§ 25-8-802 — Storm water management system administrator

(1) A nonprofit
entity may apply to be a storm water management system administrator by
completing an application in such form as the division may require. The division may
designate one or more storm water management system administrators. To be
designated as an administrator, the applicant must demonstrate to the satisfaction
of the division that:

(a) The applicant has in place a standardized compliance assistance and
assurance program that contains processes, procedures, and associated training
for participants that, when fully implemented by the program participants, would
result in full compliance with the requirements of the applicable CDPS storm water
construction permit. The compliance assistance and assurance program shall
assure, at a minimum, that each participant:

(I) Maintains a qualified permit compliance manager in accordance with the
CDPS storm water construction permit and the administrator's written policies;

(II) Maintains complete and updated permit documentation available for
inspection at the permitted facility;

(III) Completes established minimum requirements for training to maintain
permit compliance manager status; and

(IV) Complies with all applicable terms and conditions required by any MS4
permittee with jurisdiction over the participant's construction activities.

(b) The applicant ensures that a third-party audit of each participant facility
operating under a CDPS storm water construction permit is completed on a monthly
basis using standardized inspection reporting forms and procedures approved by
the division. Third-party audit reports must include standardized compliance
performance measurement and scoring clearly demonstrating the following:

(I) The adequacy of implementation of each aspect of the administrator's
storm water management systems;

(II) The adequacy of the SWMP in meeting all applicable permit requirements
defined in this part 8; and

(III) The adequacy of each storm water management practice used to
implement the SWMP.

(c) The applicant maintains records of its compliance assistance and
assurance program, including a list of participants and each participant facility, and
monthly required third-party audits, in a form approved by the division;

(d) The applicant has fully implemented the compliance assistance and
assurance program with a sufficient number of participants to demonstrate the
adequacy of the program for one year prior to submittal of an application for
designation as an administrator;

(e) The applicant maintains an advisory board that meets regularly, but not
less than quarterly, and such meetings are open to the public; and

(f) The applicant has a written storm water management program that
includes:

(I) An organizational chart defining relationships among stakeholders,
including the roles and responsibilities of each;

(II) Advisory board make-up and associated policies and procedures;

(III) Participant policies and procedures, including performance standards
and measurement methodology;

(IV) Third-party auditor policies and procedures; and

(V) Other policies and procedures the division may require to demonstrate a
complete and functional program.

(2) Upon the division's approval of the application, the division shall
designate the applicant as a storm water management system administrator. The
applicant shall maintain a compliance assistance and assurance program, including
requiring third-party audits and record keeping, consistent with the requirements of
this part 8.

(3) A storm water management system administrator shall provide to the
division on at least a yearly basis a summary report that describes in detail
significant program accomplishments and changes and that adequately
demonstrates the overall performance of the administrator's program in improving
participant compliance with the participants' storm water permits. The division shall
make the yearly administrator summary report available to the public.

(4) To the extent permitted by federal law, the division may reduce
compliance oversight activities for facilities authorized to discharge under a CDPS
storm water construction permit participating in a storm water management
system administrator program based on a determination by the division that the
participants or the participant facilities have a demonstrated record of reduced
potential for occurrences of noncompliance and reduced risk of negative impacts
on receiving waters. This part 8 does not prohibit or restrict any compliance
oversight, including inspections, by the division.

(5) The division may revoke the designation of an administrator for evidence
of repeated failure to meet the requirements of this part 8.

(6) The disclosure of any information related to a participant's third-party
audit to an administrator is not a disclosure under section 25-1-114.5.

(7) Participation in a storm water management system administrator
program by a holder of a CDPS storm water construction permit is strictly
voluntary, and a participant may end its participation at any time upon written
notice to the administrator.

(8) The administrator may work with the division to establish reporting
requirements acceptable to the division that would allow participants in the
administrator's program to participate in environmental performance recognition
programs, including the department's environmental leadership program.

Legislative History

Source: L. 2011: Entire part added, (HB 11-1026), ch. 159, p. 547, � 1, effective August 10.