Frequently Asked Questions: Colorado Clean Water Policy Provisions

Colorado Clean Water Policy Provisions Frequently Asked Questions

What is the Colorado Clean Water Policy Code Chapter 17?

The Colorado Clean Water Policy Code Chapter 17 is a regulation that aims to protect the state's surface water resources from pollution caused by stormwater runoff from construction sites. It is administered and enforced by the Colorado Department of Public Health and Environment (CDPHE) and the Water Quality Control Commission (WQCC).

What types of projects or activities are subject to the Colorado Clean Water Policy Code Chapter 17?

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. It also regulates a wide range of activities and entities that have the potential to impact the state's water resources, including industries such as manufacturing, agriculture, oil and gas extraction, and construction.

How can developers determine if their project is required to comply with the Colorado Clean Water Policy Code Chapter 17?

Developers should consult with the CDPHE and review the specific applicability criteria outlined in the regulation. Generally, if a construction project disturbs one or more acres of land or is part of a larger common plan of development or sale, it will be subject to the requirements of Chapter 17.

What are the key factors that influence the timeline and complexity of complying with the Colorado Clean Water Policy Code Chapter 17?

Factors that can influence the timeline and complexity of compliance include the size and scope of the project, the location and characteristics of the site, the potential impacts on water quality, and the need for additional permits or approvals. Engaging with the CDPHE early in the project planning process can help developers better understand and plan for compliance requirements.

What are the most important components of a successful compliance strategy for the Colorado Clean Water Policy Code Chapter 17?

A successful compliance strategy should include early engagement with the CDPHE, a thorough understanding of the applicable requirements, obtaining necessary permits and certifications, implementing effective best management practices (BMPs) for erosion and sediment control, and establishing a robust compliance monitoring and reporting program.

What are the potential consequences of non-compliance or failing to adhere to the requirements of the Colorado Clean Water Policy Code Chapter 17?

Non-compliance with Chapter 17 can result in enforcement actions by the CDPHE, including notices of violation, administrative orders, civil penalties, and criminal penalties. The severity of the consequences 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.

How can technology help facilitate compliance with the requirements of the Colorado Clean Water Policy Code Chapter 17?

Technology can play a valuable role in facilitating compliance with Chapter 17 by streamlining monitoring, reporting, and recordkeeping processes. For example, digital tools can be used to track and document BMP inspections, monitor weather conditions and stormwater runoff, and generate compliance reports. Drones and remote sensing technologies can also help developers assess site conditions and identify potential compliance issues.

What are the most common pitfalls to avoid when navigating the compliance process for the Colorado Clean Water Policy Code Chapter 17?

Common pitfalls to avoid include failing to obtain necessary permits or certifications, inadequate implementation of BMPs, poor recordkeeping and reporting, and lack of communication with the CDPHE. Developers should also be aware of potential changes to the regulation and stay informed about upcoming rulemaking activities that may affect their projects.

How can developers prepare for and manage public participation and stakeholder engagement related to the Colorado Clean Water Policy Code Chapter 17?

Developers should be proactive in engaging with stakeholders, such as local communities, environmental groups, and other interested parties, to address concerns and build support for their projects. This may involve holding public meetings, providing clear and accessible information about the project and its compliance with Chapter 17, and establishing mechanisms for ongoing communication and feedback.

What are the ongoing compliance obligations for projects subject to the Colorado Clean Water Policy Code Chapter 17?

Ongoing compliance obligations may include regular monitoring and reporting of stormwater discharges, maintaining records of BMP inspections and maintenance activities, and updating stormwater management plans as necessary. Developers should also be prepared to respond to any compliance issues identified by the CDPHE and take corrective actions in a timely manner.

What are the water quality standards established by the Colorado Clean Water Policy Code Chapter 17?

The regulation sets water quality standards for specific pollutants and parameters, such as nutrients, metals, and organic compounds. These standards are designed to protect the designated uses of water bodies, such as aquatic life, recreation, and water supply. The CDPHE is responsible for enforcing these standards through various regulatory mechanisms, including permits and certifications.

How does the Colorado Clean Water Policy Code Chapter 17 address nonpoint source pollution?

Chapter 17 addresses nonpoint source pollution, such as stormwater runoff from construction sites, through the implementation of best management practices (BMPs). These BMPs may include 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.

What are the permitting requirements under the Colorado Clean Water Policy Code Chapter 17?

Construction site operators that are subject to Chapter 17 must obtain a stormwater discharge permit from the CDPHE. The permitting process involves submitting an application, developing a stormwater management plan, and implementing BMPs to minimize erosion and sediment runoff. Permit conditions may include monitoring and reporting requirements, as well as compliance inspections by the CDPHE.

How can developers stay informed about potential future changes to the Colorado Clean Water Policy Code Chapter 17?

Developers can stay informed about potential changes to Chapter 17 by monitoring the CDPHE's Water Quality Control Division website, 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.

What resources are available to help developers understand and comply with the Colorado Clean Water Policy Code Chapter 17?

There are several resources available to assist developers in understanding and complying with Chapter 17, including:

• The official full text of the Colorado Clean Water Policy Code Chapter 17, as published by the Colorado Secretary of State
• The CDPHE Water Quality Control Division's website, which provides access to various water quality regulations and guidance documents
• The Colorado Stormwater Council's website, which offers a collection of resources and educational materials related to stormwater management and compliance with water quality regulations in Colorado

Developers can also seek guidance from environmental consultants and legal professionals who specialize in water quality regulations and permitting processes.