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PART I Page No. 12 Permit No.: CO-0042161 :. SPECIAL REQUIREMENTS 1. Materials Containment Plan Pursuant to Sections 61.8(3)(8) and (r) of the Colorado Discharge Permit System Regulations, 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 days after the effective dale of this permit and must be implemented. The update of the plan shall include changes in the information and procedures for the prevention and contairunent 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 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 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 facility 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; (t) A current list of available outside convactors, agencies, or other sources which could be utilized in the event of a spill in order to clean up its effeca. 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 [hose requirements imposed by the Federal Water Pollution Control Act, 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 prepared by a professional engineer registered in the State of Colorado. Nothing herein contained shall be conswed as allowing any discharge to waters of the State other than through the discharge points specifically authorized in this permit. Nothing herein contained shall be conswed as excusing any liability the permittee might have, civil or criminal, for any spill. The submittal of a Spill Prevention Control and Countermeasure 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 are not addressed in the SPCC Plan, addressing those materials as per the above is required. • I(there is no such material present a[ [he site, this shall be indicated in writing and submitted to [he Division for review. 7J if [here is material present but the permittee feels there is rat a reasonable probability of a spill impacting waters of the Slate, this shall be documented in writing and submitted to [he Division for review. Tltis documentation shall irclude; 1) distance to nearest surface waters, and; 2) a derailed description of any structure which prohibits the release of material onto the ground or into a conveyance system.