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GENERAL54973
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Last modified
8/24/2016 8:40:05 PM
Creation date
11/23/2007 9:58:36 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981017
IBM Index Class Name
General Documents
Doc Date
8/20/1996
Doc Name
CDPS General Permit
From
Stormwater Permit Folder
Permit Index Doc Type
Reclamation Project
Media Type
D
Archive
No
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COLORADO DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT -Water Quality Control Division <br />Rationale -Page 10 Permit No. COR-040000 <br />VII. CHANGES AFTER PUBLIC NOTICE (cont.) <br />parry groups while performing whatever cleanup they can, but that once the spectfc task is done, the group <br />should be absolved from responsibility at the site. <br />Response: The Division supports watershed groups in their efforts to effect positive change in their areas. <br />However, the limitations in the Federal Clean Water Act (CWA), including the requirements for National <br />Pollution Discharge Elimination System (NPDES) permits, severely restrict the Division's latitude in <br />addressing these concerns through the Stormwater Program. With the promulgation of the stormwater rules in <br />1990, mine sites including active, inactive, abandoned, historic or otherwise come under the auspices of <br />NPDES and all its attendant regulations. This body of regulations not only requires permits for stormwater <br />discharges from these sites, but also speciftes much of the content and administration of those permits. Such <br />things as definitions of terms, who is able to hold a permit, what types of discharges are allowed, general <br />termination restrictions, and how liability is assigned, are codified in regulation and 25 years of legal <br />precedence. There is no differentiation made in the CWA between different kinds of permittees. Until the <br />federal-Congress addresses such issues as "Good Samaritan release of liability ", third parry voluntary cleanup <br />will be an un protected proposirion. It is not possible for the Division to resolve these over-arching nation- <br />wide issues in this general permit. <br />Currently, the Division uses "enforcement discretion" to prioritize Division decisions regarding where to use , <br />its resources and to pursue action to require a permit. In cases where water quality impacts are less severe <br />the priorities generally are low. This does not change the fact that permits are required; they just are not <br />pursued by the Division. However, "enforcement discretion" is not a guarantee, and does not protect an <br />owner or operator from citizen law suits or changes in Division priorities. <br />Re¢ardinp the legal status of watershed Qrouns as nermittees: Third party groups are unincorporated, <br />voluntary collections of people assembled for a common goal. As such they do not meet the legal <br />requirements regarding who can apply for and hold a permit. The NPDES regulations (40 CFR 122.21 (a)) <br />are quite specific about the level of responsibility of the person who is able to sign the documents required for <br />application and impiementarion of a permit. Two commemors suggested that the Slate of Colorado (the State) <br />hold the permit. Currently, the State holds NPDES permits for activities as diverse at fzsh hatcheries, prison <br />wastewater treatment plains and state highway construction projects. There is no administrative reason that <br />this would not be possible. However, the regulations require that the entity holding the permit be the one that <br />is in responsible charge of the facility or activity. This is probably not the case for remediation activities <br />undertaken by third parties. <br />This permit has been revised to accotnmodate projects completed under the Volumary Cleanup and <br />Redevelopment Act, CRS 25-16-303. One of the requirements of this act is that the property owner make <br />application. (Work on any site cannot be performed without property owner approval, but work may be <br />completed by a third parry.) The Division believes that watershed groups can play a critical role to complete <br />work while the property owner applies for and holds the permits. <br />Reeardine a watershed approach to stormwater permitting: This general, statewide permit does not preclude <br />the issuance of a special permit that addresses stormwater discharges in one geographic area. This would <br />come under the category of "individual permits" and would be written to address the needs and concerns of <br />that one specific area. It could allow for prioritization of sources and controls, as long as water quality <br />standards were protected. The problems of permit termination and who would hold such a permit, however, <br />would not be solved through this avenue. <br />Regarding termination of permit coveraee (and liability) once the third natty action is taken: Current <br />regulations require that all discharges of stormwater from mining sites that have come into contact with any <br />overburden, raw material, imermediate products, byproducts, finished products or waste produczs, <br />(stormwarer discharges associated with mining activity) must be authorized by a permit. That permit is <br />required to be held by the owner or operator of the site. A third parry or an individual which "operates" a <br />cleanup project, could be required (either by Division action, EPA anion ar citizen suit) to obtain a permit to <br />authorize discharges from the site. When the action is completed at the site by that third party, but <br />
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