for the State Dischazge 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 at the facility which if spilled would Gave a reasonable probability of having a visible or otherwise detrimental impact on waters of the State !~ z. The updated plan shall include, but not necessarily be limited to: a. An updated history of the spills which have occurred in the three (3) years preceding the effective date of this permit. The history shall include a discussion on the cause of the spills and a the preventative measures designed to eliminate 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 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 facilit}• plot 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 [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 yeazly review and updating of the con[ingency 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 Ac[. 33 U.S.C. $ 1321, regulations promulgated thereunder, the Colorado Water Quality Control Act, and regulations promulgated thereunder. It is recommended that this plan be prepazed by a professional engineer registered in the Stale of Colorado. Nothing herein contained shall be construed as allowine 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 petmittee rnieht have, civil or criminal, for an}• spill. The submittal of a Spill Prevention Control and Countermeasure Plan (SPCC Plan) as required by 40 CFR Part 112 may satisfy al] or pan 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. 1/ If there u no such material prtsent at [he site, this shall he tndiw[cd N wnung and submitted to the Division for rtview. 2/ If Nere is material prtsent but the pemtitrce feels there is not a reasonable probability of a spill impac[ing waters of the State, this shall be documented in venting and svbntined to the Division for rtvtew. This documenration shall mclude; I) distance m nearest surface waters, and: 2) a detailed description of any structure which pmhibin the release of material onto the ground or into a conveyance rystem. (NDaP 4/9/97