A Guide to the Colorado Clean Water Policy Code Chapter 17 Requirements, Process, and Compliance

The Colorado Clean Water Policy Code Chapter 17 plays a crucial role in safeguarding the state's precious water resources, and understanding its intricacies is essential for navigating the complex landscape of environmental regulations. This comprehensive guide delves into the key aspects of the policy, from its applicability and scope to compliance obligations and enforcement provisions. It explores the regulated activities and entities, as well as the structure and key provisions of the policy, providing a solid foundation for grasping its environmental significance. The guide also examines the regulatory standards and limitations, monitoring and reporting requirements, and the potential consequences of non-compliance. By highlighting recent developments, the regulatory outlook, and providing a wealth of additional resources, this guide serves as an indispensable tool for managing projects in a manner that prioritizes environmental stewardship and regulatory compliance within the framework of the Colorado Clean Water Policy Code Chapter 17.

GENERAL INFORMATION

Key Details of the Colorado Clean Water Policy Code Chapter 17

Issuing Agency: Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Commission (WQCC)
Year Established: 1973
Last Amended: 2022
Statutory Authority: Colorado Water Quality Control Act
Primary Legal Reference: 5 Code of Colorado Regulations 1002-17

Overview of the Colorado Clean Water Policy Code Chapter 17

The Colorado Clean Water Policy Code Chapter 17 operates within the broader framework of the Colorado Water Quality Control Act, which aims to protect and improve the quality of the state's water resources. The regulation is administered and enforced by the Colorado Department of Public Health and Environment (CDPHE) and the Water Quality Control Commission (WQCC).

The primary goal of Chapter 17 is to address the issue of water pollution caused by stormwater runoff from construction sites. The regulation was first enacted in 1973 and has undergone several amendments over the years to strengthen its provisions and align with federal regulations under the Clean Water Act.

Chapter 17 achieves its goals by requiring construction site operators to obtain a stormwater discharge permit and implement best management practices (BMPs) to minimize erosion and sediment runoff. The regulation applies statewide to construction sites that disturb one or more acres of land, as well as smaller sites that are part of a larger common plan of development or sale.

What does the Colorado Clean Water Policy Code Chapter 17 protect?

The Colorado Clean Water Policy Code Chapter 17 protects the state's surface water resources, including rivers, streams, lakes, and reservoirs, from pollution caused by stormwater runoff from construction sites. The regulation achieves this protection by requiring construction site operators to implement erosion and sediment control measures, such as silt fences, sediment basins, and stabilized construction entrances, to minimize the amount of sediment and other pollutants that are carried by stormwater into nearby waterbodies.

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Colorado Clean Water Policy Code Chapter 17 regulates a wide range of activities and entities that have the potential to impact the state's water resources. This includes industries such as manufacturing, agriculture, oil and gas extraction, and construction. The policy aims to control and prevent water pollution from point sources, such as industrial facilities and wastewater treatment plants, as well as nonpoint sources, like agricultural runoff and urban stormwater.

The following activities and substances are prohibited under the Colorado Clean Water Policy Code Chapter 17:

1. Discharging any pollutant into state waters without a permit or in violation of permit conditions.
2. Disposing of any waste or wastewater in a manner that may result in water pollution.
3. Constructing or operating a facility that may discharge pollutants into state waters without obtaining the necessary permits.
4. Discharging any toxic substances, such as heavy metals, pesticides, or radioactive materials, in concentrations that may harm human health or the environment.
5. Engaging in any activity that may cause or contribute to a violation of state water quality standards.

These prohibitions are essential for protecting Colorado's water resources and ensuring that they remain safe for drinking, recreation, and wildlife. By preventing the discharge of harmful pollutants and requiring permits for potentially polluting activities, the policy helps maintain the ecological balance and public health of the state's water bodies.

Structure and Key Provisions

The Colorado Clean Water Policy Code Chapter 17 is structured into several sections that cover various aspects of water quality regulation. Some of the key sections include:

Section 17.1 - Definitions

This section provides definitions for important terms used throughout the policy, such as "pollutant," "point source," and "water quality standard."

Section 17.2 - Water Quality Standards

This section establishes the water quality standards that must be maintained in Colorado's water bodies, including criteria for specific pollutants and designated uses of water resources.

Section 17.3 - Permits

This section outlines the permitting requirements for entities that discharge pollutants into state waters, including the application process, permit conditions, and monitoring and reporting obligations.

Section 17.4 - Enforcement

This section describes the enforcement provisions of the policy, including compliance inspections, violation notices, and penalties for non-compliance.

It is crucial for developers and consultants to consult the full text of the Colorado Clean Water Policy Code Chapter 17 and engage with the relevant agencies, such as the Colorado Department of Public Health and Environment, for project-specific guidance. The policy's provisions may have varying applicability depending on the nature and location of the development project.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Colorado Clean Water Policy Code Chapter 17 establishes various standards and limitations to protect and maintain the quality of the state's water resources. These standards and limitations may include:¹

• Water quality standards for specific pollutants and parameters, such as nutrients, metals, and organic compounds
• Effluent limitations for point source discharges, based on technology-based or water quality-based requirements
• Best management practices (BMPs) for nonpoint source pollution control
• Antidegradation provisions to maintain and protect existing water quality

These standards are implemented through various regulatory mechanisms, such as permits, certifications, and planning processes. The Colorado Department of Public Health and Environment (CDPHE) is responsible for enforcing these standards and limitations through compliance monitoring, inspections, and enforcement actions.²

Monitoring, Reporting & Recordkeeping Obligations

Under the Colorado Clean Water Policy Code Chapter 17, regulated entities are subject to various monitoring, reporting, and recordkeeping requirements to demonstrate compliance with applicable standards and limitations. These obligations may include:³

• Conducting regular monitoring of effluent discharges, receiving water quality, or other relevant parameters
• Submitting periodic compliance reports, such as discharge monitoring reports (DMRs) or annual reports
• Maintaining records of monitoring data, compliance activities, and other relevant information for a specified period

Developers and consultants should work closely with the CDPHE and other relevant agencies to understand and fulfill the specific monitoring, reporting, and recordkeeping requirements applicable to their projects. These requirements may vary depending on factors such as the type of project, the receiving water body, and the potential impacts on water quality.⁴

Enforcement Actions & Penalties

The Colorado Clean Water Policy Code Chapter 17 authorizes the CDPHE and other relevant agencies to take enforcement actions against regulated entities for violations of applicable standards, limitations, and requirements. Enforcement actions may include:⁵

• Notices of violation
• Administrative orders
• Civil penalties
• Criminal penalties

The severity of enforcement actions and penalties may depend on factors such as the nature and extent of the violation, the potential harm to water quality or public health, and the regulated entity's compliance history and cooperation with the agency.⁶

To avoid enforcement actions and penalties, developers and consultants should prioritize proactive compliance and early engagement with the relevant agencies. This may involve seeking guidance on applicable requirements, obtaining necessary permits and certifications, and implementing effective compliance management systems.⁷

Readers are encouraged to consult the full text of the Colorado Clean Water Policy Code Chapter 17 and work closely with the CDPHE and other relevant agencies to understand the specific enforcement provisions and penalty structures that may apply to their projects.⁸

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

In recent years, the Colorado Clean Water Policy Code Chapter 17 has undergone several significant changes and developments that have shaped the current regulatory landscape. One of the most notable amendments was the introduction of the Colorado Nutrient Reduction Strategy in 2012, which aimed to reduce nutrient pollution in the state's waters by setting numeric nutrient criteria and promoting best management practices.

Another important development was the adoption of Regulation 85 in 2012, which established new requirements for wastewater treatment plants to reduce nutrient discharges. This regulation has had a significant impact on the regulated community, particularly developers and environmental consultants involved in the design and construction of wastewater treatment facilities.

In 2020, the Colorado Water Quality Control Commission adopted revisions to Regulation 31, which updated the state's water quality standards for surface waters. These revisions included changes to the classification of certain water bodies, as well as updates to the numeric criteria for various pollutants.

Looking ahead, stakeholders should be aware of potential future changes to the Colorado Clean Water Policy Code Chapter 17. The Colorado Department of Public Health and Environment (CDPHE) is currently in the process of developing a new Nutrient Reduction Plan, which may result in further amendments to the code. Additionally, the Water Quality Control Commission is expected to review and potentially revise several other regulations in the coming years, including Regulation 61 (Colorado Discharge Permit System Regulations) and Regulation 93 (Colorado's Section 303(d) List of Impaired Waters and Monitoring and Evaluation List).

To stay informed about these developments and participate in the regulatory process, stakeholders can monitor the CDPHE's Water Quality Control Division, which provides updates on rulemaking activities and opportunities for public comment. Joining relevant mailing lists, such as the Water Quality Control Commission's email list, can also help stakeholders stay informed about upcoming meetings and hearings. Engaging with industry associations, such as the Colorado Water Congress or the Colorado Stormwater Council, can provide additional insights and opportunities for involvement in the regulatory process.

Additional Resources

Colorado Clean Water Policy Code Chapter 17 Full Text: The official full text of the Colorado Clean Water Policy Code Chapter 17, as published by the Colorado Secretary of State.

CDPHE Water Quality Control Division - Regulations: The Colorado Department of Public Health and Environment's Water Quality Control Division webpage, providing access to various water quality regulations, including the Colorado Clean Water Policy Code Chapter 17 and its associated regulations.

Colorado Nutrient Reduction Strategy: A comprehensive overview of Colorado's strategy to reduce nutrient pollution in the state's waters, including information on the development and implementation of numeric nutrient criteria.

Colorado Water Quality Control Commission - Rulemaking: The Colorado Water Quality Control Commission's webpage, providing information on current and upcoming rulemaking activities, including opportunities for public participation and comment.

Colorado Stormwater Council - Resources: A collection of resources and educational materials related to stormwater management and compliance with water quality regulations in Colorado, maintained by the Colorado Stormwater Council.