HYDRO31525 - Laserfiche WebLink

Home Browse Search

COLORADO DEPARTMENT OF HEALTH -Water Quality Conrro/ Division Rnrionale -Page ll Permit No. COR-040000 /X. Pi/BLIC NOTICE CHANGES A public meeting was held on August S, 1992, at the Glendale Community Cemer, to rereive public comment an the proposed draft general permit for stormwater discharges from metal mining operations. Approximately 40 people anendul. In addition, 5 letters of rommtnt wen naiwd by the Division during the 60 day public comment period. A. Overlaoaine Jurisdiction and the Role of the CDMG The Division specifically asked for public comment on what role the Colorado Division of Minerals and Geology (GONG) (formerly Mined Land Reclamation Division) of the Depamnem ojNatural Rrsourcrs should play in the stormwater permitting program. Commemers arpressed conctrrt offer the ptnspect ojdual permitting sinre the CDMG has an existing role in regulating mining activities. It was fe4 CDMG has the appropriate background and technical expertise to address implemtmation and regulation of stormwater control requirements at mining operations. Commenters noted that much if not all of the information rcquirod in a Stormwater Mawgemem Plan is already required in CDMG Reclamation Plans. Concern was also express that this dual permitting or permit review rould lead ro jurisdictional conflict and confusion, wasted time, and increased expense. In response the Division wishes to clanfy that section 402(p)(2J(B) of the Clean Water Act stipulates that stormwattr disdwrget associatrd with industrial activity must be authorized by an NPDES permit. By federal regulation, mining operations an included in the definition of 'industrial activity' and therefore need to meet the requiremems of sections 301 and 402 of the Clean Water Acs. Complianre with other state requirements does not waive the requiremem to obtain an NPDES permit. The Clean Water Act includes procedures for delegating administration of the NPDES program from EPA to the States for rontrol of polbuanu dudiarged imo their waters. Under the Clean Water Aet, there are no provisions for the Slate delegated authority to further delegate the permitting process to another agency. Delegation of the permitting authority to the CDMG would require federal action. The Division agnv that in quite a few casts, stormwater management controls an included in the reclamation plan required by COMG. The Division also agrees that CDMG has a good background and technical expertise as well as a field inspection staff. Tau Division atd the CDMG arc working on a Memorandum of Agreement (MOA) to ensure that the trvv agencies work togaher in permitting, inspection and enforremem procrsses, and to minimize the duplication. The agencies intnd to allow input from the regulated community regarding the content and development of the MOA. B. Coveraee for Inactive Mininr Ooerations Tare Division sperificolly asked for public comment on the distinction between 'inactiHe' and 'historically inactive' mining operations. Historically inactive mining operations were defined as mining sites that reared operation prior to July 1, 1973. This is the effective date of the Colorado Open Mining Land Reclanurtian Act. Inactive mining operations wen defined as situ that ceased operation after July 1, 1973. Coverage was not provided for historically inactive mining operations under the draft general permit. Most commemtrs felt that coverage for both types of inactive mints was inappropriate under this general permit. Some commenters jell strongly that the distinction based on the July 1, 1973 dart war imppropriate and did not reflect the true rtormwater polbrtion potential Mosr commemers indicated that inactive mining operations should have reduced permit obligations. In response, the Division has eliminated the distinction between inactive and historically inactive mining operations, and nducrd the pantie obligations for all inactive mining operations. The Division wishes to clarify that mints that have temporarily txastd mining and an in 'temporary cessation' status with the CDMG, are LactiHe' mines for the purpose of this permit. The Division also wishes to cote that we reserve the right to require