HomeMy WebLinkAboutSPRING CREEK FARMS NORTH SECOND FILING - FDP - FDP120005 - REPORTS - DRAINAGE REPORT (3)Storm Water Management Plan
For
Spring Creek Farms North Subdivision - Filing 2
submitted to:
City of Fort Collins, Colorado
Prepared June 2012
Storm Water Management Plan Administrator
Owner
Construction Site Operator
Page 1
TABLE OF CONTENTS
1.0 Site Description ............................................................................................................... 2
1.1 Introduction ............................................................................................................... 2
1.2 Project Description ................................................................................................... 3
1.3 Proposed Sequence of Activities .............................................................................. 3
1.4 Existing Soil and Surface Conditions ........................................................................ 4
1.5 Wetlands and Receiving Waters .............................................................................. 5
1.6 Storm Water Management Plan Administrator ......................................................... 5
1.7 Potential Pollutants ................................................................................................... 5
2.0 Pollution Controls ........................................................................................................... 5
2.1 Controls Overview .................................................................................................... 5
2.2 Erosion and Sediment controls ................................................................................. 5
2.2.1 Structural Practices .................................................................................................. 6
2.2.2 Non-Structural Practices ...................................................................................... 7
2.2.3 Other Controls .......................................................................................................... 8
2.3 Materials Management ............................................................................................. 9
2.3.1 Potential Pollution Sources ...................................................................................... 9
2.3.2 Pollution Prevention Measures ............................................................................. 9
2.4 Spill Management ..................................................................................................... 11
2.4 Non-Storm Water Components of Discharge ......................................................... 12
3.0 Inspection and Maintenance ........................................................................................ 12
3.1 Inspection and Maintenance Overview ................................................................... 12
3.2 Minimum Monitoring and Requirements ................................................................. 13
3.3 Reporting Requirements/ Inspection Reports ......................................................... 13
3.4 Site Maps ................................................................................................................ 14
4.0 Final Stabilization/ Conclusion .................................................................................... 14
5.0 References ..................................................................................................................... 16
Figures
Figure 1: Vicinity Map ................................................................................................................... 1
Figure 2: Existing Conditions Photo .............................................................................................. 3
Technical Appendix
Appendix A – CDPHE General Permit for Storm Water Discharge – Construction Activity
Appendix B – CDPHE General Permit Application
Appendix C – EPA National Menu of BMP’s
Appendix D – Reporting Chemical Spills and Releases in Colorado
Appendix E – Sample Inspection Form
Appendix F – Inactivation/Reassignment Notices
Appendix G – Soil Survey Information
Back Pocket – Site Maps/Sediment and Erosion Control Map
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1.0 Site Description
1.1 Introduction
The following Storm Water Management Plan (SWMP) has been prepared for use during the
construction of the Spring Creek Farms North Subdivision, Filing 2, located in the Northeast
Quarter of Section 19, Township 7 North, Range 68 West, in The City of Fort Collins, Colorado
and northwest of the Timberline and Drake Roads. This plan describes recommended
procedures and best management practices, BMP’s, to assist the Contractor in complying with
the Colorado Water Quality Control Act and the Federal Water Pollution Control Act. A copy of
the CDPHE General Permit for discharge is attached in Appendix A. The general permit is the
State law that requires this report and is provided for reference. A copy of the permit application
is provided in Appendix B for submittal to the State at least 10 days prior to beginning
grading activities. The intent of this plan is to provide the contractor a place to consolidate
records, logs, permits, applications etc. as well as guidance on water quality protection. It is
critical that the contractor understands that this plan is a living document that must be
updated and maintained throughout the construction process.
PROJECT
SITE
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1.2 Project Description
On ____ _, 2012, construction of the project is expected begin. The site, consisting of about
40 acres, is expected to be disturbed by excavation, grading, building construction, and other
development activities. The project will occur in a single phase including roadway improvements,
utility installations, parking lot and paving improvements, and construction of multifamily housing.
The completed subdivision will include 11 multifamily buildings, a welcome center with recreation
facilities and multiple covered garages. Maps of the proposed improvements are included in the
back pocket of this report. The maps are important documents that the contractor will need to use
throughout the construction project and is discussed in later sections.
1.3 Proposed Sequence of Activities
The contractor is the SWMP Administrator and will be responsible for implementing and
maintaining the erosion and sediment control, and pollution prevention measures described in
this document and the accompanying construction drawings and specifications. The contractor
may designate certain tasks as he sees fit, but the ultimate responsibility for ensuring the
implementation of these controls and their proper function remains with the contractor. The
order of major activities will be as follows:
1. Site Preparation: Confirm project disturbance limitations with those indicated on the BMP
maps, mobilize office trailers, and install initial sediment and erosion control and
pollution prevention BMP’s. All BMP’s must be shown on the BMP plans in the back
pocket of this report. Some BMP locations must be determined by the contractor and
marked on the plans.
2. Schedule internal pre-construction inspection of BMPs to insure proper installation and
functionality. Fill out an inspection report, provided in Appendix E, and file it in this
report notebook.
3. Site Construction Preparation: clearing, grubbing and overlot grading.
4. Utility Construction: installation of utilities and backfill of trenches.
5. Roadway and Parking Lot Concrete Construction: installation of curb, gutter and
sidewalk
6. Paving: completion of asphalt paving.
7. Installation of permanent BMP’s: detention and water quality ponds, outlet structures,
etc.
8. Permanent and temporary seeding: temporary seeding of areas that won’t be stabilized
within 30 days, permanent seeding of any areas that are complete.
9. Individual Building Foundation and Structure: excavation for footings, slabs, forming and
pouring foundation walls.
10. Building Structure: installation of structural frame on foundation system, erection of wood
frame structure, enclosures.
11. Building Interior: rough-in, interior finishes.
12. Finish grading of areas around finished buildings.
13. Final stabilization: landscaping around finished buildings and site amenities.
14. Remove all temporary BMPs upon establishment of sufficient vegetative cover or other
permanent stabilization..
If at any time construction ceases for a period expected to exceed 90 days, such as the project
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being split into multiple phases, temporary seeding of future phases shall be installed until
construction of each future phase has begun. In the event that the project is split into phases or
suspended, the permit may need to be inactivated or reassigned to next administrator.
1.4 Existing Soil and Surface Conditions
Generally, the site slopes from the North to South at approximately 1%. Existing vegetation
consists of typical pasture grasses, volunteer crop species, and weeds with an estimated density of
85%. The estimated 2-year runoff coefficient (c) for the existing site conditions is 0.15.
According to the geotechnical engineering report by Earth Engineering Consultants, Inc. the soil
underlying the subdivision are sandy clays. The report notes that groundwater was
encountered at depths of 13 to 21 feet. While the design used for this report does not anticipate
encountering groundwater, additional permitting will be required if de-watering is
necessary because groundwater is encountered.
According to the USDA Web Soil Survey, the site surface consists of mainly Nunn Clay Loam. The
erosion factor, K, indicates the susceptibility of a soil to sheet and rill erosion by water. Values of K
range from 0.02 to 0.69, where the higher the value is, the more susceptible the soil is to sheet and
rill erosion by water. According to the results of the survey, the site’s potential for erosion ranges is
low to medium, K=0.2, and the majority of the soil belongs to hydrologic group C. The web soil
survey data is included in Appendix G.
Figure 2: Existing Conditions Photo (Looking North)
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1.5 Wetlands and Receiving Waters
There are no known jurisdictional wetlands on the project site. No immediate impacts to
wetlands are anticipated as a result of planned construction.
Consistent with existing conditions, Runoff from the property will discharge to the Northern
Tributary Storm Sewer in the Foothills Master Basin. The Foothills Master Basin drains to Fossil
Creek Reservoir and eventually to the Poudre River.
1.6 Storm Water Management Plan Administrator
______________ shall be the designated SWMP Administrator for the Project. It will be his or
her responsibility to insure the SWMP's adequacy at all times to effectively manage potential
storm water pollutants throughout the course of construction.
1.7 Potential Pollutants
During construction of new facilities, there is a potential for storm water to be contaminated with
pollutants such as soil sediments, slurry from saw cutting concrete and asphalt, equipment
fueling, washing of exposed aggregate or masonry and concrete mix trucks, asphalt sealing,
street and house painting, construction waste and other related activities.
2.0 Pollution Controls
2.1 Controls Overview
During construction, several control measures shall be implemented under the direction of the
contractor to prevent discharge of contaminated water. Specifications and details for specific
control measures are included in Appendix C of this report for use on the project. In addition to
those structural measures, other controls include non-structural practices, materials
management, spill prevention and management, and other miscellaneous controls as described
in the following sections.
2.2 Erosion and Sediment controls
The objective of erosion control is to limit the amount of erosion occurring on disturbed areas
until stabilized. The objective of sediment control is to capture soil that has eroded before it
leaves the construction site. Despite the use of both erosion and sediment control measures, it
is recognized the some sediment could remain in runoff, especially during very large storm
events. The contractor shall utilize the best management practices (BMP’s) described in the
following sections to minimize the above potential to the maximum extent practicable.
During all phases of construction, the contractor should plan ahead of possible rainfall events
and work to limit erosion from occurring where potential exists. Where potential does exist
provide adequate conveyance, temporary or permanent, and direct runoff to BMP’s that trap
sediment. The erosion and sediment BMP’s anticipated for use on the site include both
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structural and non-structural practices.
2.2.1 Structural Practices
Structural BMPs are structures that limit erosion and sediment transport. Such
Practices include straw bales and wattle check dams, silt fence, inlet and outlet protection,
water quality ponds, and grading techniques. The structural BMP’s that will be utilized on the
subject site are described in more detail as follows
Gravel and Wattle Check Dams
Can be constructed of sandbags or wattles across a swale or channel
Used to slow the velocity of concentrated flow in a channel and reduce erosion
Used to catch sediment by capturing contaminated runoff
Most effective when used with other erosion prevention BMPs
Should not be used for basins exceeding 2-5 acres
Should be used in series with the base elevation of the upstream dam set at the
same elevation or lower than the downstream dam.
Silt Fence
A temporary vertical barrier attached to and supported by posts entrenched in the
ground
Utilized to intercept sediment from disturbed areas during construction
For use in areas of shallow flow, not concentrated runoff
Typically used at the toe of fills and in transitions between cuts and fills and
along streams
Usually used as a perimeter control.
Installed prior to any land disturbing activity
Shall be inspected periodically and after each rain or snowmelt event
Not effective as a wind break.
Inlet Protection
A barrier across or around a storm drain inlet
Utilized to filter sediment-laden runoff and prevent it from entering storm drain
systems
Not to be utilized as a primary sediment trapping device, but as a secondary
control
Do not use where ponded water will create dangerous driving conditions
Blocking of the inlet shall not be water tight
Outlet protection
A structurally lined apron (generally rip rap, concrete, or both) placed at the outlet
of pipes or channel sections
Used to dissipate energy and prevent erosion by reducing velocity
Shall be installed immediately after construction of the conveyance element is
complete
Utilized as a permanent feature
Water Quality Ponds
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A small temporary or permanent ponding area with a hard lined spillway
Utilized to detain sediment laden storm water and allow particles to settle out
Should be installed prior to other land disturbing activities upstream
Best used with other erosion prevention practices to limit sediment load in pond
During construction, sediment shall be removed when the wet storage is reduced
by half
Full capacity of ponds shall be re-established following stabilization
Grading Techniques
Soil surface roughening, terracing and rounding at tops of cuts, transitions and
roadway ditches to facilitate vegetation and minimize erosion
Disk surface to create ridges at least 6 inches deep following the land contour
Used to temporarily stabilize disturbed areas immediately after grading
After rain storm events, rills that formed should be repaired immediately
2.2.2 Non-Structural Practices
Non-structural BMPs are both temporary and permanent stabilization practices. Such practices
may include temporary seeding, permanent seeding, mulching, geotextiles, sod stabilization,
maintaining existing vegetation. The non-structural BMPs that will be used on the site include
the following:
Temporary and Permanent Seeding
Soil preparation, disking, and soil amendment may be necessary for proper seed
bed establishment.
Seeded areas should be inspected regularly. Areas that fail to establish shall be
re-seeded promptly.
Any area exposed for more than 30 days after construction has ceased shall be
seeded or mulched
Permanent landscape cover shall be installed according to the landscape plan
Mulching
Application of plant residues to the soil surface. Typical mulching materials
include certified weed free hay or straw, certified under the Colorado Department
of Agriculture Weed Free Forage Certification Program.
Utilized in combination with tackifier during high winds, steep slopes, or due to
seasonal constraints.
Used to cover permanent and temporarily seeded areas.
Inspect frequently and reapply in areas where mulching has loosened or
removed.
Maintain Existing Vegetation
Preserve wherever possible to prevent erosion and buffer movement of
sediment.
Establish buffers
Inspect frequently and apply BMPs when beginning to show signs of erosion
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Geotextiles:
A special liner that prevents erosion while vegetation is established and aids in
establishment by preserving moisture available to the seed
The blankets need to cover the necessary area of the graded slope and bottom
channel.
The blanket will be installed according to the manufacturer’s instructions and
specifications. The number of staples or fasteners is critical while vegetation is
still germinating
The erosion control blankets will be installed once the slopes of the vegetated
swales have reached final grade or on areas where erosion is occurring during
construction.
The erosion control blanket will be inspected weekly and immediately after storm
events to determine if cracks, tears, or breaches have been formed in the fabric.
If so the blanket will be repaired or replaced immediately.
Good contact with the soil will be maintained and erosion will not occur under the
blanket. Any areas where he blanket is not in close contact with the ground will
be repaired or replaced.
Utilized as both temporary and permanent feature depending on grade.
2.2.3 Other Controls
Vehicle Tracking Control/ Construction Entrance
A temporary stabilized layer of aggregate underlined with geotextile or gravel
located where traffic enters or exits the construction site
Should be installed prior to any construction and inspected daily
Does not work well alone in muddy conditions – use tire washing when mud is
present. Implementation of tire washing should include provisions for collecting
wash water and directing it to a treatment pond
Whenever possible locate the construction entrance as far from the disturbed
area as possible to allow maximum travel time for sediment removal from tires.
Public and Private roadways shall be kept clear of accumulated sediment.
Cleaning sediment shall not be accomplished by flushing with water. Sediment
should be shoveled or swept from the street and placed away from storm water
improvements.
Consider limiting vehicles from entering the site when conditions are wet or
muddy.
Control Practices for Wind Erosion
Dust from the site will be controlled using a mobile pressure-type distributor truck
to apply portable water to disturbed areas. The mobile unit will apply water only
as necessary to prevent runoff and ponding.
Dust control will be implemented as needed once site grading has been initiated
and during windy conditions while site grading is occurring.
Spraying of portable water will be performed whenever the dryness of the soil
warrants it.
At least one mobile unit will be available at all time to distribute portable water to
control dust on the project area.
During high winds limit traffic speeds to 12 mph or less on areas without gravel or
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pavement.
Gravel can be placed on construction roads, entrances, and construction staging
areas. Stone/gravel provides an effective protective cover over the soil.
In areas where wind erosion is expected soil-binding tackifiers can be applied
with high success.
2.3 Materials Management
2.3.1 Potential Pollution Sources
Abnormal or especially hazardous materials are not expected to be utilized during the
construction of the project, but like most construction projects, some materials or substances
used have the potential to be hazardous when leaked into the storm water runoff. The following
materials are expected to be present onsite during construction:
Concrete/Additives/Wastes Cleaning Solvents
Detergents Petroleum based products
Paints/Solvents Pesticides
Acids Fertilizers
Construction Wastes Sanitary wastes
Soil Stabilization additives
Activities on the site that may impact storm water include the following:
Equipment storage/Washing/Fueling
Storage of Fertilizers/Chemicals/Paint/Fuel
Waste storage/disposal
Concrete truck washout and tool washing
Sanitary facility use and disposal
As construction progresses, specific areas shall be designated for the above mentioned
activities and materials management operations. The contractor is responsible to marking the
location of these facilities on the site map and reporting on the condition, effectiveness and
corrections or changes made and why.
Note: onsite asphalt or concrete batch plants require a separate permit from the State. Onsite
batch plants are not anticipated in this report.
2.3.2 Pollution Prevention Measures
Pollution prevention measures should be utilized to prevent construction materials with the
potential for polluting storm water from coming in contact with runoff. Measures include good
housekeeping, proper disposal and storage, spill prevention, and secondary containment.
BMPs for most common construction materials and wastes with the greatest potential for
adversely affecting water quality are as follows:
BMPs for Construction Waste:
Select a designated waste collection area onsite
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Locate containers in level areas away from storm water conveyance structures
Provide covers for containers that contain very hazardous or soluble chemicals
Avoid putting paint/solvent containers in open dumpsters or allow them to dry
completely before disposing
If a container does spill, provide clean up immediately
Make sure waste is disposed of at authorized disposal areas
BMPs for Hazardous Waste Disposal
Check with local waste management authorities with regard to requirements for
disposing of hazardous materials
Use entire product before disposing
Dispose of containers with lids on and tightly sealed
Provide a separate dumpster for large amounts of chemical or hazardous
material and maintain more stringent controls on that dumpster
Do not remove the product label from containers, it contains important disposal
information
BMPs for residual concrete disposal
Emptying or washing of excess concrete may be allowed on site. Excess
concrete and wash water should be placed in a designated wash out area that
avoids contact with storm water.
Wash out areas should be clearly marked with signs and marked on the site map
The hardened residue from the wash out area can be disposed of like other non-
hazardous construction waste or may be broke up and used as deemed
appropriate by the contractor.
BMPs for Sanitary/Septic Wastes
If self-contained, temporary sanitary facilities are used, the waste disposal
company should service the facilities based on the number of workers anticipated
to avoid over use.
All facilities should be anchored to the ground to prevent overturning due to wind
or accident
Locate portable toilets away from curbs, swales or other locations where
concentrated runoff may occur.
Do not dump any hazardous materials into the sanitary waste disposal systems.
BMPs for pesticides/fertilizers
Store pesticides in a dry covered area and elevate above the ground
Provide secondary containment barriers around areas where a lot of material is
stored. Straw Wattles are NOT appropriate containment barriers!
Strictly follow recommended application rates and application methods
Apply fertilizer more frequently and at lower rates.
Reduce exposure of nutrients to storm events by working fertilizer deep into soil
BMPs for petroleum products
Fueling operations shall occur in a designated area.
Store petroleum products in covered areas and away from areas where
concentrated runoff occurs.
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Provide secondary containment barriers around areas where a lot of material is
stored. Straw Wattles are NOT appropriate containment barriers!
Schedule preventative maintenance for onsite equipment and fix any gas/oil
leaks on a regular basis
Follow procedures for proper handling of asphalt and sealers
Secure fueling equipment and install valves to prevent vandalism/theft
2.4 Spill Management
Construction site supervisors should create and adopt a spill control plan that includes
measures and procedures to stop the source of the spill, contain the spill, clean up, and dispose
of contaminated materials. Key personnel should be identified and trained to be responsible for
spill prevention and control. The following measures would be appropriate for a spill prevention
response plan:
Store and handle materials to prevent spills
Tightly seal containers
Make sure all containers are neatly labeled
Stack containers carefully for stability to avoid spills.
Limit the height of stacks of stored materials
Whenever possible store materials on covered pallets or in trailers with adequate
ventilation
Eliminate storm water contact if there is a spill
Have cleanup procedures clearly posted
Have cleanup materials readily available and posted
Immediately contain any liquid
Stop the source of the spill
Cover spill with absorbent material and dispose of properly
Additionally, records of spills, leaks, or overflows that result in the discharge of pollutants must
be documented and maintained.
When any spill occurs:
1) Notify the controlling operator of the site immediately following a hazardous spill.
2) Document the spill and its clean-up procedures whether reporting is required or not.
3) At a minimum document the following:
Nature of spill
Quantity of spill
Date/time spill occurred
Agency notification if necessary
Clean-up procedures used
Daily monitoring (7 days) after clean-up
Photographs
Interview(s) with any witnesses of the event
Some spills will need to be reported to the Division of Water Quality immediately including the
following:
Over 25 gallons of petroleum
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5 CCs of mercury
a release of any chemical, oil, petroleum product which entered waters of the State of
Colorado (which include surface water, groundwater, dry gullies or storm sewers leading
to surface water).
Any spill or release of raw sewage
If any of the above criteria is met or exceeded, the Colorado Department of Public Health and
Environment, Local Emergency Planning committee, downstream users and other agencies
(MS4s) will be notified. The CDPHE will be notified by telephone within 24 hours. In addition,
written notification describing the spill and the clean up procedures used will be sent to the
agencies 5 days following the spill. If a spill does not meet the above criteria, reporting is not
mandatory.
See Appendix D for the Divisions requirements. The Divisions 24-hour environmental
emergency spill reporting line is 1-877-518-5608.
2.4 Non-Storm Water Components of Discharge
Non-storm water discharges must be avoided or reduced to the maximum extent possible. This
SWMP plan does not include construction dewatering. Pumping or draining groundwater, even
groundwater that has infiltrated an excavation, requires a separate permit from the State. Storm
water that mixes with groundwater is also subject to the controls in the general permit for
Construction Dewatering. The permit requirements and application for Construction dewatering
is available at: http://www.cdphe.state.co.us/wq/PermitsUnit/construction.html.
No materials shall be discharged in quantities that may impact storm water runoff. Possible
discharge sources that need to be contained include:
Locations where water tanks are being filled. Seal all leaks and avoid over filling. Any
leaks should be directed to a water quality pond or protected to prevent erosion.
Contain excess water during fire hydrant blow off, water system cleaning or other
instances where potable water is discharged onto the surface. Convey any discharge to
a water quality pond and avoid causing erosion by avoiding steep slopes, disturbed
areas, etc.
Monitor irrigation systems and fix leaks promptly. Avoid over irrigating areas where
vegetation is not yet established.
3.0 Inspection and Maintenance
3.1 Inspection and Maintenance Overview
A site inspection of all erosion control facilities shall be conducted at least once every two
weeks and immediately following any significant storm event, including snowmelt that can cause
surface erosion and at least every 30 days for inactive projects. The inspection must determine
if there is any evidence of, or the potential for, pollutants entering the drainage system. BMPs
should be inspected to see if they meet the design and operation criteria in the SWMP and that
they are adequately controlling potential pollutants. Any defects shall be corrected promptly.
Where spill kits have been used, or storage areas moved, supplies shall be restocked and re-
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protected. The site shall be inspected by the SWMP administrator or someone with adequate
training who should monitor and follow the procedures outlined below:
3.2 Minimum Monitoring and Requirements
Inspections of the site shall be conducted by the contractor (or agent) every two weeks
and after significant storm events.
Inspections are required at least every 30 days and after measurable storm events for
sites that are no longer under construction, but do not have 70% established ground
cover.
A qualified superintendent familiar with this SWMP and BMPs shall perform the
inspections.
The contractor shall certify that the site is in compliance with the permit by:
Ensuring areas where significant runoff is occurring are identified on the site map
Storm water outfall shall be observed to determine whether or not measurable quantities
of sediment or other pollutants have been or are being transported offsite.
BMPs shall be addressed to determine if they are functioning properly or if they are in
need of repair or maintenance. If the report describes deficiencies in pollution control
structures or procedures, such deficiencies shall be corrected immediately
A brief description of measures taken to correct deficiencies shall be recorded.
Determine if additional controls will be needed to next week’s activities.
When an inspection does not identify any incidents of non-compliance, the report shall
contain a certification that the site is in compliance with the SWMP and this permit.
The date and inspector identity shall also be recorded. This record shall be signed made
available to the State or City upon request.
Based on the results of the inspection, the description of potential pollutant sources, and
the control measures used should be updated on the SWMP and Site Maps as soon as
possible. Typically corrective action shall commence immediately when a deficiency is
observed. SWMP and Map updates shall be completed within 72 hours. Another
inspection should follow up and include the date, corrective action taken, and initials of
who certified the work.
3.3 Reporting Requirements/ Inspection Reports
The Contractor is responsible for reporting of all BMP inspections and maintaining
records of reports and maps throughout the project. The record shall be retained onsite
and/or readily available until the inactivation notice has been filed. All inspection reports
shall be submitted to the owner when the permit becomes inactive. A
recommended/example inspection for is included in Appendix E. At a minimum, the
inspection reports shall contain the following:
Dates
Name(s) of inspectors
Purpose of inspection e.g. spill event, leakage of materials, storm event, bi-
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weekly inspection, etc.
When a bi-weekly report, an assessment of the entire property as related to
SWMP issues
An estimated area of currently disturbed area.
Evaluation of all active BMPs
Actions needed to assure continued compliance with SWMP guidelines
Document all areas of potential pollution sources and how they are protected
Documentation of any needed changes
Training events
Uncontrolled releases of mud or muddy water or measureable amounts of
sediment
An estimated amount of precipitation. An onsite rain gauge is suggested.
3.4 Site Maps
In the back pocket of this report notebook there are three drawings for use during
construction. The purpose of the maps is to provide the contractor a place to document
and plan BMP’s used during construction. Because the placement of individual BMP’s
will depend on the condition of the site and the contractor’s judgment, not all BMP’s are
shown on the plans. It is the contractor’s duty as site administrator to determine the
need for and placement of BMPs and mark them on the maps. The maps are provided
in 3 phases. The first map is intended to be used during mass grading and deep utility
installation and shows only those improvements. The second map shows the buildings
and other site improvements and is intended to be used once the majority of utilities
have been installed. The third map provides a location to mark areas that have been
stabilized and are no longer within the area of disturbance.
4.0 Final Stabilization/ Conclusion
Permanent stabilization will be achieved by establishing vegetative or permanent surface cover on
all disturbed areas. The final vegetative cover will be specified on the landscape plan. Vegetative
cover is considered complete when 70 percent of the pre-disturbance plant density is restored. In
cases where the site was already disturbed, a plowed farm field for example, the pre-disturbance
density will be the naturally occurring cover on non-plowed areas.
The General Contractor shall remove all temporary erosion and sediment control BMPs after
stabilization is achieved or after temporary BMPs are no longer needed. Trapped sediment will be
removed by the General Contractor or stabilized onsite. Disturbed soil areas resulting from removal
of BMPs or the General Contractor will permanently stabilize vegetation as soon as possible.
Again this plan is a living document that will need to be updated and maintained throughout
the construction process and until all areas of the site have been stabilized. This permit will
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remain active until an inactivation notice has been filed with the State. Additionally, this permit may
be transferred to another party in the event that the contractor or sub-contractor responsible for its
implementation leaves the site before stabilization has occured. The Inactivation Notice and
Reassignment Notices are included in Appendix F.
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5.0 References
1. CDOT Erosion Control and Storm water Quality Guide, Colorado Department of
Transportation, 2002
2. Urban Storm Drainage Criteria Manual, Urban Drainage and Flood Control District (Rev. July,
2001)
3. Storm Water Risk Management, LLC; April 11, 2008; Pre-Construction & Engineering
Training for Construction Storm water Management Manual.
4. Construction Site Storm Water Runoff Control – National Menu of best practices, U.S.
Environmental Protection Agency, 1999
APPENDIX A
CDPHE General Permit for Discharges from Construction Activity
Page 2 of 22
Permit No. COR-030000
CDPS GENERAL PERMIT
STORMWATER DISCHARGES ASSOCIATED WITH
CONSTRUCTION ACTIVITY
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"),
this permit authorizes the discharge of stormwater associated with construction activities (and specific
allowable non-stormwater discharges in accordance with Part I.D.3 of the permit) certified under this permit,
from those locations specified throughout the State of Colorado to specified waters of the State. Such
discharges shall be in accordance with the conditions of this permit.
This permit specifically authorizes the facility listed on the certification page (page 1) of this permit to
discharge, as of this date, in accordance with permit requirements and conditions set forth in Parts I and II
hereof. All discharges authorized herein shall be consistent with the terms and conditions of this permit.
This permit and the authorization to discharge shall expire at midnight, June 30, 2012.
Issued and Signed this 31
st
day of May, 2007
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Janet S. Kieler
Permits Section Manager
Water Quality Control Division
SIGNED AND ISSUED MAY 31, 2007
EFFECTIVE JULY 1, 2007
TABLE OF CONTENTS
PART I
A. COVERAGE UNDER THIS PERMIT........................................................................................................................................ 3
1. Authority to Discharge ............................................................................................................................................. 3
a) Applicable Sections ................................................................................................................................. 3
b) Oil and Gas Construction ........................................................................................................................ 3
2. Definitions ................................................................................................................................................................ 3
3. Permit Coverage Without Application – Qualifying Local Programs ...................................................................... 3
a) Applicable Sections ................................................................................................................................. 3
b) Local Agency Authority.......................................................................................................................... 4
c) Permit Coverage Termination.................................................................................................................. 4
d) Compliance with Qualifying Local Program........................................................................................... 4
e) Full Permit Applicability......................................................................................................................... 4
4. Application, Due Dates............................................................................................................................................. 4
a) Application Due Dates............................................................................................................................. 4
b) Summary of Application ......................................................................................................................... 4
5. Permit Certification Procedures................................................................................................................................ 4
a) Request for Additional Information......................................................................................................... 4
b) Automatic Coverage................................................................................................................................ 5
c) Individual Permit Required ..................................................................................................................... 5
d) General vs. Individual Permit Coverage.................................................................................................. 5
e) Local Agency Authority.......................................................................................................................... 5
6. Inactivation Notice.................................................................................................................................................... 5
7. Transfer of Permit...................................................................................................................................................... 5
8. Reassignment of Permit............................................................................................................................................ 5
9. Sale of Residence to Homeowners ........................................................................................................................... 6
10. Permit Expiration Date ............................................................................................................................................. 6
11. Individual Permit Criteria ......................................................................................................................................... 6
B. STORMWATER MANAGEMENT PLAN – GENERAL REQUIREMENTS............................................................................ 6
C. STORMWATER MANAGEMENT PLAN – CONTENTS......................................................................................................... 7
1. Site Description ........................................................................................................................................................ 7
2. Site Map.................................................................................................................................................................... 7
3. Stormwater Management Controls ........................................................................................................................... 8
a) SWMP Administrator............................................................................................................................... 8
b) Identification of Potential Pollutant Sources ............................................................................................ 8
c) Best Management Practices (BMPs) for Stormwater Pollution Prevention. ........................................... 8
4. Final Stabilization and Long-term Stormwater Management .................................................................................... 9
5. Inspection and Maintenance ................................................................................................................................... 10
D. TERMS AND CONDITIONS ................................................................................................................................................... 10
1. General Limitations ................................................................................................................................................ 10
2. BMP Implementation and Design Standards.......................................................................................................... 10
3. Prohibition of Non-Stormwater Discharges............................................................................................................ 11
4. Releases in Excess of Reportable Quantities .......................................................................................................... 11
5. SWMP Requirements ............................................................................................................................................. 11
a) SWMP Preparation and Implementation ............................................................................................... 11
b) SWMP Retention Requirements............................................................................................................ 11
c) SWMP Review/Changes ....................................................................................................................... 11
d) Responsive SWMP Changes ................................................................................................................. 12
6. Inspections............................................................................................................................................................... 12
a) Minimum Inspection Schedule............................................................................................................... 12
b) Inspection Requirements ........................................................................................................................ 13
c) Required Actions Following Site Inspections ........................................................................................ 13
7. BMP Maintenance .................................................................................................................................................. 13
8. Replacement and Failed BMPs................................................................................................................................ 14
9. Reporting ................................................................................................................................................................. 14
-2a-
TABLE OF CONTENTS (cont.)
10. SWMP Availability ................................................................................................................................................. 14
11. Total Maximum Daily Load (TMDL) ..................................................................................................................... 14
E. ADDITIONAL DEFINITIONS.................................................................................................................................................. 15
F. GENERAL REQUIREMENTS .................................................................................................................................................. 16
1. Signatory Requirements........................................................................................................................................... 16
2. Retention of Records ............................................................................................................................................... 16
3. Monitoring............................................................................................................................................................... 16
PART II
A. MANAGEMENT REQUIREMENTS ........................................................................................................................................ 17
1. Amending a Permit Certification............................................................................................................................. 17
2. Special Notifications - Definitions .......................................................................................................................... 17
3. Noncompliance Notification.................................................................................................................................... 17
4. Submission of Incorrect or Incomplete Information................................................................................................ 18
5. Bypass...................................................................................................................................................................... 18
6. Upsets ..................................................................................................................................................................... 18
7. Removed Substances ............................................................................................................................................... 18
8. Minimization of Adverse Impact............................................................................................................................. 18
9. Reduction, Loss, or Failure of Stormwater Controls ............................................................................................... 19
10. Proper Operation and Maintenance ......................................................................................................................... 19
B. RESPONSIBILITIES..................................................................................................................................................................
19
1. Inspections and Right to Entry................................................................................................................................. 19
2. Duty to Provide Information.................................................................................................................................... 19
3. Transfer of Ownership or Control ........................................................................................................................... 19
4. Modification, Suspension, or Revocation of Permit By Division............................................................................ 20
5. Permit Violations..................................................................................................................................................... 21
6. Legal Responsibilities.............................................................................................................................................. 21
7. Severability.............................................................................................................................................................. 21
8. Renewal Application ............................................................................................................................................... 21
9. Confidentiality......................................................................................................................................................... 21
10. Fees.......................................................................................................................................................................... 21
11. Requiring an Individual CDPS Permit..................................................................................................................... 22
-2b-
PART I
Permit - Page 3
Permit No. COR-030000
PART I
A. COVERAGE UNDER THIS PERMIT
1. Authority to Discharge
Under this permit, facilities are granted authorization to discharge stormwater associated with construction activities into
waters of the state of Colorado. This permit also authorizes the discharge of specific allowable non-stormwater discharges,
in accordance with Part I.D.3 of the permit, which includes discharges to the ground. This includes stormwater discharges
from areas that are dedicated to producing earthen materials, such as soils, sand and gravel, for use at a single construction
site (i.e., borrow or fill areas). This permit also authorizes stormwater discharges from dedicated asphalt batch plants and
dedicated concrete batch plants. (Coverage under the construction site permit is not required for batch plants if they have
alternate CDPS permit coverage.) This permit does not authorize the discharge of mine water or process water from such
areas.
a) Applicable Sections: In accordance with Part I.A.3 of this permit, some parts of this permit do not apply to sites
covered under a Qualifying Local Program, as defined in I.A.2.d. For sites not covered by a Qualifying Local
Program, all parts of the permit apply except Part I.A.3. The permittee will be responsible for determining and then
complying with the applicable sections.
b) Oil and Gas Construction: Stormwater discharges associated with construction activities directly related to oil and
gas exploration, production, processing, and treatment operations or transmission facilities are regulated under the
Colorado Discharge Permit System Regulations (5CCR 1002-61), and require coverage under this permit in
accordance with that regulation. However, references in this permit to specific authority under the Federal Clean
Water Act (CWA) do not apply to stormwater discharges associated with these oil and gas related construction
activities, to the extent that the references are limited by the federal Energy Policy Act of 2005.
2. Definitions
a) Stormwater: Stormwater is precipitation-induced surface runoff.
b) Construction activity: Construction activity refers to ground surface disturbing activities, which include, but are
not limited to, clearing, grading, excavation, demolition, installation of new or improved haul roads and access
roads, staging areas, stockpiling of fill materials, and borrow areas. Construction does not include routine
maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility.
c) Small construction activity: Stormwater discharge associated with small construction activity means the discharge
of stormwater from construction activities that result in land disturbance of equal to or greater than one acre and less
than five acres. Small construction activity also includes the disturbance of less than one acre of total land area that
is part of a larger common plan of development or sale, if the larger common plan will ultimately disturb equal to or
greater than one and less than five acres.
d) Qualifying Local Program: This permit includes conditions that incorporate qualifying local erosion and sediment
control program (Qualifying Local Program) requirements by reference. A Qualifying Local Program is a municipal
stormwater program for stormwater discharges associated with small construction activity that has been formally
approved by the Division.
Other Definitions: Definitions of additional terms can be found in Part I.E. of this permit.
3. Permit Coverage Without Application – for small construction activities under a Qualifying Local Program only
If a small construction site is within the jurisdiction of a Qualifying Local Program, the operator of the construction
activity is authorized to discharge stormwater associated with small construction activity under this general permit without
the submittal of an application to the Division.
a) Applicable Sections: For sites covered by a Qualifying Local Program, only Parts 1.A.1, 1.A.2, 1.A.3, I.D.1, I.D.2,
I.D.3, I.D.4, I.D.7, I.D.8, I.D.11, I.E and Part II of this permit, with the exception of Parts II.A.1, II.B.3, II.B.8, and
II.B10, apply.
PART I
Permit - Page 4
Permit No. COR-030000
A. COVERAGE UNDER THIS PERMIT (cont.)
b) Local Agency Authority: This permit does not pre-empt or supersede the authority of local agencies to prohibit,
restrict, or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction.
c) Permit Coverage Termination: When a site under a Qualifying Local Program has been finally stabilized,
coverage under this permit is automatically terminated.
d) Compliance with Qualifying Local Program: A construction site operator that has authorization to discharge
under this permit under Part I.A.3 shall comply with the requirements of the Qualifying Local Program with
jurisdiction over the site.
e) Full Permit Applicability: The Division may require any operator within the jurisdiction of a Qualifying Local
Program covered under this permit to apply for and obtain coverage under the full requirements of this permit. The
operator must be notified in writing that an application for full coverage is required. When a permit certification
under this permit is issued to an operator that would otherwise be covered under Part I.A.3 of this permit, the full
requirements of this permit replace the requirements as per Part I.A.3 of this permit, upon the effective date of the
permit certification. A site brought under the full requirements of this permit must still comply with local
stormwater management requirements, policies or guidelines as required by Part I.D.1.g of this permit.
4. Application, Due Dates
a) Application Due Dates: At least ten calendar days prior to the commencement of construction activities, the
applicant shall submit an application form as provided by the Division, with a certification that the Stormwater
Management Plan (SWMP) is complete.
One original completed discharge permit application shall be submitted, by mail or hand delivery, to:
Colorado Department of Public Health and Environment
Water Quality Control Division
WQCD-Permits-B2
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
b) Summary of Application: The application requires, at a minimum, the following:
1) The applicant’s company name; address; telephone number; and email address (if available); whether the
applicant is the owner, developer, or contractor; and local contact information;
2) Project name, address, county and location of the construction site, including the latitude and longitude to the
nearest 15 seconds of the approximate center of the construction activity;
3) Legal description or map of the construction site;
4) Estimates of: the total area of the site, the area of the site that is expected to be disturbed, and the total area of
the larger common plan of development or sale to undergo disturbance;
5) The nature of the construction activity;
6) The anticipated start date and final stabilization date for the project;
7) The name of the receiving water(s), or the municipal separate storm sewer system and the ultimate (i.e., named)
receiving water(s);
8) Certification that the SWMP for the construction site is complete (see Part I.C. below); and
9) The signature of the applicant, signed in accordance with Part I.F.1 of this permit.
5. Permit Certification Procedures
If this general permit is appropriate for the applicant's operation, then a certification will be developed and the applicant
will be authorized to discharge stormwater under this general permit.
a) Request for Additional Information: The Division shall have up to ten calendar days after receipt of the above
information to request additional data and/or deny the authorization for any particular discharge. Upon receipt of
additional information, the Division shall have an additional ten calendar days to issue or deny authorization for
the particular discharge. (Notification of denial shall be by letter, in cases where coverage under an alternate general
permit or an individual permit is required, instead of coverage under this permit.)
PART I
Permit - Page 5
Permit No. COR-030000
A. COVERAGE UNDER THIS PERMIT (cont.)
b) Automatic Coverage: If the applicant does not receive a request for additional information or a notification of
denial from the Division dated within ten calendar days of receipt of the application by the Division, authorization to
discharge in accordance with the conditions of this permit shall be deemed granted.
c) Individual Permit Required: If, after evaluation of the application (or additional information, such as the SWMP),
it is found that this general permit is not appropriate for the operation, then the application will be processed as one
for an individual permit. The applicant will be notified of the Division's decision to deny certification under this
general permit. For an individual permit, additional information may be requested, and 180 days may be required to
process the application and issue the permit. At the Division’s discretion, temporary coverage under this general
permit may be allowed until the individual permit goes into effect.
d) General vs. Individual Permit Coverage: Any permittee authorized by this permit may request to be excluded
from the coverage of this permit by applying for an individual CDPS permit. The permittee shall submit an
individual application, with reasons supporting the request, to the Division at least 180 days prior to any discharge.
e) Local Agency Authority: This permit does not pre-empt or supersede the authority of local agencies to prohibit,
restrict, or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction.
6. Inactivation Notice
When a site has been finally stabilized in accordance with the SWMP, the permittee must submit an Inactivation Notice
form that is signed in accordance with Part I.F.1. of this permit. The Inactivation Notice form is available from the
Division and includes:
a) Permit certification number;
b) The permittee's name, address, telephone number;
c) Name, location, and county for the construction site for which the inactivation notice is being submitted; and
d) Certification that the site has been finally stabilized, and a description of the final stabilization method(s).
7. Transfer of Permit
When responsibility for stormwater discharges at a construction site changes from one entity to another, the permittee shall
submit a completed Notice of Transfer and Acceptance of Terms form that is signed in accordance with Part I.F.1. of
this permit. The Notice of Transfer form is available from the Division and includes:
a) Permit certification number;
b) Name, location, and county for the construction site for which the Notice of Transfer is being submitted;
c) Identifying information for the new permittee;
d) Identifying information for the current permittee; and
e) Effective date of transfer.
If the new responsible party will not complete the transfer form, the permit may be inactivated upon written request to the
Division and completion of the Inactivation Notice if the permittee has no legal responsibility, through ownership or
contract, for the construction activities at the site. In this case, the new owner or operator would be required to obtain
permit coverage separately.
8. Reassignment of Permit
When a permittee no longer has control of a specific portion of a permitted site, and wishes to transfer coverage of that
portion of the site to a second party, the permittee shall submit a completed Notice of Reassignment of Permit Coverage
form that is signed in accordance with Part I.F.1. of this permit. The Notice of Reassignment of Permit Coverage form is
available from the Division and includes:
a) Current permit certification number;
b) Identifying information and certification as required by Part I.A.4.b for the new permittee;
c) Identifying information for the current permittee, revised site information and certification for reassignment; and
d) Effective date of reassignment.
PART I
Permit - Page 6
Permit No. COR-030000
A. COVERAGE UNDER THIS PERMIT (cont.)
If the new responsible party will not complete the reassignment form, the applicable portion of the permitted site may be
removed from permit coverage upon written request to the Division if the permittee has no legal responsibility, through
ownership or contract, for the construction activities at the portion of the site. In this case, the new owner or operator
would be required to obtain permit coverage separately.
9. Sale of Residence to Homeowners
For residential construction only, when a residential lot has been conveyed to a homeowner and all criteria in paragraphs
a through e, below, are met, coverage under this permit is no longer required and the conveyed lot may be removed from
coverage under the permittee’s certification. At such time, the permittee is no longer responsible for meeting the terms and
conditions of this permit for the conveyed lot, including the requirement to transfer or reassign permit coverage. The
permittee remains responsible for inactivation of the original certification.
a) The lot has been sold to the homeowner(s) for private residential use;
b) the lot is less than one acre of disturbed area;
c) all construction activity conducted by the permittee on the lot is completed;
d) a certificate of occupancy (or equivalent) has been awarded to the home owner; and
e) the SWMP has been amended to indicate the lot is no longer covered by permit.
Lots not meeting all of the above criteria require continued permit coverage. However, this permit coverage may be
transferred (Part I.A.7, above) or reassigned (Part I.A.8, above) to a new owner or operator.
10. Permit Expiration Date
Authorization to discharge under this general permit shall expire on June 30, 2012. The Division must evaluate and
reissue this general permit at least once every five years and must recertify the permittee's authority to discharge under the
general permit at such time. Therefore, a permittee desiring continued coverage under the general permit must reapply by
March 31, 2012. The Division will initiate the renewal process; however, it is ultimately the permittee’s responsibility to
ensure that the renewal is submitted. The Division will determine if the permittee may continue to operate under the terms
of the general permit. An individual permit may be required for any facility not reauthorized to discharge under the
reissued general permit.
11. Individual Permit Criteria
Various criteria can be used in evaluating whether or not an individual (or alternate general) permit is required instead of
this general permit. This information may come from the application, SWMP, or additional information as requested by
the Division, and includes, but is not limited to, the following:
a) the quality of the receiving waters (i.e., the presence of downstream drinking water intakes or a high quality fishery,
or for preservation of high quality water);
b) the size of the construction site;
c) evidence of noncompliance under a previous permit for the operation;
d) the use of chemicals within the stormwater system; or
e) discharges of pollutants of concern to waters for which there is an established Total Maximum Daily Load (TMDL).
In addition, an individual permit may be required when the Division has shown or has reason to suspect that the
stormwater discharge may contribute to a violation of a water quality standard.
B. STORMWATER MANAGEMENT PLAN (SWMP) – GENERAL REQUIREMENTS
1. A SWMP shall be developed for each facility covered by this permit. The SWMP shall be prepared in accordance with
good engineering, hydrologic and pollution control practices. (The SWMP need not be prepared by a registered engineer.)
PART I
Permit - Page 7
Permit No. COR-030000
B. STORMWATER MANAGEMENT PLAN (SWMP) – GENERAL REQUIREMENTS (cont.)
2. The SWMP shall:
a) Identify all potential sources of pollution which may reasonably be expected to affect the quality of stormwater
discharges associated with construction activity from the facility;
b) Describe the practices to be used to reduce the pollutants in stormwater discharges associated with construction
activity at the facility; and ensure the practices are selected and described in accordance with good engineering
practices, including the installation, implementation and maintenance requirements; and
c) Be properly prepared, and updated in accordance with Part I.D.5.c, to ensure compliance with the terms and
conditions of this permit.
3. Facilities must implement the provisions of the SWMP as written and updated, from commencement of construction activity
until final stabilization is complete, as a condition of this permit. The Division reserves the right to review the SWMP, and
to require the permittee to develop and implement additional measures to prevent and control pollution as needed.
4. The SWMP 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 separate CDPS permit, and may
incorporate any part of such plans into the SWMP by reference, provided that the relevant sections of such plans are
available as part of the SWMP consistent with Part I.D.5.b.
5. For any sites with permit coverage before June 30, 2007, the permittee’s SMWP must meet the new SWMP requirements as
summarized in Section II.I of the rationale. Any needed changes must be made by October 1, 2007.
C. STORMWATER MANAGEMENT PLAN (SWMP) – CONTENTS
The SWMP shall include the following items, at a minimum.
1. Site Description. The SWMP shall clearly describe the construction activity, to include:
a) The nature of the construction activity at the site.
b) The proposed sequence for major activities.
c) Estimates of the total area of the site, and the area and location expected to be disturbed by clearing, excavation,
grading, or other construction activities.
d) A summary of any existing data used in the development of the site construction plans or SWMP that describe the
soil or existing potential for soil erosion.
e) A description of the existing vegetation at the site and an estimate of the percent vegetative ground cover.
f) The location and description of all potential pollution sources, including ground surface disturbing activities (see
Part I.A.2.b), vehicle fueling, storage of fertilizers or chemicals, etc.
g) The location and description of any anticipated allowable sources of non-stormwater discharge at the site, e.g.,
uncontaminated springs, landscape irrigation return flow, construction dewatering, and concrete washout.
h) The name of the receiving water(s) and the size, type and location of any outfall(s). If the stormwater discharge is to
a municipal separate storm sewer system, the name of that system, the location of the storm sewer discharge, and the
ultimate receiving water(s).
2. Site Map. The SWMP shall include a legible site map(s), showing the entire site, identifying:
a) construction site boundaries;
b) all areas of ground surface disturbance;
c) areas of cut and fill;
d) areas used for storage of building materials, equipment, soil, or waste;
e) locations of dedicated asphalt or concrete batch plants;
f) locations of all structural BMPs;
g) locations of non-structural BMPs as applicable; and
h) locations of springs, streams, wetlands and other surface waters.
PART I
Permit - Page 8
Permit No. COR-030000
C. STORMWATER MANAGEMENT PLAN (SWMP) – CONTENTS (cont.)
3. Stormwater Management Controls.
The SWMP must include a description of all stormwater management controls that will be implemented as part of the
construction activity to control pollutants in stormwater discharges. The appropriateness and priorities of stormwater
management controls in the SWMP shall reflect the potential pollutant sources identified at the facility.
The description of stormwater management controls shall address the following components, at a minimum:
a) SWMP Administrator - The SWMP shall identify a specific individual(s), position or title who is responsible for
developing, implementing, maintaining, and revising the SWMP. The activities and responsibilities of the
administrator shall address all aspects of the facility’s SWMP.
b) Identification of Potential Pollutant Sources - All potential pollutant sources, including materials and activities, at
a site must be evaluated for the potential to contribute pollutants to stormwater discharges. The SWMP shall
identify and describe those sources determined to have the potential to contribute pollutants to stormwater
discharges, and the sources must be controlled through BMP selection and implementation, as required in paragraph
(c), below.
At a minimum, each of the following sources and activities shall be evaluated for the potential to contribute
pollutants to stormwater discharges, and identified in the SWMP if found to have such potential:
1) all disturbed and stored soils;
2) vehicle tracking of sediments;
3) management of contaminated soils;
4) loading and unloading operations;
5) outdoor storage activities (building materials, fertilizers, chemicals, etc.);
6) vehicle and equipment maintenance and fueling;
7) significant dust or particulate generating processes;
8) routine maintenance activities involving fertilizers, pesticides, detergents, fuels, solvents, oils, etc.;
9) on-site waste management practices (waste piles, liquid wastes, dumpsters, etc.);
10) concrete truck/equipment washing, including the concrete truck chute and associated fixtures and equipment;
11) dedicated asphalt and concrete batch plants;
12) non-industrial waste sources such as worker trash and portable toilets; and
13) other areas or procedures where potential spills can occur.
c) Best Management Practices (BMPs) for Stormwater Pollution Prevention - The SWMP shall identify and
describe appropriate BMPs, including, but not limited to, those required by paragraphs 1 through 8 below, that will
be implemented at the facility to reduce the potential of the sources identified in Part I.C.3.b to contribute pollutants
to stormwater discharges. The SWMP shall clearly describe the installation and implementation specifications for
each BMP identified in the SWMP to ensure proper implementation, operation and maintenance of the BMP.
1) Structural Practices for Erosion and Sediment Control. The SWMP shall clearly describe and locate all
structural practices implemented at the site to minimize erosion and sediment transport. Practices may include,
but are not limited to: straw bales, wattles/sediment control logs, silt fences, earth dikes, drainage swales,
sediment traps, subsurface drains, pipe slope drains, inlet protection, outlet protection, gabions, and temporary
or permanent sediment basins.
2) Non-Structural Practices for Erosion and Sediment Control. The SWMP shall clearly describe and locate, as
applicable, all non-structural practices implemented at the site to minimize erosion and sediment transport.
Description must include interim and permanent stabilization practices, and site-specific scheduling for
implementation of the practices. The SWMP should include practices to ensure that existing vegetation is
preserved where possible. Non-structural practices may include, but are not limited to: temporary vegetation,
permanent vegetation, mulching, geotextiles, sod stabilization, slope roughening, vegetative buffer strips,
protection of trees, and preservation of mature vegetation.
PART I
Permit - Page 9
Permit No. COR-030000
C. STORMWATER MANAGEMENT PLAN (SWMP) – CONTENTS (cont.)
3) Phased BMP Implementation. The SWMP shall clearly describe the relationship between the phases of
construction, and the implementation and maintenance of both structural and non-structural stormwater
management controls. The SWMP must identify the stormwater management controls to be implemented
during the project phases, which can include, but are not limited to, clearing and grubbing; road construction;
utility and infrastructure installation; vertical construction; final grading; and final stabilization.
4) Materials Handling and Spill Prevention. The SWMP shall clearly describe and locate all practices
implemented at the site to minimize impacts from procedures or significant materials (see definitions at Part
I.E.) that could contribute pollutants to runoff. Such procedures or significant materials could include: exposed
storage of building materials; paints and solvents; fertilizers or chemicals; waste material; and equipment
maintenance or fueling procedures.
Areas or procedures where potential spills can occur must have spill prevention and response procedures
identified in the SWMP.
5) Dedicated Concrete or Asphalt Batch Plants. The SWMP shall clearly describe and locate all practices
implemented at the site to control stormwater pollution from dedicated concrete batch plants or dedicated
asphalt batch plants covered by this certification.
6) Vehicle Tracking Control. The SWMP shall clearly describe and locate all practices implemented at the site to
control potential sediment discharges from vehicle tracking. Practices must be implemented for all areas of
potential vehicle tracking, and can include: minimizing site access; street sweeping or scraping; tracking pads;
graveled parking areas; requiring that vehicles stay on paved areas on-site; wash racks; contractor education;
and/or sediment control BMPs, etc.
7) Waste Management and Disposal, Including Concrete Washout.
i) The SWMP shall clearly describe and locate the practices implemented at the site to control stormwater
pollution from all construction site wastes (liquid and solid), including concrete washout activities.
ii) The practices used for concrete washout must ensure that these activities do not result in the contribution
of pollutants associated with the washing activity to stormwater runoff.
iii) Part I.D.3.c of the permit authorizes the conditional discharge of concrete washout water to the ground.
The SWMP shall clearly describe and locate the practices to be used that will ensure that no washout
water from concrete washout activities is discharged from the site as surface runoff or to surface waters.
8) Groundwater and Stormwater Dewatering.
i) The SWMP shall clearly describe and locate the practices implemented at the site to control stormwater
pollution from the dewatering of groundwater or stormwater from excavations, wells, etc.
ii) Part I.D.3.d of the permit authorizes the conditional discharge of construction dewatering to the ground.
For any construction dewatering of groundwater not authorized under a separate CDPS discharge permit,
the SWMP shall clearly describe and locate the practices to be used that will ensure that no groundwater
from construction dewatering is discharged from the site as surface runoff or to surface waters.
4. Final Stabilization and Long-term Stormwater Management
a) The SWMP shall clearly describe the practices used to achieve final stabilization of all disturbed areas at the site,
and any planned practices to control pollutants in stormwater discharges that will occur after construction operations
have been completed at the site.
b) Final stabilization practices for obtaining a vegetative cover should include, as appropriate: seed mix selection and
application methods; soil preparation and amendments; soil stabilization practices (e.g., crimped straw, hydro mulch
or rolled erosion control products); and appropriate sediment control BMPs as needed until final stabilization is
achieved; etc.
PART I
Permit - Page 10
Permit No. COR-030000
C. STORMWATER MANAGEMENT PLAN (SWMP) – CONTENTS (cont.)
c) Final stabilization is reached when all ground surface disturbing activities at the site have been completed, and
uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre-
disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed.
The Division may, after consultation with the permittee and upon good cause, amend the final stabilization criteria in this
section for specific operations.
5. Inspection and Maintenance
Part I.D.6 of the permit includes requirements for site inspections. Part I.D.7 of the permit includes requirements for BMP
maintenance. The SWMP shall clearly describe the inspection and maintenance procedures implemented at the site to
maintain all erosion and sediment control practices and other protective practices identified in the SWMP, in good and
effective operating condition.
D. TERMS AND CONDITIONS
1. General Limitations
The following limitations shall apply to all discharges covered by this permit:
a) Stormwater discharges from construction activities shall not cause, have the reasonable potential to cause, or
measurably contribute to an exceedance of any water quality standard, including narrative standards for water
quality.
b) Concrete washout water shall not be discharged to state surface waters or to storm sewer systems. On-site
permanent disposal of concrete washout waste is not authorized by this permit. Discharge to the ground of concrete
washout waste that will subsequently be disposed of off-site is authorized by this permit. See Part I.D.3.c of the
permit.
c) Bulk storage structures for petroleum products and any other chemicals shall have secondary containment or
equivalent adequate protection so as to contain all spills and prevent any spilled material from entering State waters.
d) 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
correspondence.
e) The Division reserves the right to require sampling and testing, on a case-by-case basis, in the event that there is
reason to suspect that compliance with the SWMP is a problem, or to measure the effectiveness of the BMPs in
removing pollutants in the effluent. Such monitoring may include Whole Effluent Toxicity testing.
f) All site wastes must be properly managed to prevent potential pollution of State waters. This permit does not
authorize on-site waste disposal.
g) All dischargers must comply with the lawful requirements of federal agencies, municipalities, counties, drainage
districts and other local agencies regarding any discharges of stormwater to storm drain systems or other water
courses under their jurisdiction, including applicable requirements in municipal stormwater management programs
developed to comply with CDPS permits. Dischargers must comply with local stormwater management
requirements, policies or guidelines including erosion and sediment control.
2. BMP Implementation and Design Standards
Facilities must select, install, implement, and maintain appropriate BMPs, following good engineering, hydrologic and
pollution control practices. BMPs implemented at the site must be adequately designed to provide control for all potential
pollutant sources associated with construction activity to prevent pollution or degradation of State waters.
PART I
Permit - Page 11
Permit No. COR-030000
D. TERMS AND CONDITIONS (cont.)
3. Prohibition of Non-Stormwater Discharges
a) Except as provided in paragraphs b, c, and d below, all discharges covered by this permit shall be composed
entirely of stormwater associated with construction activity. Discharges of material other than stormwater 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 construction
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.1.g of this permit):
- emergency fire fighting activities - landscape irrigation return flow
- uncontaminated springs
c) Discharges to the ground of concrete washout water from washing of tools and concrete mixer chutes may be
authorized by this permit, provided that:
1) the source is identified in the SWMP;
2) BMPs are included in the SWMP in accordance with Part I.C.3(c)(7) and to prevent pollution of groundwater in
violation of Part I.D.1.a; and
3) these discharges do not leave the site as surface runoff or to surface waters
d) Discharges to the ground of water from construction dewatering activities may be authorized by this permit,
provided that:
1) the source is groundwater and/or groundwater combined with stormwater that does not contain pollutants in
concentrations exceeding the State groundwater standards in Regulations 5 CCR 1002-41 and 42;
2) the source is identified in the SWMP;
3) BMPs are included in the SWMP, as required by Part I.C.3(c)(8); and
4) these discharges do not leave the site as surface runoff or to surface waters.
Discharges to the ground from construction dewatering activities that do not meet the above criteria must be covered
under a separate CDPS discharge permit. Contaminated groundwater requiring coverage under a separate CDPS
discharge permit may include groundwater contaminated with pollutants from a landfill, mining activity, industrial
pollutant plume, underground storage tank, or other source.
4. Releases in Excess of Reportable Quantities
This permit does not relieve the permittee of the reporting requirements of 40 CFR 110, 40 CFR 117 or 40 CFR 302. Any
discharge of hazardous material must be handled in accordance with the Division's Noncompliance Notification
Requirements (see Part II.A.3 of the permit).
5. SWMP Requirements
a) SWMP Preparation and Implementation: The SWMP shall be prepared prior to applying for coverage under the
general permit, and certification of its completion submitted with the application. The SWMP shall be implemented
prior to commencement of construction activities. The plan shall be updated as appropriate (see paragraph c,
below), below). SWMP provisions shall be implemented until expiration or inactivation of permit coverage.
b) SWMP Retention Requirements: A copy of the SWMP must be retained on site unless another location, specified
by the permittee, is approved by the Division.
c) SWMP Review/Changes: The permittee shall amend the SWMP:
1) when there is a change in design, construction, operation, or maintenance of the site, which would require the
implementation of new or revised BMPs; or
2) if the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater
discharges associated with construction activity; or
PART I
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Permit No. COR-030000
D. TERMS AND CONDITIONS (cont.)
3) when BMPs are no longer necessary and are removed.
SWMP changes shall be made prior to changes in the site conditions, except as allowed for in paragraph d, below.
SWMP revisions may include, but are not limited to: potential pollutant source identification; selection of
appropriate BMPs for site conditions; BMP maintenance procedures; and interim and final stabilization practices.
The SWMP changes may include a schedule for further BMP design and implementation, provided that, if any
interim BMPs are needed to comply with the permit, they are also included in the SWMP and implemented during
the interim period.
d) Responsive SWMP Changes: SWMP changes addressing BMP installation and/or implementation are often
required to be made in response to changing conditions, or when current BMPs are determined ineffective. The
majority of SWMP revisions to address these changes can be made immediately with quick in-the-field revisions to
the SWMP. In the less common scenario where more complex development of materials to modify the SWMP is
necessary, SWMP revisions shall be made in accordance with the following requirements:
1) the SWMP shall be revised as soon as practicable, but in no case more than 72 hours after the change(s) in
BMP installation and/or implementation occur at the site, and
2) a notation must be included in the SWMP prior to the site change(s) that includes the time and date of the
change(s) in the field, an identification of the BMP(s) removed or added, and the location(s) of those BMP(s).
6. Inspections
Site inspections must be conducted in accordance with the following requirements and minimum schedules. The required
minimum inspection schedules do not reduce or eliminate the permittee’s responsibility to implement and maintain BMPs
in good and effective operational condition, and in accordance with the SWMP, which could require more frequent
inspections.
a) Minimum Inspection Schedule: The permittee shall, at a minimum, make a thorough inspection, in accordance
with the requirements in I.D.6.b below, at least once every 14 calendar days. Also, post-storm event inspections
must be conducted within 24 hours after the end of any precipitation or snowmelt event that causes surface erosion.
Provided the timing is appropriate, the post-storm inspections may be used to fulfill the 14-day routine inspection
requirement. A more frequent inspection schedule than the minimum inspections described may be necessary, to
ensure that BMPs continue to operate as needed to comply with the permit. The following conditional modifications
to this Minimum Inspection Schedule are allowed:
1) Post-Storm Event Inspections at Temporarily Idle Sites – If no construction activities will occur following a
storm event, post-storm event inspections shall be conducted prior to re-commencing construction activities,
but no later than 72 hours following the storm event. The occurrence of any such delayed inspection must be
documented in the inspection record. Routine inspections still must be conducted at least every 14 calendar
days.
2) Inspections at Completed Sites/Areas – For sites or portions of sites that meet the following criteria, but final
stabilization has not been achieved due to a vegetative cover that has not become established, the permittee
shall make a thorough inspection of their stormwater management system at least once every month, and post-
storm event inspections are not required. This reduced inspection schedule is only allowed if:
i) all construction activities that will result in surface ground disturbance are completed;
ii) all activities required for final stabilization, in accordance with the SWMP, have been completed, with
the exception of the application of seed that has not occurred due to seasonal conditions or the necessity
for additional seed application to augment previous efforts; and
iii) the SWMP has been amended to indicate those areas that will be inspected in accordance with the
reduced schedule allowed for in this paragraph.
PART I
Permit - Page 13
Permit No. COR-030000
D. TERMS AND CONDITIONS (cont.)
3) Winter Conditions Inspections Exclusion – Inspections are not required at sites where construction activities
are temporarily halted, snow cover exists over the entire site for an extended period, and melting conditions
posing a risk of surface erosion do not exist. This exception is applicable only during the period where melting
conditions do not exist, and applies to the routine 14-day and monthly inspections, as well as the post-storm-
event inspections. The following information must be documented in the inspection record for use of this
exclusion: dates when snow cover occurred, date when construction activities ceased, and date melting
conditions began. Inspections, as described above, are required at all other times.
When site conditions make the schedule required in this section impractical, the permittee may petition the Division
to grant an alternate inspection schedule.
b) Inspection Requirements
1) Inspection Scope - The construction site perimeter, all disturbed areas, material and/or waste storage areas that
are exposed to precipitation, discharge locations, and locations where vehicles access the site shall be inspected
for evidence of, or the potential for, pollutants leaving the construction site boundaries, entering the stormwater
drainage system, or discharging to state waters. All erosion and sediment control practices identified in the
SWMP shall be evaluated to ensure that they are maintained and operating correctly.
2) Inspection Report/Records - The permittee shall keep a record of inspections. Inspection reports must
identify any incidents of non-compliance with the terms and conditions of this permit. Inspection records must
be retained for three years from expiration or inactivation of permit coverage. At a minimum, the inspection
report must include:
i) The inspection date;
ii) Name(s) and title(s) of personnel making the inspection;
iii) Location(s) of discharges of sediment or other pollutants from the site;
iv) Location(s) of BMPs that need to be maintained;
v) Location(s) of BMPs that failed to operate as designed or proved inadequate for a particular location;
vi) Location(s) where additional BMPs are needed that were not in place at the time of inspection;
vii) Deviations from the minimum inspection schedule as provided in Part I.D.6.a above;
vii) Description of corrective action for items iii, iv, v, and vi, above, dates corrective action(s) taken, and
measures taken to prevent future violations, including requisite changes to the SWMP, as necessary; and
viii) After adequate corrective action(s) has been taken, or where a report does not identify any incidents
requiring corrective action, the report shall contain a signed statement indicating the site is in compliance
with the permit to the best of the signer’s knowledge and belief.
c) Required Actions Following Site Inspections – Where site inspections note the need for BMP maintenance
activities, BMPs must be maintained in accordance with the SWMP and Part I.D.7 of the permit. Repair,
replacement, or installation of new BMPs determined necessary during site inspections to address ineffective or
inadequate BMPs must be conducted in accordance with Part I.D.8 of the permit. SWMP updates required as a
result of deficiencies in the SWMP noted during site inspections shall be made in accordance with Part I.D.5.c of the
permit.
7. BMP Maintenance
All erosion and sediment control practices and other protective measures identified in the SWMP must be maintained in
effective operating condition. Proper selection and installation of BMPs and implementation of comprehensive Inspection
and Maintenance procedures, in accordance with the SWMP, should be adequate to meet this condition. BMPs that are not
adequately maintained in accordance with good engineering, hydrologic and pollution control practices, including removal
of collected sediment outside the acceptable tolerances of the BMPs, are considered to be no longer operating effectively
and must be addressed in accordance with Part I.D.8, below. A specific timeline for implementing maintenance
procedures is not included in this permit because BMP maintenance is expected to be proactive, not responsive.
Observations resulting in BMP maintenance activities can be made during a site inspection, or during general observations
of site conditions.
PART I
Permit - Page 14
Permit No. COR-030000
D. TERMS AND CONDITIONS (cont.)
8. Replacement and Failed BMPs
Adequate site assessment must be performed as part of comprehensive Inspection and Maintenance procedures, to assess
the adequacy of BMPs at the site, and the necessity of changes to those BMPs to ensure continued effective performance.
Where site assessment results in the determination that new or replacement BMPs are necessary, the BMPs must be
installed to ensure on-going implementation of BMPs as per Part I.D.2.
Where BMPs have failed, resulting in noncompliance with Part I.D.2, they must be addressed as soon as possible,
immediately in most cases, to minimize the discharge of pollutants.
When new BMPs are installed or BMPs are replaced, the SWMP must be updated in accordance with Part I.D.5(c).
9. Reporting
No scheduled reporting requirements are included in this permit; however, the Division reserves the right to request that a
copy of the inspection reports be submitted.
10. SWMP Availability
A copy of the SWMP shall be provided upon request to the Division, EPA, or any local agency in charge of approving
sediment and erosion plans, grading plans or stormwater management plans, and within the time frame specified in the
request. If the SWMP is required to be submitted to any of these entities, it must include a signed certification in
accordance with Part I.F.1 of the permit, certifying that the SWMP is complete and meets all permit requirements.
All SWMPs required under this permit are considered reports that shall be available to the public under Section 308(b) of
the CWA and Section 61.5(4) of the Colorado Discharge Permit System Regulations. The permittee shall make plans
available to members of the public upon request. However, the permittee may claim any portion of a SWMP as
confidential in accordance with 40 CFR Part 2.
11. Total Maximum Daily Load (TMDL)
If a TMDL has been approved for any waterbody into which the permittee discharges, and stormwater discharges
associated with construction activity have been assigned a pollutant-specific Wasteload Allocation (WLA) under the
TMDL, the Division will either:
a) Ensure that the WLA is being implemented properly through alternative local requirements, such as by a municipal
stormwater permit; or
b) Notify the permittee of the WLA, and amend the permittee’s certification to add specific BMPs and/or other
requirements, as appropriate. The permittee may be required to do the following:
1) Under the permittee’s SWMP, implement specific management practices based on requirements of the WLA,
and evaluate whether the requirements are being met through implementation of existing stormwater BMPs or
if additional BMPs are necessary. Document the calculations or other evidence that show that the requirements
are expected to be met; and
2) If the evaluation shows that additional or modified BMPs are necessary, describe the type and schedule for the
BMP additions/revisions.
Discharge monitoring may also be required. The permittee may maintain coverage under the general permit provided they
comply with the applicable requirements outlined above. The Division reserves the right to require individual or alternate
general permit coverage.
PART I
Permit - Page 15
Permit No. COR-030000
E. ADDITIONAL DEFINITIONS
For the purposes of this permit:
1. Best Management Practices (BMPs): schedules of activities, prohibitions of practices, maintenance procedures, and
other management practices to prevent or reduce the pollution of waters of the State. BMPs also include treatment
requirements, operating procedures, pollution prevention, and practices to control site runoff, spillage or leaks, waste
disposal, or drainage from material storage.
2. Dedicated asphalt plants and concrete plants: portable asphalt plants and concrete plants that are located on or adjacent
to a construction site and that provide materials only to that specific construction site.
3. Final stabilization: when all ground surface disturbing activities at the site have been completed, and uniform vegetative
cover has been established with an individual plant density of at least 70 percent of pre-disturbance levels, or equivalent
permanent, physical erosion reduction methods have been employed. For purposes of this permit, establishment of a
vegetative cover capable of providing erosion control equivalent to pre-existing conditions at the site will be considered
final stabilization.
4. Municipal separate storm sewer system: a conveyance or system of conveyances (including: roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains), owned or operated
by a State, city, town, county, district, or other public body (created by state law), having jurisdiction over disposal of
sewage, industrial waste, stormwater, or other wastes; designed or used for collecting or conveying stormwater.
5. Operator: the entity that has day-to-day supervision and control of activities occurring at the construction site. This can
be the owner, the developer, the general contractor or the agent of one of these parties, in some circumstances. It is
anticipated that at different phases of a construction project, different types of parties may satisfy the definition of
'operator' and that the permit may be transferred as the roles change.
6. Outfall: a point source at the point where stormwater leaves the construction site and discharges to a receiving water or a
stormwater collection system.
7. Part of a larger common plan of development or sale: a contiguous area where multiple separate and distinct
construction activities may be taking place at different times on different schedules.
8. Point source: any discernible, confined and discrete conveyance from which pollutants are or may be discharged. Point
source discharges of stormwater result from structures which increase the imperviousness of the ground which acts to
collect runoff, with runoff being conveyed along the resulting drainage or grading pattern.
9. Pollutant: dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical
waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or
any industrial, municipal or agricultural waste.
10. Process water: any water which, during manufacturing or processing, comes into contact with or results from the
production of any raw material, intermediate product, finished product, by product or waste product. This definition
includes mine drainage.
11. Receiving Water: any classified stream segment (including tributaries) in the State of Colorado into which stormwater
related to construction activities discharges. This definition includes all water courses, even if they are usually dry, such as
borrow ditches, arroyos, and other unnamed waterways.
12. Significant Materials include, but are not limited to: raw materials; fuels; materials such as solvents, detergents, and
plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous
substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to
section 313 of title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the
potential to be released with stormwater discharge.
13. Stormwater: precipitation-induced surface runoff.
PART I
Permit - Page 16
Permit No. COR-030000
F. GENERAL REQUIREMENTS
1. Signatory Requirements
a) All reports required for submittal shall be signed and certified for accuracy by the permittee in accordance 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, if such representative is responsible for the overall operation of the
facility from which the discharge described in the form originates.
b) Changes to authorization. If an authorization under paragraph a) of 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 paragraph a) 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.
c) Certification. Any person signing a document under paragraph a) of this section shall make the following
certification:
“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.”
2. Retention of Records
a) The permittee shall retain copies of the SWMP and all reports required by this permit and records of all data used to
complete the application to be covered by this permit, for three years after expiration or inactivation of permit
coverage.
b) The permittee shall retain a copy of the SWMP required by this permit at the construction site from the date of
project initiation to the date of expiration or inactivation of permit coverage, unless another location, specified by
the permittee, is approved by the Division.
3. Monitoring
The Division reserves the right to require sampling and testing, on a case-by-case basis (see Part I.D.1.e), for example to
implement the provisions of a TMDL (see Part I.D.11 of the permit). Reporting procedures for any monitoring data
collected will be included in the notification by the Division of monitoring requirements.
If monitoring is required, the following definitions apply:
a) The thirty (30) day average shall be determined by the arithmetic mean of all samples collected during a thirty (30)
consecutive-day period.
b) A grab sample, for monitoring requirements, is a single “dip and take” sample.
PART II
Permit - Page 17
Permit No. COR-030000
PART II
A. MANAGEMENT REQUIREMENTS
1. Amending a Permit Certification
The permittee shall inform the Division (Permits Section) in writing of changes to the information provided in the permit
application, including the legal contact, the project legal description or map originally submitted with the application, or
the planned total disturbed acreage. The permittee shall furnish the Division with any plans and specifications which the
Division deems reasonably necessary to evaluate the effect on the discharge and receiving stream. If applicable, this
notification may be accomplished through submittal of an application for a CDPS process water permit authorizing the
discharge. The SWMP shall be updated and implemented prior to the changes (see Part I.D.5.c).
Any discharge to the waters of the State from a point source other than specifically authorized by this permit or a different
CDPS permit is prohibited.
2. Special Notifications - Definitions
a) Spill: An unintentional release of solid or liquid material which may cause pollution of state waters.
b) Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit discharge
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.
3. Noncompliance Notification
a) The permittee shall report the following instances of noncompliance:
1) Any noncompliance which may endanger health or the environment;
2) Any spill or discharge of hazardous substances or oil which may cause pollution of the waters of the state.
3) Any discharge of stormwater which may cause an exceedance of a water quality standard.
b) For all instances of noncompliance based on environmental hazards and chemical spills and releases, all needed
information must be provided orally to the Colorado Department of Public Health and Environment spill reporting
line (24-hour number for environmental hazards and chemical spills and releases: 1-877-518-5608) within 24 hours
from the time the permittee becomes aware of the circumstances.
For all other instances of noncompliance as defined in this section, all needed information must be provided orally to
the Water Quality Control Division within 24 hours from the time the permittee becomes aware of the
circumstances.
For all instances of noncompliance identified here, a written submission shall also be provided within 5 calendar
days of the time the permittee becomes aware of the circumstances. The written submission shall contain a
description of:
1) The noncompliance and its cause;
2) The period of noncompliance, including exact dates and times, and if the noncompliance has not been
corrected, the anticipated time it is expected to continue;
3) Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
PART II
Permit - Page 18
Permit No. COR-030000
A. MANAGEMENT REQUIREMENTS (cont.)
4. 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, or relevant new information becomes available, the permittee shall promptly
submit the relevant application information which was not submitted or any additional information needed to correct any
erroneous information previously submitted.
5. Bypass
a) A bypass, which causes effluent limitations (i.e., requirements to implement BMPs in accordance with Parts I.B.3
and I.D.2 of the permit) to be exceeded is prohibited, and the Division may take enforcement action against a
permittee for such a bypass, unless:
1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities (e.g.,
alternative BMPs), retention of untreated wastes, or maintenance during normal periods of equipment
downtime. This condition is not satisfied if the permittee could have installed adequate backup equipment (e.g.,
implemented additional BMPs) to prevent a bypass which occurred during normal periods of equipment
downtime or preventative maintenance; and
3) The permittee submitted notices as required in "Non-Compliance Notification," Part II.A.3.
6. Upsets
a) Effect of an Upset: An upset constitutes an affirmative defense to an action brought for noncompliance with permit
limitations and requirements 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;
2) The permitted facility was at the time being properly operated;
3) The permittee submitted notice of the upset as required in Part II.A.3. of this permit (24-hour notice); and
4) The permittee complied with any remedial measures required under 40 CFR Section 122.41(d) of the federal
regulations or Section 61.8(3)(h) of the Colorado Discharge Permit System Regulations.
c) Burden of Proof: In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has
the burden of proof.
7. Removed Substances
Solids, sludges, or other pollutants removed in the course of treatment or control of discharges shall be properly disposed
of in a manner such as to prevent any pollutant from such materials from entering waters of the State.
8. Minimization of Adverse Impact
The permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from
noncompliance with any terms and conditions specified in this permit, including such accelerated or additional monitoring
as necessary to determine the nature and impact of the noncomplying discharge.
PART II
Permit - Page 19
Permit No. COR-030000
A. MANAGEMENT REQUIREMENTS (cont.)
9. Reduction, Loss, or Failure of Stormwater Controls
The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the permit requirements.
Upon reduction, loss, or failure of any stormwater controls, the permittee shall, to the extent necessary to maintain
compliance with its permit, control production, or remove all pollutant sources from exposure to stormwater, or both, until
the stormwater controls are restored or an alternative method of treatment/control 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.
10. 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 to achieve compliance with the conditions of this
permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing
and training, 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 only when necessary to achieve
compliance with the conditions of the permit.
B. RESPONSIBILITIES
1. Inspections and Right to Entry
The permittee shall allow the Director of the State Water Quality Control Division, the EPA Regional Administrator,
and/or their authorized representative(s), 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 to investigate, within reason, any actual, suspected, or potential source of
water pollution, or any violation of the Colorado Water Quality Control Act. The investigation may include, but is
not limited to, the following: sampling of any discharge and/or process waters, the taking of photographs,
interviewing permittee staff on alleged violations and other matters related to the permit, and access to any and all
facilities or areas within the permittee's premises that may have any effect on the discharge, permit, or any alleged
violation.
2. Duty to Provide Information
The permittee shall furnish to the Division, within the time frame specified by the Division, any information which the
Division may request to determine whether cause exists for modifying, revoking and reissuing, or inactivating coverage
under 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
Certification under this permit may be transferred to a new permittee if:
a) The current permittee notifies the Division in writing when the transfer is desired as outlined in Part I.A.7; and
b) The notice includes a written agreement between the existing and new permittees containing a specific date for
transfer of permit responsibility, coverage and liability between them; and
c) The current permittee has met all fee requirements of the Colorado Discharge Permit System Regulations, Section
61.15.
PART II
Permit - Page 20
Permit No. COR-030000
B. RESPONSIBILITIES (cont.)
4. Modification, Suspension, or Revocation of Permit By Division
All permit modification, inactivation or revocation and reissuance actions shall be subject to the requirements of the
Colorado Discharge Permit System Regulations, Sections 61.5(2), 61.5(3), 61.7 and 61.15, 5 C.C.R. 1002-61, except for
minor modifications.
a) This permit, and/or certification under this permit, may be modified, suspended, or revoked 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;
3) Materially false or inaccurate statements or information in the application for the permit;
4) Promulgation of toxic effluent standards or prohibitions (including any schedule of compliance specified in
such effluent standard or prohibition) which are established under Section 307 of the Clean Water Act, where
such a toxic pollutant is present in the discharge and such standard or prohibition is more stringent than any
limitation for such pollutant in this permit.
b) This permit, and/or certification under this permit, may be modified in whole or in part due to a change in any
condition that requires either a temporary or permanent reduction or elimination of the permitted discharge, such as:
1) Promulgation of Water Quality Standards applicable to waters affected by the permitted discharge; or
2) Effluent limitations or other requirements applicable pursuant to the State Act or federal requirements; or
3) Control regulations promulgated; or
4) Other available information indicates a potential for violation of adopted Water Quality Standards or stream
classifications.
c) This permit, or certification under this permit, may be modified in whole or in part to include new effluent
limitations and other appropriate permit conditions where data submitted pursuant to Part I indicate that such
effluent limitations and permit conditions are necessary to ensure compliance with applicable water quality
standards and protection of classified uses.
d) At the request of the permittee, the Division may modify or inactivate certification under this permit if the following
conditions are met:
1) In the case of inactivation, the permittee notifies the Division of its intent to inactivate the certification, and
certifies that the site has been finally stabilized;
2) In the case of inactivation, the permittee has ceased any and all discharges to state waters and demonstrates to
the Division there is no probability of further uncontrolled discharge(s) which may affect waters of the State.
3) The Division finds that the permittee has shown reasonable grounds consistent with the Federal and State
statutes and regulations for such modification, amendment or inactivation;
4) Fee requirements of Section 61.15 of the Colorado Discharge Permit System Regulations have been met; and
5) Applicable requirements of public notice have been met.
For small construction sites covered by a Qualifying Local Program, coverage under this permit is automatically
terminated when a site has been finally stabilized.
PART II
Permit - Page 21
Permit No. COR-030000
B. RESPONSIBILITIES (cont.)
5. Permit Violations
Failure to comply with any terms and/or conditions of this permit shall be a violation of this permit.
Dischargers of stormwater associated with industrial activity, as defined in the EPA Stormwater Regulation (40 CFR
122.26(b)(14) and Section 61.3(2) of the Colorado Discharge Permit System Regulations, which do not obtain coverage
under this or other Colorado general permits, or under an individual CDPS permit regulating industrial stormwater, will be
in violation of the federal Clean Water Act and the Colorado Water Quality Control Act, 25-8-101, as amended. Failure to
comply with CDPS permit requirements will also constitute a violation.
6. Legal Responsibilities
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.
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.
7. 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, are held invalid, the application of such provision to other circumstances and the application of
the remainder of this permit shall not be affected.
8. Renewal Application
If the permittee desires to continue to discharge, a permit renewal application shall be submitted at least ninety (90) days
before this permit expires. If the permittee anticipates that there will be no discharge after the expiration date of this
permit, the Division should be promptly notified so that it can inactivate the certification in accordance with Part II.B.4.d.
9. Confidentiality
Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and Colorado Discharge
Permit System Regulations, 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. The permittee must state what is confidential at the time of
submittal.
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 section shall bear the burden of proving its applicability. This section shall never be interpreted as preventing full
disclosure of effluent data.
10. Fees
The permittee is required to submit payment of an annual fee as set forth in the Water Quality Control Act. 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 25-8-60l et. seq., C.R.S. l973 as amended.
PART II
Permit - Page 22
Permit No. COR-030000
B. RESPONSIBILITIES (cont.)
11. Requiring an Individual CDPS Permit
The Director may require the permittee to apply for and obtain an individual or alternate general CDPS permit if:
a) The discharger is not in compliance with the conditions of this general permit;
b) Conditions or standards have changed so that the discharge no longer qualifies for a general permit; or
c) Data/information become available which indicate water quality standards may be violated.
The permittee must be notified in writing that an application for an individual or alternate general CDPS permit is required.
When an individual or alternate general CDPS permit is issued to an operator otherwise covered under this general permit,
the applicability of this general permit to that operator is automatically inactivated upon the effective date of the individual
or alternate general CDPS permit.
APPENDIX B
CDHPE Construction Activity Permit Application
For Agency Use Only
Permit Number Assigned
COR03-
Date Received /_ /_
Month Day Year
COLORADO DISCHARGE PERMIT SYSTEM (CDPS)
STORMWATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITIES APPLICATION
PHOTO COPIES, FAXED COPIES, PDF COPIES OR EMAILS WILL NOT BE ACCEPTED.
Please print or type. Original signatures are required. All items must be completed accurately and in their entirety for
the application to be deemed complete. Incomplete applications will not be processed until all information is received
which will ultimately delay the issuance of a permit. If more space is required to answer any question, please attach
additional sheets to the application form. Applications must be submitted by mail or hand delivered to:
Colorado Department of Public Health and Environment
Water Quality Control Division
4300 Cherry Creek Drive South
WQCD-P-B2
Denver, Colorado 80246-1530
Any additional information that you would like the Division to consider in developing the permit should be provided with
the application. Examples include effluent data and/or modeling and planned pollutant removal strategies.
PERMIT INFORMATION
Reason for Application: NEW CERT
RENEW CERT EXISTING CERT #
Applicant is: Property Owner Contractor/Operator
A. CONTACT INFORMATION - NOT ALL CONTACT TYPES MAY APPLY * indicates required
*PERMITTEE (If more than one please add additional pages)
*ORGANIZATION FORMAL NAME:
1) *PERMITTEE the person authorized to sign and certify the permit application. This person receives all
permit correspondences and is legally responsible for compliance with the permit.
Responsible Position (Title):
Currently Held By (Person):
Telephone No:_
email address
Organization:
Mailing Address:
City:_ State: Zip:
This form must be signed by the Permittee (listed in item 1) to be considered complete.
Per Regulation 61 In all cases, it shall be signed as follows:
a) In the case of corporations, by a responsible corporate officer. For the purposes of this section, the responsible
corporate officer is responsible for the overall operation of the facility from which the discharge described in the
application originates.
b) In the case of a partnership, by a general partner.
c) In the case of a sole proprietorship, by the proprietor.
d) In the case of a municipal, state, or other public facility, by either a principal executive officer or ranking elected official
page 1 of 5 revised April 2011
2) DMR COGNIZANT OFFICIAL (i.e. authorized agent) the person or position authorized to sign and certify reports required
by the Division including Discharge Monitoring Reports *DMR’s, Annual Reports, Compliance Schedule submittals,
and other information requested by the Division. The Division will transmit pre-printed reports (ie. DMR’s) to this person.
If more than one, please add additional pages. Same As 1) Permittee
Responsible Position (Title):
Currently Held By (Person):
Telephone No:_
email address
Organization:
Mailing Address:
City:_ State: Zip:
Per Regulation 61 : All reports required by permits, and other information requested by the Division shall be signed by
the permittee or by a duly authorized representative of that person. A person is a duly authorized representative only if:
(i) The authorization is made in writing by the permittee
(ii) 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
(iii) The written authorization is submitted to the Division
3) *SITE CONTACT local contact for questions relating to the facility & discharge authorized by this permit
for the facility.
Same As 1) Permittee
Responsible Position (Title):
Currently Held By (Person):
Telephone No:_
email address
Organization:
Mailing Address:
City:_ State: Zip:
4) * BILLING CONTACT if different than the permittee
Responsible Position (Title):
Currently Held By (Person):
Telephone No:_
email address
Organization:
Mailing Address:
City:_ State: Zip:
Page 2 of 5 revised April 2011
5) OTHER CONTACT TYPES (check below) Add pages if necessary:
ResponsiblePosition (Title):
Currently Held By (Person):
Telephone No:_
email address
Organization:
Mailing Address:
City:_ State: Zip:
o Pretreatment
Coordinator
o Environmental Contact
o Biosolids Responsible
Party
o Property Owner
Inspection Facility Contact
Consultant
Compliance Contact
Stormwater MS4 Responsible
Person
Stormwater Authorized
Representative
Other
B. Permitted Project/Facility Information
Project/Facility Name
Street Address or cross streets
(e.g., “S. of Park St. between 5th Ave. and 10th Ave.”, or “W. side of C.R. 21, 3.25 miles N. of Hwy 10”; A street name without an address,
intersection, mile marker, or other identifying information describing the location of the project is not adequate. For linear projects,
the route of the project should be described as best as possible with the location more accurately indicated by a map.)
City, Zip Code County
Facility Latitude/Longitude— (approximate center of site to nearest 15 seconds using one of
following formats
001A Latitude . Longitude . (e.g., 39.703°, 104.933°’)
degrees (to 3 decimal places) degrees (to 3 decimal places)
or
001A Latitude º ’ " Longitude º ’ " (e.g., 39°46'11"N, 104°53'11"W)
degrees minutes seconds degrees minutes seconds
For the approximate center point of the property, to the nearest 15 seconds. The latitude and longitude must be provided as
either degrees, minutes, and seconds, or in decimal degrees with three decimal places. This information may be obtained from
a variety of sources, including:
o Surveyors or engineers for the project should have, or be able to calculate, this information.
o EPA maintains a web-based siting tool as part of their Toxic Release Inventory program that uses interactive maps and
aerial photography to help users get latitude and longitude. The siting tool can be accessed at
www.epa.gov/tri/report/siting_tool/index.htm
o U.S. Geological Survey topographical map(s), available at area map stores.
o Using a Global Positioning System (GPS) unit to obtain a direct reading.
Note: the latitude/longitude required above is not the directional degrees, minutes, and seconds provided on a site legal
description to define property boundaries.
C. MAP (Attachment) If no map is submitted, the permit will not be issued.
Map: Attach a map that indicates the site location and that CLEARLY shows the boundaries of the area that will be
disturbed. Maps must be no larger than 11x17 inches.
D. LEGAL DESCRIPTION
Legal description: If subdivided, provide the legal description below, or indicate that it is not applicable (do not supply
Township/Range/Section or metes and bounds description of site)
Subdivision(s): Lot(s): Block(s):
OR
Not applicable (site has not been subdivided)
page 3 of 5 revised April 2011
E. AREA OF CONSTRUCTION SITE
Total area of project site (acres): Area of project site to undergo disturbance (acres):
Note: aside from clearing, grading and excavation activities, disturbed areas also include areas receiving
overburden (e.g., stockpiles), demolition areas, and areas with heavy equipment/vehicle traffic and storage
that disturb existing vegetative cover
Total disturbed area of Larger Common Plan of Development or Sale, if applicable:
(i.e., total, including all phases, filings, lots, and infrastructure not covered by this application)
Provide both the total area of the construction site, and the area that will undergo disturbance, in acres. Note: aside
from clearing, grading and excavation activities, disturbed areas also include areas receiving overburden (e.g.,
stockpiles), demolition areas, and areas with heavy equipment/vehicle traffic and storage that disturb existing
vegetative cover (see construction activity description under the APPLICABILITY section on page 1).
If the project is part of a larger common plan of development or sale (see the definition under the APPLICABILITY
section on page 1), the disturbed area of the total plan must also be included.
F. NATURE OF CONSTRUCTION ACTIVITY
Check the appropriate box(s) or provide a brief description that indicates the general nature of the construction activities.
(The full description of activities must be included in the Stormwater Management Plan.)
Single Family Residential Development
Multi-Family Residential Development
Commercial Development
Oil and Gas Production and/or Exploration (including pad sites and associated infrastructure)
Highway/Road Development (not including roadways associated with commercial or residential development)
Other – Description:
G. ANTICIPATED CONSTRUCTION SCHEDULE
Construction Start Date: ___________________________ Final Stabilization Date: _____________________________
Construction Start Date - This is the day you expect to begin ground disturbing activities, including grubbing, stockpiling, excavating,
demolition, and grading activities.
Final Stabilization Date - in terms of permit coverage, this is when the site is finally stabilized. This means that all ground surface
disturbing activities at the site have been completed, and all disturbed areas have been either built on, paved, or a uniform vegetative
cover has been established with an individual plant density of at least 70 percent of pre-disturbance levels. Permit coverage must be
maintained until the site is finally stabilized. Even if you are only doing one part of the project, the estimated final stabilization
date must be for the overall project. If permit coverage is still required once your part is completed, the permit certification may be
transferred or reassigned to a new responsible entity(s).
H. RECEIVING WATERS (If discharge is to a ditch or storm sewer, include the name of the ultimate receiving waters)
Immediate Receiving Water(s):
Ultimate Receiving Water(s):
Identify the receiving water of the stormwater from your site. Receiving waters are any waters of the State of Colorado. This includes
all water courses, even if they are usually dry. If stormwater from the construction site enters a ditch or storm sewer system, identify
that system and indicate the ultimate receiving water for the ditch or storm sewer. Note: a stormwater discharge permit does not
allow a discharge into a ditch or storm sewer system without the approval of the owner/operator of that system.
page 4 of 5 revised April 2011
I. REQUIRED SIGNATURES (Both parts i. and ii. must be signed)
Signature of Applicant: The applicant must be either the owner and/or operator of the construction site. Refer to Part B of the instructions for additional information.
The application must be signed by the applicant to be considered complete. In all cases, it shall be signed as follows: (Regulation 61.4 (1ei)
a) In the case of corporations, by the responsible corporate officer is responsible for the overall operation of the facility from which the discharge
described in the form originates
b) In the case of a partnership, by a general partner.
c) In the case of a sole proprietorship, by the proprietor.
d) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected official, (a principal executive officer
has responsibility for the overall operation of the facility from which the discharge originates).
STOP!: A Stormwater Management Plan must be completed prior to signing the following certifications!
i. STORMWATER MANAGEMENT PLAN CERTIFICATION
“I certify under penalty of law that a complete Stormwater Management Plan, has been prepared for my activity. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the information, the Stormwater Management Plan is, to the best of
my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for falsely certifying the completion of said SWMP,
including the possibility of fine and imprisonment for knowing violations.”
XX
Signature of Legally Responsible Person or Authorized Agent (submission must include original signature) Date Signed
Name (printed) Title
ii. SIGNATURE OF PERMIT LEGAL CONTACT
"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."
“I understand that submittal of this application is for coverage under the State of Colorado General Permit for Stormwater Discharges Associated with
Construction Activity for the entirety of the construction site/project described and applied for, until such time as the application is amended or the
certification is transferred, inactivated, or expired.”
XX
Signature of Legally Responsible Person (submission must include original signature) Date Signed
Name (printed Title
DO NOT INCLUDE A COPY OF THE STORMWATER MANAGEMENT PLAN
DO NOT INCLUDE PAYMENT – AN INVOICE WILL BE SENT AFTER THE CERTIFICATION IS ISSUED.
page 5 of 5 revised April 2011
APPENDIX D
Reporting Chemical Spills in Colorado
REPORTING
ENVIRONMENTAL RELEASES
IN COLORADO
Hazardous Materials and Waste Management Division
(303) 692-3300
January 2009
Purpose of this Guidance
This guidance is intended to provide an overview of various reporting
requirements for a variety of releases to the environment. Please check all of
the possible requirements for reporting. This guidance does not cover all
potential release scenarios. This guidance is not intended to modify or replace
statutes or regulations, which undergo periodic revisions. In the event of a
conflict between this guidance and statutes or regulations, the statutes and
regulations govern.
Some reporting requirements are complex and overlapping, and this guidance
does not go into details of all situations. If a release situation is not described
in this guidance, or if clarification is desired, please obtain an official
interpretation from the governing agency enforcing the statute or regulation.
i
Table of Contents
Contact Information ...................................................................................................................................... ii
Colorado Environmental Release Reporting..................................................................................................1
A. Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)...................1
B. Emergency Planning and Community Right-to-Know Act (EPCRA).................................................3
Reportable Quantities Under CERCLA and EPCRA ............................................................................4
Exceptions and Exclusions.....................................................................................................................5
C. Resource Conservation and Recovery Act (RCRA) ............................................................................7
D. Radiation Control .................................................................................................................................9
E. Clean Water Act ...................................................................................................................................9
F. Safe Drinking Water Act ....................................................................................................................10
G. Clean Air Act .....................................................................................................................................10
H. Underground Storage Tanks (USTs) and Aboveground Storage Tanks (ASTs) ...............................11
I. Hazardous Materials Transportation....................................................................................................12
J. Oil and Gas Exploration and Production.............................................................................................15
K. Polychlorinated Biphenyls .................................................................................................................16
Abbreviations & Definitions........................................................................................................................17
ii
Contact Information
Release Reporting Numbers
National Response Center (NRC) 1 (800) 424-8802
24-hour reporting
Colorado Environmental Release and Incident Reporting Line 1 (877) 518-5608
24-hour reporting
Radiation Incident Reporting Line (303) 877-9757
24-hour reporting
Colorado State Patrol (303) 239-4501
24-hour reporting
US EPA Region 8 Emergency Response Spill Report Line 1 (800) 227-8914
24-hour reporting
Division of Oil and Public Safety (Dept. of Labor and Employment) (303) 318-8547
Fax (303) 318-8546
Oil and Gas Conservation Commission (Dept. of Natural Resources) (303) 894-2100
Division of Reclamation, Mining and Safety (Dept. of Natural Resources) (303) 866-3567
Colorado Public Utilities Commission Gas Pipeline Safety Section (303) 894-2851
(Dept. of Regulatory Agencies)
Local Emergency Planning Committee (Dept. of Local Affairs) (720) 852-6603
Business hours only - to obtain a list of LEPC contacts
Colorado Department of Public Health and Environment
Mailing Address:
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, CO 80246-1530
Office Hours:
Monday – Friday, except holidays 8:00 am – 5:00 pm
Environmental Divisions
Air Pollution Control Division (303) 692-3100
Website http://www.cdphe.state.co.us/ap/
Email comments.apcd@state.co.us
Consumer Protection Division (303) 692-3620
Website http://www.cdphe.state.co.us/cp/
Email comments.cpd@state.co.us
Hazardous Materials and Waste Management Division (303) 692-3300
Website http://www.cdphe.state.co.us/hm/
Email comments.hmwmd@state.co.us
Water Quality Control Division (303) 692-3500
Website http://www.cdphe.state.co.us/wq/
Email comments.wqcd@state.co.us
Reporting Environmental Releases in Colorado January 2009
Colorado Environmental Release Reporting
Additional reporting requirements
may be found in permits, licenses,
registrations, contingency and
pollution prevention plans, fire
codes, and local ordinances.
When a release of a hazardous material or other substance occurs to the environment, there are a
number of reporting and notification requirements that must be followed by the company or
individual responsible for the release. Environmental releases must be reported to the appropriate
authorities so that necessary response actions are taken in a timely fashion to ensure maximum
protection of human health and the environment.
However, taking appropriate and timely response actions
do not relieve you of your responsibility to report a release.
In addition, the responsible party is always liable for any
damages that may result from a release, and is responsible
for appropriate clean up actions whether or not the release
is required to be reported.
There is no penalty for over-reporting, but there are for failing to report a release. If you are unsure
if a release needs to be reported, the Colorado Department of Public Health and Environment (the
Department) recommends that releases be reported immediately even if the quantity of the release
has not yet been determined. Your follow-up report will provide details that explain why the
release was or was not reportable.
“Release” includes any spilling, leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping, or disposing into the environment, including abandonment
or discarding of barrels, containers, and other closed receptacles containing any hazardous
substance, pollutant, or contaminant.
Most spills and releases are
covered by more than one
reporting requirement, and all
requirements must be met.
"Environment" is generally defined as any surface water, ground water, drinking water supply, land
surface, subsurface strata, or ambient air. Releases into containment devices and those completely
contained within a building or other structure are not releases into the environment as long as the
hazardous substance does not volatilize into the ambient air or
otherwise have the potential to enter the environment (e.g.,
through the floor or cracks in the floor). Releases of a substance
into a storm drain or sewer, or onto a parking lot or roadway, are
considered to be releases to the environment.
Release reporting requirements are based on the type of material released and/or the situation under
which the release occurred. Additional reporting requirements may be found in permits, licenses,
registrations, contingency and pollution prevention plans, fire codes, and local ordinances. Please
check all of the possible requirements for reporting. Most spills and releases are covered by more
than one reporting requirement, and ALL requirements must be met. Enforcement action may be
taken against those who fail to provide required notifications or reports.
A. Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA)
The Comprehensive Environmental Response, Compensation and Liability Act, commonly known
as Superfund or CERCLA, provided broad Federal authority to respond directly to releases or
threatened releases of hazardous substances that may endanger public health or the environment.
This Act also enabled revision of the National Contingency Plan, which provides the guidelines and
1
Reporting Environmental Releases in Colorado January 2009
procedures needed to respond to releases and threatened releases of hazardous substances,
pollutants, or contaminants.
Under CERCLA, the US EPA was directed to establish reporting quantities for all hazardous
substances. The term "hazardous substance" is defined in CERCLA Section 101(14). These are
defined by reference to substances that are listed or designated under other environmental statutes.
They include:
all hazardous air pollutants (HAPs) listed under Section 112(b) of the Clean Air Act (CAA).
Radio-nuclides are hazardous substances because EPA designated them generically as
hazardous air pollutants under Section 112(b) of the Clean Air Act. Even though the source
of their listing is the Clean Air Act, releases of radionuclides to all media, not just to air, are
covered by CERCLA's reporting requirements.
toxic pollutants that are subject to pretreatment standards under Section 307(a) of the Clean
Water Act (CWA) and toxic pollutants that present an imminent danger to public health
when discharged to waters of the United States as designated under Section 311(b)(2)(A) of
the Clean Water Act. All Clean Water Act hazardous substances are CERCLA hazardous
substances, but only some CERCLA hazardous substances are Clean Water Act hazardous
substances.
wastes that are regulated as listed and/or characteristic
hazardous wastes under the Resource Conservation and
Recovery Act (RCRA). This includes thousands of
hazardous wastes that are not specifically listed but that
exhibit one or more of the characteristics of ignitability,
reactivity, corrosivity or toxicity. A material is
considered to be a release of a CERCLA hazardous
substance if the material was a waste prior to release, or if
the substance is not cleaned up for reuse and thus must be
disposed of as a RCRA hazardous waste after release.
Report releases at or above
the reportable quantity (RQ)
within 24 hours:
Hazardous air pollutants
under Section 112(b) of
Clean Air Act
Toxic pollutants under
Section 307(a) or under
Section 311(b)(2)(A) of
Clean Water Act
RCRA hazardous wastes
Elements, compounds or
substances under Section
102 of CERCLA
any element, compound, mixture solution or substance
designated under Section 102 of CERCLA that may
present substantial danger to public health or welfare or
the environment.
any imminently hazardous chemical substance or mixture that EPA has taken action against
under Section 7 of the Toxic Substances Control Act (TSCA). Any hazardous chemical
substance or mixture that EPA has taken action against under this Act would automatically
become a hazardous substance. To date, EPA hasn't designated any hazardous substances
under the Toxic Substances Control Act.
The person in charge of a facility or vessel must immediately report a release to the National
Response Center (NRC) as soon as they have knowledge of a release to the environment of a
CERCLA hazardous substance at or above the reportable quantity assigned to that substance within
a 24-hour period. If the release is a mixture or solution of hazardous substances, it must be reported
if the reportable quantity for any hazardous constituents is met or exceeded. If the responsible party
doesn't know the quantity of one or more of the hazardous constituents contained in a mixture or
solution, they must report the release if the total amount of the mixture or solution released equals
or exceeds the reportable quantity for the hazardous constituent with the lowest reportable quantity.
Reporting is also required if a non-CERCLA substance is released into the environment and rapidly
Reporting Environmental Releases in Colorado January 2009
These notification and reporting requirements are included in 40 CFR Part 302. A list of CERCLA
hazardous substances is included in Table 302.4 of these regulations.
B. Emergency Planning and Community Right-to-Know Act (EPCRA)
The Superfund Amendments and Reauthorization Act of 1986 reauthorized the Comprehensive
Response, Compensation and Liability Act to continue cleanup activities around the country.
Several amendments, definitions, clarifications and technical requirements were added to the
legislation, including additional enforcement authorities. Title III of the Superfund Amendments
also authorized the Emergency Planning and Community Right-to-Know Act (EPCRA), which
established the community's right to information about the chemicals that are stored, used at and/or
released from local facilities. It also established a framework for developing emergency plans for
responding to releases and reporting requirements for facilities.
A list of EPCRA threshold
planning quantities (TPQ) is
included in 40 CFR Part
355 Appendices A & B.
Under this Act, owners or operators of facilities at which a
hazardous substance or extremely hazardous substance is produced,
used or stored must provide immediate notification to the National
Response Center (NRC), the State Emergency Response
Commission (SERC) and the affected Local Emergency Planning
Committee (LEPC) when there is a release of a hazardous substance or extremely hazardous
substance with the potential to affect off-site persons that equals or exceeds its reportable quantity
within a 24-hour period. If the release is an EPCRA extremely hazardous substance, but not a
CERCLA hazardous substance, then only the SERC and LEPC need to be notified. Note – there
may be more than one SERC and/or LEPC potentially affected by a release. Don’t wait until there
is a release to contact the SERC and LEPC(s) to ensure that the correct contacts will be made in the
event of a spill. For a list of LEPCs, contact the Colorado Department of Local Affairs.
The owner or operator of the facility must report a release as soon as they know about it. In
addition to immediate telephone notification, the responsible party must also send a follow-up
written report as soon as practicable after the release to both the State Emergency Response
Commission (in this case, to the Colorado Department of Public Health and Environment) and the
Local Emergency Planning Committee. This report must describe the release, associated response
actions taken, and any known or anticipated health risks associated with the release.
A table of CERCLA reportable quantities
(RQ) isincludedin40CFRSection 302.4.
Although EPCRA requires notification only for
releases that have the potential to affect persons beyond
the facility boundary, EPA and the Colorado
Department of Public Health and Environment strongly encourage facilities to report onsite releases
if there is ANY potential for the release to migrate offsite. The burden of proof is on the facility to
show that any release into the environment of a reportable quantity or more of a hazardous
substance or extremely hazardous substance has NO POTENTIAL for offsite migration (e.g., via
groundwater, the wind or getting tracked offsite by workers and vehicles).
The State Emergency Response Commission (SERC) in Colorado is called the Colorado
Emergency Planning Commission (CEPC). It consists of representatives of the Colorado
Department of Public Health and Environment – Hazardous Materials and Waste Management
Division, the Colorado Department of Local Affairs – Colorado Division of Emergency
Management and the Division of Local Government, the Colorado Department of Public Safety –
3
Reporting Environmental Releases in Colorado January 2009
Fire Safety Division, and the Colorado State Patrol. The Commission also includes representatives
of affected industries, local governments, public interest or community groups and the Local
Emergency Planning Committee (LEPC) community. The Colorado Department of Public Health
and Environment represents the Commission for reporting purposes.
Reportable Quantities Under CERCLA and EPCRA
All reportable quantities are listed in pounds (except radionuclides, which are in curies). Congress
established a one pound reportable quantity for all hazardous substances and extremely hazardous
substances until EPA could evaluate each substance and adjust the reportable quantity to a level
more appropriate for the substance. During this assessment, each hazardous substance was
evaluated for six primary criteria: aquatic toxicity, mammalian toxicity, ignitability, reactivity,
chronic toxicity, and potential carcinogenicity. Reportable quantities for CERCLA hazardous
substances are listed in 40 CFR Section 302.4.
EPCRA extremely hazardous substances that are also hazardous substances under CERCLA have
the same reportable quantity that is applicable under CERCLA. If not also listed as a CERCLA
hazardous substance, extremely hazardous substances have a reportable quantity equal to the
EPCRA threshold planning quantity (TPQ) for that substance. The threshold planning quantity is
the quantity designated for each chemical in 40 CFR Part 355 Appendices A and B that triggers
notification by facilities to the State Emergency Response Commission that those facilities are
subject to emergency planning requirements.
For convenience, reportable quantities for hazardous substances and extremely hazardous
substances can also be found in the EPA List of Lists (EPA 550-B-01-003). Bear in mind that
because this document is only updated periodically, it may not contain recently added substances.
EPCRA extremely hazardous substances that
are also CERCLA hazardous substances have
the same RQ as under CERCLA.
EPCRA extremely hazardous substances that
are not listed under CERCLA have an RQ
equal to their TPQ under EPCRA.
All concurrent releases of the same substance from a single facility must be combined to determine
if a reportable quantity has been met or exceeded. Releases of different substances from a single
facility should not be combined for purposes of determining if the releases need to be reported.
Rather, each substance should be evaluated separately to determine if one or more reportable
quantities have been met or exceeded. For example, spilling a mixture containing half the
reportable quantity of one hazardous substance and
half the reportable quantity of another hazardous
substance does not trigger the reporting
requirement. Releases from separate facilities
should be treated as separate releases and should
not be combined to determine if a reportable
quantity has been met or exceeded.
Mixtures
Most hazardous substances and extremely hazardous substances are not used or stored in pure form,
but are mixtures or solutions. If a mixture of hazardous substances or extremely hazardous
substances is released and the concentration of all hazardous substances and extremely hazardous
substances in the mixture is known, then you must calculate the amount of each hazardous
substance and extremely hazardous substance that has been released. If there is more than one
hazardous substance or extremely hazardous substance in a mixture, you must check the reportable
quantity for each substance. The release must be reported if the reportable quantity for any
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Reporting Environmental Releases in Colorado January 2009
hazardous substance or extremely hazardous substance has been met or exceeded. If the
concentrations of the hazardous substances or extremely hazardous substances in the mixture are
not known, then the release must be reported when the total amount of the mixture released equals
or exceeds the reportable quantity for the constituent with the lowest reportable quantity.
Radionuclides
Releases of radionuclides in a mixture are additive. These releases are subject to reporting:
if each radionuclide in a released mixture or solution is known, then the ratio between the
quantity released and the reportable quantity for the radionuclide must be determined for
each radionuclide. If the sum of the ratios for the radionuclides in the mixture or solution
released is equal to or greater than one, it must be reported.
if all of the radionuclides in the mixture are known but the quantity released of one or more
of the radionuclides is unknown, it must be reported if the total quantity released is equal to
or greater than the lowest reportable quantity of any one radionuclide in the mixture.
if one or more radionuclides in the mixture is unknown, it must be reported if the total
quantity released is equal to or greater than either one curie or the lowest reportable quantity
of any of the known radionuclides in the mixture (whichever is lower).
Exceptions and Exclusions
Petroleum Products
A release of a petroleum product
containing a reportable quantity of
an EPCRA extremely hazardous
substance is reportable.
Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA),
petroleum products are excluded from the definition of hazardous substance. "Petroleum product"
includes crude oil, any fraction of crude oil that is not specifically listed as a hazardous substance,
natural and synthetic gases, and mixtures of natural and synthetic gases. EPA interprets petroleum
as including those amounts of hazardous substances, like
benzene, that are indigenous to crude oil or its fractions or
that are normally added during the refining process.
Hazardous substances added to the petroleum or increased
in concentration solely as a result of contamination during
use are not included in the petroleum exclusion.
Unlike the petroleum exclusion under CERCLA, extremely hazardous substances that are naturally
occurring in petroleum products or that are normally added during refining are subject to reporting
under the Emergency Planning and Community Right-to-Know Act (EPCRA). Therefore, a release
of a petroleum product containing a reportable quantity of one or more extremely hazardous
substances is reportable to the Colorado Emergency Planning Commission (CERC) and the Local
Emergency Planning Committee (LEPC) if a reportable quantity is met or exceeded.
Note: releases of oil and petroleum to water are also covered
under the Clean Water Act (Section E of this document).
Releases of petroleum from regulated storage tanks are covered
under the Colorado storage tank regulations (Section H of this
document).
The responsible party is always
responsible for appropriate clean
up actions whether or not the
release is required to be reported.
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Reporting Environmental Releases in Colorado January 2009
Metals
Under normal handling and use, solid forms of most metals present few health hazards. Metal fines
and metal dust may cause irritation of the eyes, skin, and respiratory system, and fine particles of
certain metals, including antimony, arsenic, beryllium, cadmium, chromium, copper, lead, nickel,
selenium, silver, thallium, or zinc, dispersed in the air can be an explosion and/or health hazard.
EPA has determined that releases of these metals with particles larger than 100 micrometers would
not normally require response action due to the unlikely inhalation of such large particles.
However, notification of the release of a reportable quantity of antimony, arsenic, beryllium,
cadmium, chromium, copper, lead, nickel, selenium, silver, thallium, or zinc is required if the mean
diameter of the particles released is less than 100 micrometers (0.004 inches). An exception to this
is a release of a metal classified as a radionuclide, which does not qualify for this exemption even if
the particles meet the size criteria.
Naturally Occurring Radionuclides
Notification of the release of naturally occurring radionuclides from large land holdings, like parks
or golf courses, is not required. EPA broadened this exemption to include land containing ore
reserves even if the undisturbed ores contain elevated natural concentrations of radionuclides, and
to land disturbance activities including farming, construction, and disturbance incidental to
extraction activities at all mines except uranium, phosphate, tin, zircon, hafnium, vanadium,
monazite, and rare earth mines. Land disturbance incidental to extraction activities includes land
clearing, overburden removal and stockpiling, and excavating, handling, transporting and storing
ores and other raw materials. Land disturbance incidental to extraction also includes replacing
materials in mined-out areas as long as those materials have not been processed and don't contain
elevated radionuclide concentrations. Notification of the release of naturally occurring
radionuclides from sites where coal and coal ash (fly ash, bottom ash, boiler slag) are stored or
disposed is also not required.
Federally Permitted Releases
Releases that are regulated under one or more of the following programs are exempt from CERCLA
and EPCRA reporting requirements:
permitted discharges under the National Pollutant Discharge Elimination System (NPDES);
permitted dredge and fill discharges under Section 404 of the Clean Water Act;
permitted and interim status hazardous waste units under the Resource Conservation and
Recovery Act;
permitted discharges under the Marine Protection, Research and Sanctuaries Act;
permitted injection of fluids under the Underground Injection Control (UIC) program in
accordance with the Safe Drinking Water Act;
air emissions subject to permit or control regulations under the Clean Air Act;
permitted or allowed injection of fluids to develop crude oil or natural gas supplies;
discharges of contaminants to Publicly Owned Treatment Works (POTW) if in compliance
with pretreatment requirements under the Clean Water Act;
releases of certain nuclear materials if in compliance with a license, permit, regulation or
order issued in accordance with the Atomic Energy Act.
Registered Pesticides
The normal application of a pesticide product registered under the Federal Insecticide, Fungicide
and Rodenticide Act (FIFRA) is exempt from CERCLA and EPCRA reporting. This exemption
includes the handling and storage of the product by an agricultural producer, but does not include
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Reporting Environmental Releases in Colorado January 2009
any spills of the pesticide. Pesticide spills are reportable if the amount spilled meets or exceeds the
reportable quantity.
Continuous Releases
A continuous release is a release that occurs without interruption or abatement or that is routine,
anticipated, intermittent, and incidental to normal operations or treatment processes. When a
release of this type occurs, officials do not have to be notified each time. Instead, the facility can
report it as a continuous release to the National Response Center, the Colorado Emergency Planning
Commission and the Local Emergency Planning Committee(s) by telephone. This should be
followed by a written report submitted to EPA Region 8, the Colorado Department of Public Health
and Environment and the Local Emergency Planning Committee within 30 days of the initial
telephone call. The written report should provide information about the source, composition, and
normal range of the release. Periodic follow-up reports may also be required. Any release that
exceeds the normal range (called a “statistically significant increase”) must be reported immediately
to the National Response Center, the Colorado Department of Public Health and Environment and
the Local Emergency Planning Committee as if they were new release events. The normal range is
determined by the amount of a hazardous substance released over any 24-hour period under normal
operating conditions during the preceding year. Only releases that are both continuous and stable in
quantity and rate can be included in the normal range.
Continuous release of an extremely hazardous substance that is not a CERCLA hazardous substance
need only be reported to the Colorado Department of Public Health and Environment and the Local
Emergency Planning Committee. A written report should also be sent to these two agencies within
30 days and any statistically significant increases in the release should be reported to both agencies.
Periodic follow-up reports may also be required.
C. Resource Conservation and Recovery Act (RCRA)
All Resource Conservation and Recovery Act (RCRA) listed and characteristic hazardous wastes
are designated as hazardous substances under the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA). For more information on listed and characteristic
hazardous wastes, please review the Hazardous Waste Identification Guidance Document from the
Hazardous Materials and Waste Management Division (http://www.cdphe.state.co.us/hm/hwid.pfd).
The reportable quantity for F- and K-listed hazardous wastes is based on the hazardous waste code.
If the composition and concentrations of all included constituents is not known, the reportable
quantity would be as listed for the waste code in 40 CFR Section 302.4. If the waste is analyzed
and the concentrations of ALL of its hazardous constituents are identified, then reportable quantities
of the specific constituents can be used to determine when reporting is required. For example, if a
release of an F005 listed hazardous waste occurred and the concentrations of the constituents
making up the waste were unknown, the reportable quantity would be 100 pounds. If it were known
that the F005 waste was comprised of 50% toluene (reportable quantity 1000 pounds) and 50%
methyl ethyl ketone (reportable quantity 5000 pounds), then the release would be reported when
2000 pounds of the mixture were released. [Since the reportable quantity for toluene is less than
that for methyl ethyl ketone, the amount of toluene released will determine when the release must
be reported. Since the mixture is 50% toluene, it would take 2000 pounds of the mixture to meet
the reportable quantity of 1000 pounds for toluene.]
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Reporting Environmental Releases in Colorado January 2009
P- and U-listed hazardous wastes are reported based on the reportable quantity for the hazardous
substance that the waste is listed for. For example, the reportable quantity for hazardous waste code
U122 (formaldehyde) is 100 pounds. For the purposes of release reporting, it doesn't matter if the
formaldehyde is used or unused or is the "sole active ingredient" in order to be reportable. (Related
note: Colorado's hazardous waste regulations (6 CCR 1007-3) do not include the footnote regarding
sole active ingredients. In Colorado, chemicals may have more than one active ingredient and still
meet the listing description.)
All RCRA listed and characteristic
hazardous wastes are designated
as hazardous substances under
CERCLA.
Unlisted hazardous wastes exhibiting the characteristics of
ignitability, corrosivity and/or reactivity have a reportable
quantity of 100 pounds unless the concentrations of all the
constituents in the waste are known. If the waste is analyzed
and the concentrations of ALL its hazardous constituents are
identified, the reportable quantities of the specific constituents should be used to determine when
reporting is required. For example, a corrosive-only waste of unknown composition has a
reportable quantity of 100 pounds. If the waste is analyzed to determine that it was a 50% solution
of hydrochloric acid in water, then the reportable quantity of the solution would be 10,000 pounds.
[The reportable quantity for hydrochloric acid is 5000 pounds. Therefore it would take 10,000
pounds of the 50% solution to meet the reportable quantity for hydrochloric acid.]
Unlisted hazardous wastes that exhibit toxicity have reportable quantities specific to the constituent
on which the characteristic of toxicity is based. The reportable quantity applies to the waste itself,
not just to the toxic contaminant. If an unlisted hazardous waste exhibits toxicity on the basis of
more than one contaminant, the reportable quantity for the waste is the lowest of the reportable
quantities for those contaminants. For example, if a waste exhibits toxicity characteristics for the
heavy metals lead (D008) and selenium (D010), with reportable quantities of 10 and 100 pounds
respectively, the reportable quantity would be 10 pounds of the waste, or the lower of the two
reportable quantities. If a waste exhibits a toxicity characteristic and one or more other hazardous
waste characteristics, the reportable quantity for that waste is the lowest of the applicable reportable
quantities.
These notification and reporting requirements are included in 40 CFR Part 302.
Permitted and Interim Status Treatment, Storage and Disposal Facilities and Large
Quantity Generators of Hazardous Waste
Large quantity generators of hazardous waste and hazardous waste treatment, storage and disposal
facilities (TSDF) are required to have and implement a contingency plan that describes the actions
facility personnel must take in response to fires, explosions, or any unplanned sudden or non-
sudden release of hazardous waste or hazardous waste constituents to air, soil, surface water or
groundwater at the facility. Whenever there is an imminent or actual emergency situation,
appropriate State and local agencies with designated response roles as described in the contingency
plan must be notified immediately. Appropriate local authorities and the National Response Center
or government official designated as the regional on-scene coordinator must be notified
immediately if the facility's emergency coordinator determines that the facility has had a release,
fire, or explosion that could threaten human health or the environment outside the facility. A
treatment, storage, and disposal facility's permit generally requires reporting to the Colorado
Department of Public Health and Environment – Hazardous Materials and Waste Management
Division of any release, fire or explosion, even if the amount of the release is less than an otherwise
reportable quantity.
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Reporting Environmental Releases in Colorado January 2009
The Department and local authorities must be notified when the facility is back in compliance and
ready to resume operations. In addition, the facility must send a written report to both the EPA
Regional Administrator and the Colorado Department of Public Health and Environment within 15
days of any incident that requires implementation of the facility contingency plan.
In the case of a release of hazardous waste stored in tanks, the facility must notify the Hazardous
Materials and Waste Management Division within 24 hours of a release to the environment of more
than one pound. A leak or spill of hazardous waste that is less than or equal to one pound from a
tank or tank system does not need to be reported if the release is immediately contained and cleaned
up. Within 30 days of the release, a written report must be submitted to the Division.
These notification and reporting requirements are included in 6 CCR 1007-3 Sections 264.56 and
265.56 and Sections 264.196(d) and 265.196(d).
D. Radiation Control
Releases of radionuclides are
reportable under CERCLA.
The state of Colorado has specific reporting requirements for stolen, lost or missing licensed or
registered sources of radiation. Each licensee or registrant must report to the Colorado Department
of Public Health and Environment by telephone in the event of lost, stolen or missing licensed or
registered radioactive materials, a lost, stolen, or missing radiation machine, releases of radioactive
materials, contamination events, and fires or explosions involving radioactive materials. Incidents
should be reported to the Radiation Incident Reporting Line. Based on the severity of the event,
notification may be required immediately, within 24 hours or within 30 days. A follow-up written
report must also be submitted to the Department within 30
days of initial notification. The licensee must also report any
additional substantive information regarding a loss or theft
incident within 30 days after learning of such information.
These release and notification requirements are contained in 6 CCR 1007-1 Sections 4.51 - 4.53.
E. Clean Water Act
The Clean Water Act (CWA) requires the person in charge of a facility or vessel to make an
immediate report to the National Response Center of discharges of harmful quantities of oil to
navigable waters as soon as they have knowledge of the release. In this case, oil means oil of any
kind or in any form including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil
mixed with wastes other than dredged spoil. Discharges of oil that violate applicable water quality
standards and those that cause a film, sheen or discoloration of the surface of the water or adjoining
shorelines, or cause a sludge or emulsion to be deposited beneath the surface of the water or on
adjoining shorelines must be reported. In effect, this means that any discharge of oil to waters of
the United States must be reported to the National Response Center. These release and notification
requirements are contained in 40 CFR Part 110.
The Clean Water Act (CWA) also requires the person in charge of a facility or vessel to report to
the National Response Center the discharge of a designated hazardous substance from the vessel or
facility to waters of the United States in quantities that equal or exceed the reportable quantity as
soon as they have knowledge of the release. Under the Act, the US EPA was directed to establish
reporting quantities for all hazardous substances listed in Table 116.4 A and B (40 CFR Part 116),
which were designated as hazardous substances in accordance with Section 311(b)(2)(A) of the
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Reporting Environmental Releases in Colorado January 2009
Clean Water Act. This designation includes any isomers and hydrates as well as any solutions and
mixtures containing these substances. Each of these substances is included in the CERCLA list of
hazardous substances (40 CFR Part 302 Table 302.4) and is assigned the reportable quantity listed
in Table 302.4 for that substance. These release and notification requirements are contained in 40
CFR Parts 116 and 117.
Under the Clean Water Act, anyone that has a National Pollutant Discharge Elimination System
(NPDES) permit must report to the National Response Center within 24 hours of becoming aware
of any unanticipated bypasses or upsets that cause an exceedance of the effluent limits in their
permit and any violation of their maximum daily discharge limits for any pollutant listed in the
permit. A written report must be provided within five days. Other instances of noncompliance
must be reported when monitoring reports are submitted.
The Clean Water Act also requires all industrial users of Publicly Owned Treatment Works
(POTWs) to notify their treatment plant immediately if they have a discharge that could cause
problems at the treatment plant.
These notification and reporting requirements are included in 40 CFR Parts 122 and 403.
State Requirements
A spill of any chemical, oil, petroleum product, sewage, etc., which may enter waters of the state of
Colorado (which include surface water, ground water, and dry gullies and storm sewers leading to
surface water) must be reported immediately to the Colorado Department of Public Health and
Environment. Any accidental discharge to the sanitary sewer system must be reported immediately
to the local sewer authority and the affected wastewater treatment plant. If a release occurs at a
mining operation, the Division of Reclamation, Mining and Safety should also be notified.
For more information regarding State reporting requirements under 25-8-601(2) CRS, please refer
to the “Guidance for Reporting Spills under the Colorado Water Quality Control Act and Colorado
Discharge Permits” adopted by the Water Quality Control Division. This policy is available at
http://www.cdphe.state.co.us/op/wqcc/Resources/Guidance/spillguidance.pdf.
F. Safe Drinking Water Act
The owner or operator of a public water system (community water systems, non-transient non-
community water systems, and transient non-community water systems) must immediately report
any credible threat to the water supply system to the Colorado Environmental Release and Incident
Reporting Line and to the local emergency manager. The local emergency manager may be the
county sheriff or a member of the fire department. A list of local emergency managers is available
from the Colorado Department of Local Affairs.
G. Clean Air Act
Hazardous air pollutants (HAPs) listed in Section 112(b) of the Clean Air Act (CAA) are designated
as hazardous substances under the Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA). Hazardous air pollutants are known or suspected to cause cancer or other
serious health effects or adverse environmental effects. Health effects can include immunological,
neurological, reproductive, developmental, and respiratory problems. In some cases, hazardous air
10
Reporting Environmental Releases in Colorado January 2009
pollutants can be deposited onto soils or other surfaces, where they are taken in by plants and
animals and can accumulate in organic tissue or pass up the food chain due to the inability of
organisms to process the substance.
The release (or air emission) of a hazardous air pollutant that is allowed and less than any limit
specified in a facility's air permit is considered to be a federally permitted release. If the facility
releases more than is allowed under its air permit within a 24 hour period, the facility must report
the release if the quantity released exceeded the facility's permitted level by a reportable quantity or
more. For example, if a facility has an air permit that allows the release of 30 pounds of a
hazardous substance and that substance has a reportable quantity of 100 pounds, the facility would
have to report all releases of 130 pounds or more of that substance. Releases of less than 130
pounds would not need to be reported under CERCLA or EPCRA because even though the facility
exceeded its permit limit, the amount released did not exceed the permitted level by its reportable
quantity (in this case, 100 pounds) or more. If the air permit does not allow or does not specify the
release of a hazardous air pollutant, then releases in excess of the CERCLA / EPCRA reportable
quantity for that substance must be reported. Please be aware that other reporting requirements are
triggered, however, based on the facility's air permit. The Clean Air Act (CAA) requires that
permits for stationary air sources have language requiring prompt reporting of any emergencies,
upsets and deviations from what is allowed in the permit. Releases must be reported to the National
Response Center and to the Colorado Department of Public Health and Environment. Contact the
Air Pollution Control Division for details on additional air-related requirements that may also apply.
Hazardous air pollutants are included in the CERCLA list of hazardous substances in 40 CFR Part
302 and are assigned the reportable quantity listed in Table 302.4 for each substance.
State Requirements
In the case of excess emissions during an emergency or malfunction, the owner or operator must
notify the Colorado Department of Public Health and Environment as soon as possible, but no later
than noon of the next working day, and provide a written follow-up report to the Air Pollution
Control Division by the end of the facility’s next reporting period.
These notification and reporting requirements are included in 5 CCR 1001-2 Section II.E and 5
CCR 1001-5, Regulation 3 Part C, Section VII.C.
H. Underground Storage Tanks (USTs) and Aboveground Storage Tanks
(ASTs)
The reportable quantity for petroleum
from a regulated storage tank system
is 25 gallons.
Owners and operators of regulated storage tank systems
must report a release or suspected release of regulated
substances to the Division of Oil and Public Safety at the
Colorado Department of Labor and Employment within 24
hours by telephone or facsimile. If outside normal working hours or on a weekend or holiday and
emergency assistance is needed, the release can be reported to the Colorado Environmental Release
and Incident Reporting line at the Colorado Department of Public Health and Environment. Any
suspected release or release of unknown quantity is a reportable quantity unless the owner/operator
can conclusively show the release is less than the reportable quantity for the released substance.
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Reporting Environmental Releases in Colorado January 2009
Under this program, the reportable quantity for petroleum releases is 25 gallons or more from
regulated aboveground and underground storage tank systems, or any amount that causes a sheen on
nearby surface water. This is interpreted to include releases from fuel pumps and fuel delivery
trucks while connected to the petroleum storage tank system. Releases of less than 25 gallons from
regulated petroleum storage tank systems, or a release of a hazardous substance that is less than the
CERCLA reportable quantity, do not need to be reported to the Division of Oil and Public Safety if
they are immediately contained and cleaned up. If cleanup cannot be accomplished within 24
hours, the Division of Oil and Public Safety must be notified immediately.
Spills or releases of hazardous substances in excess of the CERCLA reportable quantity from
regulated underground storage tanks must also be reported to the National Response Center and the
local fire authority immediately. Any release, regardless of quantity, that has or may impact waters
of the state (including surface water, groundwater, dry gullies leading to surface water or storm
sewers) must also be reported to the Colorado Environmental Release and Incident Reporting line
immediately.
These notification and reporting requirements are included in 7 CCR 1101-14 Article 4, 8-20.5-208
CRS and 25-8-601 CRS.
I. Hazardous Materials Transportation
Highway, Aircraft, Rail and Vessel
Federal hazardous materials transportation regulations cover the transportation of hazardous
materials by highway, aircraft, rail, and vessel. Transportation includes activities related to
transportation like loading, unloading, and temporary storage. "Hazardous material" includes
hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials as
defined in 49 CFR Section 171.8, materials designated as hazardous in the Hazardous Materials
Table in 49 CFR Section 172.101 and materials that meet the criteria for hazardous classes and
division in 49 CFR Part 173.
The person in physical possession of the hazardous material during transportation must notify the
National Response Center as soon as practical, but not more than 12 hours after an incident, if as a
direct result of a hazardous material:
a person is killed or is injured and requires hospitalization,
there is an evacuation of the general public that lasts more than an hour,
a major transportation artery or facility is shut down for an hour or more,
the operational flight pattern or routine of an aircraft is altered,
there is fire, breakage, spillage, or suspected contamination involving a radioactive material,
there is fire, breakage, spillage, or suspected contamination involving an infectious
substance other than a regulated medical waste,
there is a release of a marine pollutant in a quantity exceeding 119 gallons for liquids or 882
pounds for solids,
or any situation that, in the judgment of the person in possession of the hazardous material,
should be reported even though it doesn't meet the above criteria.
Notice of incidents involving an infectious substance may be given to the Director of the Centers
for Disease Control and Prevention (1-800-232-0124) instead of notifying the National Response
Center.
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Reporting Environmental Releases in Colorado January 2009
The person in possession of the hazardous material at the time of the incident must submit a written
report within 30 days of the incident to the US Department of Transportation. In addition, a written
report must be submitted if there is an unintentional release of a hazardous material or the discharge
of any quantity of hazardous waste even though verbal notification may not be required. If the
incident involves air transportation, a copy of the report must also be submitted to the Federal
Aviation Administration Security Field Office nearest the location of the incident.
These notification and reporting requirements are included in 49 CFR Sections 171.15 and 171.16.
State Requirements
The State also has specific requirements for reporting incidents involving hazardous materials or
nuclear materials as cargo during transportation. The driver of a motor vehicle involved in a spill of
hazardous material from a fuel tank that provides fuel for the vehicle and/or equipment on that
vehicle must immediately notify the nearest law enforcement agency. The driver of a vehicle
transporting nuclear or hazardous materials as cargo that is involved in a spill, or an incident which
may result in a potential spill, must immediately notify the nearest law enforcement agency. As
soon as possible after the initial notification of the spill or incident to the nearest law enforcement
agency, the driver or a company representative must notify the Colorado State Patrol and the 24-
hour Colorado Environmental Release and Incident Reporting Line. In addition, the driver of a
motor vehicle transporting nuclear materials as cargo must immediately notify the Colorado State
Patrol if the vehicle is involved in a crash, whether or not there is damage to the vehicle.
Report releases along a highway to the
National Response Center, nearest local
law enforcement agency, Colorado State
Patrol, and Colorado Environmental
Release and Incident Reporting Line.
If the incident involves the release of hazardous
waste, the transporter must notify the Colorado
Department of Public Health and Environment and
report the ultimate disposition of the waste to the
Department in addition to the notifications above. In
the event of a spill of hazardous waste at a transfer
facility, the transporter must notify the Colorado Department of Public Health and Environment
within 24 hours of a spill exceeding 55 gallons or if there is a fire or explosion. A written report
must be sent to the Department within 15 days after the incident.
These notification and reporting requirements are included in 8 CCR 1507-25 Parts I and IV and 6
CCR 1007-3 Part 263.
Pipelines
In Colorado, the US Department of Transportation Office of Pipeline Safety inspects, regulates, and
enforces interstate gas pipeline safety requirements. They also inspect, regulate, and enforce both
intra- and interstate liquid pipeline safety requirements in this state. Through certification by the
Office of Pipeline Safety, the Gas Pipeline Safety Division of the Colorado Public Utilities
Commission regulates, inspects, and enforces intrastate gas pipeline safety requirements. Pipeline
facilities include transmission, distribution, regulated gathering, master metered, liquefied natural
gas, and propane gas systems. Be aware that these regulations are primarily for pipeline safety. Be
sure to review other environmental release reporting requirements.
Hazardous Liquids and Carbon Dioxide
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Reporting Environmental Releases in Colorado January 2009
Federal hazardous materials transportation regulations cover the transportation of hazardous liquids
and carbon dioxide by pipeline. In this case, hazardous liquid is limited to petroleum, petroleum
products, and anhydrous ammonia in a non-gaseous state. Petroleum includes crude oil,
condensate, natural gasoline, natural gas liquids, and liquefied petroleum gas. Petroleum product
includes flammable, toxic or corrosive products obtained from distilling and processing of crude oil,
unfinished oils, natural gas liquids, blend stocks, and other miscellaneous hydrocarbon compounds.
As early as practicable following discovery of a release of a hazardous liquid or carbon dioxide
from a pipeline system, the operator must notify the National Response Center by telephone if:
a person is killed or is injured and requires hospitalization,
there is a fire or explosion not intentionally set by the operator,
there is estimated property damage (including cost of cleanup and recovery, value of lost
product, and damage to property) exceeding $50,000,
there is pollution of any stream, river, reservoir, or other body of water that violated
applicable water quality standards, caused a discoloration of the surface of the water or
adjoining shoreline, or deposited a sludge or emulsion beneath the surface of the water or
adjoining shoreline, or
there is any situation that, in the judgment of the operator, should be reported even though it
doesn't meet the above criteria.
A written accident report must be submitted to the US Department of Transportation Office of
Pipeline Safety as soon as practicable, but not later than 30 days after discovery of a release. A
supplemental report must be submitted within 30 days if the operator receives any updates or
additions to the information originally reported.
These notification and reporting requirements are included in 49 CFR Part 195.
Natural Gas and Liquefied Natural Gas
Federal hazardous materials transportation regulations also cover the transportation of natural gas
by pipeline and activities occurring at a liquefied natural gas (LNG) facility where natural and
synthetic gas are liquefied, transferred or stored.
As early as practicable following discovery of a release of gas from a pipeline or of liquefied natural
gas or gas from a liquefied natural gas facility, but generally not to exceed two hours after
discovery, the operator must notify the National Response Center and the Colorado Public Utilities
Commission Gas Pipeline Safety Section by telephone if:
a person is killed or is injured and requires hospitalization,
there is estimated property damage (including value of lost product and damage to property)
of $50,000 or more,
there is an event that results in an emergency shutdown of a liquefied natural gas facility, or
there is any situation that, in the judgment of the operator, should be reported even though it
doesn't meet the above criteria.
As early as practicable, but not later than 30 days after discovery and verbal report of a release, the
operator must submit a written report to the US Department of Transportation Office of Pipeline
Safety. A supplemental report must be submitted within 30 days if the operator receives relevant
updates or additions to the information originally reported.
14
Reporting Environmental Releases in Colorado January 2009
These notification and reporting requirements are included in 49 CFR Part 191 and 4 CCR 723-4
Sections 4900 - 4914.
State Requirements
If there is a leak on a gas pipeline, a liquefied natural gas system, a master meter system, or a
propane system that results in the evacuation of 50 or more people from a normally occupied
building or results in the closure of a roadway, the operator must contact the Colorado Public
Utilities Commission Gas Pipeline Safety Section by telephone within two hours of discovery.
This notification requirement is contained in 4 CCR 723-4 Section 4911.
J. Oil and Gas Exploration and Production
Federal oil and gas lease surface operations are managed by the US Department of the Interior
Bureau of Land Management (BLM) in cooperation with the appropriate Federal surface
management agency or non-Federal surface owner. On National Forest System lands, the Forest
Service has approval authority for the surface use portion of Federal oil and gas operations and for
appeals related to Forest Service decisions and approvals. The BLM considers the Bureau of Indian
Affairs to be the surface management agency for all Indian lands unless a Tribe has contracted the
Bureau of Indian Affairs realty function for its lands.
“… All spills or leakages of oil, gas, salt water, toxic liquids or waste materials, blowouts, fires,
personal injuries, and fatalities shall be reported by the operator to the BLM and the surface
management agency in accordance with the requirements of Notice to Lessees NTL-3A; Reporting
of Undesirable Events, and in accordance with any applicable local requirements.
The BLM requires immediate reporting of all Class I major events, such as spills of more than 100
barrels of fluid/500 MCF of gas released; fires that consume 100 bbl or more oil or 500 MCF gas;
life threatening or fatal injury/loss of well control; release of reportable quantities of hazardous
substances; spill, venting, or fire in sensitive areas, such as parks, recreation sites, wildlife refuges,
lakes, reservoirs, streams, and urban or suburban areas” … “Volumes discharged during any of the
above incidents will be estimated as necessary. Operators must take immediate action to prevent
and control spills and the BLM, the surface management agency, and other applicable regulatory
authorities must be consulted prior to treating or disposing of wastes and spills. Operators should
become familiar with local surface management agency requirements for reporting and managing
spills and leaks. …” (BLM “The Gold Book,” Fourth Edition, Revised 2007)
State Requirements
Spills and releases of Exploration and Production (E&P) waste and produced fluids should be
controlled and contained immediately upon discovery. Impacts resulting from spills and releases
should be investigated and cleaned up as soon as practicable.
If there is a spill or release of more than 20 barrels of
E&P waste, it must be verbally reported to the Colorado
Oil and Gas Conservation Commission (COGCC) as soon
as practicable, but not more than 24 hours after discovery.
If there is a spill or release of any size that impacts or
The rules and regulations for oil and
gas exploration and production have
recently been revised. Most of these
changes become effective May 1,
2009 on federal land and April 1, 2009
on all other land.
15
Reporting Environmental Releases in Colorado January 2009
16
could impact waters of the state, a residence or an occupied structure, livestock or a public byway, it
must be verbally reported to the Colorado Oil and Gas Conservation Commission as soon as
practicable, but not more than 24 hours after discovery. Spills or releases of any size that impact or
threaten to impact any surface water supply area must be reported to the Colorado Oil and Gas
Conservation Commission and to the Colorado Environmental Release and Incident Reporting Line.
If the release impacts or threatens to impact a surface water intake, it must be verbally reported to
the emergency contact for that facility immediately after discovery. The operator must notify the
affected surface owner or their appointed tenant of all reportable spills as soon as practicable, but
not more than 24 hours after discovery.
Chemical spills and releases must be reported in accordance with all applicable state and federal
laws, including the Emergency Planning and community Right-to-Know Act (EPCRA), the
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Oil
Pollution Act, and the Clean Water Act.
Releases of more than 5 barrels of E&P waste, and all other reportable releases, must also be
reported on COGCC Form 19 and submitted to the Colorado Oil and Gas Conservation
Commission within 10 days after discovery of the release.
These notification requirements are contained in the Colorado Oil and Gas Conservation
Commission 900-Series Rules.
K. Polychlorinated Biphenyls
Polychlorinated biphenyls (PCBs) are managed under the Toxic Substances Control Act.
Substances with concentrations greater than or equal to 50 parts per million PCBs are regulated
under 40 CFR Part 761, which is implemented by the US Environmental Protection Agency. If a
spill of the substance directly contaminates surface water, sewers, drinking water supplies, grazing
lands, or vegetable gardens and/or the spill exceeds 10 pounds of PCBs by weight, the responsible
party must notify the EPA within 24 hours. In Colorado, contact the Region 8 Emergency Response
Spill Report Line. If the spill involves 10 pounds or less of PCBs and does not involve any of these
resources, the spill must still be cleaned up, but notification to EPA isn't required. Unless
commingled with a hazardous waste, releases of substances containing less than 50 parts per million
PCBs are regulated under Colorado's solid waste regulations 6 CCR 1007-2. The solid waste
regulations do not have specific release reporting requirements at this time.
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) has set
the reportable quantity for PCBs at one (1) pound. Any release of oil or other substance containing
greater than or equal to one pound of PCBs must be reported to the National Response Center as
soon as the release is discovered. In addition, if the release impacts waters of the state of Colorado,
the release must be reported as per the Water Quality Control Division’s reporting policy (see
“Guidance for Reporting Spills under the Colorado Water Quality Control Act and Colorado
Discharge Permits”, http://www.cdphe.state.co.us/op/wqcc/Resources/Guidance/spillguidance.pdf).
Reporting Environmental Releases in Colorado January 2009
Abbreviations & Definitions
CAA – Clean Air Act
CCR – Code of Colorado Regulations
CDPHE – Colorado Department of Public Health and Environment
CEPC – Colorado Emergency Planning Commission
CERCLA – Comprehensive Environmental Response, Compensation and Liability Act
CFR – Code of Federal Regulations
CRS – Colorado Revised Statues
CWA – Clean Water Act
EPA – United States Environmental Protection Agency
EPCRA – Emergency Planning and Community Right-to-Know Act
LEPC – Local Emergency Planning Committee
NRC – National Response Center
RCRA – Resource Conservation and Recovery Act
SERC – State Emergency Response Commission
SDWA – Safe Drinking Water Act
EPA's List of Lists is a compendium of the lists of chemicals subject to reporting requirements
under the Emergency Planning and Community Right-to-Know Act (EPCRA), the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA) and chemicals listed under
section 112(r) of the Clean Air Act (CAA). Lists are also provided of Resource Conservation and
Recovery Act (RCRA) hazardous wastes and radionuclides reportable under the Comprehensive
Environmental Response, Compensation and Liability Act. These lists should be used as reference
tools, not as a definitive source of compliance information. Reporting requirements for the
Emergency Planning and Community Right-to-Know Act and the Comprehensive Environmental
Response, Compensation and Liability Act are published in the Code of Federal Regulations (CFR),
40 CFR Parts 302 and 355 respectively. Compliance information for the Clean Air Act section
112(r) is published in 40 CFR Part 68. The List of Lists is available on the Internet at
http://yosemite.epa.gov/oswer/lol.nsf/homepage.
Exploration and production (E&P) wastes are associated with operations to locate or remove oil
or gas from the ground or to remove the impurities from oil or gas.
Extremely Hazardous Substances (EHS) are chemicals that present the most serious hazards
during release (in terms of toxicity, reactivity, volatility, combustibility, and flammability) and are
regulated under the Emergency Planning and Community Right-To-Know Act (EPCRA). The
extremely hazardous substances list consists of approximately 360 substances and is included in
EPA’s List of Lists.
Facility means any building, equipment, structure, installation, containment structure, pipe, other
stationary feature, motor vehicle, rolling stock, or aircraft. Facility also includes any site where a
hazardous substance is or has been located.
Hazardous Materials are chemicals posing a hazard to human health or the environment when
transported (49 USC 5103). They include hazardous substances, hazardous wastes, marine
pollutants, elevated temperature materials, all materials in the Hazardous Materials Table (49 CFR
172.101), and materials meeting the criteria for hazard classes in part 173 of subchapter C of 49
CFR 172.101.
17
Reporting Environmental Releases in Colorado January 2009
18
Hazardous Substances are chemicals posing a hazard to human health or the environment and are
regulated under the Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA). The hazardous substance list is included in EPA’s List of Lists.
Reportable Quantity (RQ) is a term that applies to the amount of hazardous substances or
extremely hazardous substances released within a 24-hour period. Note that the 24-hour period is
the time frame for measuring the quantity released, not the time frame for reporting a release.
Threshold Planning Quantity (TPQ) is a term that applies to the amount of an extremely
hazardous substance that must be present onsite in concentrations greater than 1% by weight of a
compound or mixture at which the facility must meet all emergency planning requirements. If not
also listed as a CERCLA hazardous substance, extremely hazardous substances have a reportable
quantity equal to the threshold planning quantity for that substance.
“Waters of the State of Colorado” are any and all surface waters and subsurface waters
(groundwater) that are contained in or flow in or through the state of Colorado. This includes lakes,
rivers, streams, creeks, wetlands, irrigation ditches, storm drains, livestock ponds, borrow ditches,
and dry gullies. This does not include waters in sewage systems, waters in treatment works of
disposal systems, waters in potable water distribution systems, or water withdrawn for use until use
and treatment have been completed.
APPENDIX F
Inactivation and Reassignment Forms
Colorado Water Quality Control Division Notice of Termination
Construction Stormwater Inactivation Notice
www.coloradowaterpermits.com
Page 1 of 2 form last revised May 2010
Print or type all information. All items must be filled out completely and correctly. If the form is not complete, it
will be returned. All permit terminations dates are effective on the date approved by the Division.
MAIL ORIGINAL FORM WITH INK SIGNATURES TO THE FOLLOWING ADDRESS:
Colorado Dept of Public Health and Environment
Water Quality Control Division
4300 Cherry Creek Dr South, WQCD-P-B2
Denver, CO 80246-1530
FAXED OR EMAILED FORMS WILL NOT BE ACCEPTED.
PART A. IDENTIFICATION OF PERMIT Please write the permit certification number to be terminated
Permit Certification Number (four digits, not “0000”): COR03 __ __ __ __
PART B. PERMITTEE INFORMATION
Company Name
Mailing Address
City State Zip code
Legal Contact Name Phone number
Title Email
PART C. FACILITY/PROJECT INFORMATION
Facility/Project Name
Location (address)
City County Zip code
Local Contact Name Phone number
Title Email
COLORADO WATER QUALITY CONTROL DIVISION NOTICE OF TERMINATION www.coloradowaterpermits.com
Page 2 of 2 form last revised May 2010
PART D. TERMINATION VALIDATION CRITERIA
One of the criteria (1,2, or 3) below must be met, the appropriate box checked, and the required
additional information provided. Part E includes a certification that the criteria indicated has been met.
1: FINALLY STABILIZED OR CONSTRUCTION NOT STARTED - The permitted activities covered under the
certification listed in Part A meet the requirements for FINAL STABILIZATION in accordance with the permit, the
Stormwater Management Plan, and as described below. This criterion should also be selected if construction was never
started and no land was disturbed, and an explanation of this condition provided in the description below.
Final stabilization is reached when: all ground surface disturbing activities at the site have been completed including
removal of all temporary erosion and sediment control measure, and uniform vegetative cover has been established with
an individual plant density of at least 70 percent of predisturbance levels, or equivalent permanent, physical erosion
reduction methods have been employed.
REQUIRED - Describe the methods used to meet the final stabilization c described above (include additional pages if
necessary)
2: ALTERNATIVE PERMIT COVERAGE OR FULL REASSIGNMENT - All ongoing construction activities,
including all disturbed areas, covered under the permit certification listed in Part A have coverage under a separate CDPS
stormwater construction permit, including the permit certification issued when Division’s Reassignment Form was used
by the permittee to reassign all areas/activities.
REQUIRED – Provide the permit certification number covering the ongoing activities: COR03 __ __ __ __
3: PERMITTEE IS NO LONGER THE OWNER/OPERATOR of the site and all efforts have been made to transfer
the permit to appropriate parties. Please attach copies of registered mail receipt, letters, etc.
STOP!
One of the three criteria above MUST BE CHECKED and the required information for that criterion
provided, or this form will not be processed and the permit will remain active.
PART E. CERTIFICATION SIGNATURE (Required for all Termination Requests)
I understand that by submitting this notice of inactivation, I am no longer authorized to discharge stormwater associated with
construction activity by the general permit. I understand that discharging pollutants in stormwater associated with construction
activities to the waters of the State of Colorado, where such discharges are not authorized by a CDPS permit, is unlawful under
the Colorado Water Quality Control Act and the Clean Water Act.
I certify under penalty of law that I have personally examined and am familiar with the information submitted herein, and based
on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true,
accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility
of fine and imprisonment. (See 18 U.S.C 1001 and 33 U.S.C. 1319.)
I also certify that I am a duly authorized representative of the permittee named in Part B.
Signature of Legally Responsible Party Date Signed
Name (printed) Title
Signatory requirements: This form shall be signed, dated, and certified for accuracy by the permittee in accordance with the following criteria:
1. In the case of a corporation, 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 operation from which the discharge described herein 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 operation, by wither a principal executive officer, ranking elected official, or other duly authorized
employee.
For Agency Use Only
Permit Number Assigned
COR03-______________
Date Received ____/____/____
Month Day Year
NOTICE OF REASSIGNMENT OF PERMIT COVERAGE AND GENERAL PERMIT APPLICATION
STORMWATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITIES
PHOTO COPIES, FAXED COPIES, PDF COPIES OR EMAILS WILL NOT BE ACCEPTED.
Please print or type. Original signatures are required. This application must be considered complete by the Division prior to initiation
of permit processing. The Division will notify the applicant if additional information is needed to complete the application. If more space is
required to answer any question, please attach additional sheets to the application form. Applications must be mailed or delivered to:
Colorado Department of Public Health and Environment
Water Quality Control Division
4300 Cherry Creek Drive South
WQCD-P-B2
Denver, Colorado 80246-1530
**Part I of the application beginning below is to be filled out by the new permit applicant that will be assuming permitting
liability for the reassigned portion of the original applicant’s site.
**Part II of the application, starting on page 3 of the form, is to be completed by the current permittee.
Both Parts I (pages 1-4) and II (page 5) must be completed.
EXISTING CERT **__________________ (from Part II)
** NOTE: THIS WILL CREATE A NEW PERMIT FOR PART 1 APPLICANT. THE EXISTING PERMIT WILL NOT BE
TERMINATED. THIS IS NOT A TRANSFER FORM.
PART I - To be completed by the New permit applicant:
I hereby accept the reassignment of permit coverage for the area described in this application. I have reviewed the terms and
conditions of this permit and the Stormwater Management Plan and accept full responsibility, coverage and liability
REASSIGNMENT WILL BE EFFECTIVE _____________________________
MONTH/ DAY/ YEAR
Applicant is : Property Owner Contractor/Operator
A. CONTACT INFORMATION - NOT ALL CONTACT TYPES MAY APPLY * indicates required
*PERMITTEE (If more than one please add additional pages)
*ORGANIZATION FORMAL NAME:
1) *PERMITTEE the person authorized to sign and certify the permit application. This person receives all
permit correspondences and is legally responsible for compliance with the permit.
Responsible Position (Title): ___________________________________________
Currently Held By Person):___________________________________________________________
Telephone No:__________________________________ email address__________________________________
Organization:
Mailing Address:
City:_ State: Zip:
This form must be signed by the Permittee to be considered complete.
Per Regulation 61 In all cases, it shall be signed as follows:
a) In the case of corporations, by a responsible corporate officer. For the purposes of this section, the responsible
corporate officer is responsible for the overall operation of the facility from which the discharge described in the
application originates.
b) In the case of a partnership, by a general partner.
c) In the case of a sole proprietorship, by the proprietor.
d) In the case of a municipal, state, or other public facility, by either a principal executive officer or ranking elected official
Application Part 1 page 1of 4 updated 4/2011
2) DMR COGNIZANT OFFICIAL (i.e. authorized agent) the person or position authorized to sign and certify reports required by the
Division including Discharge Monitoring Reports *DMR’s, Annual Reports, Compliance Schedule submittals, and other information
requested by the Division. The Division will transmit pre-printed reports (ie. DMR’s) to this person. If more than one, please add
additional pages. Same As 1) Permittee
Responsible Position (Title):____________________________________________________
Currently Held By (Person):__________________________________________________
Telephone No:_______________________________ email address____________________________________
Organization:_______________________________________________________________
Mailing Address: ____________________________________________________________
City:_ State: Zip: _______________________
Per Regulation 61 : All reports required by permits, and other information requested by the Division shall be signed by the
permittee or by a duly authorized representative of that person. A person is a duly authorized representative only if: (i) The
authorization is made in writing by the permittee
(ii) 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
(iii) The written authorization is submitted to the Division
3) *SITE CONTACT local contact for questions relating to the facility & discharge authorized by this permit for the facility.
Same As 1) Permittee
Responsible Position (Title):____________________________________________________
Currently Held By (Person):__________________________________________________
Telephone No:_______________________________ email address____________________________________
Organization:_______________________________________________________________
Mailing Address: ____________________________________________________________
City:_ State: Zip: _______________________
4) * BILLING CONTACT if different than the permittee
Responsible Position (Title):____________________________________________________
Currently Held By (Person):__________________________________________________
Telephone No:_______________________________ email address____________________________________
Organization:_______________________________________________________________
Mailing Address: ____________________________________________________________
City:_ State: Zip: _______________________
5) OTHER (Please describe)_____________________________________________________
Responsible Position (Title):____________________________________________________
Currently Held By (Person):__________________________________________________
Telephone No:_______________________________ email address____________________________________
Organization:_______________________________________________________________
Mailing Address: ____________________________________________________________
City:_ State: Zip: _______________________
Application Part 1 page 2 of 4 updated 4/2011
B. Permitted Project/Facility Information
Project/Facility Name
Street Address or cross streets
City, Zip Code
County
Facility Latitude/Longitude— (approximate center of site to nearest 15 seconds using one of following formats
001A Latitude . Longitude . (e.g., 39.703°, 104.933°’)
degrees (to 3 decimal places) degrees (to 3 decimal places)
or
001A Latitude º ’ " Longitude º ’ " (e.g., 39°46'11"N, 104°53'11"W)
degrees minutes seconds degrees minutes seconds
C. MAP (Attachment)
Map: Attach a map that indicates the site location and that CLEARLY shows the boundaries of the area that will
be disturbed. Maps must be no larger than 11x17 inches.
D. LEGAL DESCRIPTION
Legal description: If subdivided, provide the legal description below, or indicate that it is not applicable (do not
supply Township/Range/Section or metes and bounds description of site)
Subdivision(s): Lot(s): Block(s):
OR
□ Not applicable (site has not been subdivided)
E. AREA OF CONSTRUCTION SITE
Total area of project site (acres):
Area of project site to undergo disturbance (acres):
Total disturbed area of Larger Common Plan of Development or Sale, if applicable:
(i.e., total, including all phases, filings, lots, and infrastructure not covered by this application)
F. NATURE OF CONSTRUCTION ACTIVITY
Check the appropriate box(s) or provide a brief description that indicates the general nature of the construction
activities. (The full description of activities must be included in the Stormwater Management Plan.)
□ Single Family Residential Development
□ Multi-Family Residential Development
□ Commercial Development
□ Oil and Gas Production and/or Exploration
(including pad sites and associated infrastructure)
□ Highway/Road Development
(not including roadways associated with commercial or residential development)
□ Other, Describe:
G. ANTICIPATED CONSTRUCTION SCHEDULE
Construction Start Date: Final Stabilization Date:
Application Part 1 page 3 of 4 updated 4/2011
NOTICE OF REASSIGNMENT OF PERMIT COVERAGE AND GENERAL PERMIT APPLICATION
STORMWATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITIES
Application Part 1 page 4 of 4 updated 4/2011
H. RECEIVING WATERS
(If discharge is to a ditch or storm sewer, include the name of the ultimate receiving waters)
Immediate Receiving Water(s):
Ultimate Receiving Water(s):
I. REQUIRED SIGNATURES (Both parts i. and ii. must be signed)
Signature of Applicant: The applicant must be either the owner and/or operator of the construction site.
Refer to Part B of the instructions for additional information. The application must be signed by the
applicant to be considered complete. In all cases, it shall be signed as follows:
a) 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 application originates.
b) In the case of a partnership, by a general partner.
c) In the case of a sole proprietorship, by the proprietor.
d) 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 if such representative is responsible for
the overall operation of the facility from which the discharge described in the form originates.
STOP!:A Stormwater Management Plan must be completed prior to signing the following certifications!
i. Stormwater Management Plan Certification
“I certify under penalty of law that a complete Stormwater Management Plan, as described in Appendix A of this
application, has been prepared for my activity. Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the information, the Stormwater Management Plan is,
to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for falsely certifying the completion of said SWMP, including the possibility of fine and imprisonment for
knowing violations.”
XX
Signature of Legally Responsible Person or Authorized Agent (submission must include original signature) Date Signed
Name (printed) Title
ii. Signature of Permit Legal Contact
“I certify under penalty of law that I have personally examined and am familiar with the information submitted in this
application and all attachments and that, based on my inquiry of those individuals immediately responsible for
obtaining the information, I believe that the information is true, accurate and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fine or imprisonment.
“I understand that submittal of this application is for coverage under the State of Colorado General Permit for
Stormwater Discharges Associated with Construction Activity for the entirety of the construction site/project
described and applied for, until such time as the application is amended or the certification is transferred,
inactivated, or expired.”
XX
Signature of Legally Responsible Person (submission must include original signature) Date Signed
Name (printed Title
DO NOT INCLUDE A COPY OF THE STORMWATER MANAGEMENT PLAN
DO NOT INCLUDE PAYMENT – AN INVOICE WILL BE SENT AFTER THE CERTIFICATION IS ISSUED.
NOTICE OF REASSIGNMENT OF PERMIT COVERAGE AND GENERAL PERMIT APPLICATION
STORMWATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITIES
Application Part 2 page 1 of 1 updated 4/2011
PART II - AMENDMENT TO THE CURRENT PERMIT CERTIFICATION
TO BE COMPLETED BY CURRENT PERMITTEE
CERTIFICATION NUMBER COR03________________ THIS PERMIT WILL NOT BE TERMINATED
II.A. CURRENT PERMIT LEGAL CONTACT INFORMATION Check if information has changed
Company Name:
Legally Responsible Person: First Name: Last Name:
Title:
Mailing Address:
City, State and Zip Code:
Phone:
Email Address:
2. PERMITTED FACILITY INFORMATION
Name of Plan, Project or Development:
Latitude and Longitude (approximate center of site to nearest 15 seconds using one of following formats):
Latitude: Longitude: (e.g., 39°42’11’’, 104°55’57’’)
degrees /minutes/ seconds
OR
degrees/ minutes/ seconds
Latitude: Longitude: (e.g., 39.703°, 104.933’)
degrees (to 3 decimal places) degrees (to 3 decimal places)
3. MAP (Attachment)
Map: Attach a map that indicates the site location and that CLEARLY shows the boundaries of the area that will be retained under this
current certification. Maps must be no larger than 11x17 inches.
4. NATURE OF CONSTRUCTION ACTIVITY
Check the appropriate box(s) or provide a brief description that indicates the general nature of the construction activities. (The full
description of activities must be included in the Stormwater Management Plan.)
□ Single Family Residential Development
□ Multi-Family Residential Development
□ Commercial Development
□ Other, Describe:
9. REQUIRED SIGNATURES Certification for Reassignment
“I certify under penalty of law that I have personally examined and am familiar with the information submitted in Part II of this application
and all attachments in reference to Part II and that, based on my inquiry of those individuals immediately responsible for obtaining the
information, I believe that the information is true, accurate and complete. I am aware that thereare significant penalties for submitting false
information, including the possibility of fine or imprisonment.
“As the permittee currently covered by the above-referenced certification, I hereby agree to reassign the permit coverage for the area and
activity described in Items I.b. and I.c., and all responsibilities thereof, from the above-referenced permit certification to the new permittee
listed in Part I of this form.”
Signature of Legally Responsible Person (submission must include original ink signature) Date Signed
Name (printed) Title
PROJ. NO.
DRAWN:
CHECKED:
DATE:
REVISIONS
SCALE:
SHEET NUMBER
SHEET TITLE:
ISSUED FOR:
DESIGNED:
Timberline Road & Drake Road
Fort Collins, Colorado 80525
1045.0039.00
R.O.B.
H.E.M.
08/29/12
FINAL DEVELOPMENT
PLAN
EROSION CONTROL PLAN
INITIAL BMP'S
C.4
R.O.B.
AS NOTED
FILE: 0039_EROSION_FDP
SPRING CREEK FARMS
NORTH FILING NO. 2
x
x
x
x
PROJ. NO.
DRAWN:
CHECKED:
DATE:
REVISIONS
SCALE:
SHEET NUMBER
SHEET TITLE:
ISSUED FOR:
DESIGNED:
Timberline Road & Drake Road
Fort Collins, Colorado 80525
1045.0039.00
R.O.B.
H.E.M.
08/29/12
FINAL DEVELOPMENT
PLAN
EROSION CONTROL PLAN
CONSTRUCTION BMP'S
C.5
R.O.B.
AS NOTED
FILE: 0039_EROSION_FDP
SPRING CREEK FARMS
NORTH FILING NO. 2
x
x
x
x
x
PROJ. NO.
DRAWN:
CHECKED:
DATE:
REVISIONS
SCALE:
SHEET NUMBER
SHEET TITLE:
ISSUED FOR:
DESIGNED:
Timberline Road & Drake Road
Fort Collins, Colorado 80525
1045.0039.00
R.O.B.
H.E.M.
08/29/12
FINAL DEVELOPMENT
PLAN
EROSION CONTROL PLAN
FINAL STABILIZATION
C.6
R.O.B.
AS NOTED
FILE: 0039_EROSION_FDP
SPRING CREEK FARMS
NORTH FILING NO. 2
degrades into a CERCLA hazardous substance in an amount that equals or exceeds the reportable
quantity for the newly formed CERCLA hazardous substance.
2