Colorado Department of PublicHealth and EnvironmentWater Quality Control DivisionStormwater Programwww.cdphe.state.co.us/wq/PermitsUnitMatt Czahor at (303)-692-3575
Basis for Water Quality Permitting • 1972 – Clean Water Act established. • The Clean Water Act created the NPDES ( National Pollutant Discharge Elimination System) Program. • Requires permits to discharge process water. • 1990 – Stormwater Regulations added • Requires permits to discharge stormwater runoff from various industrial sources (based on SIC code).
EPA’s Role • To enforce the Clean Water Act. • Grant the authority to the State of Colorado to issue and enforce NPDES permits. • Provide oversite role to the State of Colorado. • Issues NPDES permits to tribal lands and federal facilities.
State of Colorado’s Role • EPA has given The State of Colorado the authority to issue and enforce NPDES permits • Colorado created the Colorado Water Quality Control Act • Colorado renamed NPDES permits, CDPS (Colorado Discharge Permitting System) permits.
Q: WHAT DISCHARGES FROM AN INDUSTRIAL SITE NEED A STATE CDPS PERMIT? A: ANY WATER DISCHARGED FROM THE INDUSTRIAL SITE NEEDS A PERMIT. (except water associated with: fire fighting activities, springs, or landscape irrigation return flow.)
Permits • Stormwater General Permits • Construction sites disturbing 1 acre or more of ground (Construction) • Sand & Gravel Operations (Sand and Gravel) • Asphalt and Concrete Batch Plants (Light Industry) • Auto Recyclers (Recycling Industry) Contact: Matt Czahor at (303)-692-3575
Local Municipality permitting Construction Dewatering (Water Quality Control Division)Chris Gates – 303-692-3539 Minimal Industrial Discharge (Water Quality Control Division) Chris Gates – 303-692-3539 404 Permitting (Army Corps of Engineers) 303-979-4120Fugitive Dust (Air Pollution Control Division) 303-692-3100 Other Permits
Stormwater Management Plan(SWMP) • Main Permit Requirement • Implementation of a SWMP • Goal of SWMP • Identify potential sources of pollution • Develop and implement stormwater management controls, BMPs (Best Management Practices)
SWMP Components • Industrial Activity Description • Site Map • Stormwater Management Controls (tool box) • Comprehensive Inspections • Consistency with Other Plans
Industrial Activity Description • Narrative description of the industrial activity • Enough detail in the description to describe all processes involved in the industrial activity • From start to finish
Site Map • Outline of drainage area of each stormwater outfall (to the extent possible) ,i.e. be flexible • Indicate each structural control measure • Surface water bodies
Stormwater Management Controls • SWMP Administrator • What person(s) is in charge of the SWMP • Commitment to address all aspects of SWMP • Identification of Potential Pollutant Sources and BMPs • All potential pollutant sources identified • BMPs identified for each of those pollutant sources • BMPs must cover 4 categories (see permit)
Stormwater Management Controls • Sampling Information • Not required, the Division reserves right to require if necessary • Preventive Maintenance • Procedures to inspect and maintain BMPs • Good Housekeeping • Cleaning and maintenance schedules, trash disposal, collection practices, sweeping, grounds maintenance, etc..
Stormwater Management Controls • Spill Prevention and Response Procedures • SPCC plan or equivalent, clean up equipment available • Employee Training • All employees trained, periodic dates for training • Identification of Discharges other than Stormwater • Detailed description, is it a lawful discharge?
Comprehensive Inspections • Must be conducted at least 2 times per year • Document and report these inspections in Annual Report, due by February 15th of each year
Consistency with Other Plans • Allows for overlap of requirements from other plans (SPCC requirements for example)
Terms and Conditions • General Limitations • Don’t discharge wash water • Bulk Storage of petroleum products and any other chemicals shall have adequate protection (2ndary or equivalent) • Permittee must comply with local requirements
Purpose of a Site Evaluation • Is the SWMP being implemented, all aspects? • Does the SWMP need to be updated? • Are the BMPs adequate? • Are the BMPs being maintained? • Do they need additional BMPs? • Additional concerns not addressed in SWMP?
Liabilities • State enforcement of permit requirements: • Inspection • Compliance Advisory • Notice of Violation / Cease and Desist / Clean up Order : ordering the implementation of additional provisions to get the site into compliance. Also, ordering the remediation of impacted areas. Includes penalties up to $10,000 per day of violation.
Liabilities Cont… • Other reasons for maintaining compliance. • Local Municipality enforcement (stop work orders) • EPA ( inspections and enforcement) • Third party lawsuits (Clean Water Act)
Liabilities Cont… • READ YOUR PERMIT! • Light Industry • Sand and Gravel