§ 25-8-503.5 — General permits - process for changing permit requirements

Colorado § 25-8-503.5

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Water Quality Control

Text

(1) With respect to a general permit listed in section 25-8-502 (1)(b)(I)(G), when
proposing new or amended permit requirements for dischargers to meet, to obtain,
or to maintain authorization for discharges under the permit, the division shall:

(a) Prepare a statement of basis and purpose explaining the need for the
proposed requirements;

(b) Present evidence supporting the need for the proposed requirements,
including information regarding pollutant potential and available controls, incidents
of environmental damage, and permit violations;

(c) Before implementing the proposed requirements, provide public notice of,
and consider comments received from affected parties about, the proposed
requirements; and

(d) Upon request by an affected party, consider and give due weight to a
cost-benefit analysis:

(I) Received by the division during the comment phase set forth in paragraph
(c) of this subsection (1);

(II) Concerning one or more proposed requirements that are not already
required by federal or state statute or rule;

(III) Prepared by a third party chosen from an approved list of analysts, as
developed by the division in consultation with representatives of the industries that
are subject to general permitting; and

(IV) Paid for by the affected party.

(2) Nothing in subsection (1) of this section confers rule-making authority on
the division.

(3) A party may appeal a general permit issued under section 25-8-502
(1)(b)(I)(G) pursuant to the appeals process set forth in section 24-4-105, C.R.S.

Legislative History

Source: L. 2013: Entire section added, (SB 13-073), ch. 385, p. 2251, � 1, effective June 5.