A Guide to the Colorado Discharge Permit System Permit Requirements, Process, and Compliance

Navigating the complex landscape of environmental permitting in Colorado can be a daunting task, but understanding the Colorado Discharge Permit System (CDPS) is crucial for the success of any large-scale development project. This comprehensive guide provides a deep dive into the CDPS permit, offering critical insights on the regulatory context, application requirements, compliance obligations, and best practices for effective permit management. From pre-application considerations to post-permit monitoring and reporting, this resource equips developers and environmental consultants with the knowledge and tools needed to successfully obtain and maintain a CDPS permit. It also highlights the importance of leveraging technology solutions like Transect to streamline the permitting process and ensure ongoing compliance. With up-to-date information on recent regulatory changes and a wealth of additional resources, this guide is an invaluable tool for navigating the complexities of the CDPS permit and achieving project success in Colorado.

GENERAL INFORMATION

CDPS Permit Key Details

Issuing Agency: Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Division (WQCD)

Year Established: The Colorado Discharge Permit System (CDPS) was established in 1975 following the enactment of the Colorado Water Quality Control Act in 1973.

Legal References:

• Colorado Water Quality Control Act, Title 25, Article 8, Colorado Revised Statutes
• Colorado Discharge Permit System Regulations, 5 CCR 1002-61
• Regulation No. 82 - 401 Certification Regulation, 5 CCR 1002-82

Date Last Amended: The CDPS Regulations were last amended on June 30, 2020.

Other Key Facts:

• The CDPS permit is a combined state and federal permit, serving as both a state discharge permit and a federal National Pollutant Discharge Elimination System (NPDES) permit.
• The CDPS permit program is administered in accordance with the Colorado Water Quality Control Act and the federal Clean Water Act.

Colorado Discharge Permit System (CDPS) Permit Overview

The Colorado Discharge Permit System (CDPS) permit operates within the broader regulatory framework established by the Colorado Water Quality Control Act and the federal Clean Water Act. The CDPS permit program is administered by the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment (CDPHE), in collaboration with the U.S. Environmental Protection Agency (EPA).

The primary environmental concerns addressed by the CDPS permit are the protection of surface and ground water quality from point source discharges of pollutants. The permit establishes effluent limitations, monitoring requirements, and other conditions to ensure that discharges do not cause or contribute to violations of water quality standards.

The CDPS permit program has evolved over time since its establishment in 1975, incorporating amendments to the Colorado Water Quality Control Act and updates to state and federal regulations. Notable milestones include the delegation of the federal NPDES program to Colorado in 1975 and the adoption of the Colorado Discharge Permit System Regulations in 1988.

Which Resources Are Regulated By CDPS Permit?

The Colorado Discharge Permit System (CDPS) permit plays a crucial role in protecting the state's valuable water resources from pollution. The specific environmental resources protected under the CDPS permit include:

• Surface Waters: Rivers, streams, lakes, reservoirs, wetlands, and other surface water bodies within the state.
• Ground Water: Subsurface water resources, including aquifers and underground water sources.

These water resources are protected from point source discharges of pollutants, such as wastewater treatment plants, industrial facilities, and stormwater runoff from construction sites and municipal separate storm sewer systems (MS4s). The CDPS permit achieves this protection by setting effluent limitations, monitoring requirements, and other conditions that dischargers must comply with to prevent water quality degradation and ensure the maintenance of designated uses.

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PROJECT APPLICABILITY & REQUIREMENTS

When Colorado Discharge Permit System Permits Are Required

Understanding when a Colorado Discharge Permit System Permit is required is crucial for developers, environmental consultants, and other stakeholders involved in projects that may impact the state's water resources. The Colorado Water Quality Control Act¹ and its associated regulations establish the framework for protecting and maintaining the quality of the state's waters. The Colorado Discharge Permit System (CDPS) is the primary permitting program that regulates discharges into state waters, ensuring compliance with water quality standards and protecting public health and the environment.

The following table outlines the types of activities, actions, or materials that trigger the need for a CDPS permit, along with the associated environmental considerations or potential impacts:

Colorado Discharge Permit System Permit Exemptions

While the Colorado Discharge Permit System (CDPS) regulates a wide range of activities that result in discharges to state waters, certain activities are exempt from the requirement to obtain a CDPS permit. These exemptions are based on the nature of the discharge, its potential impact on water quality, and other factors as determined by the Colorado Water Quality Control Commission².

The following list details specific state exemptions for the CDPS permit:

1. Agricultural Stormwater Discharges: Discharges composed entirely of return flows from irrigated agriculture are exempt from CDPS permit requirements³.

2. Ditch and Irrigation Return Flows: Return flows from irrigated agriculture, including discharges from ditches and irrigation systems, are exempt from CDPS permit requirements⁴.

3. Groundwater Discharges: Discharges of groundwater to surface water, except for groundwater that is hydrologically connected to surface water and subject to regulation under the Colorado Water Quality Control Act⁵.

4. Water Transfers: Discharges from a water transfer, which is defined as an activity that conveys or connects waters of the state without subjecting the transferred water to intervening industrial, municipal, or commercial use⁶.

To determine if a project qualifies for an exemption, developers should carefully review the specific conditions and limitations associated with each exemption. In some cases, additional guidance or interpretation may be necessary to assess the applicability of an exemption to a particular project.

Consultation Guidance

It is recommended that project proponents consult with the Colorado Department of Public Health and Environment's Water Quality Control Division to confirm the applicability of any exemptions. This consultation can help ensure that the project meets all relevant criteria and that the exemption is being applied correctly. Early engagement with the regulatory agency can also help identify potential issues or concerns that may need to be addressed during the project planning process.

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PERMIT APPLICATION & PROCESS

CDPS Permit Pre-Application Considerations & Planning

The Colorado Discharge Permit System (CDPS) permitting process is a critical component of any large-scale development project in Colorado that may impact water quality. The permit ensures compliance with state water quality standards and protects the state's valuable water resources.

A typical project lifecycle with CDPS permit touchpoints includes:

1. Project Conception: Identify project goals, scope, and potential environmental impacts.
2. Pre-Application Meeting: Engage with the Colorado Department of Public Health and Environment (CDPHE) to discuss project specifics and permitting requirements.
3. Permit Application Preparation: Gather necessary information, conduct studies, and prepare application materials.
4. Permit Application Submission: Submit the completed application to CDPHE.
5. Agency Review & Decision: CDPHE reviews the application, conducts public participation, and makes a permit decision.
6. Permit Issuance or Denial: If approved, the permit is issued with specific conditions and requirements.
7. Project Implementation: Proceed with project construction and operation in compliance with the permit.
8. Compliance Monitoring & Reporting: Conduct ongoing monitoring and submit reports to CDPHE as required by the permit.

The CDPS permit process typically spans several months to over a year, depending on project complexity and agency workload. Early engagement with CDPHE and thorough preparation of application materials can help streamline the process and avoid delays.

CDPS Permit Application Requirements & Submission

A complete CDPS permit application consists of several key components that provide the Colorado Department of Public Health and Environment (CDPHE) with the information necessary to evaluate the project's potential water quality impacts and determine appropriate permit conditions.

Required application materials typically include:

1. Application Form: The completed and signed CDPS permit application form, which collects basic information about the applicant and the proposed project.
2. Project Description: A detailed narrative describing the project purpose, location, scope, and anticipated water quality impacts.
3. Site Map: A detailed map or set of maps showing the project location, boundaries, topography, and nearby water bodies and wetlands.
4. Discharge Characterization: An analysis of the expected quantity and quality of any water discharges from the project, including pollutant concentrations and flow rates.
5. Stormwater Management Plan: A comprehensive plan outlining measures to control and treat stormwater runoff from the project site, including best management practices (BMPs) and erosion and sediment control measures.
6. Antidegradation Analysis: An evaluation of the project's potential to degrade water quality in high-quality water bodies, and proposed measures to minimize degradation.
7. Additional Supporting Documentation: Depending on the project specifics, additional materials may be required, such as groundwater monitoring plans, water quality modeling results, or alternative analysis reports.

The purpose of these application components is to demonstrate that the proposed project will comply with Colorado's water quality standards and regulations, and that appropriate measures will be taken to minimize and mitigate any potential adverse impacts to water resources.

The CDPS Permit Review & Decision Process

Ideal Timing for CDPS Permit Initiation: The CDPS permit process should be initiated early in the project planning phase, typically after the project scope and location have been defined but before detailed design work begins. This allows for any necessary adjustments to the project based on feedback from the Colorado Department of Public Health and Environment (CDPHE) and minimizes the risk of delays later in the project lifecycle.

Chronological Steps in the CDPS Permit Process:

1. Pre-Application Consultation: The applicant meets with CDPHE to discuss the project and permitting requirements. This step is optional but highly recommended.
   • Typical timeline: 1-2 months before application submission
2. Application Submission: The applicant submits a complete CDPS permit application to CDPHE.
   • Typical timeline: 0 months (start of review process)
3. Completeness Review: CDPHE reviews the application for completeness and may request additional information if needed.
   • Typical timeline: 1-2 months after submission
4. Technical Review: CDPHE conducts a detailed technical review of the application, evaluating the project's potential water quality impacts and proposed mitigation measures.
   • Typical timeline: 2-6 months after submission
5. Public Notice and Comment: CDPHE issues a public notice of the draft permit and invites public comment.
   • Typical timeline: 6-8 months after submission
6. Response to Comments: CDPHE reviews and responds to substantive public comments and may revise the draft permit as needed.
   • Typical timeline: 8-10 months after submission
7. Permit Decision: CDPHE makes a final decision to issue or deny the CDPS permit.
   • Typical timeline: 10-12 months after submission

Key Approval Criteria: CDPHE will approve a CDPS permit application if the proposed project demonstrates:

• Compliance with Colorado's water quality standards and regulations
• Adequate measures to minimize and mitigate potential adverse impacts to water resources
• Consistency with the Colorado Water Quality Control Act and other applicable state laws and regulations

CDPS Permit Public Participation & Stakeholder Engagement

Public participation is an essential component of the CDPS permit process, providing an opportunity for interested parties to review and comment on the proposed project and its potential water quality impacts.

When Public Input is Solicited: Public input is typically solicited after CDPHE has completed its technical review of the CDPS permit application and has prepared a draft permit. This usually occurs 6-8 months after the application is submitted.

Forms of Public Input: Public input on CDPS permits can take several forms:

• Written comments submitted during the public comment period
• Oral testimony provided at public hearings
• Requests for a public hearing, if one is not already scheduled

CDPHE's Obligation to Consider and Respond to Comments: CDPHE is required to consider all substantive comments received during the public participation process. This includes comments that raise significant issues regarding the project's potential water quality impacts, the adequacy of proposed mitigation measures, or compliance with applicable laws and regulations.

CDPHE must respond to substantive comments in writing, explaining how the comments were considered and whether any changes were made to the draft permit as a result. These responses are typically included in the administrative record for the permit decision.

Impact of Public Participation on the Permit Process: Public participation can have a significant impact on the CDPS permit process and the final permit decision. Substantive comments may lead CDPHE to request additional information from the applicant, revise permit conditions, or even deny the permit if significant concerns are raised that cannot be adequately addressed.

Public participation also helps to ensure transparency and accountability in the permitting process, and allows for the inclusion of local knowledge and perspectives in the decision-making process.

Common Challenges and Pitfalls in the CDPS Permit Process

Project proponents may encounter several common challenges and pitfalls during the CDPS permit process:

1. Incomplete or Inadequate Application Materials: Submitting an incomplete application or failing to provide sufficient detail can lead to delays in the review process and requests for additional information from CDPHE.
   • Strategy: Ensure that all required application components are thoroughly prepared and reviewed before submission.
2. Underestimating Potential Water Quality Impacts: Failing to fully assess and characterize the project's potential water quality impacts can lead to unexpected permit conditions or denial.
   • Strategy: Conduct thorough baseline studies and impact analyses, and engage qualified experts to assist in the permitting process.
3. Inadequate Mitigation Measures: Proposing insufficient or inappropriate measures to minimize and mitigate potential water quality impacts can result in permit delays or denial.
   • Strategy: Develop robust mitigation plans that incorporate best practices and are tailored to the specific project and site conditions.
4. Lack of Stakeholder Engagement: Failing to engage key stakeholders, such as local communities or environmental organizations, early in the process can lead to significant opposition and challenges during the public participation phase.
   • Strategy: Identify and engage stakeholders proactively, and consider their concerns and input in project planning and permitting.
5. Inconsistency with Local or Regional Plans: Proposing a project that is inconsistent with local or regional water quality plans and goals can lead to permit challenges and potential denial.
   • Strategy: Review and ensure consistency with relevant plans, such as watershed management plans or total maximum daily load (TMDL) requirements.

Lessons Learned and Best Practices:

• Start the permitting process early and allow sufficient time for agency review and public participation.
• Engage with CDPHE and key stakeholders proactively to identify potential issues and concerns.
• Invest in thorough baseline studies and impact analyses to support the permit application.
• Develop robust mitigation and monitoring plans that demonstrate a commitment to protecting water quality.
• Maintain open communication with CDPHE throughout the permitting process to address any questions or concerns promptly.

By understanding and proactively addressing these common challenges and pitfalls, project proponents can navigate the CDPS permit process more effectively and increase the likelihood of a successful permit outcome.

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TECHNOLOGY SOLUTIONS FOR PERMIT COMPLIANCE

Leveraging Technology for Colorado Discharge Permit System Permit Compliance

Technology plays a crucial role in streamlining and enhancing the Colorado Discharge Permit System Permit compliance process. By utilizing advanced data management, site assessment, and monitoring tools, permit applicants can significantly improve efficiency, accuracy, and transparency throughout the state permit compliance process.

Common tools and platforms used in Colorado for permit compliance include:

• Geographic Information Systems (GIS) for spatial analysis and site selection
• Environmental databases for accessing real-time data on water quality, protected species, and other relevant factors
• Digital permit application and submission portals for streamlined application processes
• Remote sensing and satellite imagery for site monitoring and assessment
• Cloud-based data storage and sharing platforms for collaborative work and easy access to critical information

The benefits of leveraging technology in the Colorado Discharge Permit System Permit compliance process are summarized in the table below:

By embracing technological solutions, permit applicants can navigate the Colorado Discharge Permit System Permit process more effectively, ensuring compliance with state regulations while minimizing costs and delays.

Transect: An Innovative Solution for Site Selection & Environmental Due Diligence

Transect is an all-in-one environmental due diligence solution that combines software knowledge with hands-on field experience to revolutionize site selection and permitting for industries such as solar, wind, renewable energy, and more. This innovative platform offers a range of key features and benefits that make it an invaluable tool for developers and permit applicants in Colorado:

• Swift Site Pinpointing and Suitability Analysis: Transect enables users to quickly determine the best sites for project development within the state, taking into account a wide range of environmental, regulatory, and logistical factors.

• Real-time Data Updates and Critical Issues Identification: The platform provides access to the latest state environmental data, allowing users to identify potential issues early in the site selection and permitting process.

• Versatility across Multiple Industries and Project Types: Transect is suitable for a wide range of industries, including solar, wind, and other renewable energies within Colorado, making it a flexible solution for diverse project needs.

• User-Friendly Interface and Intuitive Workflow: The platform's intuitive design ensures ease of use and efficiency in project planning for state-specific requirements, even for users with limited technical expertise.

• Efficiency Gains and Cost Savings: By streamlining the site selection and permitting process, Transect helps reduce the costs and delays typically associated with traditional environmental due diligence in Colorado.

• Proactive Risk Mitigation and Compliance Assurance: Transect's advanced features enable users to proactively address potential compliance issues, minimizing risks related to state regulations and ensuring a smooth permitting process.

By leveraging Transect's unique capabilities, developers and permit applicants in Colorado can streamline their site selection and permitting processes, reduce costs and delays, and ensure ongoing compliance with Colorado Discharge Permit System Permit requirements. This innovative platform is a game-changer for industries seeking to navigate the complex landscape of environmental due diligence and permitting in the state.

POST-PERMIT COMPLIANCE & MANAGEMENT

CDPS Permit Conditions & Compliance Obligations

Colorado Discharge Permit System (CDPS) Permits typically include a range of conditions and requirements that permittees must adhere to in order to maintain compliance with state regulations. These conditions often focus on minimizing environmental impacts, implementing mitigation measures, and fulfilling reporting obligations.

Key permit conditions may include:

1. Effluent limitations: Specified limits on the concentration and/or total quantity of pollutants that can be discharged into state waters⁷.
2. Best Management Practices (BMPs): Requirements to implement specific practices or technologies to minimize pollution and protect water quality⁸.
3. Mitigation commitments: Obligations to offset unavoidable impacts through restoration, enhancement, or preservation of aquatic resources⁹.
4. Monitoring and reporting: Requirements to regularly monitor and report on discharge quality, quantity, and impacts to ensure compliance with permit conditions¹⁰.

Compliance with these conditions is essential not only to avoid legal penalties but also to promote sustainable and responsible development practices within the state. By adhering to permit requirements, developers demonstrate their commitment to environmental stewardship and help maintain the integrity of Colorado's valuable water resources.

CDPS Permit Monitoring, Reporting & Recordkeeping Requirements

CDPS Permits require ongoing monitoring, reporting, and recordkeeping to demonstrate compliance with permit conditions and state regulations. These requirements ensure that permittees are actively tracking their environmental performance and providing transparent information to state authorities.

Monitoring requirements may include:

• Regular sampling and analysis of effluent quality
• Monitoring of receiving water bodies to assess impacts
• Tracking of discharge volumes and flow rates

Reporting requirements typically involve submitting regular reports to the Colorado Department of Public Health and Environment (CDPHE), detailing:

• Monitoring results and data
• Compliance status and any deviations from permit conditions
• Progress on implementing BMPs and mitigation measures

Reports are typically required on a quarterly or annual basis¹¹. Accurate and timely reporting is crucial for maintaining good standing with the permitting agency and avoiding enforcement actions.

Recordkeeping is also a critical component of permit compliance. Permittees must maintain detailed records of monitoring data, reports submitted, and compliance activities for a specified period, typically ranging from 3 to 5 years¹². These records must be made available to CDPHE upon request and are essential for demonstrating ongoing compliance with permit conditions.

Enforcement and Penalties for Non-Compliance with CDPS Permit

Failure to comply with CDPS Permit conditions can result in serious consequences, including administrative penalties, civil fines, criminal charges, and permit revocation. The severity of enforcement actions depends on the nature and extent of the violation, as well as the permittee's history of compliance.

Common violations that may trigger enforcement include:

• Exceeding effluent limitations or discharge volumes
• Failing to implement required BMPs or mitigation measures
• Inadequate monitoring or reporting
• Providing false or misleading information

Under Colorado law, civil penalties for permit violations can reach up to $10,000 per day per violation¹³. In cases of severe or repeated non-compliance, criminal charges may be pursued, resulting in fines of up to $25,000 per day per violation and/or imprisonment for up to one year¹⁴.

To mitigate enforcement risks, permittees should take prompt action to correct any identified deficiencies and maintain open communication with CDPHE. Proactive self-reporting of violations, along with a demonstrated commitment to remedying issues, can help reduce the severity of enforcement actions.

By prioritizing compliance and working collaboratively with the permitting agency, developers can avoid costly penalties and reputational damage while contributing to the protection of Colorado's environmental resources.

ADDITIONAL RESOURCES & UPDATES

Recent Changes & Updates to Colorado Discharge Permit System Permit

The Colorado Discharge Permit System (CDPS) has undergone several significant changes in recent years. Below are the most notable regulatory updates and legal decisions affecting the permit's scope and requirements:

1. Senate Bill 20-218 (Effective Date: September 14, 2020)

   • Expands the definition of "state waters" to include certain wetlands not covered under the federal Clean Water Act.
   • Requires the Water Quality Control Commission to establish a statewide permitting program for discharges of dredged or fill material into state waters.
   • Mandates that the new permitting program be at least as stringent as the federal Section 404 permitting program.

2. Water Quality Control Commission Regulation 61 Updates (Effective Date: January 1, 2021)

   • Incorporates changes to align with the federal Navigable Waters Protection Rule.
   • Clarifies the definition of "tributary" and "adjacent wetlands" for permitting purposes.
   • Introduces new exemptions for certain agricultural activities and maintenance of irrigation ditches.

3. Colorado Supreme Court Decision in Colorado Oil and Gas Conservation Commission v. Martinez (Issued: January 14, 2019)

   • Affirms that the Colorado Oil and Gas Conservation Commission (COGCC) has the authority to regulate oil and gas development to protect public health, safety, and welfare, including environmental concerns.
   • Emphasizes the importance of considering environmental impacts when issuing permits for oil and gas activities, which may influence CDPS permit requirements for related discharges.

Additional Resources & Information

The following resources provide further guidance and assistance for navigating the Colorado Discharge Permit System:

1. CDPS Permit Application Forms

   • Access the latest versions of CDPS permit application forms, including the main application form (Form 1) and sector-specific forms for industrial, construction, and municipal discharges.

2. Colorado Water Quality Control Division Permits, Policies, and Guidance

   • Find a comprehensive collection of documents related to water quality permitting in Colorado, including the CDPS Permit Writer's Manual, stormwater management guidance, and policies on specific pollutants and industries.

3. Colorado Environmental Online Services

   • Use the online portal to submit permit applications, monitor application status, pay fees, and manage compliance reporting electronically.

4. Colorado Water Quality Control Commission Regulations

   • Access the full text of the Water Quality Control Commission's regulations, including Regulation 61 (Colorado Discharge Permit System Regulations) and Regulation 62 (Regulations for Effluent Limitations).

5. Colorado Water Quality Statutes

   • Review the key state statutes governing water quality protection and permitting, including the Colorado Water Quality Control Act and the Colorado Pollution Prevention Act.