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PARTI Page 10 Permit No. CO-0027146 D. REPORTING 1. Materials Containment Plan Pursuant to Sections 61.8(3), (6) and (18) of the Colorado Discharge Permit System Regtdations, the permittee is required to submit a Materials Contaimnent 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 aher 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 contairtment 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 devimental impact on waters of the State 1'y. The updated plan shall include, but not necessazily 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, aad 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 tiischazges; 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 in item c, but which aze not yet operational; f. A current list of available outside contractors, agencies, or other sources which corild 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 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 requvements imposed by the Federal Water Pollution Control Act, 33 U.S.C. § 1321, regulations promulgated thereunder, the Colorado Water Quality Conuol Act, and regulations promulgated thereunder. It is recommended that this plan be prepared by a professional engineer registered in the State of Colorado. Nothing herein contained shall be construed as allowing any dischazge to waters of the State other than through the dischazge points specifically authorized in [his permit. Nothing herein contained shall be construed as excusing any liability the permittee might have, civil or criminal, for any spill. The submittal of a Spill Prevention Control and Countermeastrre Plan (SPCC Plan) as required by 40 CFR Part 112 may satisfy all or part of this requirement. Should additional materials exist on site which aze not addressed in the SPCC Plan, addressing those materials as per the above is required. j/ If there is m such material prcsem et the site, this shall be irdicated N writittg and submitted m the Division far review. j/ If there is material prtsent but the permi[[ee feels there is mt a rcasoruble prcbabiliry of a spill unpactittg waters of the State, this shall be docurnemed is writing and submitted m the Division for review. 7tis dacumen®uon shall irclude; I) distance m rtearcst svrFace waters, arid; 2) a detailed description of any structure which prohibits the release of material onto the grourtd or intD a conveyance rysrem.