HomeMy WebLinkAboutpitkin.eh.272904300005 (1984)q;3: - 00 , 605-
ASPEN40PITKIN
ENVIRONMENTAL HEALTH DEPARTMENT
INDIVIDUAL SEWAGE DISPOSAL PERMIT NO.�L4�?— ,
TYPE OF PERMIT:
(Initial Construction ( )Emergency Use ( )Repair Work,(Pievious Permit 1 .) ( )Alteration of an existing system,
or installation (Previous Permit 1 )
( )Use Permit as a result of Sale ( )Other:
ISSUED TO: DATE OF ISSUED
Owner F,L614A 8 A0CtJ'5 NEAGTN �M/L/TyHome Phone
Mailing /4422 N
Address /1;I /,f,AY � � � eAk-&-vJDA!
Business Phone yd 3 - l�
Agent Phone SAME
Mailing
Address SAM6
Sewage Disposal System Work to be performed by
This permit valid only for premises location by the followina leaal descriptions W WQIQ �! SCC—NA/4 / 1oSA QQ (,i"V .
LOT SIZE 6() -SFS , WATER SUPPLY L GtL -- P,QAt1 . AVERAGE PERCOLATION RATF.�%_X/,ST/AIG 30 MtN,
This Individual Sewage Disposal Permit is granted with regard to the
following uses /1EA�n7N
2FOU
V0A) /i`I61417-y..
Ntrabcr of: Dodicoms �2— Lofts L Garbage Disposals_
/- Dishwashers
L— Clothes
Washers _.
CALCULATED AVERAGE DAILY WASTE LOAD �
GALLONS.
THE NATURE OF THE S`.tSTE,'1 INCLUDED UNDER THIS PERMIT:
,
Type of Tank or Treatment Units 56arle biI/(IjE�� Tank. Capacity a Callon Minimum
Method of Final Disposals S',cEP146 C 2t Absorption Area square Feet Minimum
Description (including brand name, if any) of other equipment or appurtnances.s
Other Conditions or Specifi!!!
cationss /O�5�� �GSjG/�J By ,�/V��S�ji1 t/ 3 �vL
// .//
STAGES REQUIRING INSPECTION BY THE HEALTH DEPARTMENT:
( )Before Excavation Upon completion of excavation and prior to placement of gravel l4sefore covering distribution
system of absorption field
Prior to backfill of any component ( )Other, Specifys
Plans and specifications of the proposed sewage disposal system have been reviewed and are considered satisfactory. Permission
is hereby granted to the owner or his agent to perform the work indicated above in accordance with the Pitkin County Individual
Sewa,o Disposal Re,:ulations in effect on the date of issue. In addition to general provisions act forth on the reverse hereof,
this Permit is subject to the following additional terns and conditions:
APPROVED FOR ISSUE BYA
! (title)
The above individual sevaga disposal system installed by =
has tx en in::pectcd for use by a represcnt.itive of the AspP
en it in L'nvlronrh nta Hca t. Dep.trtment. T owner asaumoa a
ll
r%!oponsibility in Case of failure or inadequacy ofnth's saw disposal system. Complete as -built droving attached.
DATE OF FINAL N4S E IDN ? JO i
I *
BY: TITLE _
'130
Bout Galenz� Street Aspen Coo do 13'16'11. 303/925-2020
—H E27_—PoiRTWi=FAT
APPLICATION FOR AN INDIVIDUAL SEWAGE DISPOSAL• PERMIT
Name of OWNER V&ko:vla PHONE 9(,3-3�3tdv,
Address of OWNER Ca, 6n,,-6 I-a� L1:;,
Name of APPLICANT ���rv�os } � - PHONE 5LO-10c,Z_
PERMIT TO BEs (Aicked Up ( )Mailed tot TYPE OF PERMITt N New Installation ( )Repair
( fowner ( )Applicant 1 )Lloergency use ( )Alteration NOT due to fail
LOCATION OF PnOPOSED SYSTEM&c
Legal Description i�&
�C�cjY�F ��4--LSY\J �4 Se_cLoy,_4
t Block_ Tiling subdivision Sire of Lot sc:
TYPE -or STRUCTURE: ( )Single Family Duelling (Others Do you plan any further additions to the
residence? (AYES ( )NO
No, of bedrooms 5 No, of Lofts No. of Garbage Disposals -3 No: of Automatic Dishwashers 3
Ko. of Automatic Clothes washers
V.% -.ER SUPPLY: ( )Private Well, Depth or ( )Public, Name of System
Sprite
( Stream or Creek
!-ypE5 OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM PROPOSED: _
Septic Tank/Absorption Field ( )Aeration Plant/Absorption Field ( )Composting Toilet ( )Incineration Toilet ( )Mound
(']Recycling, potable use ( )Recycling, other use ( )Vault Privy ( )Othert
The initial site inspection must be arranged with the Aspen/Pitkin Environmental Health Department (925-2020, 8:30-9:30 a.m.)
M `.ore a permit can be issued. The individual sewage disposal permit must be issued before a building permit can be obtained.
YIHAL INSPECTION APPROVAL HUS^. BE GIVEN BY THE ASPEN/PITXIN ENVIRONMENTAL HEALTH DEPARTMENT PRIOR TO BACKFILLING ANY PORTION
OF THE SYSTEM.
Application for anindividu ?sewage disposal perm t is h r y submitted. The undersigned acknowledges that the above informati
is true and that false Sn mation will invali t e a ication and any subacquc(/ny�gjCrm�i(/L/J /
Signature of ApplicantL�_ DATE ' " ^ 9F r P 4.d
Zef
is application becomes. invalid 12 months from the abovate.)
MOTE: PLOT -PLAN muyst iled with this application.
Please locate the following items by measured distances:
1. Property lines and dimensions.
2. Proposed and existing water wells on subject property and
adjacent property_
3. Domestic water service lines.
4. Proposed and existing buildings, driveways, and other
structures.
5. Streams, lakes, ponds, irrigation ditches, and other water
courses.
6. Proposed and existing individual sewage systems on subject
property. -
SUBMIT A REVISED PLOT PLAN PRIOR TO CONSTRUCTION IF INSTALLATION IS TO
BE CHANGED FROM ORIGINAL .,PLAN.-
The
.PLAN.-
The undersigned hereby acknowledges receipt of this individual sewage disposal permit application and a perrmmitff a in the a^
of i�B1?, ]receipt Number Date Fee Received '�0 by
Administrativo Officc
130 South Galena Street Aspen, -Colorado 8'1611 303/925-2020
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WatQr Flow Scl c mat l c
F'I lol-ha Meadows
Health Educat lon Fac -114y
h, -L Scale
LEGEN D
Fb-�able wa6t-
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------------- \das+e Line
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GENERAL NOTES:
1. fXpar,sior, OV I.1- wase¢ 1i1spos=ll sysl-el-,-, sball
rt`1¢e l }ke. r 01 re ry-Cr -s [,1 -VVW pi l ki V COU v,1
Szway 81250
2. Elec4rfcal work 3i fall be clone 1, cc�rrGar.�arb2
W4" tka KL60 ,al ElecFr is Code.
3. Plumbir-,9 / Machapcal worl< sl ,all be don¢ "I
cof,�orr,lacy-e Wilk S}aF¢ p1(Jf„6f-,9 Code.
5timmfr9 Pool EcluiPr-n¢n+ d ins�alla�ion s�l�
bz 'In con%cr�,ar,c¢ with Stalz Regula+ions
and S+ar,cic�rGls.
(Issue Date
23 Jjly 194
Revisions Rw sed W� rF
Filoha Meadows
Health Education Facility
Pitkin County,Colorado
Site Plan
Flood & Flood
0194 Pwific Avenue No. 5B,Aspen, CO 81611 (303)920-1002
DesignProject No. Drawing No.
Drawn 83201 2
Check
-T -'j
STATE OF COLORADO
COLORADO DF%'ARTMENT OF HEALTH
4210 :cst 11th Ave,n.:.
Denver, i.o,orado 30226
Phone (302, 320-A133
December 13, 1>39
:,,A l r ^10: P 767 458 006
Filoha Meadows Health Ed Facility
Attn: Bernarr Johnson
14628 Highway 133
Carbondale, CO 81623
RE: Administrative Extension
^.DPS Permit No. CO -0040967
i$ ---in rounty
Gentlemen:
The discharge permit issued to you for your facility will expire on
December 31, 1989.
Roy Romer
r"vemo
Thomas :,r, Vcrnuc
Executive Director
The Water Quality Control Division is in the process of issuing you a
new permit, but the review procer�ua_�_s required by law have not been
completed. Accordingly, wc• are giving you a -_111 --ice by this letter that
your r�evious permit remains in effect under Sec tion 104(7) of the
Adm'-aistrative Procedures A^t, CPS :'.973, 24-4-101, et seq (1012 reel.
VC?.. lU) .
All effluent limitations, �u�_Ltoring r�.;,aremez.*s, and other permit terms
and conditions in your current r-rmit wiles retrain in effect until your
ne:: permit is issued.
Sincerely,
Robert J. Shukle
Chief
Permits and Enforcement Section
Water Quality Control Division
--- - -- - ---- --xe:- Permits Section, Environmental Protection Agency -
Pat Nelson, Industrial Unit Leader, WQCD
Dick Bowman, D.E., Field Support Section, WQCD
Stan May, Field Support Section, WQCD
Jane Goreham, Permits and Enforcement Section, WQCD
Local Health Department
MS -3 Files
RJS/dc
COLORADO DEPARTMENT OF HEALTH
4210 East 11 th Avenue
Denver, Colorado 80220
Phone (303) 320-8333
May 3, 1.989
Filoha Meadows Health Ed Facility
Attn: Bernarr Johnson
14628 Highway 133
Carbondale, CO 81623
RE: Expiration and Renewal of
CDPS Permit No. CO -0040967
Pitkin County
To Whom It May Concern:
1 c. Olt, C
5TATE OF COLORADO
of Coco
I
♦ X876`"
Roy Romer
Governor
Thomas M. Vernon, M.D.
Executive Director
CERTIFIED: P 916 405 489
Second Notice
The above mentioned permit expires on December 31, 1989. If you intend
to continue discharging pollutants into State waters from this facility
after the expiration date of this permit, your application to renew the
permit is required to be filed with the Water Quality Control Division
by June 30, 1989. See C.R.S. 1973, 25-8-502 (2)(a) (1982 repl. vol.
11), Section 6.5.0 (3) of the "State Discharge Permit System"
regulations, 5 C.C.R. 1002-2 and Part III of the permit. The Division
has. not yet received an application to renew the subject permit.
If you intend to continue to discharge after the expiration date of the
permit now in force, the Division urges you to immediately file a
renewal application which is enclosed with this letter.
If you have any questions pertaining to this matter please contact this
office at 331-4761.
Sincerely,
3,"g;
Carol A. Wehrkamp
Staff Assistant
Permits and Enforcement Section
WATER QUALITY CONTROL DIVISION
xc: Permits Section, Environmental Protection Agency
John Blair, D.E., Field Support Section, WQCD
Local Health Department
MS -3 Files
CAW/dc
Enclosure
COLORADO DEPARTMENT OF HEALTH
4210 Last 11 th Avenue
Denver, Colorado 80220
Phone (303) 320-8333
'.TATE Or `OLORADO
koy komer
Governor
February 22, 1989 Certified Mail No. P 813 580 788 lnoma, M. Vernon, M.U.
Executive Director
Filoha Meadows Health Ed Fac
Attn: Bernarr Johnson
14628 Highway 133
Carbondale, CO 81623
Re: Filoha Meadows Health Ed Fac
Permit No. CO --0040967
County: Pitkin
Dear Mr. Johnson:
Our records indicate that no payment has been received by this office of the
annual fee for the above -referenced discharge permit. Payment was due by
February 9, 1989.
Enclosed please find your second notice. Full payment must be received in
this office no later than March 22, 1989. Failure to make payment by this
date will result in immediate suspension of your permit as prescribed in
Section 6.9.3(8) of the State Discharge Permit System Regulations.
If it becomes necessary to suspend your permit, there will exist a temporary
deprivation of your right to discharge and any discharges that take place will
be classified as discharges without a permit. You should be aware that
discharges taking place during any period of suspension may result in fines of
up to 'x$10,000 per day as well as other penalties found to be appropriate as
defined in CRS 25-8-601; 608; 609.
If you have any questions regarding your fee, please contact Connie Moreno at
331-4539.
Sincerely,
Seth M. Gol tein
Fiscal Officer
Water Quality Control Division
SMG/CRM/dec
xc: Connie Moreno, Water Quality Control
Carol Wehrkamp, Permits & Enforcement, Water Quality Control
Janet Fujita, Environmental Protection Agency
Pitkin County Health Department
John Blair, District Engineer, Water Quality Control
Enclosure
e
5TATE-,-QF---(0t-09AD0
COLORADO DEPARTMENT OF HEALTH
4210 East 11 th wenui
Denver, l otorado 60220 �
Phone (so 3)
March 3, 1989
Mr. Bernarr Johnson
Filoha Meadows Health Ed Facility
14628 Highway 133
Carbondale, CO 81623
RE: Expiration Notice and Renewal Request
Permit No. CO -0040967
Pitkin County
To Whom It My Concern:
Roy Romer
Governor
Thornas M. Vernon, M.D.
Executive Director
CERTIFIED: P 813 579 676
The above referenced permit will expire on December 31, 1989. Pursuant
to the requirements and conditions of your current permit, and
"Regulations for the Colorado Discharge Permit Systems," you must apply
for reissuance of the permit not less than 180 days prior to such
expiration date.
For your convenience we are sending you an application form to complete.
Should you have any questions, please call or write to:
Water Quality Control Division
Permits and Enforcement Section) Room 200
(303)+331-4761
Sincerely,
v
Carol A. Wehrkamp
Staff Assistant
Permits and Enforcement Section
WATER QUALITY CONTROL DIVISION
xc: Permits Section, Environmental Protection Agency
Local Health Department
John Blair, D.E., Field Support Section, WQCD
MS -3 Files
CAW/dc
Enclosure
Flood & Flood
Consulting Engineers
James B. Flood
Patricia K. Flood
�q- 0q3 -Do-o0
October 16, 1984
Kevin Patrick
Leavenworth, Patrick & Lochhead, P.C.
1011 Grand Avenue
P.O. Drawer 2030
Glenwood Springs, CO 81601
Dear Kevin:
Complete Services
in the Areas of:
Water Resources
Wastewater
Drainage
Energy Management
General Civil Engineering
Re: Filoha Meadows -Preliminary
Water Resource Analysis and
Water Right Augmentation Plan
Dr. Bernarr Johnson has authorized the preparation of a Water
Right Plan for Augmentation that will provide a year round legal
water supply for the Filoha Meadows Health Education Facility.
This preliminary study investiq_ates the water requirements,
consumptive use and water rights associated with this project.
Before we proceed with the filing of the water right augmentation
plan with the water court, we would like to have the discharge
permit approved to insure that there will not be any changes in
consumptive use.
The Filoha Meadows Health Education Facility is to be located in
the Crystal River Valley in the area known as the Penny Hot
Springs. The facility will be the conversion of the existing
Johnson residence. Included in the facility will be hot mineral
therapy pools, exercise and lap swimming pools, dressino and bath
rooms, patient examination rooms, physical therapy area, doctors'
offices, kitchen for cooking classes, and caretaker quarters. A
new residence for the staff doctor will also be constructed.
Water Requirements
The facility will require water for domestic, commercial,
medicinal, and geothermal uses. The water for the in-house
potable water will come from a spring located on the west side of
the Crystal River. Geothermally heated water from a well located
on the east side of the Crystal River (Johnson Hot Spring) that
currently heats a greenhouse and the existing residence will
provide additional heat for the health facilty and proposed
residence. The therapy pools will be provided hot mineral water
from the Johnson Hot Springs and will be supplemented with hot
water from the Grange Hot Spring. Cool make up water for the
pools will be provided from a new well to be located alonq the
Crystal River. Table 1 gives the monthly water use and
consumptive use.
Airport Business Center 0194 Pacific Avenue No. 5B Aspen, Colorado 81611 (303) 920-1002
Domestic/Commercial
The potable water system serves both domestic and commercial uses.
The estimated average daily water use is:
Gallons/day
Domestic
Residence 350
Commercial - Health Education Facility
Patients, 20 persons/day at 30 gpcd 600
Cooking Classes, 20 persons/day at 10 gpcd 200
Staff, 4 persons/day at 15 gpcd 60
Caretaker Unit 200
Total 1060
The wastewater will be treated by an individual waste water
treatment system which typically has a depletion of about 25
percent. The domestic annual use is 0.40 acre-feet (af) per year
with an annual consumptive use of 0.10 af. Commercial water use
will be 1.2 of annually with a consumptive use of 0.30 af.
Therapy Pools
The geothermally heated hot water demand will be 5C gpm or a total
non -consumptive annual use of 80.7 af. Cool mixing water will be
required at a rate of approximately 30 opm with an annual
requirement of 48.4 af, for a total pool water requirement of
129.1 af. The therapy pools are located inside a building and
will be provided with insulating covers which will be in place
when the pools are not in use. There will be a slicht amount of
evaporation loss due to ventilation requirements. This
consumptive use is gstimated to be one-half inch per day or 0.1 of
annually.
Geothermal Heatin
The water requirement for geothermal heating is estimated to be 10
opm during the heating season of October through May for a total
annual non -consumptive use of 10.6 af.
Water Riqhts
The water rights associated with the Filoha Meadows Facility are
listed in Table 2. The potable "in-house" water will be supplied
from the Grange Spring and Pipeline. The hot mineral water for
the pools will be from the Johnson Hot Spring supplemented by the
Grange Hot Spring. Cool make-up water will be supplied from a new
well.
In addition to the decreed water rights, an application has been
filed with the Water Court for quadrennial finding of reasonable
due diligence and application to make absolute a portion of a
conditional water right for the Johnson Cold Spring and Johnson
Hot Spring. An application has also been filed for a water riq_ht
Johnson Hot Spring First Enlargement.
Historic Use
The Wilke Ditch headgate is located on the east side of the
Crystal River at a point approximately one mile south of the south
line of the NE 1/4 of the SW 1/4 of Section 4,TlOS, R88W. The
Wilke ditch irrigates a average of 25 acres, 12.5 acres of which
are located in the Filoha Meadows parcel.
Diversion records of the State Engineer Division 5 office for the
period 1972 through 1983 were reviewed. The ditch was not in use
from 1972 through 1976. From 1977 through 1983 with the exception
of 19PP when the ditch was not in use, the ditch diverted an
average of 1.0 cfs from the period of May 28 through September 29.
A field inspection of the ditch confirms that the ditch has the
capacity to carry the decreed amount of 1.2 cfs.
A consumptive use analysis using the Blaney-Criddle method
indicates that the annual consumptive use of hay is 24 inches.
The average year and dry year consumptive use is given by month in
Table 3.
Water Riqhts Administration
The Filoha Meadows water supply system must have the legal right
to divert water and must be protected from a "call" by downstream
users. The Permadent Operating Policy for the Green Mountain
Reservoir protects the domestic portion of the decreed water
rights which was perfected by use as of October 15, 1977. The
water consumptive use which must be augmented is the Commercial
and pool make-up water usage.
There would not be a winter call from Crystal River users however
there may be a late irrigation season call. To augment the 0.4 of
consumptive use of the Health Education Facility one-quarter acre
of land irrigated by the Wilke Ditch will be removed from
irrigation in event of a "call." In extremely dry years such as
1977 the Wilke Ditch may beunable to provide sufficient
augmentation water from mid-July through October when the total
stream depletion is 0.12 acre-feet. We therefore recommend that
excess Wilke Ditch consumptive use in the month of June he stored
in the facility pool overflow pond and be released during the late
irrigation season. The pool overflow pond will be sized at 2.5
acre-feet to accomodate augmentation needs with allowance for
evaporation.
Please contact us if you have any questions.
A3201
Sincerely,
Flood & Flood
B y ���.�
Patricia K. Flood, P.E.
cc: Dr. Bernarr Johnson
Mel Peterson
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TABLE 3
FILOHA MEADOWS
WILKE DITCH CONSUMPTIVE USE ANALYSIS
C
Average
Dry Year
Year
1977
Month
of
of
May
0.25
1.75
June
6.25
6.25
July
5.00
2.58
August
6.75
-
September
3.75
-
Total
25.00
10.58
C
E
COLORADO
Richard D. Lamm
Governor
MAY 9, 1985
oF•�olo
O
DEPARTMENT
Dr. Bernarr Johnson, Owner
FILOHA MEADOWS HEALTH.EDUCATION FACILITY
14628 Highway 133
Carbondale, CO 81623
OF HEALTH
Thomas M. Vernon, M.D.
Executive Director
CERTIFIED NO: P555466587
RE: Final Permit, Colorado Wastewater Discharge Permit System
Number: CO- 0040967 PITKIN county
Gentlemen:
Enclosed please find a copy of the permit issued under the Colorado Water
Quality Control Act.
Your discharge permit requires that specific actions be performed at
designated times. You are legally obligated to comply with all terms and
conditions of your permit.
Please read the permit and if you have any questions contact this office at
320-8333, extension 3740.
Sincerely,
-�--'r~
Gary" G./BroeLzman
Director
WATER QUALITY CONTROL DIVISION
Enclosure
xc: Permits Section, Environmental Protection Agency
Regional Council of Governments
Local County Health Department
District Engineer, Field Services Section, WQCD, CDH
Stan May, Field Services Section, WQCD, CDH
Seth Goldstein, Administrative Section, WQCD, CDH
Ginny Torrez, DMR File, Permits and Enforcement Section, WQCD, CDH
Sandy Squire, Industrial Enforcement/
Permit Drafters, Permits and Enforcement Section, WQCD, CDH
GGB/dkg
4210 EAST 11TH AVENUE DENVER,COLORADO 80220 PHONE (303) 320-8333
Permit No.: CO -0040967
County: Pitkin
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")
Filoha Meadows Health Education Facility
is authorized to discharge from the hot mineral pools
located in the W 1/2, Sec. 4, T10S, R88W, approximately 3 miles north of
Redstone, CO
to Crystal River
in accordance with effluent limitations, monitoring requirements and other
conditions set forth in Part I, and II hereof. All discharges authorized
herein shall be consistant with the terms and conditions of this permit.
This permit shall become effective thirty (30) days after the date signed by
the Director. Should the applicant choose to contest any of the effluent
limitations, :monitoring requirements or other conditions contained herein, the
applicant must comply with Section 24-4-104 CRS 1973 and the Regulation for
the State Discharge Permit System. Failure to contest any such effluent
limitation, monitoring requirement, or other condition, constitutes consent to
the condition by the Applicant.
This permit and the authorization to discharge shall expire at midnight,
December 31, .1989
Q -
Issued and Signed this C day of ;=
COLORADO DEPARTMENT OF HEALTH
-
Gar}� G./Broe man
Director
Water Quality Control Division
Code: i - 1 Date: 1 - 84
PART I
Page la of 19
Permit No.: CO -0040967
A. TERMS AND CONDITIONS
1. Effluent Limitations
Beginning immediately and lasting through December 31, 1989, the
permittee is authorized to discharge from outfall(s) serial number(s):
001
In accordance with the Water Quality Control Commission Regulations for
Effluent Limitations, Section 10.1.3, and State Discharge Permit System
Regulations, Section 6.9.2, 5 C.C.R. 1002-2, the permitted discharge
shall not contain effluent parameter concentrations which exceed the
following limitations, discharge more than the mass pollutant loadings
specified below or exceed the specified flow limitation.
Effluent Parameter Discharge Limitations
Flow, MGD
Total Suspended Solids, mg/l
Total Residual Chlorine, mg/l
Salinity
30 -Day Avg a/ 7 -Day Avg b/ Daily Max c/
NA NA NA
NA NA NA
NA NA 0.5
NA NA NA
pH - standard units shall remain between 6.5 and 9.0 c/.
Oil and Grease shall not exceed 10 mg/l in any grab sample nor shall there be a
visible sheen c/. If a visible sheen or floating oil is observed, corrective
action shall be taken immediately.
There shall be no discharge of floating solids.
See Part I.C. for Footnotes.
Code: i - 2 Date: 1 - 84
PART I
Page lb of 19
Permit No.: CO -0040967
B. MONITORING REQUIREMENTS
1. Frequency and Sample Type
In order to obtain an indication of the probable compliance or
noncompliance with the effluent limitations specified in Section A, the
permittee shall monitor all effluent parameters at the following
frequencies.
(a) Discharge Point(s) 001
Effluent Parameter Measurement Frequency d/ Sample Type e/
Flow, MGD
Weekly
Instantaneous
or Continuous
Total Suspended
Solids, mg/1*
Monthly
Grab
Oil and Grease,
mg/1 f/
Weekly
Visual/Grab
p.H, s.u.
Weekly
Grab
Total Residual
Chlorine, mg/l
Weekly
Grab
Salinity _a/
Quarterly h
Grab
* The permittee
may apply for a
cessation of monitoring after
six months
providing all
results are below state effluent standards.
Reporting of the above data shall be on a quarterly basis. Refer to
Part I. D.2 for specific requirements.
Sampling by the permittee for compliance with the monitoring
requirements specified above shall be performed at the following
location(s): 001, as shown in Figure 1 on Page lc.
Monitoring by the Division for the purpose of compliance and/or
enforcement of the effluent limitations shall be performed as per
"Sample Type" specified above.
2. Flow Measuring Exemption or Modification
Not Applicable
See Part I.C. for Footnotes.
Code: i - 4 Date: 1 - 84
' PART I
Page lc of 19
Permit No. CO-0040967
y
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Permit No. CO -0040967
i
28
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28
29
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-34
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a Ing
00
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o tea....
Iv
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o tr' a a Ca/pgrou 1 e `\
Figure 2 ` . { _
! Z\ �; ? ' Filoha Meadows Health Ed. Facility / !
General Location
o � � �e _. 1 �J\ I ilyf�(, G4 � I J %� �, � 1, ��'J � _% . /i -� • l•/ f /r ( � ;� '� '_
PART I
Page 2 of 19
C. FOOTNOTES - APPLICABLE TO PRECEDING PAGES
a/ - The thirty (30) day average shall be determined by the arithmetic
mean of three (3) samples collected in separate calendar weeks during
a thirty (30). consecutive -day period with a minimum of 20 days
occurring between the first and last sample days..
b/ - The seven (7) day average shall be determined by the arithmetic mean
of a minimum of three samples taken on separate days in a seven (7)
day period.
c/ - This limitation shall be determined by a single sample as required by
Part I.B. Sample Type.
d/ - When the measurement frequency indicated is quarterly, the samples
shall be collected during March, June, September and December, if a
continual discharge occurs. If the discharge is intermittent, then
samples shall be collected during the period that discharge occurs.
If the permittee, using the approved analytical methods, monitors any
parameter more frequently than required by this permit, then the
results of such monitoring shall be included in the calculation and
reporting of the values required in the Discharge Monitoring Report
Form or other forms as required by the Division. Such increased
frequency shall also be indicated. V
e/ - Definitions of Sample Type
1. A "composite" sample, for monitoring requirements, is a minimum
of four (4) grab samples collected at equally spaced two (2) hour
intervals and proportioned according to flow.
2. A "grab" sample, for monitoring requirements, is a single "dip
and take" sample.
3. An "instantaneous" measurement, for monitoring requirements, is a
single reading, observation, or measurement performed on site.
4. A "continuous" measurement, for flow monitoring requirements, is
a measurement obtained from an automatic recording device which
continually measures flow.
5. A "visual" observation, for oil and grease monitoring
requirements, is observing the discharge to check for the
presence of a visible sheen or floating oil.
Code: i - 16 Date: 1 - 84
PART I
Page 3 of 19
C. FOOTNOTES (Continued)
e/ - Definitions of Sample Type (Continued)
6. An "in-situ" measurement, for monitoring requirements, is defined
as a single reading, observation or measurement taken in the field
at the point of discharge.
f/ - In the event an oil sheen is observed, a grab sample shall be
collected, analyzed, and reported. In addition, corrective action
shall be taken immediately to mitigate the discharge of oil and
grease.
gz/ - Salinity shall be measured as Total Dissolved Solids (TDS). Where
based on a minimum of 5 samples, the permittee demonstrates, to the
satisfaction of the Water Quality Control Division, that the level of
TDS in the effluent can be calculated based upon the level of
electrical conductivity, the permittee may measure and report
salinity in terms of electrical conductivity.
h/ - Salinity shall be sampled on a monthly basis until six samples have
been analyzed. A report of "No Discharge" shall not be counted as
one of the six sampled. Thereafter, monitoring shall continue ou a
quarterly basis. Following submittal of initial six sets of monthly
data, the Division shall determine whether the permittee is required
to submit a report addressing salt removal in accordance with
Regulations For Implementation of the Colorado River Salinity.
Standards Through the NPDES Permit Program 3.10.0. If the salinity
report is required, the Division shall so advise the permittee by
letter and the report shall be submitted within 180 days.
i/ - This parameter is subject to "Noncompliance Notification"
requirements of Part II.A.3.b.v of this permit.
- Procedure for determining settleable solids is contained in 40 CFR
434.64. The method detection limit for measuring settleable solids
under this part shall be 0.4 ml/1.
k_/ - Should a precipitation event occur which is greater than the 10 -year,
24-hour event, the permittee shall submit rain gauge or other
appropriate documentation in order for an exemption to be claimed.
In lieu of such documenation, limitations contained in Part I.A.l(b),
shall apply. Documentation shall be reported as an attachment to the
Discharge Monitoring Report (DMR) for the appropriate period.
Code: i - 17 Date: 1 - 84
PART I
Page 4 of 19
D. REPORTING
1. Signatory Requirements
All reports required for submittal shall be signed and certified for
accuracy by the permittee in accord with the following criteria:
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 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, or
other duly authorized employee.
Within sixty (60) days of the effective date of this permit, the
permittee shall file a statement with the Environmental Protection
Agency and the Water Quality Control Division which shall contain
the names of the' person or persons who are designated to report
conditions on discharge monitoring reports and as noted in
"Noncompliance Notification", Part II A. The permittee shall
continually update this list as changes occur at the facility.
2. Data Reporting
Part I.B.1 specifies the frequency for reporting data and the permittee
shall. submit data in accordance with the appropriate frequency below.
a) Monthly
Monitoring results shall be summarized for each month and reported
on applicable discharge monitoring report forms received at this
office no later than the 28th day of the following month. If no
discharge occurs during the reporting period, "No Discharge" shall
be reported.
Code: i — 18, Date: 1 — 84
PART I
Page 5 of 19
D. REPORTING (CONTINUED)
2. Data Reporting (Continued)
b) Quarterly
Monitoring results obtained during the previous 3 months shall be
summarized for each calendar month and reported on applicable
discharge monitoring report forms (EPA Form 3320-1), received at
this office no later than the 28th day of the month following the
completed quarter. For example, for the 1st quarter (January,
February, and March) the 3 monthly reports must be received at this
office no later than April 28. If no discharge occurs during the
reporting period, "No Discharge" shall be reported.
Duplicate signed copies of the above report forms shall be submitted to
the following addresses:
Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
Attention: Permits and Enforcement
Code: i - 19 Date: 1 - 84
U.S. Environmental Protection Agency
1860 Lincoln Street - Suite 103
Denver, Colorado 80295
Attention: Enforcement -Permit Program
PART I
Page 6 of 19
E. SPECIAL REQUIREMENTS
1. Materials Containment Plan
Pursuant to Sections 6.9.3 (5) and (6)(b) of the Regulations for the
Stage Discharge Permit System, the permittee is required to submit a
Materials Containment Plan. Such a plan shall be submitted to the
Permits and Enforcement Section, Water Quality Control Division within
ninety (90) days after the effective date of this permit. The plan
shall include information and procedures for the prevention and
containment of spills of materials used, processed or stored at the
facility which if spilled would have a reasonable probability of having
a visible or otherwise detremental impact on waters of the State l/ 2/.
The plan shall include, but not necessarily be limited to the following:
a) A history of spills which have occurred in the three (3) years
preceeding the effective date of this permit. The history shall
include a causation of the spills and a discussion of preventative
measures designed to prevent them from reoccurring;
b) A description of the reporting system which will be used to notify
responsible facility management, the State Water Quality Control
Division, the Environmental Protection Agency, downstream water
users within 5 miles downstream of the facility, and local health
officials;
c) A description of preventative facilities (including overall facility
plot) which prevent, contain, or treat spills and unplanned
discharges;
d) A list which includes the volumes or quantities of all materials
used, processed, or stored at the facility which represent a
potential spill threat to surface waters. The location of stored
material shall be indicated on the facility plot submitted for Item
c;
l/ If there is no such material present at the site, this shall be indicated in
writing and submitted to the Division for review.
2/ If there is material present but the permittee feels there is not a
reasonable probability of a spill impacting waters of the State, this shall
be documented in writing and submitted to the Division for review. This
documentation shall include; 1) distance to nearest surface waters, and; 2)
a detailed description of any structure which prohibits the release of
material onto the ground or into a conveyance system.
Code: i — 20 Date: 1 — 84
PART I
Page 7 of 19
E. SPECIAL REQUIREMENTS (CONTINUED)
1. Materials Containment Plan (Continued)
e) An implementation schedule for additional facilities which might be
required in (c) above, but which are not yet operational;
f) A list of available outside contractors, agencies, or other bodies
which could be utilized in the event of a spill in order to clean
up its effects. If the facility is capable of handling spills
in—house, this shall be documented in the plan;
g) Provision for yearly review and updating of the contingency plan,
plus resubmission of the plan to the Division if conditions and/or
procedures at the facility change the original plan.
The foregoing provisions shall in no way render inapplicable those
requirements imposed by Section 311 of the Water Pollution Control Act
Amendments of 1972, regulations promulgated thereunder, the Colorado
Water Quality Control Act, and regulations promulgated thereunder.
This plan should be prepared by a professional engineer registered in
the State of Colorado.
Nothing herein contained shall be construed as allowing any discharge
to waters of the State other than through the discharge points
specifically authorized in this permit. Nothing herein contained shall
be construed as excusing any liability the permittee might have, civil
or criminal, for any spill.
The submittal of an Spill Prevention Control and Countermeasure Plan
(SPCC Plan) as required by 40 CFR Part 112 may satisfy all or part of
this requirement. Should additional materials exist on site which are
not addressed in the SPCC Plan, addressing those materials as per the
above will be required.
Code: i — 2.1 Date: 1 — 84
PART I
Page 8 of 19
F. GENERAL REQUIREMENTS
1. Representative Sampling
Samples and measurements taken for the purpose of monitoring shall be
representative of the monitored activity.
2. Analytical and Sampling Methods for Monitoring
Analytical and sampling methods utilized by the discharger shall
conorm to Colorado Regulations for Effluent Limitations (10.1.5), and
to regulations published pursuant to Section 304 (h) of the Clean Water
Act.
The analytical method selected for a paramenter shall be the one that
can measure the lowest detected limit for that paramenter unless the
stage standard is within the testing range of another approved method.
3. Records
The permittee shall establish and maintain records. Those records
shall include the following:
a) The date, type, exact place, and time of sampling or measurements;
b) The individual(s) who performed the sampling or measurements;
c) The date(s) the analyses were performed;
d) The individual(s) who performed the analyses;
e) The analytical techniques or methods used; and
f) The results of such analyses.
The permittee shall retain for a minimum of three (3) years records of
all monitoring information, including all original strip chart
recordings for continuous monitoring instrumentation, all calibration
and maintenance records, copies of all reports required by this permit
and records of all data used to complete the application for this
permit. This period of retention shall be extended during the course
of any unresolved litigation regarding the discharge of pollutants by
the permittee or when requested by the Division or Regional
Administrator of EPA.
Code: i - 22 Date: 1 - 84
PART I
Page 9of19
F. GENERAL REQUIRD'N'T'S (Cont'd.)
4. Flow Measuring Device
If not already a part of the permitted facility, within ninety (90)
days; after the effective date of the permit, a flow measuring device
shall be installed to give representative values of effluent quantities
at the respective discharge points. Unless specifically exempted or
modified in Part I.B.2 of this permit, a flow measuring device will be
applicable at all designated discharge points.
At the request of the Director of the Water Quality Control Division,
or the Regional Administrator of the Environmental Protection Agency,
or their authorized representative, the permittee shall show proof of
the accuracy of any flow -measuring device used in obtaining data
submitted in the monitoring report. The flow -measuring device must
indicate values within ten (10) percent of the actual flow being
discharged from the facility.
Code: i - 23 Date: 1 - 84
PART II
A. MANAGE NT REQUIREMENTS
1. Change in Discharge
Page 10 of 19
The permittee shall inform the Division (Permits and Enforcement
Section) in writing of any intent to construct, install, or alter any
process, facility, or activity that is likely to result in a new or
altered discharge and shall furnish the Division such plans and
specifications which the Division deems reasonably necessary to
evaluate the effect on the discharge and receiving stream.
The permittee shall submit this notice within two (2) weeks after
making a determination to perform the type of activity referred to in
the preceding paragraph. Process modifications include, but are not
limited to, the introduction of any new pollutant not previously
identified in the permit, or any other modifications which may result
in a discharge of a quantity or quality different from that which was
applied for. Following such notice, the permittee shall be required to
submit a new CDPS application and the permit may be modified to specify
and limit any pollutants not previously limited, if the new or altered
discharge might be inconsistent with the conditions of the existing
permit. In no case shall the permittee implement such change without
first notifying the Division.
2. Special Notifications - Definitions
a) Bypass: The intentional diversion of waste streams from any
portion of a treatment facility.
b) Severe Property Damage: Substantial physical damage to property at
the treatment facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can
reasonably be expected to occur in the absence of a bypass. It
does not mean economic loss caused by delays in production.
c) Spill: An unintentional release of solid or liquid material which
may cause pollution of state waters.
d) Upset: An exceptional incident in which there is unintentional and
temporary noncompliance with permit effluent limitations because of
factors beyond the reasonable control of the permittee. An upset
does not include noncompliance to the extent caused by operational
error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventive maintenance, or careless
or improper operation.
Code: i - 24 Date: 1 - 84
PART II
Page 11 of 19
A. MANAGEMENT REQUIREMENTS (CONTINUED)
3. Noncompliance Notification
a) If, for any reason, the permittee does not comply with or will be
unable to comply with any maximum discharge limitations or
standards specified in this permit, the permittee shall, at a
minimum, provide the Water Quality Control Division and EPA with
the following information:
(i) A description of the discharge and cause of noncompliance;
(ii) The period of noncompliance, including exact dates and times
and/or the anticipated time when the discharge will return
to compliance; and
(iii) Steps being taken to reduce, eliminate, and prevent
recurrence of the noncomplying discharge.
b) The permittee shall report the following instances of noncompliance
orally within twenty-four (24) hours from the time the permittee
becomes aware of the noncompliance, and shall mail to the Division
a report within five (5) days after becoming aware of the
noncompliance:
(i) Any instance of noncompliance which may endanger health or
the environment;
(ii) Any unanticipated bypass;
(iii) Any upset which causes an exceedance of any effluent
limitation in the permit;
(iv) Any spill which causes any effluent limitation to be
violated;
(v) Daily maximum violations for any toxic pollutants or
hazardous substances limited by PART I -A of this permit and
specified as requiring 24 hour notification.
c) The permittee shall report all other instances of non-compliance
not requiring 24-hour notification at the time Discharge Monitoring
Reports are submitted. The reports shall contain the information
listed in sub -paragraph (a) of this section.
Code: i - 25 Date: 1 - 84
PART II
Page 12 of 19
A. MANAGEMENT REQUIREMENTS (CONTINUED)
4. Submission of Incorrect or Incomplete Information
Where the permittee failed to submit any relevant facts in a permit
app'ication, or submitted incorrect information in a permit application
or :report to the Division, the permittee shall promptly submit the
relevant application information which was not submited or any
additional information needed to correct any erroneous information
previously submitted.
5. amass
1) Bypass is prohibited, and the Division may take enforcement action
against a permittee for bypass, unless:
a) The bypass did not cause effluent limitations to be exceeded
and was for essential maintenance to assure efficient operation;
b) Bypass was unavoidable to prevent loss of life, personal
injury, or severe property damage;
c) There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated
wastes, or maintenance during normal periods of equipment
downtime. This condition is not satisfied if the permittee
could have installed adequate backup equipment to prevent a
bypass which occurred during normal periods of equipment
downtime or preventative maintenance; and
d) The permittee submitted notices as required in "Bypass
Notification", Part II.A.6.
6. Bypass Notification
If the permittee knows in advance of the need for a bypass, a notice
shall be submitted, at least ten days before the date of the bypass, to
the :Division and the Environmental Protection Agency (EPA). The bypass
shall be subject to Division approval and limitations imposed by the
Division and EPA.
Code: i - 26 Date: 1 - 84
PART II
Page 13 of 19
A. MANAGEMENT REQUIREMENTS (CONTINUED)
7. Upsets
a) Effect of an upset
An upset constitutes an affirmative defense to an action brought
for noncompliance with technology-based permit effluent limitations
if the requirements of paragraph (b) of this section are met. No
determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for
:noncompliance, is final administrative action subject to judicial
:review.
b) Conditions necessary for a demonstration of upset
13 A permittee who wishes to establish the affirmative defense of upset
shall demonstrate through properly signed contemporaneous operating
logs, or other relevant evidence that:
(i) An upset occurred and that the permittee can identify the
specific cause(s) of the upset;
(ii) The permitted facility was at the time being properly
operated; and
(iii) The permittee submitted notice of the upset as required in
Part II A.3 of this permit (24-hour notice).
(iv) The permittee complied with any remedial measures required
under Section 122.7(d) of the federal regulations.
c) Burden of proof
In any enforcement proceeding the permittee seeking to establish
the occurrence of an upset has the burden of proof.
8. Removed Substances
Solids, sludges, or other pollutants removed in the course of treatment
or control of wastewaters shall be disposed of in a manner such as to
prevent any pollutant from such materials from entering waters of the
State.
Code: i - 27 Date: 1 - 84
PART II
Page 14 of 19
A. MANAGE1,,DZNT REQUIREMENTS (CONTINUED)
9. 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
effluent limitations specified in this permit, including such
accelerated or additional monitoring as necessary to determine the
nature and impact of the noncomplying discharge.
10. Discharge Point
Any discharge to the waters of the State from a point source other
than specifically authorized by this permit is prohibited.
11. Reduction, Loss, or Failure of Treatment Facility
The: permittee has the duty to halt or reduce any activity if necessary
to maintain compliance with the effluent limitations of the permit.
Upon reduction, loss, or failure of the treatment facility, the
permittee shall, to the extent necessary to maintain compliance with
itspermit, control production, or all discharges, or both until the
facility is restored or an alternative method of treatment is
provided. This provision for example, applies to power failures,
unless an alternative power source sufficient to operate the
wastewater control facilities is provided.
It shall not be a defense for a permittee in an enforcement action
that it would be necessary to halt or reduce the permitted activity in
order to maintain compliance with the conditions of this permit.
12. 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.
Code: i — 28 Date: 1 — 84
PART II
Page 15 of 19
B. RESPONSIBILITIES
I. 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, 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
violation, access to any and all facilities or areas within the
permittee's premises that may have any affect on the discharge,
permit, or alleged violation.
(D) The Division shall split a sample with the permittee if requested
to do so by the permittee.
2. Duty to Provide Information
The ;permittee shall furnish to the Division, within a reasonable time,
any information which the Division may request to determine whether
cause exists for modifying, revoking and reissuing, or terminating this
permit, or to determine compliance with this permit. The permittee
shall also furnish to the Division, upon request, copies of records
required to be kept by this permit.
3. Transfer of Ownership or Control
A permit may be transferred to a new permittee if:
(a) The current permittee notifies the Division in writing 30 days in
advance of the proposed transfer date; and
Code: i — 29 Date: 1 — 84
PART II .
Page 16 of 19
B. RESPONSIBILITIES (CONTINUED)
3. Transfer of Ownership or Control (Continued)
(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 State
Discharge Permit System Regulations, Section 6.16.0.
4. Availability of Reports
Except for data determined to be confidential under Section 308 of the
Federal Clean Water Act and Regulations for the State Discharge Permit
System 6.6.4 (2), all reports prepared in accordance with the terms of
this permit shall be available for public inspection at the offices of
the State Water Quality Control Division and the Regional Administrator.
5. Modification, Suspension, or Revocation of Permits By the Division
All permit modification, termination or revocation and reissuance
actions shall be subject to the requirements of the State Discharge
Permit System Regulations, Sections 6.6.2, 6.6.3, 6.8.0 and 6.16.0, 5
C.C.R. 1002-2, except for minor modifications. Minor modifications may
only correct typographical errors, require a change in the frequency of
monitoring or reporting by the permittee, change an interim date in a
schedule of compliance or allow for a change in ownership or
operational control of a facility including addition, deactivation or
relocation of discharge points where the Division determines that no
other change in the permit is necessary.
a) 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:
(i) Violation of any terms or conditions of the permit;
(ii) Obtaining a permit by misrepresentation or failing to
disclose any fact which is material to the granting or
denial of a permit or to the establishment of terms or
conditions of the permit; or
(iii) Materially false or inaccurate statements or information in
the application for the permit; or
Code: i — 31) Date: 1 — 84
PART II
Page 17 of 19
B. RESPONSIBILITIES (CONTINUED)
5. Modification, Suspension, or Revocation of Permits By the Division
(Continued)
(iv) Promulgation of a 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 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:
(i) Promulgation of Water Quality Standards applicable to waters
affected by the permitted discharge; or
(ii) Effluent limitations or other requirements applicable
pursuant to the State Act or federal requirements; or
(iii) Control regulations promulgated; or
(iv) Data submitted pursuant to Part I.B indicates a potential
for violation of adopted Water Quality Standards or stream
classifications.
c) This permit may be modified in whole or in part to include any
condition set forth in any approval granted, pursuant to C.R.S.
1973, 25-8-702, as amended for the construction or enlargement of
any domestic wastewater treatment works subject to this permit.
d) This permit may be modified in whole or in part to include new
effluent limitations and other appropriate conditions where data
submitted pursuant to Part I.B.3 indicates that such effluent
:Limitations and conditions are necessary to ensure compliance with
applicable water quality standards and protection of classified
uses.
e) At the request of the permittee, the Division may modify, or
germinate this permit if the following conditions are met:
(i) In the case of termination, the permittee notifies the
Division of its intent to terminate the permit 90 days prior
to the desired date of termination;
Code: i - 31 Date: 1 - 84
PART II
Page 18 of 19
B. RESPONSIBILITIES (CONTINUED)
5. Modification, Suspension, or Revocation of Permits By the Division
(Cot:tinued )
(ii) In the case of termination, 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.
(iii) The Regional Administrator has been notified of the proposed
modification or termination and does not object in writing
within thirty (30) days of receipt of notification;
(iv) The Division finds that the permittee has shown reasonable
grounds consistent with the Federal and State statutes and
regulations for such modification, amendment or termination;
(v) Fee requirements of Section 6.16.0 of State Discharge Permit
System Regulations have been met; and
(vi) Requirements of public notice have been met.
6. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution
of any legal action or relieve the permittee from any responsibilities,
liabilities, or penalties to which the permittee is or may be subject
to under Section 311 (Oil and Hazardous Substance Liability) of the
Clean Water Act.
7. State Laws
Nothing in this permit shall be construed to preclude the institution
of any legal action or relieve the permittee from any responsibilities,
liabilities, or penalties established pursuant to any applicable State
law or regulation under authority granted by Section 510 of the Clean
Water. Act.
8. Permit Violations
Failure to comply with any terms and/or conditions of this permit shall
be a violation of this permit.
Code: i - 32 Date: 1 - 84
PART II
Page 19 of 19
B. RESPONSIBILITIES (CONTINUED)
9. Property Rights
The issuance of this permit does not convey any property or water
rights in either real or personal property, or stream flows, or any
exclusive privileges, nor does it authorize any injury to private
property or any invasion of personal rights, nor any infringement of
Federal, State or local laws or regulations.
10. Severability
The provisions of this permit are severable. If any provisions of
this permit, or the application of any provision of this permit to any
circumstance, is held invalid, the application of such provision to
other circumstances and the application of the remainder of this
permit shall not be affected.
11. Renewal Application
If the permittee desires to continue to discharge a permit renewal
application shall be submitted at least one hundred eighty (180) days
before this permit expires. If the permittee anticipates there will
be no discharge after the expiration date of this permit, the Division
should be promptly notified so that it can terminate the permit in
accordance with Part II.B.6.
12. Confidentiality
Any information relating to any secret process, method of manufacture
or production, or sales or marketing data, which may be acquired,
ascertained, or discovered, whether in any sampling investigation,
emergency investigation, or otherwise, shall not be publicly disclosed
by any member, officer, or employee of the commission or the Division,
but shall be kept confidential. Any person seeking to invoke the
protection of this Subsection (2) shall bear the burden of proving its
applicablility. This section shall never be interpreted as preventing
full disclosure of effluent data.
13. Fees
The permittee is require to submit payment and annual fee as set forth
in the 1983 amendments to the Water Quality Control Act. Section
25-8-502 (1) (b), and State Discharge Permit Regulations 5CCR 1002-2,
Section 6.16.0 as amended. Failure to submit the required fee when
due and payable is a violation of the permit and will result in
enforcement action pursuant to Section 25--8-601 et. seq., C.R.S. 1973
as amended.
Code: i - 33 Date: 1 - 84
COLORADO DEPARTMENT OF HEALTH
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
RATIONALE
FILOHA MEADOWS HEALTH
EDUCATION FACILITY
PERMIT NUMBER CO -0040967
PITKIN COUNTY
FACILITY TYPE:
Industrial (New)
SIC NO.:
7299
LOCATION:
W 1/2 Sec. 4, T10S, R88W, approximately 3 miles
north of Redstone, CO
LEGAL CONTACT:
Dr. Bernarr Johnson
Owner
14628 Highway 133
Carbondale, CO 81623
(303)+963-0382
LOCAL CONTACT:
Melbert Peterson
Facility Manager
14628 Highway 133
Carbondale, CO 81623
(303)+963-0382
RECEIVING WATERS:
Crystal River
SUB -BASIN, SEGMENT:
Segment 8, Roaring Fork River Sub -basin, Upper
Colorado River basin
CLASSIFICATION:
Recreational, Class 1
Aquatic Life, Class 1 (Cold)
Agricultural Use
Water Supply
Q7-10 (Stream low -flow):
70 cfs
DESIGN FLOW:
77 gpm (0.17 cfs or 0.11 MGD)
COLORADO DEPARTMENT OF HEALTH
Water Quality Control Division
Rationale - Page 2
Permit No. CO -0040967
FACILITI'Y DESCRIPTION:
The Filoha Meadows Health Education Facility consists of a medical clinic, a
health education facility and an arthritis research center. The facility will
include hot mineral therapy and exercise pools. Geothermally heated mineral
water, obtained from the Granges and Johnson Hot Springs, will flow through
the pools. Flow from the hot springs will be 50 gpm (0.07 MGD). The spring
water will be mixed with 27 gpm (0.04 MGD) chlorinated well water. The
combined flow of 77 gpm (0.11 MGD) will be the source for 2-600 gallon therapy
pools, one 6300 gallon swim spa and radiant floor heating. Detention times
are one hour each for the therapy pools and two hours for the swim spa. The
pools' outflow will combine with the outflow from the radiant floor heating
and discharge to the Crystal River. A sedimentation pond may be installed if
it becomes necessary, although it is unlikely to be needed. In any event, the
outfall 001 and monitoring point shall be at the point of discharge to the
Crystal River (see Figure 1 on Page lc of the permit).
MONITORING SUO ARY:
An analysis of one of the region's hot springs, the state hot spring, was
submitted with the permit application. Results for lead, silver, copper and
sulfate were ;somewhat above the applicable water quality standards. But a
dilution ratio of 412:1 of the effluent with the receiving water at the 7 -day,
10 -year low f.1ow (Q7_10) assures no impact from this discharge on the
receiving water.
The spring water is saline. The analysis showed a total dissolved solids
concentration of 2328 mg/1. At a discharge flow of 0.072 MGD (hot springs
flow only) this would result in a discharge of 1399 pounds per day (0.7 tons
per day).
Iron and nickel analyses were not included in the hot spring analysis but are
unnecessary due to the high dilution ratio.
COLORADO DEPARTMENT OF HEALTH
Water Quality Control Division
Rationale - Page 3
Permit No. CO -0040967
APPLICABLE RULES AND REGULATIONS:
No federal effluent guidelines exist for this facility. As a result, effluent
limitations will be based on applicable state effluent standards (SES) and
water quality standards (WQS). A comparison of the SES and WQS-based
limitations is shown in Table 1 below.
Parameter
TABLE 1
SES
pH, s. -a. 6.0 - 9.0
Oil and Greasy=_, mg/l 10
Total Residual Chlorine, mg/l 0.5
Total Suspended Solids, mg/1 2/ 30/45
l/ Derivation of this limitation is shown below
WQS Based Limitation
6.5 - 9.0
N/A
1.24 l/
N%A
2/ Because raw water is obtained from the groundwater, total suspended solids
limitations are not appropriate though monitoring will be required for a
mi;aimum of six months. State effluent standards, 30 -day average/7-day
average respectively, are shown for comparison.
NOTE: As discussed earlier, no limitations are appropriate for other water
quality standards.
Water Quality Standard (WQS) based effluent limitations are calculated using
the following mass balance formula:
EL = WQS `Q7-10 + QEFF) - 07-10 X CAMB)
QEFF
Where:
EL = Calculated effluent limitation (mg/1)
WQS = Applicable water quality standard (mg/1)
Q7•-10 = Receiving water 7 -day, 10 -year low flow (70 cfs)
QE]F = Maximum effluent flow (0.17 cfs)
CAJ,IB = Ambient instream concentration (mg/1)
Following are some specific calculations:
1. TRC
EL = 0.003 (70 + 0.17) — (70 X 0)
0.17
= 1.24 mg/l
Ambient instream concentration is assumed to be zero.
COLORADO DEPARTMENT OF HEALTH
Water Quality Control Division
Rationale - Page 4
Permit No. CO -0040967
2. Examples of Metals Limitations
a. Silver
EL = 0.0001 (70 + 0.17)
0.17
= 0.04 mg/1 (Analysis showed 0.001 mg/1)
b. Lead
EL = 0.004 (70 + 0.17)
0.17
= .1.65 mg/l (Analysis showed 0.012 mg/1)
c. Copper
EL = 0.005 (70 + 0.17)
0.17
= .2.06 mg/l (Analysis showed 0.009 mg/1)
For these three examples, ambient instream concentration is also assumed
to be zero.
COLORADO DEPARTMENT OF HEALTH
Water Quality Control Division
Rationale - Page 5
Permit No. CO -0040967
EFFLUENT LIMITATIONS, RATIONALE AND MONITORING FREQUENCIES:
Effluent limitations, chosen as the more stringent in Table 1, are shown in
Table 2 below.
TABLE 2
Monitoring
Parameter Limitation Rationale Frequency
Flow, MGD N/A Monitor Weekly
pH, s.u. 6.5 - 9.0 WQS Weekly
Oil and Grease, mg/1 10 SES Weekly
Total Residual Chlorine, 0.5 SES Weekly
mg/l
Total Suspended Solids, mg/1 N/A 2/ Monthly
Salinity N/A 1/ Quarterly
l/ In compliance with the "Regulations for Implementation of the Colorado
River Salinity Standards Through the NPDES Permit Program," the permittee
shall sample for salinity in the wastewater effluent on a monthly basis
until six samples have been analyzed. Thereafter monitoring shall continue
on a quarterly basis. The Division will review the first six months of
data and determine if a waiver of numeric limitations can be granted based
on the salt -load to the river being less than one ton/day (or 350
tons/year). If a waiver is not granted, then the permittee has an
additional six months to submit a report in accordance with the Salinity
Regulations, addressing economic feasability of salt -removal.
2/ Although this permit will not contain total suspended solids limitations at
this time, monthly monitoring for six months will be required. At the end
of that period, the permittee may request that monitoring no longer be
required, providing all monitoring results are below state effluent
standards. Should monitoring indicate a TSS problem, the division may
impose specific numeric limitations.
COLORADO DEPARTMENT OF HEALTH
Water Quality Control Division
Rationale - Page 6
Permit: No. C:0-0040967
DISCUSSION:
1. Materials Containment Plan
P<<rt I.E.1. on Pages 6 and 7 of the permit details requirements for a
materials containment plan. All materials which may impact state waters
must have containment provisions.
2. Reo ever Clause
This permit may be reopened and modified as discussed in Part II.B.5. if
there is a significant change in state or federal water quality
regulations, a significant change in operation at the facility, or at the
request of the permittee.
3. Compliance Dates
The following items must be submitted by the specified date under the
conditions of this permit.
a. Materials Containment Plan, Part I.E.1.
- 90 days from effective date
b. Person responsible for reporting noncompliance, Part I.D.1.
- 60 days from effective date
Jon C. Kubic
December 10, 1984
CoLO
COLORADO DEPARTMENT
Richard D. Lamm
Governor g 7 6
DRAFT PERMIT FOR PUBLIC NOTICE
TO WHOM IT MAY CONCERN:
OF HEALTH
Thomas M. Vernon, M.D.
Executive Director
Enclosed is a copy of the draft permit for your facility which has
just been sent to public notice. In the draft you «:ay find several
handwritten changes and typographical errors.
Because of the many changes that your permit may undergo before
issuance, all changes and corrections will be made after the public
notice period. Your review of the draft in its draft form will
expedite issuance of a final permit.
Your understanding in this manner is appreciated. If you have any
questions about the corrections or typographical errors, please
contact the Permits and Enforcement Section of the Water Quality
Control Division.
Thank you for your cooperation.
Singerely,
ary G.,'Broetzman
Director
WATER QUALITY CONTROL DIVISION
GGB/dkg
Permit No.: CO -0040967
County: Pitkin
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")
Filoha Meadows Health Education Facility
is authorized to discharge from the hot mineral pools
located in the W 1/2, Sec. 4, T10S, R88W, approximately 3 miles north of
Redstone, CO
to Crystal River
in accordance with effluent limitations, monitoring requirements and other
conditions set forth in Part I, and II hereof. All discharge+s authorized
herein shall be consistant with the terms and conditions of this permit.
This permit shall become effective thirty (30) days after the date signed by
the Director. Should the applicant choose to contest any of the effluent
limitations, monitoring requirements or other conditions contained herein, the
applicant must comply with Section 24-4-104 CRS 1973 and the Regulation for
the State Discharge Permit System. Failure to contest any such effluent
limitation, monitoring requirement, or other condition, constitutes consent to
the condition by the Applicant.
This permit and the authorization to discharge shall expire at midnight,
December 31, 1989
Issued and Signed this day of
COLORADO DEPARTMENT OF HEALTH
Gary G. Broetzman
Director
Water Quality Control Division
Code: i - 1 Date: 1 - 84
PART I
Page la of 19
Permit No.: CO -0040967
A. TERMS AND CONDITIONS
1. Effluent Limitations
Beginning immediately and lasting through December 31, 1989, the
permittee is authorized to discharge from outfall(s) serial number(s):
001
In accordance with the Water Quality Control Commission Regulations for
Effluent Limitations, Section 10.1.3, and State Discharge Permit System
Regulations, Section 6.9.2, 5 C.C.R. 1002-2, the permitted discharge
shall not contain effluent parameter concentrations which exceed the
following limitations, discharge more than the mass pollutant loadings
specified below or exceed the specified flow limitation.
Effluent Parameter
Discharge
Limitations
30 -Day Avg a/
7 -Day Avg b/
Daily Max c/
Flow, MGD
NA
NA
NA
Total Suspended Solids, mg/l
NA
NA
NA
Total Residual Chlorine, mg/l
NA
NA
0.5
Salinity
NA
NA
NA
pH - standard units shall remain between 6.5 and 9.0 c/.
Oil and Grease shall not exceed 10 mg/l in any grab sample nor shall there be a
visible sheen c/. If a visible sheen or floating oil is observed, corrective
action shall be taken immediately.
There shall be no discharge of floating solids.
See Part I.C. for Footnotes.
Code: i - 2 Date: 1 - 84
PART I
Page lb of 19
Permit No.: CO -0040967
B. MONITORING REQUIREMENTS
1. Frequency and Sample Type
In order to obtain an indication of the probable compliance or
noncompliance with the effluent limitations specified in Section A, the
permittee shall monitor all effluent parameters at the following
frequencies.
(a) Discharge Point(s) 001
Effluent Parameter
Flow, MGD
Total Suspended Solids, mg/1*
Oil and Grease, mg/l f/
pH, s.u.
Total Residual Chlorine, mg/l
Salinity &/
Measurement Frequency d/
Weekly
Monthly
Weekly
Weekly
Weekly
Quarterly h
Sample Type e/
Instantaneous
or Continuous
Grab
Visual/Grab
Grab
Grab
Grab
* The permittee may apply for a cessation of monitoring after six months
providing all results are below state effluent standards.
Reporting of the above data shall be on a quarterly basis. Refer to
Part I. D.2 for specific requirements.
Sampling by the permittee for compliance with the monitoring
requirements specified above shall be performed at the following
location(s): 001, as shown in Figure 1 on Page lc.
Monitoring by the Division for the purpose of compliance and/or
enforcement of the effluent limitations shall be performed as per
"Sample Type" specified above.
2. Flow Measuring Exemption or Modification
NICO r1 p? Ifcw61E
See Part I.C. for Footnotes.
Code: i - 4 Date: 1 - 84
PART I
Page lc of 19
Permit No. CO -0040967
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Permit No. CO -0040967
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Figure 2
Filoha Meadows Health Ed. Facility
General Location - 30
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PART I
Page 2 of 19
C. FOOTNOTES - APPLICABLE TO PRECEDING PAGES
a/ - The thirty (30) day average shall be determined by the arithmetic
mean of three (3) samples collected in separate calendar weeks during
a thirty (30).consecutive-day period with a minimum of 20 days
occurring between the first and last sample days..
b/ - The seven (7) day average shall be determined by the arithmetic mean
of a minimum of three samples taken on separate days in a seven (7)
day period.
c/ - This limitation shall be determined by a single sample as required by
Part I.B. Sample Type.
d/ - When the measurement frequency indicated is quarterly, the samples
shall be collected during March, June, September and December, if a
continual discharge occurs. If the discharge is intermittent, then
samples shall be collected during the period that discharge occurs.
If the permittee, using the approved analytical methods, monitors any
parameter more frequently than required by this permit, then the
results of such monitoring shall be included in the calculation and
reporting of the values required in the Discharge Monitoring Report
Form or other forms as required by the Division. Such increased
frequency shall also be indicated.
e/ - Definitions of Sample Type
1. A "composite" sample, for monitoring requirements, is a minimum
of four (4) grab samples collected at equally spaced two (2) hour
intervals and proportioned according to flow.
2. A "grab" sample, for monitoring requirements, is a single "dip
and take" sample.
3. An "instantaneous" measurement, for monitoring requirements, is a
single reading, observation, or measurement performed on site.
4. A "continuous" measurement, for flow monitoring requirements, is
a measurement obtained from an automatic recording device which
continually measures flow.
5. A "visual" observation, for oil and grease monitoring
requirements, is observing the discharge to check for the
presence of a visible sheen or floating oil.
Code: i - 16 Date: 1 - 84
PART I
Page 3 of 19
C. FOOTNOTE'S (Continued)
e/ - Definitions of Sample Type (Continued)
6. An "in-situ" measurement, for monitoring requirements, is defined
as a single reading, observation or measurement taken in the field
at the point of discharge.
f/ - In the event an oil sheen is observed, a grab sample shall be
collected, analyzed, and reported. In addition, corrective action
stall be taken immediately to mitigate the discharge of oil and
grease.
yL/ - Salinity shall be measured as Total Dissolved Solids (TDS). Where
based on a minimum of 5 samples, the permittee demonstrates, to the
satisfaction of the Water Quality Control Division, that the level of
TDS in the effluent can be calculated based upon the level of
electrical conductivity, the permittee may measure and report
salinity in terms of electrical conductivity.
h/ - Salinity shall be sampled on a monthly basis until six samples have
been analyzed. A report of "No Discharge" shall not be counted as
one of the six sampled. Thereafter, monitoring shall continue on a
quarterly basis. Following submittal of initial six sets of monthly
data, the Division shall determine whet%er the permittee is required
to submit a report addressing salt removal in accordance with
Regulations For Implementation of the Colorado River Salinity.
Standards Through the NPDES Permit Program 3.10.0. If the salinity
report is required, the Division shall so advise the permittee by
letter and the report shall be submitted within 180 days.
i/ - This parameter is subject to "Noncompliance Notification"
requirements of Part II.A.3.b.v of this permit.
- Procedure for determining settleable solids is contained in 40 CFR
434.64. The method detection limit for measuring settleable solids
under this part shall be 0.4 ml/1.
k_/ - Should a precipitation event occur which is greater than the 10 -year,
24-hour event, the permittee shall submit rain gauge or other
appropriate documentation in order for an exemption to be claimed.
In lieu of such documenation, limitations contained in Part I.A.l(b),
shall apply. Documentation shall be reported as an attachment to the
Discharge Monitoring Report (DMR) for the appropriate period.
Code: i - 17 Date: 1 - 84
PART I
Page 4 of 19
D. REPORTING
1. Signatory Requirements
All reports required for submittal shall be signed and certified for
accuracy by the permittee in accord with the following criteria:
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 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, or
other duly authorized employee.
Within sixty (60) days of the effective date of this permit, the
permittee shall file a statement with the Environmental Protection
Agency and the Water Quality Control Division which shall contain
the names of thJ person or persons who are designated to report
conditions on discharge monitoring reports and as noted in
"Noncompliance Notification", Part II A. The permittee shall
continually update this list as changes occur at the facility.
2. Data Reporting
Part I.B.1 specifies the frequency for reporting data and the permittee
shall submit data in accordance with the appropriate frequency below.
a) Monthly
Monitoring results shall be summarized for each month and reported
on applicable discharge monitoring report forms received at this
office no later than the 28th day of the following month. If no
discharge occurs during the reporting period, "No Discharge" shall
be reported.
Code: i - 18 Date: 1 - 84
PART I
Page 5 of 19
D. REPORTING (CONTINUED)
2. Data Reporting (Continued)
b) Quarterly
Monitoring results obtained during the previous 3 months shall be
summarized for each calendar month and reported on applicable
discharge monitoring report forms (EPA Form 3320-1), received at
this office no later than the 28th day of the month following the
completed quarter. For example, for the 1st quarter (January,
February, and March) the 3 monthly reports must be received at this
office no later than April 28. If no discharge occurs during the
reporting period, "No Discharge" shall be reported.
Duplicate signed copies of the above report forms shall be submitted to
the following addresses:
Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
Attention: Permits and Enforcement
Code: i - 19 Date: 1 - 84
U.S. Environmental Protection Agency
1860 Lincoln Street - Suite 103
Denver, Colorado 80295
Attention: Enforcement -Permit Program
PART I
Page 6 of 19
E. SPECIAL RE'QUIREM..NTS
1. Materials Containment Plan
Pursuant to Sections 6.9.3 (5) and (6)(b) of the Regulations for the
Stage Discharge Permit System, the permittee is required to submit a
Materials Containment Plan. Such a plan shall be submitted to the
Permits and Enforcement Section, Water Quality Control Division within
ninety (90) days after the effective date of this permit. The plan
shall include information and procedures for the prevention and
containment of spills of materials used, processed or stored at the
facility which if spilled would have a reasonable probability of having
a visible or otherwise detremental impact on waters of the State 1/ 2/.
The plan shall include, but not necessarily be limited to the following:
a) A history of spills which have occurred in the three (3) years
preceeding the effective date of this permit. The history shall
include a causation of the spills and a discussion of preventative
measures designed to prevent them from reoccurring;
b) A description of the reporting system which will be used to notify
responsible facility management, the State Water Quality Control
Division, the Environmental Protection Agency, downstream water
users within 5 miles downstream of the facility, and local health
officials;
c) A description of preventative facilities (including overall facility
plot) which prevent, contain, or treat spills and unplanned
discharges;
d) A list which includes the volumes or quantities of all materials
used, processed, or stored at the facility which represent a
potential spill threat to surface waters. The location of stored
material shall be indicated on the facility plot submitted for Item
c;
1/ If there is no such material present at the site, this shall be indicated in
writing and submitted to the Division for review.
2/ If there is material present but the permittee feels there is not a
reasonable probability of a spill impacting waters of the State, this shall
be documented in writing and submitted to the Division for review. This
documentation shall include; 1) distance to nearest surface waters, and; 2)
a detailed description of any structure which prohibits the release of
material onto the ground or into a conveyance system.
Code: i - 20 Date: 1 - 84
PART I
Page 7 of 19
E. SPECIAL REQUIREMFI%'TS (CONTINUED)
1. Materials Containment Plan (Continued)
e) An implementation schedule for additional facilities which might be
required in (c) above, but which are not yet operational;
f) A list of available outside contractors, agencies, or other bodies
which could be utilized in the event of a spill in order to clean
up its effects. If the facility is capable of handling spills
in-house, this shall be documented in the plan;
g) Provision for yearly review and updating of the contingency plan,
plus resubmission of the plan to the Division if conditions and/or
procedures at the facility change the original plan.
The foregoing provisions shall in no way render inapplicable those
requirements imposed by Section 311 of the Water Pollution Control Act
Amendments of 1972, regulations promulgated thereunder, the Colorado
Water Quality Control Act, and regulations promulgated thereunder.
This plan should be prepared by a professional engineer registered in
the State of Colorado.
Nothing herein contained shall be construed as allowing any discharge
to waters of the State other than through the discharge points
specifically authorized in this permit. Nothing herein contained shall
be construed as excusing any liability the permittee might have, civil
or criminal, for any spill.
The submittal of an Spill Prevention Control and Countermeasure Plan
(SPCC Plan) as required by 40 CFR Part 112 may satisfy all or part of
this requirement. Should additional materials exist on site which are
not addressed in the SPCC Plan, addressing those materials as per the
above will be required.
Code: i - 21 Date: 1 - 84
PART I
Page 8 of 19
F. GENERAL REQUIREMENTS
I. Representative Sampling
Samples and measurements taken for the purpose of monitoring shall be
representative of the monitored activity.
2. Analytical and Sampling Methods for Monitoring
Ana'_ytical and sampling methods utilized by the discharger shall
conform to Colorado Regulations for Effluent Limitations (10.1.5), and
to regulations published pursuant to Section 304 (h) of the Clean Water
Act.
The analytical method selected for a paramenter shall be the one that
can measure the lowest detected limit for that paramenter unless the
stage standard is within the testing range of another approved method.
3. Records
The permittee shall establish and maintain records. Those records
shall include the following:
a) The date, type, exact place, and time of sampling or measurements;
b) The individual(s) who performed the sampling or measurements;
c) The date(s) the analyses were performed;
d) The individual(s) who performed the analyses;
e) The analytical techniques or methods used; and
f) The results of such analyses.
The permittee shall retain for a minimum of three (3) years records of
all monitoring information, including all original strip chart
recordings for continuous monitoring instrumentation, all calibration
and maintenance records, copies of all reports required by this permit
and records of all data used to complete the application for this
permit. This period of retention shall be extended during the course
of any unresolved litigation regarding the discharge of pollutants by
the permittee or when requested by the Division or Regional
Administrator of EPA.
Code: i - 22 Date: 1 - 84
PART I
Page 9 of 19
F. GENERAL REQUIREMENTS (Cont'd. )
4. Flow Measuring Device
If not already a part of the permitted facility, within ninety (90)
days after the effective date of the permit, a flow measuring device
shall be installed to give representative values of effluent quantities
at the respective discharge points. Unless specifically exempted or
modified in Part I.B.2 of this permit, a flow measuring device will be
applicable at all designated discharge points.
At the request of the Director of the Water Quality Control Division,
or the Regional Administrator of the Environmental Protection Agency,
or their authorized representative, the permittee shall show proof of
the accuracy of any flow -measuring device used in obtaining data
submitted in the monitoring report. The flow -measuring device must
indicate values within ten (10) percent of the actual flow being
discharged from the facility.
Code: i - 23 Date: 1 - 84
PART II
A. MANAGEMENT REQUIREE-MENTS
1. Change in Discharge
Page 10 of 19
The permittee shall inform the Division (Permits and Enforcement
Section) in writing of any intent to construct, install, or alter any
process, facility, or activity that is likely to result in a new or
altered discharge and shall furnish the Division such plans and
specifications which the Division deems reasonably necessary to
evaluate the effect on the discharge and receiving stream.
The permittee shall submit this notice within two (2) weeks after
making a determination to perform the type of activity referred to in
the preceding paragraph. Process modifications include, but are not
limited to, the introduction of any new pollutant not previously
identified in the permit, or any other modifications which may result
in a discharge of a quantity or quality different from that which was
applied for. Following such notice, the permittee shall be required to
submit a new CDPS application and the permit may be modified to specify
and limit any pollutants not previously limited, if the new or altered
discharge might be inconsistent with the conditions of the existing
permit. In no case shall the permittee implement such change without
first notifying the Division.
2. Special Notifications - Definitions
a) Bypass: The intentional diversion of waste streams from any
portion of a treatment facility.
b) Severe Property Damage: Substantial physical damage to property at
the treatment facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can
reasonably be expected to occur in the absence of a bypass. It
does not mean economic loss caused by delays in production.
c) Spill: An unintentional release of solid or liquid material which
may cause pollution of state waters.
d) Upset: An exceptional incident in which there is unintentional and
temporary noncompliance with permit effluent limitations because of
factors beyond the reasonable control of the permittee. An upset
does not include noncompliance to the extent caused by operational
error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventive maintenance, or careless
or improper operation.
Code: i - 24 Date: 1 - 84
PART II
Page 11 of 19
A. MANAGEMENT REQUIREMENTS (CONTINUED)
3. Noncompliance Notification
a) If, for any reason, the permittee does not comply with or will be
unable to comply with any maximum discharge limitations or
standards specified in this permit, the permittee shall, at a
minimum, provide the Water Quality Control Division and EPA with
the following information:
(i) A description of the discharge and cause of noncompliance;
(ii) The period of noncompliance, including exact dates and times
and/or the anticipated time when the discharge will return
to compliance; and
(iii) Steps being taken to reduce, eliminate, and prevent
recurrence of the noncomplying discharge.
b) The permittee shall report the following instances of noncompliance
orally within twenty-four (24) hours from the time the permittee
becomes aware of the noncompliance, and shall mail to the Division
a report within five (5) days after becoming aware of the
noncompliance:
(i) Any instance of noncompliance which may endanger health or
the environment;
(ii) Any unanticipated bypass;
(iii) Any upset which causes an exceedance of any effluent
limitation in the permit;
(iv) Any spill which causes any effluent limitation to be
violated;
(v) Daily maximum violations for any toxic pollutants or
hazardous substances limited by PART I -A of this permit and
specified as requiring 24 hour notification.
c) The permittee shall report all other instances of non-compliance
not requiring 24-hour notification at the time Discharge Monitoring
Reports are submitted. The reports shall contain the information
listed in sub -paragraph (a) of this section.
Code: i - 25 Date: 1 - 84
PART II
Page 12 of 19
A. MANAGEMENT REQUIREMENTS (CONTINUED)
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, the permittee shall promptly submit the
relevant application information which was not submited or any
additional information needed to correct any erroneous information
previously submitted.
5. Bypass
1) Bypass is prohibited, and the Division may take enforcement action
against a permittee for bypass, unless:
a) The bypass did not cause effluent limitations to be exceeded
and was for essential maintenance to assure efficient operation;
b) Bypass was unavoidable to prevent loss of life, personal
injury, or severe property damage;
c) There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated
wastes, or maintenance during normal periods of equipment
downtime. This condition is not satisfied if the permittee
could have installed adequate backup equipment to prevent a
bypass which occurred during normal periods of equipment
downtime or preventative maintenance; and
d) The permittee submitted notices as required in "Bypass
Notification", Part II.A.6.
6. Bypass Notification
If the permittee knows in advance of the need for a bypass, a notice
shall be submitted, at least ten days before the date of the bypass, to
the Division and the Environmental Protection Agency (EPA). The bypass
shall be subject to Division approval and limitations imposed by the
Division and EPA.
Code: i - 26 Date: 1 - 84
PART II
Page 13 of 19
A. MANAGF_= REQUIREMENTS (CONTINUED)
7. Upsets
a) Effect of an unset
An upset constitutes an affirmative defense to an action brought
for noncompliance with technology-based permit effluent limitations
if the requirements of paragraph (b) of this section are met. No
determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for
noncompliance, is final administrative action subject to judicial
review.
b) Conditions necessary for a demonstration of upset
13 A permittee who wishes to establish the affirmative defense of upset
shall demonstrate through properly signed contemporaneous operating
logs, or other relevant evidence that:
(i) An upset occurred and that the permittee can identify the
specific cause(s) of the upset;
(ii) The permitted facility was at the time being properly
operated; and
;iii) The permittee submitted notice of the upset as required in
Part II A.3 of this permit (24-hour notice).
(iv) The permittee complied with any remedial measures required
under Section 122.7(d) of the federal regulations.
c) Burden of proof
wn any enforcement proceeding the permittee seeking to establish
the occurrence of an upset has the burden of proof.
8. Removed Substances
Solids, sludges, or other pollutants removed in the course of treatment
or control of wastewaters shall be disposed of in a manner such as to
prevent any pollutant from such materials from entering waters of the
State..
Code: i - 27 Date: 1 - 84
PART II
Page 14 of 19
A. MANAGEINM'T REQUIREMENTS (CONTINUED)
9. 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
effluent limitations specified in this permit, including such
accelerated or additional monitoring as necessary to determine the
nature and impact of the noncomplying discharge.
10. Discharge Point
Any discharge to the waters of the State from a point source other
than specifically authorized by this permit is prohibited.
11. Reduction, Loss, or Failure of Treatment Facility
The permittee has the duty to halt or reduce any activity if necessary
to maintain compliance with the effluent limitations of the permit.
Upoa reduction, loss, or failure of the treatment facility, the
permittee shall, to the extent necessary to maintain compliance with
its permit, control production, or all discharges, or both until the
fac=ility is restored or an alternative method of treatment is
provided. This provision for example, applies to power failures,
unless an alternative power source sufficient to operate the
wastewater control facilities is provided.
It shall not be a defense for a permittee in an enforcement action
that it would be necessary to halt or reduce the permitted activity in
order to maintain compliance with the conditions of this permit.
12. 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.
Code: i - 28 Date: 1 - 84
PART II
Page 15 of 19
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, 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
violation, access to any and all facilities or areas within the
permittee's premises that may have any affect on the discharge,
permit, or alleged violation.
(D) The Division shall split a sample with the permittee if requested
to do so by the permittee.
2. Duty to Provide Information
The permittee shall furnish to the Division, within a reasonable time,
any information which the Division may request to determine whether
cause exists for modifying, revoking and reissuing, or terminating this
permit, or to determine compliance with this permit. The permittee
shall also furnish to the Division, upon request, copies of records
required to be kept by this permit.
3. Transfer of Ownership or Control
A permit may be transferred to a new permittee if:
(a) The current permittee notifies the Division in writing 30 days in
advance of the proposed transfer date; and
Code: i - 29 Date: 1 - 84
PART II .
Page 16 of 19
B. RESPONSIBILITIES (CONTINUED)
3. Transfer of Ownership or Control (Continued)
(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 State
Discharge Permit System Regulations, Section 6.16.0.
4. Availability of Reports
Except for data determined to be confidential under Section 308 of the
Federal Clean Water Act and Regulations for the State Discharge Permit
System 6.6.4 (2), all reports prepared in accordance with the terms of
this permit shall be available for public inspection at the offices of
the State Water Quality Control Division and the Regional Administrator.
5. Modification, Suspension, or Revocation of Permits By the Division
All permit modification, termination or revocation and reissuance
actions shall be subject to the requirements of the State Discharge
Permit System Regulations, Sections 6.6.2, 6.6.3, 6.8.0 and 6.16.0, 5
C.C.R. 1002-2, except for minor modifications. Minor modifications may
only correct typographical errors, require a change in the frequency of
monitoring or reporting by the permittee, change an interim date in a
schedule of compliance or allow for a change in ownership or
operational control of a facility including addition, deactivation or
relocation of discharge points where the Division determines that no
other change in the permit is necessary.
a) 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:
(i) Violation of any terms or conditions of the permit;
(ii) Obtaining a permit by misrepresentation or failing to
disclose any fact which is material to the granting or
denial of a permit or to the establishment of terms or
conditions of the permit; or
(iii) Materially false or inaccurate statements or information in
the application for the permit; or
Code: i - 30 Date: 1 - 84
PART II
Page 17 of 19
B. RESPONSIBILITIES (CONTINUED)
5. Modification, Suspension, or Revocation of Permits By the Division_____..
(Continued)
(iv) Promulgation of a 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 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:
(i) Promulgation of Water Quality Standards applicable to waters
affected by the permitted discharge; or
(ii) Effluent limitations or other requirements applicable
pursuant to the State Act or federal requirements; or
(iii) Control regulations promulgated; or
(iv) Data submitted pursuant to Part I.B indicates a potential
for violation of adopted Water Quality Standards or stream
classifications.
C) This permit may be modified in whole or in part to include any
condition set forth in any approval granted, pursuant to C.R.S.
1973, 25-8-702, as amended for the construction or enlargement of
any domestic wastewater treatment works subject to this permit.
d) This permit may be modified in whole or in part to include new
effluent limitations and other appropriate conditions where data
submitted pursuant to Part I.B.3 indicates that such effluent
:Limitations and conditions are necessary to ensure compliance with
:applicable water quality standards and protection of classified
uses.
e) At the request of the permittee, the Division may modify, or
terminate this permit if the following conditions are met:
(i) In the case of termination, the permittee notifies the
Division of its intent to terminate the permit 90 days prior
to the desired date of termination;
Code: i - 37. Date: 1 - 84
PART II
Page 18 of 19
B. RESPONSIBILITIES (CONTINUED)
5. Modification, Suspension, or Revocation of Permits By the Division
(Continued)
(ii) In the case of termination, 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.
(iii) The Regional Administrator has been notified of the proposed
modification or termination and does not object in writing
within thirty (30) days of receipt of notification;
(iv) The Division finds that the permittee has shown reasonable
grounds consistent with the Federal and State statutes and
regulations for such modification, amendment or termination;
(v) Fee requirements of Section 6.16.0 of State Discharge Permit
System Regulations have been met; and
(vi) Requirements of public notice have been met.
6. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution
of any legal action or relieve the permittee from any responsibilities,
liabilities, or penalties to which the permittee is or may be subject
to under Section 311 (Oil and Hazardous Substance Liability) of the
Clean Water Act.
7. State Laws
Nothing in this permit shall be construed to preclude the institution
of any legal action or relieve the permittee from any responsibilities,
liabilities, or penalties established pursuant to any applicable State
law or regulation under authority granted by Section 510 of the Clean
Water. Act.
8. Permit Violations
Failure to comply with any terms and/or conditions of this permit shall
be a violation of this permit.
Code: i - 32 Date: 1 - 84
PART II
Page 19 of 19
B. RESPONSIBILITIES (CONTINUED)
9. Property Rights
The issuance of this permit does not convey any property or water
rights in either real or personal property, or stream flows, or any
exclusive privileges, nor does it authorize any injury to private
prcperty or any invasion of personal rights, nor any infringement of
Federal, State or local laws or regulations.
10. Severability
The provisions of this permit are severable. If any provisions of
this permit, or the application of any provision of this permit to any
circumstance, is held invalid, the application of such provision to
other circumstances and the application of the remainder of this
permit shall not be affected.
11. Renewal Application
If the permittee desires to continue to discharge a permit renewal
application shall be submitted at least one hundred eighty (180) days
before this permit expires. If the permittee anticipates -there will
be no discharge after the expiration date of this permit, the Division
should be promptly notified so that it can terminate the permit in
accordance with Part II.B.6.
12. Confidentiality
Any information relating to any secret process, method of manufacture
or production, or sales or marketing data, which may be acquired,
ascertained, or discovered, whether in any sampling investigation,
emergency investigation, or otherwise, shall not be publicly disclosed
by any member, officer, or employee of the commission or the Division,
but shall be kept confidential. Any person seeking to invoke the
protection of this Subsection (2) shall bear the burden of proving its
applicablility. This section shall never be interpreted as preventing
full disclosure of effluent data.
13. Fees
The permittee is require to submit payment and annual fee as set forth
in the 1983 amendments to the Water Quality Control Act. Section
25-8-502 (1) (b), and State Discharge Permit Regulations 5CCR 1002-2,
Section 6.16.0 as amended. Failure to submit the required fee when
due and payable is a violation of the permit and will result in
enforcement action pursuant to Section 25-8-601 et. seq., C.R.S. 1973
as amended.
Code: i - 33 Date: 1 - 84
COLORADO DEPARTMENT OF HEALTH
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
RATIONALE
FILOHA MEADOWS HEALTH
EDUCATION FACILITY
PERMIT NUMBER CO -0040967
PITKIN COUNTY
FACILITY TYPE: Industrial (New)
SIC NO.: 7299
LOCATION: W 1/2 Sec. 4, T10S, R88W, approximately 3 miles
north of Redstone, CO
LEGAL CONTACT: Dr. Bernarr Johnson
Owner
14628 Highway 133
Carbondale, CO 81623
(303)+963-0382
LOCAL CONTACT: Melbert Peterson
Facility Manager
14628 Highway 133
Carbondale, CO 81623
(303)+963-0382
RECEIVING WATERS: Crystal River
SUB -BASIN, SEGMENT: Segment 8, Roaring Fork River Sub -basin, Upper
Colorado River basin
CLASSIFICATION: Recreational, Class 1
Aquatic Life, Class 1 (Cold)
Agricultural Use
Water Supply
Q7-10 (Stream low -flow): 70 cfs
DESIGN FLOW: 77 gpm (0.17 cfs or 0.11 MGD)
COLORADO DEPARTMENT OF HEALTH
Water Quality Control Division
Rationale - Page 2
Permit No. CO -0040967
FACILITY DESCRIPTION:
The Filoha Meadows Health Education Facility consists of a medical clinic, a
health education facility and an arthritis research center. The facility will
include hot mineral therapy and exercise pools. Geothermally heated mineral
water, obtained from the Granges and Johnson Hot Springs, will flow through
the pools. Flow from the hot springs will be 50 gpm (0.07 MGD). The spring
water will be mixed with 27 gpm (0.04 MGD) chlorinated well water. The
combined flow of 77 gpm (0.11 MGD) will be the source for 2-600 gallon therapy
pools, one 6300 gallon swim spa and radiant floor heating. Detention times
are one hour each for the therapy pools and two hours for the swim spa. The
pools' outflow will combine with the outflow from the radiant floor heating
and discharge to the Crystal River. A sedimentation pond may be installed if
it becomes necessary, although it is unlikely to be needed. In any event, the
outfall 001 a -ad monitoring point shall be at the point of discharge to the
Crystal River (see Figure 1 on Page lc of the permit).
MONITORING SU.LARY:
An analysis of one of the region's hot springs, the state hot spring, was
submitted with the permit application. Results for lead, silver, copper and
sulfate were somewhat above the applicable water quality standards. But a
dilution ratio of 412:1 of the effluent with the receiving water at the 7 -day,
10 -year low flow 07-10) assures no impact from this discharge on the
receiving water.
The spring water is saline. The analysis showed a total dissolved solids
concentration of 2328 mg/1. At a discharge flow of 0.072 MGD (hot springs
flow only) this would result in a discharge of 1399 pounds per day (0.7 tons
per day).
Iron and nickel analyses were not included in the hot spring analysis but are
unnecessary due to the high dilution ratio.
COLORADO DEPARTMENT OF HEALTH
Water Quality Control Division
Rationale - Page 3
Permit No. CO -0040967
APPLICABLE RULES AND REGULATIONS:
No federal effluent guidelines exist for this facility. As a result, effluent
limitations will be based on applicable state effluent standards (SES) and
water quality, standards (WQS). A comparison of the SES and WQS-based
limitations is shown in Table 1 below.
TABLE 1
Parameter SES WQS Based Limitation
pH, s.u. 6.0 - 9.0 6.5 - 9.0
Oil and Grease, mg/l 10 N/A
Total Residual Chlorine, mg/1 0.5 1.24 l/
Total Suspended Solids, mg/1 2/ 30/45 N/A
l/ Derivation of this limitation is shown below
2/ Because raw water is obtained from the groundwater, total suspended solids
limitations are not appropriate though monitoring will be required for a
minimum of six months. State effluent standards, 30 -day average/7-day
average respectively, are shown for comparison.
NOTE: As discussed earlier, no limitations are appropriate for other water
quality standards.
Water Quality standard (WQS) based effluent limitations are calculated using
the following mass balance formula:
EL = WQS (Q7-10 + QEFF) - (Q7-10 X CAMB)
QEFF
Where:
EL = Calculated effluent limitation (mg/1)
WQS = Applicable water quality standard (mg/1)
Q7-10 = Receiving water 7 -day, 10 -year low flow (70 cfs)
QEFF = Maximum effluent flow (0.17 cfs)
CAn = Ambient instream concentration (mg/1)
Following are some specific calculations:
1. TRC
EL = 0.003 (70 + 0.17) - (70 X 0)
0.17
= 1.24 mg/l
Ambient instream concentration is assumed to be zero.
COLORADO DEPARTMENT OF HEALTH
Water Quality Control Division
Rationale - Page 4
Permit No. C:0-0040967
2. Examples of Metals Limitations
a. Silver
EL = 0.0001 (70 + 0.17)
0.17
= 0.04 mg/l (Analysis showed 0.001 mg/1)
b. Lead
EL = 0.004 (70 + 0.17)
0.17
= 1.65 mg/l (Analysis showed 0.012 mg/1)
c. Copper
EL = 0.005 (70 + 0.17)
0.17
= 2.06 mg/l (Analysis showed 0.009 mg/1)
For these three examples, ambient instream concentration is also assumed
to be zero.
COLORADO DEPARTMENT OF HEALTH
Water Quality Control Division
Rationale - Page 5
Permit No. CO -0040967
EFFLUENT LIMITATIONS, RATIONALE AND MONITORING FREQUENCIES:
Effluent limitations, chosen as the more stringent in Table 1, are shown in
Table 2 below.
TABLE 2
Monitoring
Parameter Limitation Rationale Frequency
Flow, MGD N/A Monitor Weekly
pH, s.u. 6.5 - 9.0 WQS Weekly
Oil and Grease, mg/l 10 SES Weekly
Total Residual Chlorine, 0.5 SES Weekly
mg/l
Total Suspended Solids, mg/l N/A 2/ Monthly
Salinity N/A 1/ Quarterly
l/ In compliance with the "Regulations for Implementation of the Colorado
River Salinity Standards Through the NPDES Permit Program," the permittee
shall sample for salinity in the wastewater effluent on a monthly basis
until six samples have been analyzed. Thereafter monitoring shall continue
on a quarterly basis. The Division will review the first six months of
data and ietermine if a waiver of numeric limitations can be granted based
on the salt -load to the river being less than one ton/day (or 350
tons/year). If a waiver is not granted, then the permittee has an
additional six months to submit a report in accordance with the Salinity
Regulations, addressing economic feasability of salt -removal.
2/ Although this permit will not contain total suspended solids limitations at
this time, monthly monitoring for six months will be required. At the end
of that period, the permittee may request that monitoring no longer be
required, providing all monitoring results are below state effluent
standards. Should monitoring indicate a TSS problem, the division may
impose specific numeric limitations.
f _ 5TATE 01 COLORADO
COLORADO DEPARTh1ENT OF HEALTHo
\99�
i 421 U East 11th Avenue
Denver, Colorado 80220 �$1
� Phone (303) 120-8333
lam.. tl
J
r876 '
Roy Romer
Governor
Thomas Ni. Vernon, NI.D.
Executive Director
RATIONALE FOR PUBLIC NOTICE
FILOHA MEADOWS HEALTH EDUCATION FACILITY - PERMIT NUMBER CO -0040967
Enclosed is a copy of the draft permit for your facility which has just
been sent to public notice. You have thirty (30) days from the time of
public notice to submit comments to the Division for consideration.
Because of the many changes that your permit may undergo before issuance,
all changes and corrections will be made after the public notice period.
If you have any questions, please do not hesitate to contact the Permits
and Enforcement Section at 331-4590.
I
Thank you for your cooperation.
Sincerely,
David Holm
Director
Water Quality Control Division
JDH/caw
cc: District Engineer, Field Support Section, WQCD
Council of Governments
Local Health Department
Environmental Protection Agency
Permit Drafter, Permits and Enforcement Section, WQCD
Mined Land Reclamation Division, Coal Permits Only
Enclosure
L,
4
COLORADO DEPARTMENT OF HEALTH
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
RATIONALE
FILOHA MEADOWS HEALTH
EDUCATION FACILITY
PERMIT NUMBER CO -0040967
PITKIN COUNTY
FACILITY TYPE: Industrial - First Amendment
FEE CATEGORY: Category 06, Subcategory 1, water treat-
ment plant, intermittent discharge - Current
fee $250/year per CRS 25-8-502
SIC NO.: 7299
LOCATION: In the NW 1/4, & SW 1/4, Section 4, T10S,
R88W, approximately 3 miles north of Red-
stone, Colorado.
LEGAL CONTACT:
Bernarr B. Johnson, M.D.
Owner, Filoha Meadows
14628 Highway 133
Carbondale, Colorado 81623
(303)+963-0382
LOCAL CONTACT:
Melbert Peterson
Facility Manager
14628 Highway 133
Carbondale, Colorado 81623
(303)+963-0382
RECEIVING WATERS:
Crystal River
SUB -BASIN, SEGMENT:
Roaring Fork River, Segment 8
CLASSIFICATION:
Recreational, Class 1
Aquatic Life, Class 1 (Cold)
Agricultural Use
Water Supply
DESIGN FLOW:
77 gpm (0.17 cfs or 0.11 MGD)
DISCHARGES:
001 - hot mineral pools, to the Crystal River
Ln
u
COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division
Rationale - Page 2. Permit No. CO -0040967
PURPOSE OF AMENDMENT:
The purpose of this amendment is to modify the monitoring and reporting
schedules in the permit from monthly/quarterly to quarterly/semi-annually
respectively. This request was made by Dr. Johnson in a letter dated October
30, 1988.
DISCUSSION:
The Filoha Meadows Health Education Facility, initially permitted in 1985, is
a medical clinic and arthritis research center which uses hot mineral therapy
and exercise pools in treating patients. The permit covers the combined
discharge from the therapy pools and the radiant heating unit. The one
discharge point, 001, from the mineral springs pools, is to the Crystal River.
In October, 1988, the permittee notified the Division that the focus of the
facility's program had changed; it is now principally educational with only
occasional use of the hot springs pools. In light of this change, he asked if
it was still necessary to conduct the tests and submit the reports.
The Division reviewed the request and determined that given that the discharge
is small and intermittent, it is not likely to have a significant impact on
the receiving stream. For these reasons, it was determined that the
monitoring and reporting schedule will be modified from quarterly to
semi-annually.
With this schedule change, the parameters that were being measured weekly,
i.e. flow, oil and grease, ph, and total residual chlorine will now be
measured on a quarterly basis, and reported semi-annually. The parameters
monitored on a monthly and quarterly schedule - total suspended solids and
salinity, will also adopt the same schedule. The reduction from weekly to
quarterly monitoring for the parameters cited is justified due to the nature
and size of the discharge and the determination that change in reporting
frequency is unlikely to have an adverse impact on the receiving stream.
The Division also decided that the size and intermittent nature of the
discharge warranted a change in the subcategory assignment with a
corresponding change in the annual fee. The annual fee is to be reduced from
$360 to $250 per year.
COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division
Rationale - Page 3. CO -0040967
PERMIT CHANGES:
The modifications to the monitoring and reporting frequencies will require the
following changes to the permit:
1. Change the measurement frequencies for all effluent parameters cited
in Part I, B.1., MONITORING REQUIREMENTS, Frequency and Sample Type, on
page lb to "quarterly".
2. Amend the statement on reporting data, Part I, B.2., on page lb
to indicate semi-annually rather than quarterly.
3. Insert the addresses to which the DMR's must be forwarded.
All other provisions of this permit remain in effect unchanged.
Kathleen Reilly
January 25, 1989
PART I
Page lb of 19
Permit No. CO -0040967
B. MONITORING REQUIREMENTS
1. Frequency and Sample Type
In order to obtain an indication of the probable compliance or
non-compliance with the effluent limitations specified in Section A,
the permittee shall monitor all effluent parameters at the following
frequencies. Such monitoring will begin immediately and last for the
life of the permit unless otherwise noted.
(a) Discharge Point(s)
Effluent Parameter
Measurement Frequency d/ Sample Type e/
Flow, MGD Quarterly Instantaneous O�
or Continuous
Total Suspended Solids, mg/1* Quarterly Grab
Oil and Grease, mg/l Quarterly Visual/Grab
pH, s.u. Quarterly Grab
Total Residual Chlorine, mg/1 NPAS. Quarterly Grab
Salinity g/ Quarterly h/ Grab ...�..
0-,069
* The permittee may apply for a cessation of monitoring after six montc c ">C_j0
providing all results are below state effluent standards.
Sampling by the permittee for compliance with the monitoring
requirements specified above shall be performed at the following
location(s): outfall 001
Monitoring by the Division for the purpose of compliance and/or
enforcement of the effluent limitations shall be performed as per
"Sample Type" specified above.
2. Reporting of Data
Reporting of the data gathered in compliance with Part I.B.2 shall be
on a semi-annual basis.
Monitoring results obtained during the previous 6 months shall be
summarized and reported on Division approved discharge monitoring
report forms, postmarked no later than the 28th day of the month
:following the end of the six month period. For example, for the
first reporting period, the semi-annual report must be received at
the Division office postmarked no later than July 28. The second
one must be submitted by January 28. If no discharge occurs during
a reporting period, "No Discharge" shall be reported.
Code: i - 4 Date: 1-84, revised 12-87, revised 12-88
Amended
PART I
Page lc of 19
Permit No. CO -0040967
B. MONITORING REQUIREMENTS
2. Reporting of Data (continued)
Duplicate signed copies of the above report forms shall be submitted to
the following addresses:
Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
Attention: Permits and Enforcement
U.S. Environmental Protection Agency
Denver Place
999 18th Street, Suite 500
Denver, CO 80202-2405
Attention: Water Management Division
Compliance Branch 8WM-C
3. Flow Measuring Exemption or Modification
Not applicable
See Part I.C. for Footnotes.
Code: i - 3 Date: 1-84, revised 2-87, revised 12-88
Amended
G✓�
STATE OF COLORADO
COLORADO DEPARTMENT OF HEALTH 0�Co
4210 East 11th Avenue Telefax:
Denver, Colorado 80220-3716 (303) 322-9076 (Main Building/Denver)
Phone (303) 320-8333 (303) 320-1529 (Ptarmigan Place/Denver).%
(303) 248-7198 (Grand )unction Regional Office)
is 76
Roy Romer
Governor
Thomas M. Vernon, M
Executive Director
FILOHA
MEADOWS,'A
RATIONALE FOR PUBLIC
GENERAL PARTNERSHIP -
NOTICE
PERMIT NO. CO -0040967
Enclosed is a copy of the draft permit for your facility which has just been
sent to public notice. You have thirty (30) days from the time of public
notice to submit comments to the Division for consideration.
Because of the many changes that your permit may undergo before issuance, all
changes and corrections will be made after the public notice period. If you
have any questions, please do not hesitate to contact the Permits and
Enforcement Section at 331-4590.
Thank you for your cooperation.
Sincerely,
Robert. Shukle, Chief
Permits and Enforcement
WATER QUALITY CONTROL DIVISION
cc: District Engineer, Field Support Section, WQCD
Cocncil of Governments
Local Health Department
Environmental Protection Agency
Permit Drafter, Permits and Enforcement Section, WQCD
Mined Land Reclamation Division, Coal Permits Only
William McDonald, Director, Colorado Water Conservation Board
Hal. Simpson, Deputy State Engineer, Colorado Division of Water Resources
Enclosure
COLORADO DEPARTMENT OF HEALTH
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
RATIONALE
FILOHA MEADOWS, A GENERAL PARTNERSHIP
PERMIT NUMBER CO -0040967
PITKIN COUNTY
FACILITY TYPE: Industrial - First Renewal
FEE CATEGORY: Category 06, Subcategory 1, water treatment
plant, intermittent discharge - Current fee
$250/year per CRS 25-8-502
SIC NO.: 7299
LOCATION: In the NW 1/4, & SW 1/4, Section 4, TIOS, R88W,
approximately 3 miles north of Redstone,
Colorado
LEGAL CONTACT: Bernarr B. Johnson, M.D.
Filoha Meadows
14628 Highway 133
Carbondale, Colorado 81623
(303)+963-3566
LOCAL CONTACT: Robert Durham
14628 Highway 133
Carbondale, Colorado 81623
(303)+963-1806
RECEIVING WATERS: Crystal River
SUB -BASIN, SEGMENT: Roaring Fork River, Segment 8, Upper Colorado
River Basin
CLASSIFICATION: Recreational, Class 1
Aquatic Life, Class 1 (Cold)
Agricultural Use
Water Supply
(See Appendix A for receiving waters WQS)
STREAM LOW FLOW: Acute (1 -day, 3 -year flow) - 30 cfs or 19 MGD
Chronic (30 -day, 3 -year flow) - 40 cfs or 26 MGD
DESIGN FLOW: 0.11 million gallons/day (MGD)
DISCHARGES: 001 - hot mineral pools, to the Crystal River
COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division
Rationale - Page 2. Permit No. CO -0040967
FACILITY DESCRIPTION:
Filoha Meadows is a health education facility which includes a medical clinic
and arthritis research center. Hot mineral therapy and exercise pools are
used in the treatment of patients. The permit covers the combined discharge
from the therapy pools and a radiant heating unit. Geothermally heated
mineral water, obtained from hot springs, flows through the pools at a rate of
50 gpm (0.07 MGD) where it is mixed with chlorinated well water flowing at a
rate of 27 gpm (0.04 MGD). The combined flow of 77 gpm (0.11 MGD) is the
source from the therapy pools, for one 6,300 gallon swim spa, and also
supplies the radiant floor heating. Detention times are one hour each for the
therapy pools and two hours for the swim spa. A map and site sketch
illustrating the location and configuration of the facility and the discharge
point appear in the permit as Figure 1 and Figure 2.
Directions to facility: Exit I-70 at Glenwood Springs, travel south on Route
82, to Route 133, continue south towards Redstone; facility is approximately 3
miles north of Redstone on Highway 133.
MONITORING SUMMARY AND OPERATING HISTORY:
This facility has had a discharge permit since 1985; the only reported
discharges occurred in 1988, and all were well below permit limits.
Additional analyses were submitted with the permit application. The data
indicated possible exceedance of the stream standards for copper, lead, and
sulfate. Mass balance equations performed on the three parameters, indicate
that compliance should not be a problem given a chronic low flow figure of 26
MGD. The equations used to make this determination appear in Appendix D of
this rationale.
APPLICABLE RULES AND REGULATIONS:
A. Federal
No federal effluent guidelines exist for water treatment plants, and none
are expected to be promulgated.
�d'
COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division
Rationale - Page 3. Permit No. CO -0040967
APPLICABLE RULES AND REGULATIONS (continued):
B. State
State Effluent Standards (SES) (10.1.0) apply to all discharges in the
state for parameters not superseded by Federal Effluent Guidelines or
Stream Standards. The SES apply to the more conventional pollutants. In
addition to these standards, the State also must apply the receiving
stream Water Quality Standards (WQS) which are appropriate for this
facility. The WQS are applied based on a mass balance for each pollutant
in question. The variables used in the calculation are the allowable
in -stream level (WQS), the chronic stream low flow (30E3), the effluent
flow (Qeff), and the background concentration (Carob), as shown in
Appendix D. The mass balance equation is also shown in Appendix D.
LIMITATIONS AND RATIONALE:
The following table shows the applicable effluent limitations, rationale for
each limitation and required monitoring frequency for outfall 001:
Table 1
Proposed Limitations
a/ 30 day average/7 day average
b/ State Effluent Standards
c/ Water Quality Standard -based limits
d/ Daily maximum
e/ 30 day average/Daily maximum
f/ Colorado River Salinity Regulations
Monitoring
Parameter
Limitation
Rationale
Frequency
Flow,
MGD
Report
a/
N/A
Quarterly
TSS,
mg/l
30/45
e/
SES b/
Quarterly
pH,
s.u.
6.5 - 9.0
WQS-based c/
Quarterly
Oil
and Grease, mg/l
10
d/
SES
Quarterly
TDS,
mg/l
Report
CRSR f/
Quarterly
TRC,
mg/l
0.50
d/
WQS-based
Quarterly
a/ 30 day average/7 day average
b/ State Effluent Standards
c/ Water Quality Standard -based limits
d/ Daily maximum
e/ 30 day average/Daily maximum
f/ Colorado River Salinity Regulations
COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division
Rationale - Page 4. Permit No. CO -0040967
DISCUSSION:
A. Flow
None of the limits are flow -based, therefore there is no need for a flow
limit at this time; 'however monitoring will be required.
B. Total Suspended Solids (TSS), Oil & Grease and pH
The SES of 30/45 mg/l are applied for TSS, and that of 10 mg/l are applied
for oil and gease. The WQS for pH is stricter than the SES, and is
therefore applied.
C. Total Residual Chlorine
The TRC limit of 0.50 mg/l is based on the SES. The mass balance equation
calculated for this parameter resulted in a value of 0.71 mg/l (Appendix
C) which exceeds the SES limit of 0.5 mg/l, therefore the more stringent
value is applied.
E. Salinity
In compliance with the "Regulations for Implementation of the Colorado
River Salinity Standards Through the NPDES Permit Program," the permittee
shall continue to monitor for salinity on a quarterly basis. The Division
has determined that monitoring for total dissolved solids (TDS) shall be
the method used to measure salinity.
F. Monitoring and Reporting Frequency
The monitoring and reporting frequencies established in the 1989 amendment
to the permit shall continue to apply. The monitoring frequency is
quarterly for all parameters measured; reporting will occur on a
semi-annual basis. The more relaxed schedule is warranted due to the
small size and intermittent nature of the discharge, and the determination
by the Division that the less frequent monitoring and reporting schedules
will not have an adverse impact on the quality of water in the receiving
stream.
G. Biomonitoring
Based upon the exemption for water treatment plants, as allowed in the
biomonitoring regulation, biomonitoring is not a requirement of this
permit. However, the Division reserves the right to reopen the permit to
include biomonitoring, should facility conditions change or if new
information becomes available.
COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division
Rationale - Page 5. Permit No. CO -0040967
DISCUSSION (Contd.):
H. Materials Containment Plan
The permittee will be required to submit a Materials Containment Plan.
The plan shall address the prevention and containment of spills of
materials used, processed or stored at the facility which, if spille'i,
would have a reasonable probability of having a visible or otherwise
detrimental impact on waters of the State. This plan is to be submitted
within 90 days of the effective date of the permit. See Part I.E of the
permit.
I. Change in Definition of Average Limitations
The definition of the 30 day average limitation has changed. In the past
it was necessary to have 3 samples in a 30 day period in order to
demonstrate compliance or noncompliance with a 30 day average limitation.
The new definition, which satisfies 40 CFR 122.2 and Section 10.1.0 of 5
CCF 1002-3, represents an arithmetic mean of all samples collected in a 30
day period. The arithmetic mean is calculated as the sum of all samples
measured during the month divided by the number of samples measured during
the month. The significance of this is that if only one sample is
collected during a month the results must satisfy the 30 day average
limitation or the permit is violated. If the initial result is 'nigh, V?e
permittee is encouraged to perform additional sampling in an effort to
lower the arithmetic mean, but the monthly average reported must be based
on all sampling results, and must utilize all additional data regardless
of the result. The preceding is similarly true for the 7 day average
_limitations.
J. Reopener Clause
This permit may be reopened and modified, as discussed in Part II.B.5, if
there is a significant change in state or federal water quality
regulations, a significant change in operation at the facility, or at the
request of the permittee.
K. Specific Compliance Requirements
The following are specific compliance items which require permittee action:
Office
Code Event
90508 Materials Containment Plan
The permit shall expire on December 31, 1995
Permit
Citation Due Date
Part I.E 90 days after
effective date
Kathleen Reilly
March 13, 1990
COLORADO DEPARTMENT OF HEALTH, Water Quality ControL Division
Rationale - Page 6. Permit No. CO -0040967
APPENDIX A
Water Quality Standards for Roaring Fork River, Segment 8
Mainstem of the Crystal River_, including all tributaries, lakes, and
reservoirs, from the source to the confluence with the Roaring Fork River,
except for specific listings in Segments 9 and 10.
Physical and Biological
Dissolved Oxygen = 6.0 mg/l 7.0 mg/l spawning
pH = 6.5 - 9.0 S.U.
Fecal Coliform
Bacteria = 200 org/100 ml
Inorganic
Ammonia as N (NH3) = 0.02 mg/l (unionized)
Residual
C12
= 0.003
mg/l
Cyanide
(free)
= 0.005
mg/l
Sulfide
as H2S
= 0.002
mg/l (undissociated)
Boron
= 0.3 mg/l
= 0.75
mg/1
Nitrite
as N (NO2)
= 0.05
mg/l
Nitrate
as N (NO3)
= 10.0
mg/1
Chloride
(Cl)
= 250.0
mg/l
Sulfate
(SOO
= 250.0
mg/l
Metals
Arsenic (As)
= 0.05 mg/l
Cadmium (Cd)
= 0.0004 mg/1
Chromium (Cr, tri)
= 0.05 mg/l
Chromium (Cr, hex)
= 0.025 mg/1
Copper (Cu)
= 0.005 mg/l
Lead (Pb)
= 0.004 mg/l
Iron (Fe, sol)
= 0.3 mg/l
Iron (Fe, tot)
= 1.0 mg/l
Manganese (Mn, sol_)
= 0.05 mg/l
Manganese (Mn, tot)
= 1.0 mg/l
Mercury (Hg)
= 0.00005 mg/1
Nickel (Ni) =
0.05 rng/1
Selenium (Se) =
0.01 mg/l
Silver (Ag) =
0.0001 mg/1
Zinc (Zn)
= 0.05 mg/l
COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division
Rationale - Page 7. Permit No. CO -0040967
APPENDIX C
Plass balance equation for calculating WQS-based effluent limits
WQS (30E3 + Qeff) - (3OE3 X Camb)
Ceff =
Qeff
Where:
Ceff = Calculated effluent concentration
WQS = Applicable water quality standard
30E3 = Receiving water 30 -day, 3 -year low flow (chronic -
empirically determined) = 40 cfs or 26 MGD
Qeff = Daily maximum effluent flow - .11 MGD
Camb = Ambient instream concentration
Copper (Cu): Ceff = (0.005) (26 + 0.11) - (26) (0) = 1.18 mg/1
0.11
Lead (Pb): Ceff = (0.004) (26 + 0.11) - (26) (0) = 0.95 mg/t
0.11
Sulfate(SO4) Ceff = (250) (26 + 0.11) - (26) (0) = 59,340 mg/1
0.11
TRC: Ceff = (0.003) (26 + 0 .11) - (26 X 0) = 0.71 mg/L
0.11
COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division
Rationale - Page 8. Permit No. CO -0040967
APPENDIX D
References
1. Colorado Dept. of Health, Water Quality Control Commission. Basic
Standards and Methodologies (3.1.0). Denver: CDH, as revised
6/6/88.
2. Colorado Dept. of Health, Water Quality Control Commission. Regulations
for Effluent Limitations (10..1.0). Denver: CDH, as revised 11/6/85.
3. Colorado Dept. of Health, Water Quality Control Commission. Regulations
for the State Discharge Permit System (6.1.0). Denver: CDH, as
revised 6/2/87.
0
Permit No.: CO -0040967
County: Pitkin
AUTHORIZATION TO DISCHARGE UNDER THE
COLORADO DISCHARGE PERMIT SYSTEM
In compliance with the provisions of the Colorado Water Quality Control Act,
(25-8-101 et. seq., CRS, 1973 as amended) and the Federal Water Pollution
Control Act, as amended (33 U.S.C. 1251 et. seq.; the "Act") the
FILOHA MEADOWS, A GENERAL PARTNERSHIP
is authorized to discharge from the hot mineral pools
located in the NW 1/4, & SW 1/4, Section 4, T10S, R88W, approximately 3 miles
north of Redstone, Colorado.
to Crystal River
in accordance with effluent limitations, monitoring requirements and other
conditions set forth in Part I, and II hereof. All discharges authorized
herein shall be consistent with the terms and conditions of this permit.
This permit shall become effective thirty (30) days after the date signed by
the Director. Should the applicant choose to contest any of the effluent
limitations, monitoring requirements or other conditions contained herein, the
applicant must comply with Section 24-4-104 CRS 1973 and the Regulations for
the State Discharge Permit System. Failure to contest any such effluent
limitation, monitoring requirement, or other condition, constitutes consent to
the condition by the Applicant.
This permit and the authorization to discharge shall expire at midnight,
May 31, 1995
Issued and Signed this day of
COLORADO DEPARTMENT OF HEALTH
J. David Holm, Director
Water Quality Control Division
Code: i - 1 Date: 1 - 84
PART I
Page la of 19
Permit No. CO -0040967
A. TERMS AND CONDITIONS
1. Effluent Limitations
Beginning immediately and lasting through May 31, 1995, the permittee
is authorized to discharge from outfall: 001, hot mineral pools
In accordance with the Water Quality Control Commission Regulations
for Effluent Limitations, Section 10.1.3, and State Discharge Permit
System Regulations, Section 6.9.2, 5 C.C.R. 1002-2, the permitted
discharge shall not contain effluent parameter concentrations ;which
exceed the following limitations, discharge more than the mass
pollutant loadings specified below or exceed the specified flow
limitation.
Effluent Parameter
Discharge Limitations
30 -Day Avg a/ 7 -Day Avg b/ Daily Max c/
Flow,
MGD
Report NA
NA
Total
Suspended Solids,
mg/l
30 45
NA
Total
Residual Chlorine,
mg/l
NA NA
0.50
Total
Dissolved Solids,
mg/l
NA NA
Report
pH - standard units shall remain between 6.5 and 9.0 c/.
Oil and Grease shall not exceed 10 mg/l c/ nor shall there be a visible sheen,
see footnote f/.
There shall be no discharge of floating solids.
See Part I.C. for Footnotes.
Code: i - 2 Date: 1-84, revised 12-87, revised 12-88
C
B. MONITORING REQUIREMENTS
1. Frequency and Sample Type
W
PART I
Page lb of 19
Permit No. CO -0040967
In order to obtain an indication of the probable compliance or
noncompliance with the effluent limitations specified in Section A,
the permittee shall monitor all effluent parameters at the following
frequencies. Such monitoring will begin immediately and last for the
life of the permit unless otherwise noted.
(a) Discharge Point: 001, from the hot mineral pools
Effluent Parameter
Flow, MGD
Total Suspended Solids, mg/1
Oil and Grease, mg/l
pH, s. u.
Total Residual Chlorine, mg/l
Total Dissolved Solids, mg/1
Measurement Frequency d/
Quarterly
Quarterly
Quarterly
Quarterly
Quarterly
Quarterly
Sample Type e/
Instantaneous
or Continuous
Grab
Visual f/
Grab
Grab
Grab
Sampling by the permittee for compliance with the monitoring
requirements specified above shall be performed at the following
location: outfall 001, to the Crystal River
2. Reporting of Data
Reporting of the data gathered in compliance with Part I.B.2 shall be
on a semi-annual basis.
Code: i - 3 Date: 1-84, revised 2-87, revised 12-88
E
B. MONITORING REQUIREMENTS
2. Reporting of Data (continued)
000%
PART I
Page lc of 19
Permit No. CO -0040967
Monitoring results obtained during the previous six months shall
be summarized and reported on Division approved discharge
monitoring report forms, postmarked no later than the 28th day of
the month following the completed calender half. For example,
for the lst six months (January through June) the semi-annual
report must be received at this office postmarked no later than
July 28. If no discharge occurs during the reporting period, "No
Discharge" shall be reported.
Duplicate signed copies of the above report forms shall be submitted to
the following addresses:
Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
Attention: Permits and Enforcement
U.S. Environmental Protection Agency
Denver Place
999 18th Street, Suite 500
Denver, CO 80202-2405
Attention: Water Management Division
Compliance Branch 8WM-C
3. Flow Measuring Exemption or Modification
Not applicable
See Part I.C. for Footnotes.
Code: i - 4 Date: 1-84, revised 12-87, revised 12-88
PART I
Page Id of 19
Permit No. CO -0040967
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Figure 2
? Filoha Meadows Health Ed. Facility
General Location — 10 , o I
PART I
Page 2 of 19
C. FOOTNOTES - APPLICABLE TO PRECEDING PAGES
a/ - The thirty (30) day average shall be determined by the arithmetic
mean of all samples collected during a thirty (30) consecutive -day
period. Samples shall not be used for more than one (1) reporting
period. (Not applicable to fecal coliform determinations - please
see footnote m/.)
b/ - The seven (7) day average shall be determined by the arithmetic mean
of all samples taken in a seven (7) day period. Samples may not be
used for more than one (1) reporting period. (Not applicable to
fecal. coliform determinations - please see footnote m/.)
c/ - This limitation shall be determined by a single sample or set of
samples as required by Part I.B., Sample Type.
d/ - When the measurement frequency indicated is quarterly, the samples
shall_ be collected during March, June, September and December, if a
continual discharge occurs. If the discharge is intermittent, then
samples shall be collected during the period that discharge occurs.
If the permittee, using the approved analytical methods, monitors
any parameter more frequently than required by this permit, then the
results of such monitoring shall be included in the calculation and
reporting of the values required in the Discharge Monitoring Report
Form or other forms as required by the Division. Such increased
frequency shall also be indicated.
e/ - Definitions of Sample Type
1. k "composite" sample, for monitoring requirements, is a minimum
of four (4) grab samples collected at equally spaced two (2)
hour intervals and proportioned according to flow.
2. A "grab" sample, for monitoring requirements, is a single "dip
and take" sample.
3. An "instantaneous" measurement, for monitoring requirements, is
a single reading, observation, or measurement performed on site.
4. A "continuous" measurement, for flow monitoring requirements, is
a measurement obtained from an automatic recording device which
continually measures flow.
5. A "visual" observation, for oil and grease monitoring
requirements, is observing the discharge to check for the
presence of a visible sheen or floating oil.
6. An "in-situ" measurement, for monitoring requirements, is
defined as a single reading, observation or measurement taken in
the field at the point of discharge.
Code: i - 16 Date: 1-84, revised 10-88, revised 12-88
PART I
Page 3 of 19
C. FOOTNOTES
7. A "24 hour composite" sample is a combination of at least eight
(8) sample aliquots of at least 100 milliliters, collected at
equally spaced intervals during the operating hours of a facility
over a twenty-four (24) hour period. For volatile pollutants,
aliquots must be combined in the laboratory immediately before
analysis. The composite must be flow proportional; either the
time interval between each aliquot or the volume of each aliquot
must be proportional to either the wastewater or effluent flow at
the time of sampling or the total wastewater or effluent flow
since the collection of the previous aliquot. Aliquots may be
collected manually or automatically.
f/ - In the event an oil sheen, or floating oil is observed, a grab sample
shall be collected, analyzed, and reported on the appropriate DMR.
In addition, corrective action shall be taken immediately to mitigate
the discharge of oil and grease. A description of the corrective
action taken should be included with the DMR.
g/ - Where based on a minimum of 5 samples, the permittee demonstrates, to
the satisfaction of the Water Quality Control Division, that the
level of total dissolved solids (TDS) in the effluent can be
calculated based upon the level of electrical conductivity, the
permittee may measure and report TDS in terms of electrical
conductivity.
h/ - TDS shall be sampled on a monthly basis until six samples have been
analyzed. A report of "No Discharge" shall not be counted as one of
the six samples. Thereafter, monitoring shall continue on a
quarterly basis. Following submittal of the initial six sets of
monthly data, the Division shall determine whether the permittee is
required to submit a report addressing salt removal in accordance
with Regulations For Implementation of the Colorado River Salinity
Standards Through the NPDES Permit Program, 3.10.0. If the salinity
report is required, the Division shall so advise the permittee by
letter and the report shall be submitted within 180 days.
i/ - This parameter is subject to "Noncompliance Notification"
requirements of Part II.A.3.(b)(v) of this permit.
j/ - Procedure for determining settleable solids is contained in 40 CFR
434.64. The method detection limit for measuring settleable solids
under this part shall be 0.4 ml/l.
k/ - Should a precipitation event occur which is greater than the 10 -year,
24-hour event, the permittee shall submit rain gauge or other
appropriate documentation in order for an exemption to be claimed.
In lieu of such documentation, limitations contained in Part
I.A.1.(b), shall apply. Documentation shall be reported as an
attachment to the Discharge Monitoring Report for the appropriate
period.
Code: i - 16 Date: 1-84, revised 10-88, revised 12-88
PART I
Page 4 of 19
C. FOOTNOTES
1/ - When the most sensitive analytical method which complies with Part
I.F.2. of the permit has a detection limit greater than or equal to
the permit limit, the permittee shall report "less than the
detectable limit", as appropriate. Such reports shall not be
considered as violations of the permit limit.
The present lowest method detection limit for specific parameters
(which have limitations which are, in some cases, less than or equal
to the detection limit) are as follows:
Total
Residual Chlorine
0.05 mg/l
Total
Recoverable
Cadmium
0.0003 mg/l
Total
Recoverable
Copper
0.005 mg/l
Total
Recoverable
Lead
0.005 mg/l
Total
Mercury
0.00025 mg/l
Total
Recoverable
Nickel
0.05 mg/l
Total
Recoverable
Silver
0.0002 mg/l
Total
Recoverable
Zinc
0.05 mg/l
m/ - Fecal coliform bacteria average concentrations shall be determined by
the geometric mean of all samples collected during a thirty (30)
consecutive day period. The 7 day average shall be determined by the
geometric mean of all samples taken during a seven (7) day period.
Code: i - 17 Date: 9-84, revised 10-86, revised 06-87, revised 12-87,
revised 12-88
PART I
Page 5 of 19
D. REPORTING
1. Signatory Requirements
All reports required for submittal shall be signed and certified for
accuracy by the permittee in accord with the following criteria:
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 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, or
other duly authorized employee.
Code: i - 18 Date: 1-84, revised 8-85, revised 3-87, revised 6-87,
revised 12-88
PART I
Page 6 of 19
E. SPECIAL REQUIREMENTS
1. Materials Containment Plan
Pursuant to Sections 6.9.3 (5) and (6)(b) of the Regulations for the
State Discharge Permit System, the permittee is required to submit a
Materials Containment Plan. Such a plan shall be submitted to the
Permits and Enforcement Section, Water Quality Control Division within
ninety (90) days after the effective date of this permit and must be
implemented. The plan shall include information and procedures for
the prevention and containment of spills of materials used, processed
or stored at the facility which if spilled would have a reasonable
probability of having a visible or otherwise detrimental impact on
waters of the State l/ 2/. The plan shall include, but not
necessarily be limited:
a) A history of spills which have occurred in the three (3) years
preceding the effective date of this permit. The history shall
include a causation of the spills and a discussion of preventative
measures designed to prevent them from reoccurring;
b) A description of the reporting system which will be used to notify
responsible facility management, the State Water Quality Control
Division, the Environmental Protection Agency, downstream water
users within 5 miles downstream of the facility, and local health
officials;
c) A description of preventative facilities (including overall
facility plot) which prevent, contain, or treat spills and
unplanned discharges;
d) A list which includes the volumes or quantities of all materials
used, processed, or stored at the facility which represent a
potential spill threat to surface waters. The location of stored
material shall be indicated on the facility plot submitted for
item c;
l/ If there is no such material present at the site, this shall be indicated
in writing and submitted to the Division for review.
2/ If there is material present but the permittee feels there is not a
reasonable probability of a spill impacting waters of the State, this
shall be documented in writing and submitted to the Division for review.
This documentation shall include; 1) distance to nearest surface waters,
and; 2) a detailed description of any structure which prohibits the
release of material onto the ground or into a conveyance system.
Code: i - 20 Date: 1-84, revised 12-88
PART I
Page 7 of 19
E. SPECIAL REQUIREMENTS
1. Materials Containment Plan (Continued)
e) An implementation schedule for additional facilities which might
be required in item c, but which are not yet operational;
f) A list of available outside contractors, agencies, or other
sources which could be utilized in the event of a spill in order
to clean up its effects. If the facility is capable of handling
spills in-house, this shall be documented in the plan;
g) Provision for yearly review and updating of the contingency plan,
plus resubmission of the plan to the Division if conditions and/or
procedures at the facility change the original plan.
The foregoing provisions shall in no way render inapplicable those
requirements imposed by Section 311 of the Water Pollution Control Act
Amendments of 1972, regulations promulgated thereunder, the Colorado
Water Quality Control Act, and regulations promulgated thereunder.
This plan should be prepared by a professional engineer registered in
the State of Colorado.
Nothing herein contained shall be construed as allowing any discharge
to waters of the State other than through the discharge points
specifically authorized in this permit. Nothing herein contained
shall be construed as excusing any liability the permittee might have,
civil or criminal, for any spill.
The submittal of a Spill Prevention Control and Countermeasure Plan
(SPCC Plan) as required by 40 CFR Part 112 may satisfy all or part of
this requirement. Should additional materials exist on site which are
not addressed in the SPCC Plan, addressing those materials as per the
above is required.
Code: i - 21 Date: 1-84, revised 12-88
PART I
Page 8 of 19
F. GENERAL REQUIREMENTS
1. Representative Sampling
Samples and measurements taken as required herein shall be
representative of the volume and nature of the monitored discharge.
All samples shall be taken at the monitoring points specified in this
permit and, unless otherwise specified, before the effluent joins or
is diluted by any other wastestream, body of water, or substance.
Monitoring points shall not be changed without notification to and
approval by the Division.
2. Analytical and Sampling Methods for Monitoring
Analytical and sampling methods utilized by the discharger shall
conform to Colorado Regulations for Effluent Limitations (10.1.5),
and to regulations published pursuant to Section 304 (h) of the Clean
Water Act.
The analytical method selected for a parameter shall be the one that
can measure the lowest detected limit for that parameter unless the
permit limitation or stream standard for those parameters not
limited, is within the testing range of another approved method.
3. Records
The permittee shall establish and maintain records. Those records
shall include the following:
a) The date, type, exact location, and time of sampling or
measurements;
b) The individual(s) who performed the sampling or measurements;
c) 'The date(s) the analyses were performed;
d) The individual(s) who performed the analyses;
e) The analytical techniques or methods used;
f) The results of such analyses; and
g) Any other observations which may result in an impact on the
quality or quantity of the discharge as indicated in 40 CFR
122.44 (i)(1)(iii).
The permittee shall retain for a minimum of three (3) years records
of all monitoring information, including all original strip chart
recordings for continuous monitoring instrumentation, all calibration
and maintenance records, copies of all reports required by this
permit and records of all data used to complete the application for
this permit. This period of retention shall be extended during the
course of any unresolved litigation regarding the discharge of
pollutants by the permittee or when requested by the Division or
Regional Administrator of EPA.
Code: i - 22 Date: 1-84, revised 12-88
PART I
Page 9 of 19
F. GENERAL REQUIREMENTS
4. Flow Measuring Device
If not already a part of the permitted facility, within ninety (90)
days after the effective date of the permit, a flow measuring device
shall be installed to give representative values of effluent
quantities at the respective discharge points. Unless specifically
exempted, or modified in Part I.B.2 of this permit, a flow measuring
device will be applicable at all designated discharge points.
At the request of the Water Quality Control Division, or the
Environmental Protection Agency, the permittee shall show proof of
the accuracy of any flow -measuring device used in obtaining data
submitted in the monitoring report. The flow -measuring device must
indicate values within ten (10) percent of the actual flow being
discharged from the facility.
Code: i - 23 Date: 1-84, revised 12-88
PART II
A. MANAGEMENT REQUIREMENTS
1. Change in Discharge
Page 10 of 19
The permittee shall inform the Division (Permits and Enforcement
Section) in writing of any intent to construct, install, or alter any
process, facility, or activity that is likely to result in a new or
altered discharge, in and shall furnish the Division such plans and
specifications which the Division deems reasonably necessary to
evaluate the effect on the discharge and receiving stream.
The permittee shall submit this notice within two (2) weeks after
making a determination to perform the type of activity referred to in
the preceding paragraph. Process modifications include, but are not
limited to, the introduction of any new pollutant not previously
identified in the permit, or any other modifications which may result
in a discharge of a quantity or quality different from that which was
evaluated in the drafting of the permit including subsequent
amendments. Following such notice, the permittee shall be required
to submit a new CDPS application and the permit may be modified to
specify and limit any pollutants not previously limited, if the new
or altered discharge might be inconsistent with the conditions of the
existing permit. In no case shall the permittee implement such
change without first notifying the Division.
2. Special Notifications - Definitions
a) Bypass: The intentional diversion of waste streams from any
portion of a treatment facility.
b) Severe Property Damage: Substantial physical damage to property
at the treatment facilities which causes them to become
inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the
absence of a bypass. It does not mean economic loss caused by
delays in production.
c) Spill: An unintentional release of solid or liquid material
which may cause pollution of state waters.
d) Upset: An exceptional incident in which there is unintentional
and temporary noncompliance with permit effluent limitations
because of factors beyond the reasonable control of the
permittee. An upset does not include noncompliance to the
extent caused by operational error, improperly designed
treatment facilities, inadequate treatment facilities, lack of
preventative maintenance, or careless or improper operation.
Code: i - 24 Date: 1-84, revised 12-88
PART II
Page 11 of 19
A. MANAGEMENT REQUIREMENTS
3. Noncompliance Notification
a) If, for any reason, the permittee does not comply with or will
be unable to comply with any discharge limitations or standards
specified in this permit, the permittee shall, at a minimum,
provide the Water Quality Control Division and EPA with the
following information:
(i) A description of the discharge and cause of noncompliance;
(ii) The period of noncompliance, including exact dates and
times and/or the anticipated time when the discharge will
return to compliance; and
(iii) Steps being taken to reduce, eliminate, and prevent
recurrence of the noncomplying discharge.
b) The permittee shall report the following instances of
noncompliance orally within twenty-four (24) hours from the time
the permittee becomes aware of the noncompliance, and shall mail
to the Division a written report within five (5) days after
becoming aware of the noncompliance:
(i) Any instance of noncompliance which may endanger health
or the environment;
(ii) Any unanticipated bypass;
(iii) Any upset which causes an exceedance of any effluent
limitation in the permit;
(iv) Any spill which causes any effluent limitation to be
violated;
(v) Daily maximum violations for any toxic pollutants or
hazardous substances limited by PART I -A of this permit
and specified as requiring 24 hour notification.
c) The permittee shall report all other instances of non-compliance
not requiring 24-hour notification at the time Discharge
Monitoring Reports are submitted. The reports shall contain the
information listed in sub -paragraph (a) of this section.
Code: i - 25 Date: 1-84, revised 12-88
PART II
Page 12 of 19
A. MANAGEMENT REQUIREMENTS
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, 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
The permittee may allow any bypass to occur which does not cause
effluent limitations to be exceeded, but if and only if it is for
essential maintenance to assure efficient operation.
Bypass is prohibited, and the Division may take enforcement action
against a permittee for bypass, unless:
a) Bypass was unavoidable to prevent loss of life, personal
injury, or severe property damage;
b) There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated
wastes, or maintenance during normal periods of equipment
downtime. This condition is not satisfied if the permittee
could have installed adequate backup equipment to prevent a
bypass which occurred during normal periods of equipment
downtime or preventative maintenance; and
c) The permittee submitted notices as required in "Bypass
Notification", Part II.A.6.
6. Bypass Notification
If the permittee knows in advance of the need for a bypass, a notice
shall be submitted, at least ten days before the date of the bypass,
to the Division and the Environmental Protection Agency (EPA). The
bypa.ss shall be subject to Division approval and limitations imposed
by the Division and EPA.
Code: i - 26 Date: 1-84, revised 12-15-86, revised 12-88
PART II
Page 13 of 19
A. MANAGEMENT REQUIREMENTS
7. Upsets
a) Effect of an Upset
An upset constitutes an affirmative defense to an action
brought for noncompliance with permit effluent limitations if
the requirements of paragraph b of this section are met. (No
determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for
noncompliance, is final administrative action subject to
Printout cancelled by operator.
PART II
Page 14 of 19
A. MANAGEMENT REQUIREMENTS
9. 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 effluent limitations specified in this permit, including
such accelerated or additional monitoring as necessary to determine
the nature and impact of the noncomplying discharge.
10. Discharge Point
Any discharge to the waters of the State from a point source other
than specifically authorized by this permit is prohibited.
11. Reduction, Loss, or Failure of Treatment Facility
The permittee has the duty to halt or reduce any activity if
necessary to maintain compliance with the effluent limitations of
the permit. Upon reduction, loss, or failure of the treatment
facility, the permittee shall, to the extent necessary to maintain
compliance with its permit, control production, or all discharges,
or both until the facility is restored or an alternative method of
treatment is provided. This provision for example, applies to power
failures, unless an alternative power source sufficient to operate
the wastewater control facilities is provided.
It shall not be a defense for a permittee in an enforcement action
that it would be necessary to halt or reduce the permitted activity
in order to maintain compliance with the conditions of this permit.
12. 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.
Code: i - 28 Date: 1-84, revised 12-88
PART II
Page 15 of 19
B. RESPONSIBILITIES
1.
2.
3.
Inspections and Right to Entry
The permittee shall allow the Director of the State Water Quality
Control Division, the EPA Regional Administrator, and/or Meir
authorized representative, upon the presentation of credentials:
a) To enter upon the permittee's premises where a regulated
facility or activity is located or in which any records are
required to be kept under the terms and conditions of this
permit;
b) At reasonable times to have access to and copy any records
required to be kept under the terms and conditions of this
permit and to inspect any monitoring equipment or monitoring
method required in the permit; and
c) To enter upon the permittee's premises 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 access to any and all facilities or
areas within the permittee's premises that may have any affect
on the discharge, permit, or alleged violation.
d) The Division shall split any sample taken with the permittee if
requested to do so by the permittee.
Duty to Provide Information
The permittee shall furnish to the Division, within a reasonable
time, any information which the Division may request to determine
whether cause exists for modifying, revoking and reissuing, or
terminating this permit, or to determine compliance with this
permit. The permittee shall also furnish to the Division, upon
request, copies of records required to be kept by this permit.
Transfer of Ownership or Control
A permit may be transferred to a new permittee if:
a)
The current permittee notifies the Division in writing 30 days
in advance of the proposed transfer date; and
Code: i - 29 Date: 1-84, revised 12-88
PART II
Page 16 of 19
B. RESPONSIBILITIES
3. Transfer of Ownership or Control (Continued)
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 State
Discharge Permit System Regulations, Section 6.16.0.
4. Availability of Reports
Except for data determined to be confidential under Section 308 of
the Federal Clean Water Act and Regulations for the State Discharge
Permit System 6.6.4 (2), all reports prepared in accordance with the
terms of this permit shall be available for public inspection at the
offices of the State Water Quality Control Division and the
Environmental Protection Agency.
5. Modification, Suspension, or Revocation of Permits By the Division
All permit modification, termination or revocation and reissuance
actions shall be subject to the requirements of the State Discharge
Permit System Regulations, Sections 6.6.2, 6.6.3, 6.8.0 and 6.16.0, 5
C.C.R. 1002-2, except for minor modifications. Minor modifications
may only correct typographical errors, require a change in the,
frequency of monitoring or reporting by the permittee, change an
interim date in a schedule of compliance or allow for a change in
ownership or operational control of a facility including addition,
deactivation or relocation of discharge points where the Division
determines that no other change in the permit is necessary.
a) 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:
(i) Violation of any terms or conditions of the permit;
(ii) 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;
(iti) Materially false or inaccurate statements or information in
the application for the permit;
Code: i - 30 Date: 1-84, revised 12-88
PART II
Page 17 of 19
B. RESPONSIBILITIES
5. Modification, Suspension, or Revocation of Permits By the Division
(Continued)
(iv) 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 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:
(i) Promulgation of Water Quality Standards applicable to
waters affected by the permitted discharge; or
(ii) Effluent limitations or other requirements applicable
pursuant to the State Act or federal requirements; or
(iii) Control regulations promulgated; or
(iv) Data submitted pursuant to Part I.B indicates a potential
for violation of adopted Water Quality Standards or stream
classifications.
(v) Removal of a temporary modification to a stream standard
thereby requiring the application of the stream standard.
c) This permit may be modified in whole or in part to include new
effluent limitations and other appropriate conditions where data
submitted pursuant to Part I.B.3 indicates that such effluent
limitations and 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
terminate this permit if the following conditions are met:
Code: i - 31 Date: 1-84, revised 12-88
PART II
Page 18 of 19
B. RESPONSIBILITIES
5. Modification, Suspension, or Revocation of Permits By the Division
(Continued)
(.i) In the case of termination, the permittee notifies the
Division of its intent to terminate the permit 90 days
prior to the desired date of termination;
(ii) In the case of termination, the permittee has ceased aay
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.
(iii) The Environmental Protection Agency has been notified of
the proposed modification or termination and does not
object in writing within thirty (30) days of receipt of
notification;
(iv) The Division finds that the permittee has shown reasonable
grounds consistent with the Federal and State statutes and
regulations for such modification, amendment or termination;
(v) Fee requirements of Section 6.16.0 of State Discharge
Permit System Regulations have been met; and
(vi) Requirements of public notice have been met.
6. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution
of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties to which the permittee is
or may be subject to under Section 311 (Oil and Hazardous Substance
Liability) of the Clean Water Act.
7. State Laws
Nothing in this permit shall be construed to preclude the institution
of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties established pursuant to
any applicable State law or regulation under authority granted by
Section 510 of the Clean Water Act.
8. Permit Violations
Failure to comply with any terms and/or conditions of this permit
shall be a violation of this permit.
Code: i - 32 Date: 1-84, revised 12-88
PART II
Page 19 of 19
B. RESPONSIBILITIES
9. Property Rights
The issuance of this permit does not convey any property or water
rights in either real or personal property, or stream flows, or any
exclusive privileges, nor does it authorize any injury to private
property or any invasion of personal rights, nor any infringement of
Federal, State or local laws or regulations.
10. Severability
The provisions of this permit are severable. If any provisions of
this permit, or the application of any provision of this permit to
any circumstance, is held invalid, the application of such provision
to other circumstances and the application of the remainder of this
permit shall not be affected.
11. Renewal Application
If the permittee desires to continue to discharge a permit renewal
application shall be submitted at least one hundred eighty (180) days
before this permit expires. If the permittee anticipates there will
be no discharge after the expiration date of this permit, the
Division should be promptly notified so that it can terminate the
permit in accordance with Part II.B.6.
12. Confidentiality
Any information relating to any secret process, method of manufacture
or production, or sales or marketing data which has been declared
confidential by the permittee, and which may be acquired,
ascertained, or discovered, whether in any sampling investigation,
emergency investigation, or otherwise, shall not be publicly
disclosed by any member, officer, or employee of the Commission or
the Division, but shall be kept confidential. Any person seeking to
invoke the protection of this Subsection (2) shall bear the burden of
proving its applicability. This section shall never be interpreted
as preventing full disclosure of effluent data.
13. Fees
The permittee is required to submit payment of an annual fee as set
forth in the 1983 amendments to the Water Quality Control Act.
Section 25-8-502 (1) (b), and State Discharge Permit Regulations 5CCR
1002-2, Section 6.16.0 as amended. Failure to submit the required
fee when due and payable is a violation of the permit and will result
in enforcement action pursuant to Section 25-8-601 et. seq., C.R.S.
1973 as amended.
Code: i - 33 Date: 1-84, revised 12-88