Permit
No.:
COS­
000008
County:
Denver
AUTHORIZATION
TO
DISCHARGE
UNDER
THE
COLORADO
DISCHARGE
PERMIT
SYSTEM
In
compliance
with
the
provisions
of
the
Colorado
Water
Quality
Control
Act,
(
25­
8­
101
et
seq.,
CRS,
1973
as
amended)
and
the
Federal
Water
Pollution
Control
Act,
as
amended
(
33
U.
S.
C.
1251
et
seq.;
the
"
Act")
the
CITY
AND
COUNTY
OF
DENVER
is
authorized
to
discharge
from
Denver
International
Airport,
located
in
the
NW
1/
4
of
Sec.
21,
T2S,
R65
W,
6th
P.
M.,
to
Second
Creek,
Third
Creek
and
Box
Elder
Creek,
in
accordance
with
effluent
limitations,
monitoring
requirements
and
other
conditions
set
forth
in
Part
I
and
II
hereof.
All
discharges
authorized
herein
shall
be
consistent
with
the
terms
and
conditions
of
this
permit.

The
applicant
may
demand
an
adjudicatory
hearing
within
thirty
(
30)
days
of
the
issuance
of
the
final
permit
determination,
per
the
Colorado
Discharge
Permit
System
Regulations,
61.7(
1).
Should
the
applicant
choose
to
contest
any
of
the
effluent
limitations,
monitoring
requirements
or
other
conditions
contained
herein,
the
applicant
must
comply
with
Section
24­
4­
104
CRS
and
the
Colorado
Discharge
Permit
System
Regulations.
Failure
to
contest
any
such
effluent
limitation,
monitoring
requirement,
or
other
condition,
constitutes
consent
to
the
condition
by
the
Applicant.

This
permit
and
the
authorization
to
discharge
shall
expire
at
midnight,
July
31,
2006.

Issued
and
Signed
this
day
of
COLORADO
DEPARTMENT
OF
PUBLIC
HEALTH
AND
ENVIRONMENT
J.
David
Holm,
Director
Water
Quality
Control
Division
Permit
No.
COS­
000008
TABLE
OF
CONTENTS
PART
I
.........................................................................................................................................................................................................................................
4
A.
TERMS
AND
CONDITIONS.....................................................................................................................................................................................
4
1.
Effluent
Limitations..............................................................................................................................................................................................
4
2.
Compliance
Schedule...........................................................................................................................................................................................
5
B.
MONITORING
REQUIREMENTS
...........................................................................................................................................................................
6
1.
Frequency
and
Sample
Type
................................................................................................................................................................................
6
2.
Monitoring
Conditions
.........................................................................................................................................................................................
9
3.
Representative
Sampling....................................................................................................................................................................................
10
4.
Analytical
and
Sampling
Methods
for
Monitoring.............................................................................................................................................
10
5.
Changes
to
Monitoring
Requirements
...............................................................................................................................................................
10
C.
STORMWATER
MANAGEMENT
PLAN
­
CONTENTS
AND
REQUIREMENTS
..........................................................................................
11
1.
Industrial
Activity
Description............................................................................................................................................................................
11
2.
Site
Map..............................................................................................................................................................................................................
11
3.
Stormwater
Management
Controls
....................................................................................................................................................................
11
a.
SWMP
Administrator.................................................................................................................................................................................
11
b.
Identification
of
Potential
Pollutant
Sources
and
Best
Management
Practices.........................................................................................
11
c.
Sampling
Information
................................................................................................................................................................................
12
d.
Preventive
Maintenance.............................................................................................................................................................................
12
e.
Good
Housekeeping...................................................................................................................................................................................
12
f.
Spill
Prevention
and
Response
Procedures................................................................................................................................................
12
g.
Employee
Training.....................................................................................................................................................................................
12
h.
Identification
of
Discharges
other
than
Stormwater
..................................................................................................................................
12
4.
Comprehensive
Inspections................................................................................................................................................................................
13
5.
Consistency
with
Other
Plans
............................................................................................................................................................................
13
D.
BASIC
TERMS
AND
CONDITIONS......................................................................................................................................................................
13
1.
General
Limitations
............................................................................................................................................................................................
13
2.
Best
Management
Practices
(
BMPs)
.................................................................................................................................................................
13
3.
Additional
SWMP
Requirements.......................................................................................................................................................................
15
4.
Prohibition
of
Non­
stormwater
Discharges
.......................................................................................................................................................
16
5.
Releases
in
Excess
of
Reportable
Quantities
.....................................................................................................................................................
16
6.
Facility
Inspections
.............................................................................................................................................................................................
16
7.
SWMP
Availability.............................................................................................................................................................................................
17
E.
DEFINITIONS
OF
TERMS.......................................................................................................................................................................................
17
F.
REPORTING
REQUIREMENTS.............................................................................................................................................................................
17
1.
Annual
Report
....................................................................................................................................................................................................
17
2.
Additional
Reporting
..........................................................................................................................................................................................
18
3.
Reporting
to
Municipality...................................................................................................................................................................................
18
4.
Routine
Reporting
of
Data
.................................................................................................................................................................................
18
5.
Records
...............................................................................................................................................................................................................
19
6.
Signatory
and
Certification
Requirements
.........................................................................................................................................................
19
G.
FIGURES....................................................................................................................................................................................................................
21
PART
II......................................................................................................................................................................................................................................
26
A.
NOTIFICATION
REQUIREMENTS
.......................................................................................................................................................................
26
1.
Notification
to
Parties
.........................................................................................................................................................................................
26
2.
Change
in
Discharge
..........................................................................................................................................................................................
26
3.
Special
Notifications
­
Definitions......................................................................................................................................................................
26
4.
Noncompliance
Notification
..............................................................................................................................................................................
27
5.
Other
Notification
Requirements
.......................................................................................................................................................................
27
6.
Bypass
Notification
............................................................................................................................................................................................
28
7.
Upsets
.................................................................................................................................................................................................................
28
8.
Discharge
Point
..................................................................................................................................................................................................
29
9.
Proper
Operation
and
Maintenance
...................................................................................................................................................................
29
10.
Minimization
of
Adverse
Impact........................................................................................................................................................................
29
11.
Removed
Substances..........................................................................................................................................................................................
29
12.
Submission
of
Incorrect
or
Incomplete
Information
..........................................................................................................................................
29
13.
Bypass.................................................................................................................................................................................................................
29
14.
Reduction,
Loss,
or
Failure
of
Treatment
Facility..............................................................................................................................................
30
B.
RESPONSIBILITIES.................................................................................................................................................................................................
30
1.
Inspections
and
Right
to
Entry...........................................................................................................................................................................
30
2.
Duty
to
Provide
Information
..............................................................................................................................................................................
31
3.
Transfer
of
Ownership
or
Control......................................................................................................................................................................
31
4.
Availability
of
Reports
........................................................................................................................................................................................
31
5.
Modification,
Suspension,
Revocation,
or
Termination
of
Permits
By
the
Division
........................................................................................
31
6.
Oil
and
Hazardous
Substance
Liability
..............................................................................................................................................................
34
7.
State
Laws
..........................................................................................................................................................................................................
34
8.
Permit
Violations................................................................................................................................................................................................
34
9.
Property
Rights...................................................................................................................................................................................................
34
10.
Severability
.........................................................................................................................................................................................................
34
11.
Renewal
Application
..........................................................................................................................................................................................
34
12.
Confidentiality....................................................................................................................................................................................................
34
13.
Fees.....................................................................................................................................................................................................................
34
14.
Duration
of
Permit..............................................................................................................................................................................................
35
15.
Section
307
Toxics.............................................................................................................................................................................................
35
16.
Antibacksliding...................................................................................................................................................................................................
35
17.
Effect
of
Permit
Issuance
...................................................................................................................................................................................
36
PART
I
A.
TERMS
AND
CONDITIONS
1.
Discharge
Points
a.
Beginning
no
later
than
the
effective
date
of
this
permit
and
lasting
through
July
31,
2006,
the
permittee
is
authorized
to
discharge
from:
the
E
outfall
to
Third
Creek
at
pond
T­
239
(
39.895900
lat/
104.745944
long);
the
outfall
to
Second
Creek
immediately
north
of
Pena
Boulevard,
(
38.37264
lat/
104.733040
long);
Runway
35R,
the
outfall
to
Hayesmount
Tributary
immediately
downstream
of
the
runway
(
39.854736
lat/
104.640416
long);
Sub­
basin
C+,
the
monitoring
station
on
Third
Creek,
west
of
runway
35R
(
39.5157501
lat/
104.422252
long);
Runway
26,
the
outfall
to
Box
Elder
Creek
at
the
east
end
of
runway
8/
26,
just
inside
the
security
fence
(
39.877168
lat/
104.613424
long);
Hayesmount,
the
outfall
to
the
Denver
Hudson
Canal,
east
of
the
Fire
Training
Facility,
on
the
north
side
of
runway
8/
26,
between
taxiways
R7
and
R8
(
39.879640
lat/
104.653216
long);
Barr
Lake
Drainage,
the
outfall
to
Barr
Lake
Drainage
channel,
just
west
of
runway
34,
between
taxiways
F9
and
F10
(
39.892236
lat/
104.685328
long);
Runway
7/
25,
the
outfall
to
Second
Creek
at
the
southwest
corner
of
the
runway
(
39.840152
lat/
104.727008
long),
and
Runway
34L,
the
outfall
to
Third
Creek
at
the
south
end
of
the
runway
(
39.854072
lat/
104.6932
long)
(
see
Figure
5,
Part
I.
G
of
the
permit).
There
shall
be
no
discharge
of
floating
solids.

AMENDED:
April
14,
2004
EFFECTIVE:
May
14,
2004
Part
I
Page
No.
5
Permit
No.
COS­
000008
A.
TERMS
AND
CONDITIONS
b.
Discharges
caused
by
natural
conditions:
The
Division
may
take
enforcement
action
for
a
discharge
caused
by
a
natural
event,
that
exceeds
the
permit
requirements
defined
in
this
permit,
unless
the
permittee
demonstrates
through
properly
documented
operating
logs,
or
other
relevant
evidence
including
but
not
limited
to
National
Weather
Service
reports,
that:

the
discharge
was
caused
by
severe
natural
conditions
(
tornadoes,
widespread
flooding,
earthquakes,
or
other
similar
natural
conditions);

there
were
no
feasible
alternatives
to
the
discharges,
such
as
the
use
of
auxiliary
treatment
facilities,
retention
of
untreated
wastewater,
reduction
of
inflow
and
infiltration,
or
use
of
adequate
backup
equipment.
This
condition
is
not
satisfied
if,
in
the
exercise
of
reasonable
engineering
judgment,
the
permittee
should
have
installed
auxiliary
or
additional
collection
system
components,
wastewater
treatment
facilities,
adequate
backup
equipment,
or
should
have
reduced
inflow
or
infiltration;

the
permittee
provided
adequate
notification
to
the
Division
as
outlined
in
paragraph
c.
above,
including
information
that
the
discharge
meets
the
conditions
of
this
provision;
and
the
permittee
submitted
a
follow­
up
report
to
the
Division
containing
monitoring
results
for
the
discharge
within
30
days
after
receiving
analytical
results
for
required
monitoring
of
pollutants
in
the
discharge.

2.
Spent
Aircraft
Deicing
Fluid
(
ADF)
Management
System
The
permittee
shall
provide
estimates
of
the
capture
efficiency
of
the
spent
ADF
management
system.
The
estimates
shall
provide
an
annual
summary
(
by
deicing
season)
of
the
total
amount
(
on
a
mass
basis)
of
ADF
used,
the
amount
of
ADF
collected,
and
of
the
total
volume
collected,
an
estimate
of
the
amount
recycled
versus
discharged
at
Metro.
These
estimates
shall
be
included
in
the
Annual
Report
(
see
Part
I.
F.
1).

See
Part
I.
E
for
additional
definitions.

3.
Compliance
Schedules
a.
As
per
the
Water
Quality
Study
(
see
discussion,
Section
V.
B.
2
of
the
Rationale),
and
as
modified
by
various
correspondence
and
the
final
construction
plans
(
submitted
to
the
Division
on
July
12,
2001),
DIA
will
complete
the
following
construction
projects
by
the
dates
indicated:

1)
Modification
of
collection
system
to
collect
snowmelt
and
additional
surface
and
subsurface
flows,
to
be
completed
by
December
31,
2002.
b/

2)
Increased
capacity
of
the
dirty
water
conveyance
system,
and
construction
of
at
least
22
million
gallons
of
new
industrial
stormwater
pond
capacity
for
the
collection
of
dirty
stormwater,
to
be
implemented
as
indicated
in
Table
1,
below.

The
Division
has
approved
the
final
construction
plans,
and
so
all
terms
and
conditions
of
the
plans,
including
but
not
limited
to
the
compliance
schedule,
are
automatically
conditions
of
this
permit.

The
permittee
shall
complete
the
specified
construction
activities
by
December
31,
2002,
in
accordance
with
the
following
schedule
of
compliance,
as
approved
by
the
Division.

AMENDED:
May
1,
2002
EFFECTIVE:
June
1,
2002
AMENDED:
April
14,
2004
EFFECTIVE:
May
14,
2004
Part
I
Page
No.
6
Permit
No.
COS­
000008
A.
TERMS
AND
CONDITIONS
Table
1
­­
Compliance
Schedule
­
Construction
Activity
Deadline
Notice
to
Proceed
for
design
contract
July
21,
1999
(
completed)

Design
complete
September
15,
2000
(
completed)

Notice
to
Proceed
for
construction
contract
February
1,
2001
(
completed)

Construction
complete
and
system
start­
up
November
30,
2002
Facility
fully
operational
December
31,
2002
b/

b/
This
date
may
be
extended
by
the
Division
if
insufficient
precipitation
is
received
by
then
to
allow
for
a
full
operational
testing
of
the
new
facilities.

b.
The
permittee
shall
complete
the
specified
activities
by
April
1,
2003,
in
accordance
with
the
following
schedule
of
compliance,
as
approved
by
the
Division.

Table
2
­­
Compliance
Schedule
 
Receiving
water
study
Activity
Deadline
Draft
study
work
plan
completed
March
30,
2001
(
completed)

Final
study
work
plan
completed
July
1,
2001
(
completed)

Data
Collection
completed
December
31,
2002
Study
completed,
report
submitted
to
Division
April
1,
2003
The
permittee
submitted
a
study
work
plan
to
the
Division
on
June
29,
2001.
The
plan
includes
data
collection
and
analysis,
reviewing
the
findings
with
the
Division
and
EPA,
and
submitting
a
final
report.

Once
the
Division
has
approved
the
final
study
work
plan,
all
terms
and
conditions
of
the
plan,
including
but
not
limited
to
the
compliance
schedule,
will
automatically
become
conditions
of
this
permit.

The
results
of
the
initial
study
may
indicate
the
need
for
additional
phases
of
study;
in
that
case,
the
additional
phases
will
automatically
be
included
in
the
permit
as
compliance
schedule
items.

No
later
than
14
calendar
days
following
each
date
identified
in
the
above
schedules
of
compliance,
the
permittee
shall
submit
either
a
report
of
progress
or,
in
the
case
of
specific
actions
being
required
by
identified
dates,
a
written
notice
of
compliance
or
noncompliance,
any
remedial
actions
taken,
and
the
probability
of
meeting
the
next
scheduled
requirement.

Amended______________________________
Effective______________________________
Part
I
Page
No.
7
Permit
No.
COS­
000008
B.
MONITORING
REQUIREMENTS
1.
Frequency
and
Sample
Type
The
permittee
shall
monitor
all
effluent
parameters
at
the
following
frequencies.
Such
monitoring
will
begin
immediately
and
last
for
the
life
of
the
permit
unless
otherwise
noted.
The
results
of
such
monitoring
shall
be
reported
on
the
Discharge
Monitoring
Report
form
(
See
Part
I.
F.).

Self­
monitoring
sampling
by
the
permittee
for
compliance
with
the
monitoring
requirements
specified
below
shall
be
performed
at
the
indicated
locations.
See
Figure
5,
and
Section
II.
F
of
the
Rationale
for
a
detailed
description
of
the
outfalls.

a.
Biological
Monitoring
1)
Discharge
Points:
E
monitoring
station.
See
Figure
5,
Part
I.
G.

Effluent
Parameter
Measurement
Frequency
Sample
Type
Fish
Survey
Once/
permit
term,
September
2004
Grab
b.
Wet
Weather
Monitoring
1)
Discharge
Points:
Sub­
basin
A
outfall;
Sub­
basin
C
outfall;
Sub­
basin
D
outfall;
Runway
34L
outfall.
See
Figure
5,
Part
I.
G.

Effluent
Parameter
Measurement
Frequency
c/
Sample
Type
Chemical
Oxygen
Demand,
mg/
l
Once/
2
Months
Grab
Dissolved
Oxygen,
mg/
l
Once/
2
Months
Grab
Oil
and
Grease,
mg/
l
Once/
2
Months
Visual
d/
pH,
s.
u.
Once/
2
Months
Grab
Total
Suspended
Solids,
mg/
l
Once/
2
Months
Grab
Propylene
Glycol,
mg/
l
Once/
2
Months
Grab
BOD5,
mg/
l
Once/
2
Months
Grab
Nitrate
plus
Nitrite,
as
N,
mg/
l
Once/
2
Months
(
Sub­
basin
A
only)
Grab
Total
Kjeldahl
Nitrogen
(
TKN),
as
N,
mg/
l
Once/
2
Months
Grab
Flow,
MGD
Once/
2
Months
Instantaneous
or
Grab
AMENDED:
May
1,
2002
EFFECTIVE:
June
1,
2002
AMENDED:
April
14,
2004
EFFECTIVE:
May
14,
2004
Part
I
Page
No.
7a
Permit
No.
COS­
000008
B.
MONITORING
REQUIREMENTS
2)
Discharge
Points:
Runway
35R
(
Hayesmount
Tributary
immediately
downstream
of
the
runway).
See
Figure
5,
Part
I.
G.

Effluent
Parameter
Measurement
Frequency
Sample
Type
Chemical
Oxygen
Demand,
mg/
l
Once/
6
Mos
Grab
Dissolved
Oxygen,
mg/
l
Once/
6
Mos
Grab
pH,
s.
u.
Once/
6
Mos
Grab
BOD5,
mg/
l
Once/
6
Mos
Grab
Propylene
Glycol,
mg/
l
Once/
6
Mos
Grab
Oil
and
Grease,
mg/
l
Once/
6
Mos
Visual
d/
Total
Suspended
Solids,
mg/
l
Once/
6
Mos
Grab
Flow,
MGD
Once/
6
Mos
Instantaneous
or
Grab
c/
For
sampling
once/
2
months,
the
two
month
periods
shall
be
October/
November,
December/
January,
etc.
Samples
shall
be
taken
at
least
one
week
apart.
d/
See
also
Part
I.
B.
1.
e
of
the
permit.

AMENDED:
May
1,
2002
EFFECTIVE:
June
1,
2002
AMENDED:
April
14,
2004
EFFECTIVE:
May
14,
2004
Part
I
Page
No.
10a
Permit
No.
COS­
000008
B.
MONITORING
REQUIREMENTS
b.
Dry
Weather
Monitoring
Monitoring
is
required
for
the
following
parameters
whenever,
during
the
inspection
of
outfalls,
the
DIA
staff
observes
or
suspects
an
illicit
discharge.
Samples
will
be
required
at
least
once
during
each
such
instance
of
discharge.
Additional
parameters
may
be
added
to
the
initial
screening,
depending
upon
the
nature
of
the
discharge
and
attendant
conditions.

1)
Industrial
Areas:
Deicing
Activities
Effluent
Parameter
Sample
Type
Oil
and
Grease,
mg/

Grab
and
Visual
pH,
s.
u.
Grab
Temperature,
oF
Grab
Chemical
Oxygen
Demand,
mg/

Grab
Propylene
Glycol,
mg/

Grab
2)
Industrial
Areas:
Concourse
Activities
Effluent
Parameter
Sample
Type
Oil
and
Grease,
mg/

Grab
and
Visual
pH,
s.
u.
Grab
Temperature,
oF
Grab
Specific
Conductivity,
 mhos
Grab
Propylene
Glycol,
mg/

Grab
Chemical
Oxygen
Demand,
mg/

Grab
Fecal
Coliform,
#/
100
ml
Grab
Total
Petroleum
Hydrocarbons
(
Jet
Fuel),
mg/

Grab
Amended______________________________
Effective______________________________
Part
I
Page
No.
10a
Permit
No.
COS­
000008
B.
MONITORING
REQUIREMENTS
3)
Industrial
Areas:
Hangars,
Maintenance,
Ground
Services
Equipment,
Vehicle
Storage,
and
Cargo
Activities
Effluent
Parameter
Sample
Type
Oil
and
Grease,
mg/
l
Grab
and
Visual
pH,
s.
u.
Grab
Temperature,
oF
Grab
Specific
Conductivity,
 mhos
Grab
Propylene
Glycol,
mg/
l
Grab
Chemical
Oxygen
Demand,
mg/
l
Grab
Total
Petroleum
Hydrocarbons
(
Jet
Fuel),
mg/
l
Grab
d.
Diversion
Mode
Sampling
1)
Diversion
Area(
s)

Effluent
Parameter
Sample
Type
Oil
and
Grease,
mg/
l
Grab
and
Visual
pH,
s.
u.
Grab
Propylene
Glycol,
mg/
l
Grab
Chemical
Oxygen
Demand,
mg/
l
Grab
Total
Petroleum
Hydrocarbons
(
Jet
Fuel),
mg/
l
Grab
e.
Oil
and
Grease
Monitoring
For
every
outfall
with
visual
oil
and
grease
monitoring,
in
the
event
an
oil
sheen
or
floating
oil
is
observed,
a
grab
sample
shall
be
collected,
analyzed,
and
reported
on
the
appropriate
DMR.
In
addition,
corrective
action
shall
be
taken
immediately
to
mitigate
the
discharge
of
oil
and
grease.
A
description
of
the
corrective
action
taken
must
be
included
with
the
DMR.

2.
Monitoring
Conditions
­
Wet
Weather
Sampling
 
Required
Quarterly
and
Semi­
Annual
Sampling
Only
The
requirements
in
this
section
shall
only
apply
to
the
monitoring
requirements
outlined
in
Part
I.
B.
1.
b.
1,
2
and
3,
for
those
parameters
where
the
required
measurement
frequency
is
Quarterly
or
Semi­
Annual
.

a.
Additional
Information:
The
following
additional
information
is
required
for
each
sampling
event:

­
the
date
and
duration
(
in
hours)
of
the
storm
event(
s)
sampled;
­
rainfall
measurements
or
estimates
(
in
inches)
of
the
storm
event
which
generated
the
sampled
runoff;
­
the
duration
between
the
storm
event
sampled
and
the
end
of
the
previous
measurable
(
greater
than
0.1
inch
rainfall)
storm
event;
­
an
estimate
of
the
size
of
the
drainage
area
(
in
square
feet)
and
an
estimate
of
the
runoff
coefficient
of
the
drainage
area
(
e.
g.
low
(
under
40%),
medium
(
40%
to
65%)
or
high
(
above
65%));
and
­
an
estimate
of
the
total
volume
(
in
gallons)
of
the
discharge
sampled.

b.
Sampling
Procedures:
For
facilities
with
holding
ponds
or
other
impoundments,
sampling
shall
be
performed
at
the
outlet
from
the
pond.
If
no
discharge
from
the
pond
to
surface
waters
occurs,
then
no
sampling
is
necessary.

All
such
samples
shall
be
collected
from
the
discharge
resulting
from
a
storm
event
that
is
greater
than
0.1
inches
in
magnitude
and
that
occurs
at
least
72
hours
from
the
previously
measurable
(
greater
than
0.1
inch
rainfall)
storm
event.

AMENDED:
May
1,
2002
EFFECTIVE:
June
1,
2002
AMENDED:
April
14,
2004
EFFECTIVE:
May
14,
2004
Part
I
Page
No.
10a
Permit
No.
COS­
000008
B.
MONITORING
REQUIREMENTS
The
storm
water
sample
shall
be
representative
of
the
"
first
flush"
of
storm
water
runoff.
A
sample
shall
be
collected
in
the
first
30­
minutes
of
discharge,
or
as
soon
thereafter
as
practicable.
When
sampling
snow
melt
and
deicing
or
anti­
icing
events,
best
professional
judgment
shall
be
used
for
when
to
collect
a
representative
sample.

c.
Fish
Survey:
A
fish
survey
will
be
conducted
at
E
monitoring
station
once
during
the
permit
term,
in
September
2004
(
see
Part
I.
A.
1.
a
of
the
permit).
The
goal
of
the
survey
will
be
to
determine
the
presence
of
fish,
which
would
demonstrate
fish
community
persistence.
The
following
protocols
will
be
used
in
conducting
the
fish
survey:
 
Sampling
will
occur
in
September;
 
Sampling
will
occur
in
the
reach
at
monitoring
point
E
using
a
seine
of
an
appropriate
mesh
size
to
capture
adult
fathead
minnow;
 
Appropriate
sampling
protocols/
measurements
will
be
performed
to
allow
the
calculation
of
fish
density
(
number
of
fish/
square
meter);
and
 
Captured
fish
will
be
weighed
and
measured
before
being
returned
to
the
stream.

The
above
protocols
may
be
modified
by
the
Division
upon
good
cause
presented
by
the
permittee.

3.
Representative
Sampling
Samples
and
measurements
taken
as
required
herein
shall
be
representative
of
the
volume
and
nature
of
the
monitored
discharge.
All
samples
shall
be
taken
at
the
monitoring
points
specified
in
this
permit
and,
unless
otherwise
specified,
before
the
effluent
joins
or
is
diluted
by
any
other
wastestream,
body
of
water,
or
substance.
Monitoring
points
shall
not
be
changed
without
notification
to
and
approval
by
the
Division.

If
the
permittee
monitors
at
the
point
of
discharge
any
pollutant
limited
by
the
permit
more
frequently
than
required
by
the
permit,
using
approved
test
procedures
or
as
specified
in
the
permit,
the
result
of
this
monitoring
shall
be
included
in
the
calculation
and
reporting
of
data
to
the
Division.

4.
Analytical
and
Sampling
Methods
for
Monitoring
The
permittee
shall
install,
calibrate,
use
and
maintain
monitoring
methods
and
equipment,
including
biological
and
indicated
pollutant
monitoring
methods.
All
sampling
shall
be
performed
by
the
permittee
according
to
specified
methods
in
40
C.
F.
R.
Part
136;
methods
approved
by
EPA
pursuant
to
40
C.
F.
R.
Part
136;
or
methods
approved
by
the
Division,
in
the
absence
of
a
method
specified
in
or
approved
pursuant
to
40
C.
F.
R.
part
136.
The
analytical
method
selected
for
a
parameter
shall
be
the
one
that
can
measure
the
lowest
detected
limit
for
that
parameter
unless
the
permit
limitation
or
stream
standard
for
those
parameters
not
limited,
is
within
the
testing
range
of
another
approved
method.
When
requested
in
writing,
the
Division
may
approve
an
alternative
analytical
procedure
or
any
significant
modification
to
an
approved
procedure.

When
the
most
sensitive
analytical
method
which
complies
with
this
part,
has
a
detection
limit
greater
than
or
equal
to
the
permit
limit,
the
permittee
shall
report
"
less
than
(
the
detectable
limit),"
as
appropriate.
Such
reports
shall
not
be
considered
as
violations
of
the
permit
limit.

5.
Changes
to
Monitoring
Requirements
For
the
sampling
points
listed
in
Part
I.
B.
1.
a
of
the
permit
(
Wet
Weather
Monitoring),
the
sampling
frequencies
for
Oil
and
Grease,
pH,
Acetate
and
Total
Suspended
Solids
could
be
reduced
in
the
event
that
DIA
can
provide
adequate
justification,
based
on
each
of
the
following
items:

AMENDED:
April
14,
2004
EFFECTIVE:
May
14,
2004
Part
I
Page
No.
10a
Permit
No.
COS­
000008
B.
MONITORING
REQUIREMENTS
a.
The
permittee
can
provide
at
least
two
years
of
sampling
data
for
the
facility
(
for
each
discharge
point
where
sampling
is
required),
for
each
of
the
parameters
listed
above.
(
The
samples
must
be
from
at
least
two
different
calendar
years,
and
taken
in
1998
or
after.)
A
summary
of
all
available
monitoring
data
should
be
included
in
the
amendment
request,
whether
or
not
it
was
previously
submitted
to
the
Division.

b.
The
industrial
activities
at
the
site
(
such
as
materials
handling
and
storage,
chemical
use,
waste
disposal
practices,
erosion
controls,
and
other
types
of
industrial
activities
as
defined
in
Part
I.
C.
3.
b
of
the
permit)
have
not
changed
since
the
samples
were
taken
(
and
are
not
expected
to),
in
any
way
that
could
have
an
adverse
impact
on
stormwater
quality.

c.
The
sample
results
for
the
parameters
listed
above
do
not
demonstrate
any
problems
with
stormwater
quality.
The
permittee
may
compare
their
data
with
other
water
quality
data,
such
as
EPA's
list
of
stormwater
permit
benchmarks
from
the
multisector
permit,
or
the
federal
Nationwide
Urban
Runoff
Program
(
NURP)
data.

The
Division
will
make
a
determination
on
the
merits
of
the
amendment
request
within
45
days
of
receipt.
If
the
request
is
deemed
adequate,
the
permittee
will
be
notified
and
their
permit
amended
to
change
the
sampling
requirement
for
the
outfall(
s)
in
question,
for
the
remainder
of
the
permit
term.
If
the
request
is
not
considered
adequate,
the
permittee
shall
be
notified
of
the
reason
for
the
Division's
determination.
The
permittee
will
also
be
able
to
re­
petition
the
Division
after
another
year
of
sampling
data
has
been
obtained.

AMENDED:
April
14,
2004
EFFECTIVE:
May
14,
2004
Part
I
Page
No.
11
Permit
No.
COS­
000008
C.
STORMWATER
MANAGEMENT
PLAN
­
CONTENTS
AND
REQUIREMENTS
A
SWMP
shall
be
developed
for
each
facility
covered
by
this
permit,
and
submitted
to
the
Division.
SWMPs
shall
be
prepared
in
accordance
with
good
engineering
practices.
(
The
plan
need
not
be
completed
by
a
registered
engineer.)

The
plan
shall
identify
potential
sources
of
pollution
which
may
reasonably
be
expected
to
affect
the
quality
of
stormwater
discharges
associated
with
industrial
activity
from
the
facility.
In
addition,
the
plan
shall
describe
and
ensure
the
implementation
of
practices
which
are
to
be
used
to
reduce
the
pollutants
in
stormwater
discharges
associated
with
industrial
activity
at
the
facility
and
to
assure
compliance
with
the
terms
and
conditions
of
this
permit.

DIA
must
implement
the
provisions
of
the
SWMP
required
under
this
part
as
a
condition
of
this
permit.
The
Division
reserves
the
right
to
review
the
plan,
and
to
require
additional
measures
to
prevent
and
control
pollution
as
needed.

The
SWMP
shall
include
the
following
items,
at
a
minimum:

1.
Industrial
Activity
Description
The
plan
shall
provide
a
narrative
description
of
the
industrial
activity
taking
place
at
the
site.

2.
Site
Map
The
plan
shall
include
a
site
map
indicating
an
outline
of
the
drainage
area
of
each
stormwater
outfall
(
to
the
extent
possible),
each
existing
structural
control
measure
to
reduce
pollutants
in
stormwater
runoff,
and
surface
water
bodies.

3.
Stormwater
Management
Controls
Each
facility
covered
by
this
permit
shall
develop
a
description
of
stormwater
management
controls
appropriate
for
the
facility,
and
implement
such
controls.
The
appropriateness
and
priorities
of
controls
in
a
plan
shall
reflect
identified
potential
sources
of
pollutants
at
the
facility.
The
description
of
stormwater
management
controls
shall
address
the
following
minimum
components,
including
a
schedule
for
implementing
such
controls:

a.
SWMP
Administrator:
The
SWMP
shall
identify
a
specific
individual(
s)
within
the
plant
organization
who
is
responsible
for
developing
the
SWMP
and
assisting
the
plant
manager
in
its
implementation,
maintenance,
and
revision.
The
activities
and
responsibilities
of
the
administrator
shall
address
all
aspects
of
the
facility's
SWMP.

b.
Identification
of
Potential
Pollutant
Sources
and
Best
Management
Practices:
The
SWMP
shall
identify
potential
sources
of
pollutants
at
the
site,
and
assess
the
potential
of
these
sources
to
contribute
pollutants
to
stormwater
discharges
associated
with
industrial
activity.
The
SWMP
must
also
describe
appropriate
Best
Management
Practices
(
BMPs)
to
reduce
the
potential
of
these
sources
to
contribute
pollutants
to
stormwater
discharges.

At
a
minimum,
each
of
the
following
shall
be
evaluated
for
the
reasonable
potential
for
contributing
pollutants
to
runoff:

­
Loading
and
unloading
operations
­
Outdoor
storage
activities
­
Outdoor
manufacturing
or
processing
activities
­
Significant
dust
or
particulate
generating
processes
­
On­
site
waste
disposal
practices
­
The
presence
of
salt
piles
­
SARA
Title
III
Section
313
Water
Priority
Chemicals
­
Areas
where
significant
spills
and
significant
leaks
of
toxic
or
hazardous
substances
have
occurred
at
the
facility
from
three
years
prior
to
permit
certification
to
the
time
of
SWMP
preparation
Factors
to
consider
include
the
toxicity
of
chemicals;
quantity
of
chemicals
used,
produced,
or
discharged;
the
likelihood
of
contact
with
stormwater;
and
history
of
significant
leaks
or
spills
of
toxic
or
hazardous
substances.
Part
I
Page
No.
12
Permit
No.
COS­
000008
C.
STORMWATER
MANAGEMENT
PLAN
­
CONTENTS
AND
REQUIREMENTS
The
description
of
the
BMPs
shall
include:

1)
Stormwater
diversion:
Describe
how
and
where
stormwater
will
be
diverted
away
from
industrial
areas
to
prevent
stormwater
contamination.

2)
Materials
handling
and
spill
prevention:
Where
materials
can
impact
stormwater
runoff,
existing
practices
that
reduce
the
potential
for
contamination
shall
be
described.
For
example,
materials
shall
be
stored
and
handled
in
covered
areas
to
prevent
contact
with
stormwater,
and
chemicals
shall
be
stored
within
berms
or
secondary
containment
devices
to
prevent
leaks
and
spills
from
entering
stormwater
runoff.

3)
Sediment
and
erosion
prevention:
The
plan
shall
identify
areas
which,
due
to
topography,
activities,
or
other
factors,
have
a
high
potential
for
significant
soil
erosion,
and
identify
measures
taken
to
limit
erosion.

4)
Other
pollution
prevention
measures:
The
plan
shall
identify
any
other
structural
and
non­
structural
measures
for
stormwater
quality
control
on­
site.

In
each
case
where
stormwater
pollution
potential
exists,
appropriate
preventive
measures
must
be
taken
and
documented.

c.
Sampling
Information:
The
plan
shall
include
a
summary
of
any
existing
discharge
sampling
data
describing
pollutants
in
stormwater
discharges,
and
a
description
of
each
proposed
sampling
point.

d.
Preventive
Maintenance:
A
preventive
maintenance
program
is
required,
and
shall
involve
inspection
and
maintenance
of
stormwater
management
devices
(
cleaning
oil/
water
separators,
catch
basins,
etc.)
as
well
as
inspecting
and
testing
plant
equipment
and
systems
to
uncover
conditions
that
could
cause
breakdowns
or
failures
resulting
in
discharges
of
pollutants
to
surface
waters.

e.
Good
Housekeeping:
Good
housekeeping
requires
the
maintenance
of
a
clean,
orderly
facility.
This
part
of
the
SWMP
shall
address
cleaning
and
maintenance
schedules,
trash
disposal
and
collection
practices,
grounds
maintenance,
etc.

f.
Spill
Prevention
and
Response
Procedures:
Areas
where
potential
spills
can
occur,
and
their
accompanying
drainage
points,
shall
be
identified
clearly
in
the
SWMP.
Where
appropriate,
specifying
material
handling
procedures
and
storage
requirements
in
the
plan
shall
be
considered.
Procedures
for
cleaning
up
spills
shall
be
identified
in
the
plan
and
made
available
to
the
appropriate
personnel.
The
necessary
equipment
to
implement
a
clean
up
shall
be
available
to
personnel.

g.
Employee
Training:
Employee
training
programs
shall
inform
personnel
at
all
levels
of
responsibility
(
who
are
involved
in
industrial
activities
that
may
impact
stormwater
runoff)
of
the
components
and
goals
of
the
SWMP.
Training
shall
address
topics
such
as
spill
response,
good
housekeeping
and
material
management
practices.
The
SWMP
shall
identify
periodic
dates
for
such
training.
Contractor
or
temporary
personnel
shall
be
informed
of
plant
operation
and
design
features
in
order
to
prevent
discharges
or
spills
from
occurring.

h.
Identification
of
Discharges
other
than
Stormwater:
The
stormwater
conveyance
system
on
the
site
shall
be
evaluated
for
the
presence
of
discharges
other
than
stormwater.
The
SWMP
shall
include
a
description
of
the
results
of
any
evaluation
for
the
presence
of
discharges
other
than
stormwater,
the
method
used,
the
date
of
the
evaluation,
and
the
on­
site
drainage
points
that
were
directly
observed
during
the
evaluation.

A
number
of
discharges
other
than
stormwater
may
not
require
a
CDPS
Industrial
Wastewater
Discharge
permit
and
are
considered
Allowable
Non­
Stormwater
Discharges.
Any
of
these
discharge
that
exist
at
the
site
must
be
identified
in
the
SWMP.
See
Part
I.
D.
4.
b
of
the
permit
for
the
list
of
such
allowable
discharges.
Part
I
Page
No.
13
Permit
No.
COS­
000008
C.
STORMWATER
MANAGEMENT
PLAN
­
CONTENTS
AND
REQUIREMENTS
4.
Comprehensive
Inspections
The
SWMP
shall
identify
qualified
personnel
that
shall
inspect
designated
equipment
and
plant
areas.
The
procedures
and
intervals
of
the
comprehensive
inspection
shall
also
be
specified
in
the
plan
and
shall
be
consistent
with
Part
I.
D.
6.
Comprehensive
inspections
shall
in
no
case
be
completed
less
than
twice
a
year
(
in
the
spring
and
fall).
The
operator
shall
keep
a
record
of
such
inspections.
This
record
shall
be
made
available
to
the
Division
upon
request
and
summarized
in
the
Annual
Report.

5.
Consistency
with
Other
Plans
SWMPs
may
reflect
requirements
for
Spill
Prevention
Control
and
Countermeasure
(
SPCC)
plans
under
section
311
of
the
CWA,
or
Best
Management
Practices
(
BMPs)
Programs
otherwise
required
by
a
CDPS
permit,
and
may
incorporate
any
part
of
such
plans
into
the
SWMP
by
reference.

D.
BASIC
TERMS
AND
CONDITIONS
1.
General
Limitations
The
following
limitations
shall
apply
to
all
discharges
authorized
by
this
permit:

a.
Bulk
storage
structures
for
petroleum
products
and
other
chemicals
shall
have
adequate
protection
so
as
to
contain
all
spills
and
prevent
any
spilled
material
from
entering
State
waters.

b.
No
chemicals
are
to
be
added
to
the
discharge
unless
permission
for
the
use
of
a
specific
chemical
is
granted
by
the
Division.
In
granting
the
use
of
such
chemicals,
special
conditions
and
monitoring
may
be
addressed
by
separate
letter.

c.
All
dischargers
must
comply
with
the
lawful
requirements
of
counties,
drainage
districts
and
other
state
or
local
agencies
regarding
any
discharges
of
stormwater
to
storm
drain
systems
or
other
water
courses
under
their
jurisdiction.

d.
Discharge
of
stormwater
shall
not
cause
continuing
or
recurring
impairment
of
beneficial
uses,
or
exceedances
of
water
quality
standards
in
receiving
waters.
Timely
and
complete
implementation
of
the
SWMP
shall
constitute
compliance
with
receiving
water
standards.
If
receiving
water
standards
violations
occur
that
are
determined
to
be
attributable
to
DIA
activities
covered
under
this
permit,
DIA
must
evaluate
their
SWMP
and
determine
what,
if
any,
additional
measures
may
be
necessary
to
address
the
water
quality
concerns,
and
if
necessary,
implement
additional
or
more
effective
BMPs,
and
submit
to
the
Division
revisions
of
the
SWMP
that
will
increase
the
likelihood
of
preventing
future
exceedances
of
water
quality
standards.

2.
Best
Management
Practices
(
BMPs)

Any
BMPs
included
in
DIA's
SWMP
become
permit
requirements,
and
must
be
carried
out
in
order
to
remain
in
compliance
with
the
permit.
The
SWMP
modification
process
is
outlined
in
Part
I.
D.
3
of
the
permit.

The
following
BMPs
are
listed
in
the
permit
as
well
as
the
SWMP.
They
cannot
be
changed
without
a
permit
amendment
or
modification,
as
opposed
to
only
a
SWMP
modification.
The
BMPs
listed
in
the
permit
are
intended
as
general
guidelines
regarding
deicing
and
operation
of
the
spent
ADF
management
system.

a.
Full
deicing
activities
are
normally
restricted
to
the
areas
at
the
site
indicated
in
Figure
2.
(
Figure
2
shows
only
those
areas
where
deicing
is
allowed
as
of
the
issuance
date
of
this
permit.
Future
modifications
to
deicing
areas
during
the
permit
term
will
not
necessarily
result
in
a
change
to
Figure
2,
but
rather
must
be
reflected
in
DIA's
SWMP.)
Under
special
situations,
for
safety
reasons
Airport
Operations
may
grant
permission
for
full
deicing
at
the
A
and
C
concourse
gates
where
it
is
not
normally
allowed.
Full
deicing
at
A
and
C
concourse
gates
will
only
be
allowed
when
authorized
by
the
airport
manager
or
his
designee.
Full
deicing
at
any
other
areas
is
prohibited.

AMENDED:
April
14,
2004
EFFECTIVE:
May
14,
2004
Part
I
Page
No.
14
Permit
No.
COS­
000008
D.
BASIC
TERMS
AND
CONDITIONS
b.
To
the
maximum
extent
practicable,
ADF
mixed
with
stormwater
runoff
collected
from
the
three
west
deicing
pads
is
recycled
at
the
on­
site
recycling
facilities.
However,
if
the
concentration
of
spent
deicing
fluid
received
by
the
facility
is
too
low
for
recycling
(
due
to
technical
or
economic
factors),
the
fluid
will
instead
be
pumped
to
the
Metro
Wastewater
Reclamation
District
(
Metro)
for
disposal.

c.
The
overall
objective
in
operation
of
the
spent
ADF
management
system
is
to
capture
ADF
after
it
has
been
applied.
DIA's
SWMP
must
contain
BMPs
specific
to
how
influent
valves
will
be
positioned
to
capture
spent
ADF,
how
the
system
will
be
operated
if
storage
volumes
are
nearing
capacity,
and
how
releases
from
a
pond
would
occur.

d.
DIA's
contribution
permit
with
Metro
requires
that
records
be
maintained
regarding
pond
levels
and
volumes.
DIA
shall
also
maintain
records
regarding
influent
valve
positions,
diversions,
and
releases
from
ponds
to
the
clean
stormwater
system.
Diversions
and
pond
releases
shall
be
summarized
in
the
annual
report.

AMENDED:
April
14,
2004
EFFECTIVE:
May
14,
2004
Part
I
Page
No.
15
Permit
No.
COS­
000008
D.
BASIC
TERMS
AND
CONDITIONS
3.
Additional
SWMP
Requirements
a.
SWMP:
The
SWMP
shall
be
updated
as
appropriate.
A
revised
SWMP
will
be
submitted
in
final
form
within
90
days
after
the
effective
date
of
this
permit,
to
take
into
account
any
new
requirements
imposed
by
the
permit.

b.
SWMP
Retention:
A
current
copy
of
the
SWMP
shall
be
retained
on
site.

AMENDED:
April
14,
2004
EFFECTIVE:
May
14,
2004
Part
I
Page
No.
16
Permit
No.
COS­
000008
D.
BASIC
TERMS
AND
CONDITIONS
c.
SWMP
Review/
Changes:
Upon
review
of
the
SWMP,
the
Division
may
notify
the
permittee
at
any
time
that
the
plan
does
not
meet
one
or
more
of
the
minimum
requirements
of
this
permit.
After
such
notification,
the
permittee
shall
make
changes
to
the
plan
and
shall
submit
to
the
Division
an
update
to
the
plan
including
the
requested
changes.
Unless
otherwise
provided
by
the
Division,
the
permittee
shall
have
30
days
after
such
notification
to
both
make
the
necessary
changes
to
the
plan
and
to
implement
them.

The
permittee
shall
amend
the
plan
whenever
there
is
a
change
in
design,
construction,
operation,
or
maintenance
which
has
a
significant
effect
on
the
potential
for
the
discharge
of
pollutants
to
the
waters
of
the
State,
or
if
the
SWMP
proves
to
be
ineffective
in
achieving
the
general
objectives
of
controlling
pollutants
in
stormwater
discharges
associated
with
industrial
activity.
Amendments
to
the
plan
should
be
submitted
to
the
Division
with
the
following
Annual
Report.
The
Division
reserves
the
right
to
require
additional
measures
to
prevent
and
control
pollution,
as
needed.

4.
Prohibition
of
Non­
stormwater
Discharges
a.
Except
as
provided
in
section
b,
below,
all
discharges
authorized
by
this
permit
shall
be
composed
entirely
of
stormwater
associated
with
industrial
activity.
Discharges
which
fall
under
the
Division's
regulations,
and
which
are
not
authorized
under
this
permit
and
consist
of
material
other
than
stormwater
associated
with
industrial
activity,
must
be
addressed
in
a
separate
CDPS
permit
issued
for
that
discharge.

b.
Discharges
from
the
following
sources
that
are
combined
with
stormwater
discharges
associated
with
industrial
activity
may
be
authorized
by
this
permit,
provided
that
the
non­
stormwater
component
of
the
discharge
is
identified
in
the
SWMP
(
see
Part
I.
C.
3.
h
of
the
permit):
fire
fighting
activities,
uncontaminated
compressor
condensate,
irrigation
drainage,
lawn
watering,
air
conditioner
condensate,
uncontaminated
springs,
and
foundation
or
footing
drain
where
flows
are
not
contaminated.

Stormwater
discharges
associated
with
deicing/
anti­
icing
activities
are
authorized
under
this
permit,
as
per
the
provisions
in
Part
I.
A.
1
of
the
permit.
It
should
be
noted,
however,
that
deicing
and
anti­
icing
of
ground
vehicle
road
and
parking
surfaces
outside
the
Airport
Operations
Area
are
not
regulated
activities
under
this
permit
at
this
time.

5.
Releases
in
Excess
of
Reportable
Quantities
This
permit
does
not
relieve
the
permittee
of
the
reporting
requirements
of
40
C.
F.
R.
110,
40
C.
F.
R.
117
or
40
C.
F.
R.
302.
Any
discharge
of
hazardous
substances
must
be
handled
in
accordance
with
the
Division's
Notification
Requirements
(
see
Parts
II.
A.
4
and
II.
A.
5
of
the
permit).

6.
Facility
Inspections
Qualified
personnel
identified
by
the
operator
shall
make
a
comprehensive
inspection
of
their
stormwater
management
system,
at
least
twice
per
year
(
in
the
spring
and
fall).
These
comprehensive
inspections
must
be
documented
and
summarized
in
the
Annual
Report
(
see
Part
I.
F.
1
of
the
permit).

a.
Material
handling
areas,
disturbed
areas,
areas
used
for
material
storage
that
are
exposed
to
precipitation,
and
other
potential
sources
of
pollution
identified
in
the
SWMP
in
accordance
with
Part
I.
C.
3.
b
of
this
permit
shall
be
inspected
for
evidence
of,
or
the
potential
for,
pollutants
entering
the
drainage
system.
Structural
stormwater
management
measures,
sediment
and
control
measures,
and
other
structural
pollution
prevention
measures
identified
in
the
plan
shall
be
observed
to
ensure
that
they
are
operating
correctly.
A
visual
inspection
of
equipment
needed
to
implement
the
plan,
such
as
spill
response
equipment,
shall
be
made.

b.
Based
on
the
results
of
the
inspection,
the
description
of
potential
pollutant
sources
and
pollution
prevention
measures
identified
in
the
plan
shall
be
revised
as
appropriate
within
two
weeks
of
such
inspection.
Such
revisions
shall
provide
for
implementation
of
any
changes
to
the
plan
in
a
timely
manner,
but
in
no
case
more
than
90
days
after
the
inspection.
Part
I
Page
No.
17
Permit
No.
COS­
000008
D.
BASIC
TERMS
AND
CONDITIONS
c.
A
report
summarizing
the
scope
of
the
inspection,
personnel
making
the
inspection,
the
date(
s)
of
the
inspection,
major
observations
relating
to
the
implementation
of
the
SWMP,
and
actions
taken
in
accordance
with
paragraph
(
b),
above,
shall
be
made
and
retained
as
part
of
the
SWMP
for
at
least
three
years.
The
report
shall
be
signed
in
accordance
with
Part
I.
F.
6
of
this
permit.

7.
SWMP
Availability
A
copy
of
the
SWMP
shall
be
provided
to
EPA
upon
request,
and
within
the
time
frame
specified
in
the
request.
All
SWMPs
required
under
this
permit
are
considered
reports
that
shall
be
available
to
the
public
under
Section
308(
b)
of
the
CWA.
The
owner
or
operator
of
a
facility
with
stormwater
discharges
covered
by
this
permit
shall
make
plans
available
to
members
of
the
public
upon
request.
However,
the
permittee
may
claim
any
portion
of
a
stormwater
pollution
plan
as
confidential
in
accordance
with
40
C.
F.
R.
Part
2.

E.
DEFINITIONS
OF
TERMS
1.
"
Daily
Maximum
limitation"
means
the
limitation
for
this
parameter
shall
be
applied
as
an
instantaneous
maximum
(
or,
for
pH
or
DO,
instantaneous
minimum)
value.
The
instantaneous
value
is
defined
as
the
analytical
result
of
any
individual
sample.
DMRs
shall
include
the
maximum
(
and/
or
minimum)
of
all
instantaneous
values
within
the
calendar
month.
Any
instantaneous
value
beyond
the
noted
daily
maximum
limitation
for
the
indicated
parameter
shall
be
considered
a
violation
of
this
permit.

2.
"
Grab"
sample,
is
a
single
"
dip
and
take"
sample
so
as
to
be
representative
of
the
parameter
being
monitored.

3.
"
In­
situ"
measurement
is
defined
as
a
single
reading,
observation
or
measurement
taken
in
the
field
at
the
point
of
discharge.

4.
"
Instantaneous"
measurement
is
a
single
reading,
observation,
or
measurement
performed
on
site
using
existing
monitoring
facilities.

5.
"
Quarterly
measurement
frequency"
means
samples
may
be
collected
at
any
time
during
the
calendar
quarter
(
e.
g.,
January
through
March)
if
a
continual
discharge
occurs.
If
the
discharge
is
intermittent,
then
samples
shall
be
collected
during
the
period
that
discharge
occurs.

6.
"
Twice
Monthly
(
2X/
Month)"
monitoring
frequency
means
that
two
samples
shall
be
collected
each
calendar
month
on
separate
weeks
with
at
least
one
full
week
between
the
two
sample
dates.
Also,
there
shall
be
at
least
one
full
week
between
the
second
sample
of
a
month
and
the
first
sample
of
the
following
month.

7.
"
Visual"
observation
is
observing
the
discharge
to
check
for
the
presence
of
a
visible
sheen
or
floating
oil.

8.
"
Water
Quality
Control
Division"
or
"
Division"
means
the
state
Water
Quality
Control
Division
as
established
in
25­
8­
101
et
al.

Additional
relevant
definitions
are
found
in
the
Colorado
Water
Quality
Control
Act,
CRS


25­
8­
101
et
seq.,
the
Colorado
Discharge
Permit
System
Regulations,
Regulation
61
(
5
C.
C.
R.
1002­
61)
and
other
applicable
regulations.

F.
REPORTING
REQUIREMENTS
1.
Annual
Report
The
permittee
will
be
required
to
submit
an
Annual
Report,
covering
October
1
through
September
30
of
each
year
(
except
as
noted
under
1.
e.,
below),
on
the
overall
compliance
with
the
SWMP.
The
Annual
Report
shall
contain,
at
a
minimum:
a.
Name
of
permittee,
address,
phone
number,
and
permit
certification
number.
b.
A
report
on
the
facility's
overall
compliance
with
the
SWMP.

AMENDED:
April
14,
2004
EFFECTIVE:
May
14,
2004
Part
I
Page
No.
18
Permit
No.
COS­
000008
F.
REPORTING
REQUIREMENTS
c.
Changes
made
in
the
individual
items
of
the
SWMP,
and
any
proposed
changes.
d.
A
summary
of
each
comprehensive
stormwater
facility
inspection
made,
including
date,
findings,
and
action
taken.
e.
A
summary
of
operations
and
capture
efficiency
achieved
by
the
spent
ADF
management
system
will
be
provided
by
deicing
season,
and
may
cover
a
period
different
than
that
specified.
Information
to
be
reported
includes
total
amounts
of
ADF
that
are:
applied,
recovered,
treated
(
via
Metro),
recycled,
and
not
collected
(
i.
e.,
fugitive
ADF).
f.
The
report
shall
be
signed
and
certified
for
accuracy
by
the
permittee,
including
the
certification
language
outlined
in
Part
I.
F.
6
of
the
permit.

The
Annual
Report
will
be
due
to
the
Division
on
or
before
November
28
of
each
year
(
see
address
below).
The
Division
reserves
the
right
to
require
additional
information
in
the
report,
on
a
case­
by­
case
basis,
as
needed.

A
signed
copy
of
the
above
report
form(
s)
shall
be
submitted
to
the
following
address:

Colorado
Department
of
Public
Health
&
Environment
Water
Quality
Control
Division
WQCD­
P­
B2
4300
Cherry
Creek
Drive
South
Denver,
Colorado
80246­
1530
2.
Additional
Reporting
DIA
must
submit
a
monthly
status
report
on
the
status
of
glycol
management
at
DIA,
at
least
until
the
compliance
schedule
items
have
been
completed.
After
that
time,
the
monthly
status
report
shall
be
required
until
such
time
as
the
Division
determines
that
the
increased
reporting
frequency
is
not
necessary,
based
on
DIA's
compliance
history.
The
monthly
report
shall
be
due
by
the
10th
day
of
the
following
month.

3.
Reporting
to
Municipality
Any
permitted
facility
discharging
to
a
municipal
storm
sewer
shall
provide
the
municipality
with
a
copy
of
the
permit
application,
Annual
Reports,
and/
or
Discharge
Monitoring
Reports,
upon
request.
A
copy
of
the
SWMP
shall
also
be
provided
to
the
municipality
upon
request.

4.
Routine
Reporting
of
Data
Reporting
of
the
data
gathered
in
compliance
with
Part
I.
B.
1
shall
be
on
a
quarterly
basis.
Reporting
of
all
data
gathered
shall
comply
with
the
requirements
of
Parts
I.
B
and
I.
F.
Monitoring
results
shall
be
summarized
for
each
quarter
and
reported
on
Division
approved
discharge
monitoring
report
(
DMR)
forms.
One
form
shall
be
mailed
to
the
Water
Quality
Control
Division,
as
indicated
below,
so
that
the
DMR
is
received
no
later
than
the
28th
day
of
the
following
month.
If
no
discharge
occurs
during
the
reporting
period,
"
No
Discharge"
shall
be
reported.

The
first
original
signed
copy
of
each
discharge
monitoring
report
(
DMR)
shall
be
submitted
to
the
Division
at
the
following
address:

Colorado
Department
of
Public
Health
and
Environment
Water
Quality
Control
Division
WQCD­
P­
B2
4300
Cherry
Creek
Drive
South
Denver,
Colorado
80246­
1530
The
Discharge
Monitoring
Report
forms
shall
be
filled
out
accurately
and
completely
in
accordance
with
requirements
of
this
permit
and
the
instructions
on
the
forms.
They
shall
be
signed
by
an
authorized
person
as
identified
in
Part
I.
F.
6.
Calculations
for
all
limitations
which
require
the
averaging
of
measurements
shall
utilize
an
arithmetic
mean
unless
otherwise
specified
by
the
Division
in
the
permit.

AMENDED:
April
14,
2004
EFFECTIVE:
May
14,
2004
Part
I
Page
No.
19
Permit
No.
COS­
000008
F.
REPORTING
REQUIREMENTS
If
the
permittee,
using
the
approved
analytical
methods,
monitors
any
parameter
more
frequently
than
required
by
this
permit,
then
the
results
of
such
monitoring
shall
be
included
in
the
calculation
and
reporting
of
the
values
required
in
the
Discharge
Monitoring
Report
Form
(
DMRs)
or
other
forms
as
required
by
the
Division.
Such
increased
frequency
shall
also
be
indicated.

5.
Records
The
permittee
shall
establish
and
maintain
records.
Those
records
shall
include
the
following:

a.
The
date,
type,
exact
location,
and
time
of
sampling
or
measurements;
b.
The
individual(
s)
who
performed
the
sampling
or
measurements;
c.
The
date(
s)
the
analyses
were
performed;
d.
The
individual(
s)
who
performed
the
analyses;
e.
The
analytical
techniques
or
methods
used;
f.
The
results
of
such
analyses;
and
g.
Any
other
observations
which
may
result
in
an
impact
on
the
quality
or
quantity
of
the
discharge
as
indicated
in
40
C.
F.
R.
122.44
(
I)(
1)(
iii).

The
permittee
shall
retain
for
a
minimum
of
three
(
3)
years
records
of
all
monitoring
information,
including
all
original
strip
chart
recordings
for
continuous
monitoring
instrumentation,
all
calibration
and
maintenance
records,
copies
of
all
reports
required
by
this
permit
and
records
of
all
data
used
to
complete
the
application
for
this
permit.
This
period
of
retention
shall
be
extended
during
the
course
of
any
unresolved
litigation
regarding
the
discharge
of
pollutants
by
the
permittee
or
when
requested
by
the
Division
or
EPA.

6.
Signatory
and
Certification
Requirements
a.
All
reports
and
other
information
required
by
the
Division,
shall
be
signed
and
certified
for
accuracy
by
the
permittee
in
accord
with
the
following
criteria:

1)
In
the
case
of
corporations,
by
a
principal
executive
officer
of
at
least
the
level
of
vice­
president
or
his
or
her
duly
authorized
representative,
if
such
representative
is
responsible
for
the
overall
operation
of
the
facility
from
which
the
discharge
described
in
the
form
originates;

2)
In
the
case
of
a
partnership,
by
a
general
partner;

3)
In
the
case
of
a
sole
proprietorship,
by
the
proprietor;

4)
In
the
case
of
a
municipal,
state,
or
other
public
facility,
by
either
a
principal
executive
officer,
ranking
elected
official,
or
other
duly
authorized
employee.

b.
All
reports
required
by
permits,
and
other
information
requested
by
the
Division
shall
be
signed
by
a
person
as
described
above
or
by
a
duly
authorized
representative
of
that
person.
A
person
is
a
duly
authorized
representative
only
if:

1)
The
authorization
is
made
in
writing
by
a
person
described
above;

2)
The
authorization
specifies
either
an
individual
or
a
position
having
responsibility
for
the
overall
operation
of
the
regulated
facility
or
activity
such
as
the
position
of
plant
manager,
operator
of
a
well
or
a
well
field,
superintendent,
position
of
equivalent
responsibility,
or
an
individual
or
position
having
overall
responsibility
for
environmental
matters
for
the
company.
(
A
duly
authorized
representative
may
thus
be
either
a
named
individual
or
any
individual
occupying
a
named
position);
and,

3)
The
written
authorization
is
submitted
to
the
Division.
Part
I
Page
No.
20
Permit
No.
COS­
000008
F.
REPORTING
REQUIREMENTS
If
an
authorization
as
described
in
this
section
is
no
longer
accurate
because
a
different
individual
or
position
has
responsibility
for
the
overall
operation
of
the
facility,
a
new
authorization
satisfying
the
requirements
of
this
section
must
be
submitted
to
the
Division
prior
to
or
together
with
any
reports,
information,
or
applications
to
be
signed
by
an
authorized
representative.

The
permittee,
or
the
duly
authorized
representative
shall
make
and
sign
the
following
certification
on
all
such
documents:

"
I
certify
under
penalty
of
law
that
this
document
and
all
attachments
were
prepared
under
my
direction
or
supervision
in
accordance
with
a
system
designed
to
assure
that
qualified
personnel
properly
gather
and
evaluate
the
information
submitted.
Based
on
my
inquiry
of
the
person
or
persons
who
manage
the
system,
or
those
persons
directly
responsible
for
gathering
the
information,
the
information
submitted
is
to
the
best
of
my
knowledge
and
belief,
true,
accurate
and
complete.
I
am
aware
that
there
are
significant
penalties
for
submitting
false
information,
including
the
possibility
of
fine
and
imprisonment
for
knowing
violations."
Part
I
Page
No.
21
Permit
No.
COS­
000008
G.
FIGURES
FIGURE
1
Part
I
Page
No.
22
Permit
No.
COS­
000008
FIGURE
2
AUTHORIZED
AIRCRAFT
DEICING
AREAS
AT
DIA
AND
DEICING
WASTE
DETENTION
PONDS/
STORAGE
TANKS
Part
I
Page
No.
23
Permit
No.
COS­
000008
FIGURE
3
STORMWATER
MANAGEMENT
FLOW
SCHEMATIC
Part
I
Page
No.
24
Permit
No.
COS­
000008
FIGURE
4
CONTAMINATED
STORMWATER
SYSTEM
PROCESS
SCHEMATIC
Part
I
Page
No.
25
Permit
No.
COS­
000008
FIGURE
5
­
DIA
SAMPLING
SITES
AMENDED:
April
14,
2004
EFFECTIVE:
May
14,
2004
Part
II
Page
No.
26
Permit
No.:
COS­
000008
PART
II
A.
NOTIFICATION
REQUIREMENTS
1.
Notification
to
Parties
All
notification
requirements
under
this
section
shall
be
directed
as
follows:

a.
Oral
notifications,
other
than
for
spills,
during
normal
business
hours
shall
be
to:

Water
Quality
Protection
Section
­
Industrial
Compliance
Water
Quality
Control
Division
Telephone:
(
303)
692­
3500
Spills
notifications
at
any
time
and
other
notifications
after
hours
shall
be
to
:

Emergency
Management
Unit
Telephone:
1­
877­
518­
5608
b.
Written
notification
shall
be
to:

Water
Quality
Protection
Section
­
Industrial
Compliance
Water
Quality
Control
Division
Colorado
Department
of
Public
Health
and
Environment
WQCD­
WQP­
B2
4300
Cherry
Creek
Drive
South
Denver,
CO
80246­
1530
2.
Change
in
Discharge
The
permittee
shall
notify
the
Division,
in
writing,
of
any
planned
physical
alterations
or
additions
to
the
permitted
facility,
or
any
significant
changes
in
the
type(
s)
of
deicing
or
anti­
icing
chemicals
used.
Notice
is
required
only
when:

a.
The
alteration
or
addition
could
significantly
change
the
nature
or
increase
the
quantity
or
pollutants
discharged;
or
b.
The
alteration
or
addition
results
in
a
significant
change
in
the
permittee's
sludge
use
or
disposal
practices,
and
such
alteration,
addition,
or
change
may
justify
the
application
of
permit
conditions
that
are
different
from
or
absent
in
the
existing
permit,
including
notification
of
additional
use
or
disposal
sites
not
reported
pursuant
to
an
approved
land
application
plan.

The
permittee
shall
give
advance
notice
to
the
Division
of
any
planned
changes
in
the
permitted
facility
or
activity
which
may
result
in
noncompliance
with
permit
requirements.

Whenever
notification
of
any
planned
physical
alterations
or
additions
to
the
permitted
facility
is
required
pursuant
to
this
section,
the
permittee
shall
furnish
the
Division
such
plans
and
specifications
which
the
Division
deems
reasonably
necessary
to
evaluate
the
effect
on
the
discharge,
the
stream,
or
ground
water.
If
the
Division
finds
that
such
new
or
altered
discharge
might
be
inconsistent
with
the
conditions
of
the
permit,
the
Division
shall
require
a
new
or
revised
permit
application
and
shall
follow
the
procedures
specified
in
Sections
61.5
through
61.6,
and
61.15
of
the
Colorado
Discharge
Permit
System
Regulations.

3.
Special
Notifications
­
Definitions
a.
Bypass:
The
unpermitted
intentional
diversion
of
waste
streams
from
any
portion
of
a
treatment
facility.

b.
Severe
Property
Damage:
Substantial
physical
damage
to
property
at
the
treatment
facilities
which
causes
them
to
become
inoperable,
or
substantial
and
permanent
loss
of
natural
resources
which
can
reasonably
be
expected
to
occur
in
the
absence
of
a
bypass.
It
does
not
mean
economic
loss
caused
by
delays
in
production.
A.
NOTIFICATION
REQUIREMENTS
c.
Spill:
An
incident
in
which
flows
or
solid
materials
are
accidentally
or
unintentionally
allowed
to
flow
or
escape
so
as
to
be
Part
II
Page
No.
27
Permit
No.:
COS­
000008
lost
from
the
treatment,
processing
or
manufacturing
system
which
may
cause
or
threaten
pollution
of
state
waters.

d.
Upset:
An
exceptional
incident
in
which
there
is
unintentional
and
temporary
noncompliance
with
permit
effluent
limitations
because
of
factors
beyond
the
reasonable
control
of
the
permittee.
An
upset
does
not
include
noncompliance
to
the
extent
caused
by
operational
error,
improperly
designed
treatment
facilities,
inadequate
treatment
facilities,
lack
of
preventative
maintenance,
or
careless
or
improper
operation.

4.
Noncompliance
Notification
a.
If,
for
any
reason,
the
permittee
does
not
comply
with
or
will
be
unable
to
comply
with
any
discharge
limitations
or
standards
specified
in
this
permit,
the
permittee
shall,
at
a
minimum,
provide
the
Division
and
EPA
with
the
following
information:

1)
A
description
of
the
discharge
and
cause
of
noncompliance;

2)
The
period
of
noncompliance,
including
exact
dates
and
times
and/
or
the
anticipated
time
when
the
discharge
will
return
to
compliance;
and
3)
Steps
being
taken
to
reduce,
eliminate,
and
prevent
recurrence
of
the
noncomplying
discharge.

b.
Unless
otherwise
specified
in
the
permit,
the
permittee
shall
report
the
following
circumstances
orally
within
twenty­
four
(
24)
hours
from
the
time
the
permittee
becomes
aware
of
the
circumstances,
and
shall
mail
to
the
Division
a
written
report
containing
the
information
requested
in
Part
II.
A.
4
(
a)
within
five
(
5)
days
after
becoming
aware
of
the
following
circumstances:

1)
Circumstances
leading
to
any
noncompliance
which
may
endanger
health
or
the
environment
regardless
of
the
cause
of
the
incident;

2)
Circumstances
leading
to
any
unanticipated
bypass
which
exceeds
any
effluent
limitations
in
the
permit;

3)
Circumstances
leading
to
any
upset
or
spill
which
causes
an
exceedance
of
any
effluent
limitation
in
the
permit;

4)
Daily
maximum
violations
for
any
of
the
pollutants
limited
by
Part
I.
A
of
this
permit
and
specified
as
requiring
24
hour
notification.
This
includes
any
toxic
pollutant
or
hazardous
substance
or
any
pollutant
specifically
identified
as
the
method
to
control
any
toxic
pollutant
or
hazardous
substance.

c.
The
permittee
shall
report
instances
of
non­
compliance
which
are
not
required
to
be
reported
within
24­
hours
at
the
time
Discharge
Monitoring
Reports
are
submitted.
The
reports
shall
contain
the
information
listed
in
sub­
paragraph
(
a)
of
this
section.

5.
Other
Notification
Requirements
Reports
of
compliance
or
noncompliance
with,
or
any
progress
reports
on,
interim
and
final
requirements
contained
in
any
compliance
schedule
in
the
permit
shall
be
submitted
no
later
than
fourteen
(
14)
days
following
each
scheduled
date,
unless
otherwise
provided
by
the
Division.

The
permittee
shall
notify
the
Division,
in
writing,
thirty
(
30)
days
in
advance
of
a
proposed
transfer
of
permit
as
provided
in
Part
II.
B.
4.

The
permittee's
notification
of
all
anticipated
noncompliance
does
not
stay
any
permit
condition.

All
existing
manufacturing,
commercial,
mining,
and
silvicultural
dischargers
must
notify
the
Division
as
soon
as
they
know
or
have
reason
to
believe:
Part
II
Page
No.
28
Permit
No.:
COS­
000008
A.
NOTIFICATION
REQUIREMENTS
a.
That
any
activity
has
occurred
or
will
occur
which
would
result
in
the
discharge,
on
a
routine
or
frequent
basis,
of
any
toxic
pollutant
which
is
not
limited
in
the
permit,
if
that
discharge
will
exceed
the
highest
of
the
following
"
notification
levels":

1)
One
hundred
micrograms
per
liter
(
100
µ
g/
l);

2)
Two
hundred
micrograms
per
liter
(
200
µ
g/
l)
for
acrolein
and
acrylonitrile;
five
hundred
micrograms
per
liter
(
500
µ
g/
l)
for
2.4­
dinitrophenol
and
2­
methyl­
4.6­
dinitrophenol;
and
one
milligram
per
liter
(
1
mg/

)
for
antimony;

3)
Five
(
5)
times
the
maximum
concentration
value
reported
for
that
pollutant
in
the
permit
application
in
accordance
with
Section
61.4(
2)(
g).

4)
The
level
established
by
the
Division
in
accordance
with
40
C.
F.
R.

122.44(
f).

b.
That
any
activity
has
occurred
or
will
occur
which
would
result
in
any
discharge,
on
a
non­
routine
or
infrequent
basis,
of
a
toxic
pollutant
which
is
not
limited
in
the
permit,
if
that
discharge
will
exceed
the
highest
of
the
following
"
notification
levels":

1)
Five
hundred
micrograms
per
liter
(
500
µ
g/
l);

2)
One
milligram
per
liter
(
1
mg/

)
for
antimony;
and
3)
Ten
(
10)
times
the
maximum
concentration
value
reported
for
that
pollutant
in
the
permit
application.

4)
The
level
established
by
the
Division
in
accordance
with
40
C.
F.
R.

122.44(
f).

6.
Bypass
Notification
If
the
permittee
knows
in
advance
of
the
need
for
a
bypass,
a
notice
shall
be
submitted,
at
least
ten
days
before
the
date
of
the
bypass,
to
the
Division.
The
bypass
shall
be
subject
to
Division
approval
and
limitations
imposed
by
the
Division.
Violations
of
requirements
imposed
by
the
Division
will
constitute
a
violation
of
this
permit.

7.
Upsets
a.
Effect
of
an
Upset
An
upset
constitutes
an
affirmative
defense
to
an
action
brought
for
noncompliance
with
permit
effluent
limitations
if
the
requirements
of
paragraph
(
b)
of
this
section
are
met.
No
determination
made
during
administrative
review
of
claims
that
noncompliance
was
caused
by
upset,
and
before
an
action
for
noncompliance,
is
final
administrative
action
subject
to
judicial
review.

b.
Conditions
Necessary
for
a
Demonstration
of
Upset
A
permittee
who
wishes
to
establish
the
affirmative
defense
of
upset
shall
demonstrate
through
properly
signed
contemporaneous
operating
logs,
or
other
relevant
evidence
that:

1)
An
upset
occurred
and
that
the
permittee
can
identify
the
specific
cause(
s)
of
the
upset;
and
2)
The
permitted
facility
was
at
the
time
being
properly
operated
and
maintained;
and
3)
The
permittee
submitted
proper
notice
of
the
upset
as
required
in
Part
II.
A.
4.
of
this
permit
(
24­
hour
notice);
and
Part
II
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A.
NOTIFICATION
REQUIREMENTS
4)
The
permittee
complied
with
any
remedial
measure
necessary
to
minimize
or
prevent
any
discharge
or
sludge
use
or
disposal
in
violation
of
this
permit
which
has
a
reasonable
likelihood
of
adversely
affecting
human
health
or
the
environment.

In
addition
to
the
demonstration
required
above,
a
permittee
who
wishes
to
establish
the
affirmative
defense
of
upset
for
a
violation
of
effluent
limitations
based
upon
water
quality
standards
shall
also
demonstrate
through
monitoring,
modeling
or
other
methods
that
the
relevant
standards
were
achieved
in
the
receiving
water.

c.
Burden
of
Proof
In
any
enforcement
proceeding
the
permittee
seeking
to
establish
the
occurrence
of
an
upset
has
the
burden
of
proof.

8.
Discharge
Point
Any
discharge
to
the
waters
of
the
State
from
a
point
source
other
than
specifically
authorized
by
this
permit
is
prohibited.

9.
Proper
Operation
and
Maintenance
The
permittee
shall
at
all
times
properly
operate
and
maintain
all
facilities
and
systems
of
treatment
and
control
(
and
related
appurtenances)
which
are
installed
or
used
by
the
permittee
as
necessary
to
achieve
compliance
with
the
conditions
of
this
permit.
Proper
operation
and
maintenance
includes
effective
performance
and
adequate
laboratory
and
process
controls,
including
appropriate
quality
assurance
procedures.
This
provision
requires
the
operation
of
back­
up
or
auxiliary
facilities
or
similar
systems
which
are
installed
by
the
permittee
only
when
necessary
to
achieve
compliance
with
the
conditions
of
the
permit.

10.
Minimization
of
Adverse
Impact
The
permittee
shall
take
all
reasonable
steps
to
minimize
or
prevent
any
discharge
of
sludge
use
or
disposal
in
violation
of
this
permit
which
has
a
reasonable
likelihood
of
adversely
affecting
human
health
or
the
environment.
As
necessary,
accelerated
or
additional
monitoring
to
determine
the
nature
and
impact
of
the
noncomplying
discharge
is
required.

11.
Removed
Substances
Solids,
sludges,
or
other
pollutants
removed
in
the
course
of
treatment
or
control
of
wastewaters
shall
be
disposed
in
accordance
with
applicable
state
and
federal
regulations.

For
all
domestic
wastewater
treatment
works,
at
industrial
facilities,
the
permittee
shall
dispose
of
sludge
in
accordance
with
all
State
and
Federal
regulations.

12.
Submission
of
Incorrect
or
Incomplete
Information
Where
the
permittee
failed
to
submit
any
relevant
facts
in
a
permit
application,
or
submitted
incorrect
information
in
a
permit
application
or
report
to
the
Division,
the
permittee
shall
promptly
submit
the
relevant
information
which
was
not
submitted
or
any
additional
information
needed
to
correct
any
erroneous
information
previously
submitted
13.
Bypass
a.
Bypasses
are
prohibited
and
the
Division
may
take
enforcement
action
against
the
permittee
for
bypass,
unless:

1)
The
bypass
is
unavoidable
to
prevent
loss
of
life,
personal
injury,
or
severe
property
damage;
Part
II
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Permit
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A.
NOTIFICATION
REQUIREMENTS
2)
There
were
no
feasible
alternatives
to
bypass
such
as
the
use
of
auxiliary
treatment
facilities,
retention
of
untreated
wastes,
or
maintenance
during
normal
periods
of
equipment
downtime.
This
condition
is
not
satisfied
if
adequate
back­
up
equipment
should
have
been
installed
in
the
exercise
of
reasonable
engineering
judgment
to
prevent
a
bypass
which
occurred
during
normal
periods
of
equipment
downtime
or
preventive
maintenance;
and
3)
Proper
notices
were
submitted
in
compliance
with
Part
II.
A.
4.

b.
"
Severe
property
damage"
as
used
in
this
Subsection
means
substantial
physical
damage
to
the
treatment
facilities
which
causes
them
to
become
inoperable,
or
substantial
and
permanent
loss
of
natural
resources
which
can
reasonably
be
expected
to
occur
in
the
absence
of
a
bypass.
Severe
property
damage
does
not
mean
economic
loss
caused
by
delays
in
production.

c.
The
permittee
may
allow
a
bypass
to
occur
which
does
not
cause
effluent
limitations
to
be
exceeded,
but
only
if
it
also
is
for
essential
maintenance
or
to
assure
optimal
operation.
These
bypasses
are
not
subject
to
the
provisions
of
paragraph
(
a)
above.

d.
The
Division
may
approve
an
anticipated
bypass,
after
considering
adverse
effects,
if
the
Division
determines
that
the
bypass
will
meet
the
conditions
specified
in
paragraph
(
a)
above.

14.
Reduction,
Loss,
or
Failure
of
Treatment
Facility
The
permittee
has
the
duty
to
halt
or
reduce
any
activity
if
necessary
to
maintain
compliance
with
the
effluent
limitations
of
the
permit.
Upon
reduction,
loss,
or
failure
of
the
treatment
facility,
the
permittee
shall,
to
the
extent
necessary
to
maintain
compliance
with
its
permit,
control
production,
control
sources
of
wastewater,
or
all
discharges,
until
the
facility
is
restored
or
an
alternative
method
of
treatment
is
provided.
This
provision
also
applies
to
power
failures,
unless
an
alternative
power
source
sufficient
to
operate
the
wastewater
control
facilities
is
provided.

It
shall
not
be
a
defense
for
a
permittee
in
an
enforcement
action
that
it
would
be
necessary
to
halt
or
reduce
the
permitted
activity
in
order
to
maintain
compliance
with
the
conditions
of
this
permit.

B.
RESPONSIBILITIES
1.
Inspections
and
Right
to
Entry
The
permittee
shall
allow
the
Division
and/
or
the
authorized
representative,
upon
the
presentation
of
credentials:

a.
To
enter
upon
the
permittee's
premises
where
a
regulated
facility
or
activity
is
located
or
in
which
any
records
are
required
to
be
kept
under
the
terms
and
conditions
of
this
permit;

b.
At
reasonable
times
to
have
access
to
and
copy
any
records
required
to
be
kept
under
the
terms
and
conditions
of
this
permit
and
to
inspect
any
monitoring
equipment
or
monitoring
method
required
in
the
permit;
and
c.
To
enter
upon
the
permittee's
premises
in
a
reasonable
manner
and
at
a
reasonable
time
to
inspect
and/
or
investigate,
any
actual,
suspected,
or
potential
source
of
water
pollution,
or
to
ascertain
compliance
or
non
compliance
with
the
Colorado
Water
Quality
Control
Act
or
any
other
applicable
state
or
federal
statute
or
regulation
or
any
order
promulgated
by
the
Division.
The
investigation
may
include,
but
is
not
limited
to,
the
following:
sampling
of
any
discharge
and/
or
process
waters,
the
taking
of
photographs,
interviewing
of
any
person
having
knowledge
related
to
the
discharge
permit
or
alleged
violation,
access
to
any
and
all
facilities
or
areas
within
the
permittee's
premises
that
may
have
any
affect
on
the
discharge,
permit,
or
alleged
violation.
Such
entry
is
also
authorized
for
the
purpose
of
inspecting
and
copying
records
required
to
be
kept
concerning
any
effluent
source.

d.
The
permittee
shall
provide
access
to
the
Division
to
sample
the
discharge
at
a
point
after
the
final
treatment
process
but
prior
to
the
discharge
mixing
with
state
waters
upon
presentation
of
proper
credentials.

B.
RESPONSIBILITIES
In
the
making
of
such
inspections,
investigations,
and
determinations,
the
Division,
insofar
as
practicable,
may
designate
as
its
Part
II
Page
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Permit
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COS­
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authorized
representatives
any
qualified
personnel
of
the
Department
of
Agriculture.
The
Division
may
also
request
assistance
from
any
other
state
or
local
agency
or
institution.

2.
Duty
to
Provide
Information
The
permittee
shall
furnish
to
the
Division,
within
a
reasonable
time,
any
information
which
the
Division
may
request
to
determine
whether
cause
exists
for
modifying,
revoking
and
reissuing,
or
terminating
this
permit,
or
to
determine
compliance
with
this
permit.
The
permittee
shall
also
furnish
to
the
Division,
upon
request,
copies
of
records
required
to
be
kept
by
this
permit.

3.
Transfer
of
Ownership
or
Control
a.
Except
as
provided
in
paragraph
b.
of
this
section,
a
permit
may
be
transferred
by
a
permittee
only
if
the
permit
has
been
modified
or
revoked
and
reissued
as
provided
in
Section
61.8(
8)
of
the
Colorado
Discharge
Permit
System
Regulations,
to
identify
the
new
permittee
and
to
incorporate
such
other
requirements
as
may
be
necessary
under
the
Federal
Act.

b.
A
permit
may
be
automatically
transferred
to
a
new
permittee
if:

1)
The
current
permittee
notifies
the
Division
in
writing
30
days
in
advance
of
the
proposed
transfer
date;
and
2)
The
notice
includes
a
written
agreement
between
the
existing
and
new
permittee(
s)
containing
a
specific
date
for
transfer
of
permit
responsibility,
coverage
and
liability
between
them;
and
3)
The
Division
does
not
notify
the
existing
permittee
and
the
proposed
new
permittee
of
its
intent
to
modify,
or
revoke
and
reissue
the
permit.

4)
Fee
requirements
of
the
Colorado
Discharge
Permit
System
Regulations,
Section
61.15,
have
been
met.

4.
Availability
of
Reports
Except
for
data
determined
to
be
confidential
under
Section
308
of
the
Federal
Clean
Water
Act
and
the
Colorado
Discharge
Permit
System
Regulations
5
C.
C.
R.
1002­
61,
Section
61.5(
4),
all
reports
prepared
in
accordance
with
the
terms
of
this
permit
shall
be
available
for
public
inspection
at
the
offices
of
the
Division
and
the
Environmental
Protection
Agency.

The
name
and
address
of
the
permit
applicant(
s)
and
permittee(
s),
permit
applications,
permits
and
effluent
data
shall
not
be
considered
confidential.
Knowingly
making
false
statement
on
any
such
report
may
result
in
the
imposition
of
criminal
penalties
as
provided
for
in
Section
309
of
the
Federal
Clean
Water
Act,
and
Section
25­
8­
610
C.
R.
S.

5.
Modification,
Suspension,
Revocation,
or
Termination
of
Permits
By
the
Division
The
filing
of
a
request
by
the
permittee
for
a
permit
modification,
revocation
and
reissuance,
termination
or
a
notification
of
planned
changes
or
anticipated
noncompliance,
does
not
stay
any
permit
condition.

a.
A
permit
may
be
modified,
suspended,
or
terminated
in
whole
or
in
part
during
its
term
for
reasons
determined
by
the
Division
including,
but
not
limited
to,
the
following:

1)
Violation
of
any
terms
or
conditions
of
the
permit;

2)
Obtaining
a
permit
by
misrepresentation
or
failing
to
disclose
any
fact
which
is
material
to
the
granting
or
denial
of
a
permit
or
to
the
establishment
of
terms
or
conditions
of
the
permit;
or
3)
Materially
false
or
inaccurate
statements
or
information
in
the
permit
application
or
the
permit.
Part
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Permit
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B.
RESPONSIBILITIES
4)
A
determination
that
the
permitted
activity
endangers
human
health
or
the
classified
or
existing
uses
of
state
waters
and
can
only
be
regulated
to
acceptable
levels
by
permit
modifications
or
termination.

b.
A
permit
may
be
modified
in
whole
or
in
part
for
the
following
causes,
provided
that
such
modification
complies
with
the
provisions
of
Section
61.10
of
the
Colorado
Discharge
Permit
System
Regulations:

1)
There
are
material
and
substantial
alterations
or
additions
to
the
permitted
facility
or
activity
which
occurred
after
permit
issuance
which
justify
the
application
of
permit
conditions
that
are
different
or
absent
in
the
existing
permit.

2)
The
Division
has
received
new
information
which
was
not
available
at
the
time
of
permit
issuance
(
other
than
revised
regulations,
guidance,
or
test
methods)
and
which
would
have
justified
the
application
of
different
permit
conditions
at
the
time
of
issuance.
For
permits
issued
to
new
sources
or
new
dischargers,
this
cause
includes
information
derived
from
effluent
testing
required
under
Section
61.4(
7)(
e)
of
the
Colorado
Discharge
Permit
System
Regulations.
This
provision
allows
a
modification
of
the
permit
to
include
conditions
that
are
less
stringent
than
the
existing
permit
only
to
the
extent
allowed
under
Section
61.10
of
the
Colorado
Discharge
Permit
System
Regulations.

3)
The
standards
or
regulations
on
which
the
permit
was
based
have
been
changed
by
promulgation
of
amended
standards
or
regulations
or
by
judicial
decision
after
the
permit
was
issued.
Permits
may
be
modified
during
their
terms
for
this
cause
only
as
follows:

a)
The
permit
condition
requested
to
be
modified
was
based
on
a
promulgated
effluent
limitation
guideline,
EPA
approved
water
quality
standard,
or
an
effluent
limitation
set
forth
in
5
C.
C.
R.
1002­
62,

62
et
seq.;
and
b)
EPA
has
revised,
withdrawn,
or
modified
that
portion
of
the
regulation
or
effluent
limitation
guideline
on
which
the
permit
condition
was
based,
or
has
approved
a
Commission
action
with
respect
to
the
water
quality
standard
or
effluent
limitation
on
which
the
permit
condition
was
based;
and
c)
The
permittee
requests
modification
after
the
notice
of
final
action
by
which
the
EPA
effluent
limitation
guideline,
water
quality
standard,
or
effluent
limitation
is
revised,
withdrawn,
or
modified;
or
d)
For
judicial
decisions,
a
court
of
competent
jurisdiction
has
remanded
and
stayed
EPA
promulgated
regulations
or
effluent
limitation
guidelines,
if
the
remand
and
stay
concern
that
portion
of
the
regulations
or
guidelines
on
which
the
permit
condition
was
based
and
a
request
is
filed
by
the
permittee
in
accordance
with
this
Regulation,
within
ninety
(
90)
days
of
judicial
remand.

4)
The
Division
determines
that
good
cause
exists
to
modify
a
permit
condition
because
of
events
over
which
the
permittee
has
no
control
and
for
which
there
is
no
reasonable
available
remedy.

5)
The
permittee
has
received
a
variance.

6)
When
required
to
incorporate
applicable
toxic
effluent
limitation
or
standards
adopted
pursuant
to
Section
307(
a)
of
the
Federal
Act.

7)
When
required
by
the
reopener
conditions
in
the
permit.

8)
As
necessary
under
40
C.
F.
R.
403.8(
e),
to
include
a
compliance
schedule
for
the
development
of
a
pretreatment
program.

9)
When
the
level
of
discharge
of
any
pollutant
which
is
not
limited
in
the
permit
exceeds
the
level
which
can
be
achieved
by
the
technology­
based
treatment
requirements
appropriate
to
the
permittee
under
Section
61.8(
2)
of
the
Colorado
Discharge
Permit
System
Regulations.

10)
To
establish
a
pollutant
notification
level
required
in
Section
61.8(
5)
of
the
Colorado
Discharge
Permit
System
Regulations.
Part
II
Page
No.
33
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B.
RESPONSIBILITIES
11)
To
correct
technical
mistakes,
such
as
errors
in
calculation,
or
mistaken
interpretations
of
law
made
in
determining
permit
conditions,
to
the
extent
allowed
in
Section
61.10
of
the
Colorado
State
Discharge
Permit
System
Regulations.

12)
When
required
by
a
permit
condition
to
incorporate
a
land
application
plan
for
beneficial
reuse
of
sewage
sludge,
to
revise
an
existing
land
application
plan,
or
to
add
a
land
application
plan.

13)
For
any
other
cause
provided
in
Section
61.10
of
the
Colorado
Discharge
Permit
System
Regulations.

c.
At
the
request
of
a
permittee,
the
Division
may
modify
or
terminate
a
permit
and
issue
a
new
permit
if
the
following
conditions
are
met:

1)
The
Regional
Administrator
has
been
notified
of
the
proposed
modification
or
termination
and
does
not
object
in
writing
within
thirty
(
30)
days
of
receipt
of
notification,

2)
The
Division
finds
that
the
permittee
has
shown
reasonable
grounds
consistent
with
the
Federal
and
State
statutes
and
regulations
for
such
modifications
or
termination;

3)
Requirements
of
Section
61.15
of
the
Colorado
Discharge
Permit
System
Regulations
have
been
met,
and
4)
Requirements
of
public
notice
have
been
met.

d.
Permit
modification
(
except
for
minor
modifications),
termination
or
revocation
and
reissuance
actions
shall
be
subject
to
the
requirements
of
Sections
61.5(
2),
61.5(
3),
61.6,
61.7
and
61.15
of
the
Colorado
Discharge
Permit
System
Regulations.
The
Division
shall
act
on
a
permit
modification
request,
other
than
minor
modifications
requests,
within
180
days
of
receipt
thereof.
Except
for
minor
modifications,
the
terms
of
the
existing
permit
govern
and
are
enforceable
until
the
newly
issued
permit
is
formally
modified
or
revoked
and
reissued
following
public
notice.

e.
Upon
consent
by
the
permittee,
the
Division
may
make
minor
permit
modifications
without
following
the
requirements
of
Sections
61.5(
2),
61.5(
3),
61.7,
and
61.15
of
the
Colorado
Discharge
Permit
System
Regulations.
Minor
modifications
to
permits
are
limited
to:

1)
Correcting
typographical
errors;
or
2)
Increasing
the
frequency
of
monitoring
or
reporting
by
the
permittee;
or
3)
Changing
an
interim
date
in
a
schedule
of
compliance,
provided
the
new
date
of
compliance
is
not
more
than
120
days
after
the
date
specific
in
the
existing
permit
and
does
not
interfere
with
attainment
of
the
final
compliance
date
requirement;
or
4)
Allowing
for
a
transfer
in
ownership
or
operational
control
of
a
facility
where
the
Division
determines
that
no
other
change
in
the
permit
is
necessary,
provided
that
a
written
agreement
containing
a
specific
date
for
transfer
of
permit
responsibility,
coverage
and
liability
between
the
current
and
new
permittees
has
been
submitted
to
the
Division;
or
5)
Changing
the
construction
schedule
for
a
discharger
which
is
a
new
source,
but
no
such
change
shall
affect
a
discharger's
obligation
to
have
all
pollution
control
equipment
installed
and
in
operation
prior
to
discharge;
or
6)
Deleting
a
point
source
outfall
when
the
discharge
from
that
outfall
is
terminated
and
does
not
result
in
discharge
of
pollutants
from
other
outfalls
except
in
accordance
with
permit
limits.

f.
When
a
permit
is
modified,
only
the
conditions
subject
to
modification
are
reopened.
If
a
permit
is
revoked
and
reissued,
the
entire
permit
is
reopened
and
subject
to
revision
and
the
permit
is
reissued
for
a
new
term.

g.
The
filing
of
a
request
by
the
permittee
for
a
permit
modification,
revocation
and
reissuance
or
termination
does
not
stay
any
permit
condition.
Part
II
Page
No.
34
Permit
No.:
COS­
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B.
RESPONSIBILITIES
h.
All
permit
modifications
and
reissuances
are
subject
to
the
antibacksliding
provisions
set
forth
in
61.10(
e)
through
(
g).

6.
Oil
and
Hazardous
Substance
Liability
Nothing
in
this
permit
shall
be
construed
to
preclude
the
institution
of
any
legal
action
or
relieve
the
permittee
from
any
responsibilities,
liabilities,
or
penalties
to
which
the
permittee
is
or
may
be
subject
to
under
Section
311
(
Oil
and
Hazardous
Substance
Liability)
of
the
Clean
Water
Act.

7.
State
Laws
Nothing
in
this
permit
shall
be
construed
to
preclude
the
institution
of
any
legal
action
or
relieve
the
permittee
from
any
responsibilities,
liabilities,
or
penalties
established
pursuant
to
any
applicable
State
law
or
regulation
under
authority
granted
by
Section
510
of
the
Clean
Water
Act.

8.
Permit
Violations
Failure
to
comply
with
any
terms
and/
or
conditions
of
this
permit
shall
be
a
violation
of
this
permit.
The
discharge
of
any
pollutant
identified
in
this
permit
more
frequently
than
or
at
a
level
in
excess
of
that
authorized
shall
constitute
a
violation
of
the
permit.

9.
Property
Rights
The
issuance
of
this
permit
does
not
convey
any
property
or
water
rights
in
either
real
or
personal
property,
or
stream
flows,
or
any
exclusive
privileges,
nor
does
it
authorize
any
injury
to
private
property
or
any
invasion
of
personal
rights,
nor
any
infringement
of
Federal,
State
or
local
laws
or
regulations.

10.
Severability
The
provisions
of
this
permit
are
severable.
If
any
provisions
of
this
permit,
or
the
application
of
any
provision
of
this
permit
to
any
circumstance,
is
held
invalid,
the
application
of
such
provision
to
other
circumstances
and
the
application
of
the
remainder
of
this
permit
shall
not
be
affected.

11.
Renewal
Application
If
the
permittee
desires
to
continue
to
discharge,
a
permit
renewal
application
shall
be
submitted
at
least
one
hundred
eighty
(
180)
days
before
this
permit
expires.
If
the
permittee
anticipates
there
will
be
no
discharge
after
the
expiration
date
of
this
permit,
the
Division
should
be
promptly
notified
so
that
it
can
terminate
the
permit
in
accordance
with
Part
II.
B.
5.

12.
Confidentiality
Any
information
relating
to
any
secret
process,
method
of
manufacture
or
production,
or
sales
or
marketing
data
which
has
been
declared
confidential
by
the
permittee,
and
which
may
be
acquired,
ascertained,
or
discovered,
whether
in
any
sampling
investigation,
emergency
investigation,
or
otherwise,
shall
not
be
publicly
disclosed
by
any
member,
officer,
or
employee
of
the
Commission
or
the
Division,
but
shall
be
kept
confidential.
Any
person
seeking
to
invoke
the
protection
of
this
Subsection
(
12)
shall
bear
the
burden
of
proving
its
applicability.
This
section
shall
never
be
interpreted
as
preventing
full
disclosure
of
effluent
data.

13.
Fees
The
permittee
is
required
to
submit
payment
of
an
annual
fee
as
set
forth
in
the
1983
amendments
to
the
Water
Quality
Control
Act.
Section
25­
8­
502
(
l)
(
b),
and
the
Colorado
Discharge
Permit
System
Regulations
5
C.
C.
R.
1002­
61,
Section
61.15
as
amended.
Failure
to
submit
the
required
fee
when
due
and
payable
is
a
violation
of
the
permit
and
will
result
in
enforcement
action
pursuant
to
Section
25­
8­
601
et.
seq.,
C.
R.
S.
1973
as
amended.
Part
II
Page
No.
35
Permit
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B.
RESPONSIBILITIES
14.
Duration
of
Permit
The
duration
of
a
permit
shall
be
for
a
fixed
term
and
shall
not
exceed
five
(
5)
years.
Filing
of
a
timely
and
complete
application
shall
cause
the
expired
permit
to
continue
in
force
to
the
effective
date
of
the
new
permit.
The
permit's
duration
may
be
extended
only
through
administrative
extensions
and
not
through
interim
modifications.

15.
Section
307
Toxics
If
a
toxic
effluent
standard
or
prohibition,
including
any
applicable
schedule
of
compliance
specified,
is
established
by
regulation
pursuant
to
Section
307
of
the
Federal
Act
for
a
toxic
pollutant
which
is
present
in
the
permittee's
discharge
and
such
standard
or
prohibition
is
more
stringent
than
any
limitation
upon
such
pollutant
in
the
discharge
permit,
the
Division
shall
institute
proceedings
to
modify
or
revoke
and
reissue
the
permit
to
conform
to
the
toxic
effluent
standard
or
prohibition.

16.
Antibacksliding
a.
A
permit
may
not
be
renewed,
reissued,
or
modified
to
contain
effluent
limitations
adopted
pursuant
to
Section
25­
8­
503(
1)(
b)
(
BPJ)
of
the
Water
Quality
Control
Act,
which
are
less
stringent
than
the
comparable
effluent
limitations
or
standards
in
the
previous
permit,
unless
any
one
of
the
following
exceptions
is
met
and
the
conditions
of
paragraph
(
c)
of
this
section
are
met:

1)
Material
and
substantial
alterations
or
additions
to
the
permitted
facility
occurred
after
permit
issuance
which
justify
the
application
of
less
stringent
effluent
limitations;
or
2)
Information
is
available
which
was
not
available
at
the
time
of
permit
issuance
(
other
than
revised
regulations,
guidance,
or
test
methods)
and
which
would
have
justified
the
application
of
a
less
stringent
effluent
limitation
or
standard
at
the
time
of
permit
issuance;
or
3)
The
Division
determines
that
technical
mistakes
or
mistaken
interpretations
of
law
were
made
in
issuing
the
permit,
which
justified
relaxation
of
the
effluent
limitations
or
standards;
or
4)
A
less
stringent
effluent
limitation
or
standard
is
necessary
because
of
events
over
which
the
permittee
has
no
control
and
for
which
there
is
not
reasonable
available
remedy;
or
5)
The
permittee
has
received
a
permit
variance;
or
6)
The
permittee
has
installed
the
treatment
facilities
required
to
meet
the
effluent
limitations
in
the
previous
permit
and
has
properly
operated
and
maintained
the
facilities
but
has
nevertheless
been
unable
to
achieve
the
previous
effluent
limitations,
in
which
case,
the
limitations
in
the
renewed,
reissued,
or
modified
permit
may
reflect
the
level
of
pollutant
control
actually
achieved
(
but
shall
not
be
less
stringent
than
required
by
effluent
guidelines
in
effect
at
the
time
of
permit
renewal,
reissuance,
or
modification).

b.
A
permit
may
not
be
renewed,
reissued,
or
modified
to
contain
effluent
limitations
adopted
pursuant
to
61.8(
2(
b)
or
(
c)
of
the
Colorado
Discharge
Permit
System
Regulations
that
are
less
stringent
than
the
comparable
effluent
limitations
in
the
previous
permit,
unless
any
of
the
exceptions
provided
herein
is
met
and
the
conditions
of
paragraph
c.
of
this
section
are
met.

1)
In
waters
where
the
applicable
water
quality
standard
has
not
yet
been
attained,
effluent
limitations
based
on
a
total
maximum
daily
load
or
other
waste
load
allocation
may
be
revised
to
be
less
stringent
if
the
cumulative
effect
of
all
such
revisions
assures
attainment
of
such
water
quality
standard,
or
the
designated
use
which
is
not
being
attained
is
removed
in
accordance
with
Section
31.6
of
the
Basic
Standards.
Part
II
Page
No.
36
Permit
No.:
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B.
RESPONSIBILITIES
2)
In
waters
where
the
applicable
water
quality
standard
has
been
attained,
effluent
limitations
based
on
a
total
maximum
daily
load,
other
waste
load
allocation,
or
any
other
permitting
standard
(
including
any
water
quality
standard)
may
be
revised
to
be
less
stringent
if
such
revision
is
subject
to
and
consistent
with
the
antidegradation
provisions
of
Section
31.8
of
the
Basic
Standards.
Consistency
with
Section
31.8
shall
be
presumed
if
the
waters
in
question
have
been
designated
by
the
Commission
as
"
use
protected";
or
3)
Whether
or
not
the
applicable
water
quality
standard
has
been
attained:

a)
Material
and
substantial
alterations
or
additions
to
the
permitted
facility
occurred
after
permit
issuance
which
justified
the
application
of
less
stringent
effluent
limitations;
or
b)
A
less
stringent
effluent
limitation
is
necessary
because
of
events
over
which
the
permittee
has
no
control
and
for
which
there
is
not
reasonable
available
remedy;
or
c)
The
permittee
has
received
a
permit
variance;
or
d)
The
permittee
has
installed
the
treatment
facilities
required
to
meet
the
effluent
limitations
in
the
previous
permit
and
has
properly
operated
and
maintained
the
facilities
but
has
nevertheless
been
unable
to
achieve
the
previous
effluent
limitations,
in
which
case,
the
limitations
in
the
reviewed,
reissued,
or
modified
permit
may
reflect
the
level
of
pollutant
control
actually
achieved
(
but
shall
not
be
less
stringent
than
required
by
effluent
guidelines
in
effect
at
the
time
of
permit
renewal,
reissuance,
or
modification).

c.
In
no
event
may
a
permit
with
respect
to
which
paragraphs
(
a)
and
(
b)
of
this
section
apply
be
renewed,
reissued,
or
modified
to
contain
an
effluent
limitation
or
standard
which
is
less
stringent
than
required
by
federal
effluent
guidelines
in
effect
at
the
time
the
permit
is
renewed,
reissued,
or
modified.
In
no
event
may
such
a
permit
to
discharge
into
state
waters
be
renewed,
reissued,
or
modified
to
contain
a
less
stringent
effluent
limitation
if
the
implementation
of
such
limitation
would
result
in
a
violation
of
an
applicable
water
quality
standard.

17.
Effect
of
Permit
Issuance
a.
The
issuance
of
a
permit
does
not
convey
any
property
rights
or
any
exclusive
privilege.

b.
The
issuance
of
a
permit
does
not
authorize
any
injury
to
person
or
property
or
any
invasion
of
personal
rights,
nor
does
it
authorize
the
infringement
of
federal,
state,
or
local
laws
or
regulations.

c.
Except
for
any
toxic
effluent
standard
or
prohibition
imposed
under
Section
307
of
the
Federal
act
or
any
standard
for
sewage
sludge
use
or
disposal
under
Section
405(
d)
of
the
Federal
act,
compliance
with
a
permit
during
its
term
constitutes
compliance,
for
purposes
of
enforcement,
with
Sections
301,
302,
306,
318,
403,
and
405(
a)
and
(
b)
of
the
Federal
act.
However,
a
permit
may
be
modified,
revoked
and
reissued,
or
terminated
during
its
term
for
cause
as
set
forth
in
Section
61.8(
8)
of
the
Colorado
Discharge
Permit
System
Regulations.
