Current CDPS with Administrative Extension.pdf

4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe

Roger Berg, Water Div Mgr Loveland City of 200 No Wilson Ave Loveland, CO 80537

TO: Loveland City of

FROM: WQCD Permits Section 303-692-3517

DATE: 7/13/2020

RE: WQCD CDPS Permit application for CO-Individual permit CO00267001 Administrataive Extension

The Water Quality Control Division received an application from Loveland City of CO-Individual permit renewal on 3/2/2020 The application requests discharge authorization for Loveland WWTF located at 920 S Boise Ave Loveland Facility SIC 4952. The assigned permit number is CO0026701.

The application has been reviewed and is considered complete for the purposes of filing. The Division has not verified all of the information contained in your application and has relied upon your signed certification to determine that the information is true, accurate, and complete. No permit has been issued at this time. The Division has 180 days to issue the permit from the date received.

In the event that the Division does not issue a renewal permit in advance of the permit expiration date, the expired permit shall be administratively extended and continue in force to the effective date of the new permit. This is official notice of your eligibility of administrative extension and the permit shall become administratively extended on the date following your permit expiration. The permits duration may be extended only through administrative extensions and not through interim modifications.

The application will undergo a technical review once it is assigned to a permit writer. At that time the Division will contact you to inform you that permit renewal process has started and may request additional information in order to further evaluate the technical information included in your application and evaluate the discharge.

Based on the locational information provided in your application we have determined that your discharge would be to Segment: COSPBT04c. This discharge designation is solely for permit tracking and work planning purposes. The Division may evaluate other waterbody segments, particularly downstream segment(s), as part of the permit development process.

If any of the information submitted in your application is no longer true, accurate, and complete please submit an application supplement using the form found on the Division’s web site.

We have the following contacts on file, if any of this information changes from the date your application was submitted until we issue your permit, please send a revised application/change of contacts form

Permittee Contact the person authorized to sign and certify the permit application. This person receives all permit correspondences [Including invoice; is contacted for any questions relating to the facility; and receives DMRs as appropriate] and is the person responsible for ensuring compliance with the permit

Roger Berg, Water Div Mgr Loveland City of 200 No Wilson Ave Loveland, CO 80537 Phone number: 970-962-3711 Email: roger.berg@cityofloveland.org

4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe

Facility Contact (contacted for general inquiries regarding the facility):

Joe Creaghe, WWTP Mgr ORC 11085 Loveland City of 920 S Boise Ave Loveland, CO 80537 Phone number: 970-962-2572 Email: joe.creaghe@cityofloveland.org

Billing Contact (receives the invoice pertaining to the permit certification):

Joe Creaghe, WWTP Mgr ORC 11085 Loveland City of 920 S Boise Ave Loveland, CO 80537

DMR Contact:

Joe Creaghe, WWTP Mgr ORC 11085 Loveland City of 920 S Boise Ave Loveland, CO 80537

If you have any questions, feel free to contact the Permits Section and refer to the permit number CO0026701. We have detailed email and telephone contact information available on the Division website at the “Division Contacts”.

You may also contact us by calling the permits line at 303-692-3517.

http://www.colorado.gov/cs/Satellite/CDPHE-WQ/CBON/1251596764139

AUTHORIZATION TO DISCHARGE UNDER THE

COLORADO DISCHARGE PERMIT SYSTEM

PERMIT NUMBER CO0026701

In compliance with the provisions of the Colorado Water Quality Control Act, (25-8-101 et seq., CRS, 1973 as amended), for both discharges to surface and ground waters, and the Federal Water Pollution Control Act, as amended (33 U.S.C.

1251 et seq.; the "Act"), for discharges to surface waters only, the

City of Loveland is authorized to discharge from the City of Loveland Wastewater Treatment Facility located T5N, R68W, Sec. 19, SE 1/4, NW 1/4; 920 S. Boise Avenue in Loveland, CO; at 40.38421° latitude North and 105.05206° longitude West to the Big Thompson River in accordance with effluent limitations, monitoring requirements and other conditions set forth in Parts I and II hereof.

All discharges authorized herein shall be consistent with the terms and conditions of this permit.

The applicant may demand an adjudicatory hearing within thirty (30) calendar days of the date of issuance of the final permit determination, per the Colorado State Discharge Permit System Regulation 61.7(1). Should the applicant choose to contest any of the effluent limitations, monitoring requirements or other conditions contained herein, the applicant must comply with Section 24-4-104 CRS 1973 and the Colorado State Discharge Permit System Regulations. Failure to contest any such effluent limitation, monitoring requirement, or other condition, constitutes consent to the condition by the applicant.

This permit and the authorization to discharge shall expire at midnight, August 31, 2020.

Modified, Reissued, and Signed this 30th day of April, 2018.

COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Ellen Howard Kutzer, Permits Section Manager Water Quality Control Division

Permit Action Summary:

Modification 3 – Minor Modification- Issued April 30, 2018 Effective June 1, 2018 Part I.A.2 and Part I.B.6.c Modification 2 – Minor Modification- Issued August 31, 2017 Effective October 1, 2017 Part I.A.1, I.A.2 and Part I.B.6.b Modification 1 – Minor Modification- Issued August 26, 2015, Effective September 1, 2015 – Part I.B.6.b Originally Issued July 24, 2015, Effective September 1, 2015

Permit, Part I Permit No. CO0026701

TABLE OF CONTENTS

PART I

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

1. Permitted Feature(s)

2. Limitations, Monitoring Frequencies and Sample Types for Effluent Parameters

3. Monitoring Frequency and Sample Type Influent Parameters

4. Special Studies and Additional Monitoring

B. TERMS AND CONDITIONS

1. Service Area

2. Design Capacity

3. Expansion Requirements

4. Facilities Operation and Maintenance

5. Chronic WET Testing -Outfall: 001A

6. Compliance Schedule(s)

7. Pretreatment Program - Industrial Pretreatment Program - Contributing Industries and Pretreatment Requirements

C. DEFINITION OF TERMS

D. General Monitoring, SAmpling and reporting requirements

1. Routine Reporting of Data

2. Annual Biosolids Report

3. Representative Sampling

4. Influent and Effluent Sampling Points

5. Analytical and Sampling Methods for Monitoring and Reporting

6. Records

7. Flow Measuring Devices

8. Signatory Requirements

PART II

A. NOTIFICATION REQUIREMENTS

1. Notification to Parties

2. Change in Discharge

3. Noncompliance Notification

4. Transfer of Ownership or Control

5. Other Notification Requirements

6. Bypass Notification

7. Bypass

8. Upsets

9. Submission of Incorrect or Incomplete Information

B. RESPONSIBILITIES

1. Reduction, Loss, or Failure of Treatment Facility

2. Inspections and Right to Entry

3. Duty to Provide Information

4. Availability of Reports

5. Modification, Suspension, Revocation, or Termination of Permits By the Division

6. Oil and Hazardous Substance Liability

7. State Laws

8. Permit Violations

9. Severability

10. Confidentiality

11. Fees

12. Duration of Permit

13. Section 307 Toxics

14. Effect of Permit Issuance

PART III

Permit No. CO0026701

PART I

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

1. Permitted Feature(s)

Beginning no later than the effective date of this permit and lasting through the expiration date, the permittee is authorized to discharge from, and self monitoring samples taken in accordance with the monitoring requirements shall be obtained from permitted feature(s):

001A, following disinfection and prior to entering the Big Thomposn River, 40.384300° N, 105.052100° W

Permitted Feature 001 Limit Set P, following disinfection and prior to entering the Big Thompson River, 40.384300° N, 105.052100° W

UST1A is an in-stream premittted feature located upstream from the facility discharge to collect continous ambient temperature data at 40.383505° North latitude, -105.052260° West longitude.

The location(s) provided above will serve as the point(s) of compliance for this permit and are appropriate as they are located after all treatment and prior to discharge to the receiving water. Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited.

In accordance with the Water Quality Control Commission Regulations for Effluent Limitations, Section 62.4, and the Colorado Discharge Permit System Regulations, Section 61.8(2), 5 C.C.R. 1002-61, the permitted discharge shall not contain effluent parameter concentrations which exceed the following limitations specified below or exceed the specified flow limitation.

2. Limitations, Monitoring Frequencies and Sample Types for Effluent Parameters

In order to obtain an indication of the probable compliance or noncompliance with the effluent limitations specified in Part I.A, the permittee shall monitor all effluent parameters at the frequencies and sample types specified below. Such monitoring will begin immediately and last for the life of the permit unless otherwise noted. The results of such monitoring shall be reported on the Discharge Monitoring Report form (See Part I.D.)

Self-monitoring sampling by the permittee for compliance with the effluent monitoring requirements specified in this permit, shall be performed at the location(s) noted in Part I.A.1 above. If the permittee, using an approved analytical method, monitors any parameter more frequently than required by this permit, then the results of such monitoring shall be included in the calculation and reporting of the values required in the Discharge Monitoring Report Form (DMRs) or other forms as required by the Division. Such increased frequency shall also be indicated.

Percentage Removal Requirements - If noted in the limits table(s), the arithmetic mean of the BOD5 and TSS concentrations for effluent samples collected during the DMR reporting period shall demonstrate a minimum of eighty-five percent (85%) removal of both BOD5 and TSS, as measured by dividing the respective difference between the mean influent and effluent concentrations for the DMR monitoring period by the respective mean influent concentration for the DMR monitoring period, and multiplying the quotient by 100.

Oil and Grease Monitoring: For every outfall with oil and grease monitoring, in the event an oil sheen or floating oil is observed, a grab sample shall be collected and analyzed for oil and grease, and reported on the appropriate DMR under parameter 03582. In addition, corrective action shall be taken immediately to mitigate the discharge of oil and grease. A description of the corrective action taken should be included with the DMR.

Total Residual Chlorine: Monitoring for TRC is required only when chlorine is in use, with the exception of the use of chlorine for odor control.

Flow Recording Device: For this facility, a single flow recording device is provided and is located at the point of wastewater influent to the treatment plant. Since effluent flows will not be significantly different from influent flows, the single flow measurement device will be used for the recording and reporting of both influent and effluent flows. Reported influent flows will be used to monitor hydraulic loading to the plant.

Metals: Metals concentrations measured in compliance with the effluent monitoring requirements listed in Part I.A of this permit may be used to satisfy any pretreatment or industrial waste management metals monitoring requirements listed in Part I.B.7, if the metals are in the same form (i.e. total). The special sampling procedures (e.g. 24-hour composite samples) specified in Part I.B.7 must be followed.

Permitted Feature/Limit Set 001A

ICIS

Code Effluent Parameter

Effluent Limitations Maximum Concentrations Monitoring Requirements

30-Day Average

7-Day Average

Daily Maximum

2-Year Average Frequency Sample Type

50050 Effluent Flow (MGD) 10 Report Continuous Recorder

00010 Temp Daily Max (°C) March-Nov Report Continuous Recorder

00010 Temp Daily Max (°C) Dec-Feb Report Continuous Recorder

00010 Temp MWAT (°C) March-Nov Report Continuous Recorder

00010 Temp MWAT (°C) Dec-Feb Report Continuous Recorder 00400 pH (su) 6.5-9 Daily Grab 51040 E. coli (#/100 ml), May 1-Oct 15 142 284 Monthly Grab 51040 E. coli (#/100 ml), Oct 16 -Apr 30 736 1472 Monthly Grab 50060 TRC, until 3/30/2019 Report Report 3 Times/Day Grab 50060 TRC, beginning 4/1/2019 0.013 0.02 3 Times/Day Grab 00610 Total Ammonia as N (mg/l)

January 4.0 12 2 Days/Week Composite February 3.6 11 2 Days/Week Composite

March 5.9 23 2 Days/Week Composite

April 5.3 34 2 Days/Week Composite May 4.2 28 2 Days/Week Composite June 4.1 31 2 Days/Week Composite July 4.5 35 2 Days/Week Composite

August 4.4 24 2 Days/Week Composite September 4.2 29 2 Days/Week Composite

October 5.2 30 2 Days/Week Composite November 5.8 24 2 Days/Week Composite December 3.7 13 2 Days/Week Composite

00310 BOD5, effluent (mg/l) 30 45 Monthly Composite 81010 BOD5 (% removal) 85 (min) Monthly Calculated 00530 TSS, effluent (mg/l) 30 45 Monthly Composite 81011 TSS (% removal) 85 (min) Monthly Calculated

84066 Oil and Grease (visual) Report 2 Days/Week Visual

03582 Oil and Grease (mg/l) 10 Contingent Grab

00978 As, TR (µg/l) Report Quarterly Composite 01313 Cd, PD (µg/l) Report Quarterly Composite 01306 Cu, PD (µg/l) Report Report Quarterly Composite 00980 Fe, TR (µg/l) Report Quarterly Composite 01319 Mn, PD (µg/l) Report Quarterly Composite 71900 Hg, Tot (µg/l) Report Quarterly Composite 01322 Ni, PD (µg/l) Report Quarterly Composite 01323 Se, PD (µg/l) , until June 30, 2020 Report Report Monthly Composite

01323 Se, PD (µg/l), Beginning July 1, 2020 4.6 Report Monthly Composite

01303 Zn, PD (µg/l) Report Quarterly Composite 51202 Sulfide as H2S (mg/l) Report Monthly Composite

WET, chronic

TKP6C Static Renewal 7 Day Chronic Pimephales promelas

NOEC or IC25 > IWC Quarterly 3 Composites /

Test

TKP3B Static Renewal 7 Day Chronic Ceriodaphnia dubia

NOEC or IC25 > IWC Quarterly 3 Composites /

Test

Permitted Feature/Limit Set 001A, continued

ICIS

Code Effluent Parameter

Effluent Limitations Maximum Concentrations1 Monitoring Requirements Running Annual

Median* 95th percentile** Frequency Sample Type

00640 Total Inorganic Nitrogen (mg/l) until 03/30/2020 Report Report Monthly Composite

00640 Total Inorganic Nitrogen (mg/l) beginning 04/01/2020 15 20 Monthly Composite

00665 Total Phosphorus (mg/l), until 03/30/2020

Report Report Monthly Composite

00665 Total Phosphorus (mg/l), beginning 04/01/2020 1.0 2.5 Monthly Composite

*Reported as a running annual median, which is a median of all samples taken in the most recent 12 calendar months ** Reported as the 95th percentile of all samples taken in the most recent 12 calendar months 1Note that 12 month of data collection after the effective date is needed prior to the reporting

Permitted Feature 001 Limit Set P

Code Effluent Parameter

Effluent Limitations Maximum Concentrations, Daily Max Frequency Sample Type

01002 Total Arsenic, µg/l Report Annually Composite 01027 Total Cadmium, µg/l Report Annually Composite 01034 Total Chromium, µg/l Report Annually Composite 01042 Total Copper, µg/l Report Annually Composite 01051 Total Lead, µg/l Report Annually Composite 71900 Total Mercury, µg/l Report Annually Composite 01062 Total Molybdenum, µg/l Report Annually Composite 01067 Total Nickel, µg/l Report Annually Composite 01147 Total Selenium, µg/l Report Annually Composite 01077 Total Silver, µg/l Report Annually Composite 01092 Total Zinc, µg/l Report Annually Composite 00720 Total Cyanide, µg/l Report Annually Grab 03604 Total Phenols, µg/l Report Annually Composite

Permitted Feature UST1A, Permitted Future Type: receiving water (ambient)

Code Receiving Water Parameter

Permitted Feature Limitations Maximum Concentrations Monitoring Requirements

MWAT Daily Maximum Frequency Sample Type

00010 Temp DM (°C) March-Nov, starting October 1, 2016 Report Continuous Recorder

00010 Temp DM (°C) December- Feb, starting October 1, 2016 Report Continuous Recorder

00010 Temp MWAT (°C) March- Nov, starting October 1, 2016 Report Continuous Recorder

00010 Temp MWAT (°C) December- Feb, starting October 1, 2016 Report Continuous Recorder

3. Monitoring Frequency and Sample Type Influent Parameters

Regardless of whether or not an effluent discharge occurs and in order to obtain an indication of the current influent loading as compared to the approved capacity specified in Part I.A.3 and Part I.B.2; the permittee shall monitor influent parameters at the following required frequencies, the results to be reported on the Discharge Monitoring Report (See Part I.D):

If the permittee monitors any parameter more frequently than required by the permit, using an approved test procedure or as specified in the permit, the result of this monitoring shall be included in the calculation and reporting of data to the Division.

Self-monitoring samples taken in compliance with the monitoring requirements specified below shall be taken at the following location(s): Outfall 300I, at a representative point prior to biological treatment.

Permitted Feature 300I

Code Parameter

Influent Limitations Maximum Concentrations Monitoring

Frequency Sample

Type 30-Day Average

7-Day Average

Daily Max.

50050 G Flow, mgd Report Report Continuous Recorder 00180 G Plant Capacity (% of

Capacity - Hydraulic) 1 Report Monthly Calculated 1

00310 G BOD5, mg/l Report Report Monthly Composite 00310 G BOD5, lbs/day Report Report Monthly Calculated 00180 G Plant Capacity (% of

Capacity - Organic) 1 Report Monthly Calculated 1

00530G Total Suspended Solids, mg/l Report Report Monthly Composite

1 The % capacity is to be reported against the listed capacities of 10 for the hydraulic capacity and 20,233 for the organic capacities as noted in Site Approval 4666. The percentage should be calculated using the 30-day average values divided by the corresponding capacity, times 100.

Permitted Feature 300 Limit Set P

ICIS Code Parameter

Influent Limitations Maximum

Concentrations, Daily Max

Frequency Sample Type

01002G Total Arsenic, µg/l Report Annually Composite 01027G Total Cadmium, µg/l Report Annually Composite 01034G Total Chromium, µg/l Report Annually Composite 01042G Total Copper, µg/l Report Annually Composite 01051G Total Lead, µg/l Report Annually Composite 71900G Total Mercury, µg/l Report Annually Composite 01062G Total Molybdenum, µg/l Report Annually Composite 01067G Total Nickel, µg/l Report Annually Composite 01147G Total Selenium, µg/l Report Annually Composite 01077G Total Silver, µg/l Report Annually Composite 01092G Total Zinc, µg/l Report Annually Composite 00720G Total Cyanide, µg/l Report Annually Grab 03604G Total Phenols, µg/l Report Annually Composite

4. Special Studies and Additional Monitoring

a. Temperature Monitoring Equipment- The facility is required to install continuous temperature monitoring equipment at location UST1A to comply with the temperature monitoring ‘continuous’ requirements listed Part I.A. 2.

Code Event Description Due Date 04301 Install

Temperature Meters

The permittee is to submit a document certifying that continuous ambient, upstream temperature monitoring equipment has been installed and is operational.

9/31/2016

B. TERMS AND CONDITIONS

1. Service Area

All wastewater flows contributed in the service area may be accepted by the City of Loveland for treatment at the permittee's wastewater treatment plant provided that such acceptance does not cause or contribute to an exceedance of the throughput or design capacity of the treatment works or the effluent limitations in Part I.A, or constitute a substantial impact to the functioning of the treatment works, degrade the quality of the receiving waters, or harm human health, or the environment.

In addition, the permittee shall enter into and maintain service agreements with any municipalities that discharge into the wastewater treatment facility. The service agreements shall contain all provisions necessary to protect the financial, physical, and operational integrity of the wastewater treatment works.

2. Design Capacity

Based on Site Approval 4666, the design capacity of this domestic wastewater treatment works is 10 million gallons per day (MGD) for hydraulic flow (30-day average) and 20,233 lbs. BOD5 per day for organic loading (30-day average).

3. Expansion Requirements

Pursuant to Colorado Law, C.R.S. 25-8-501 (5 d & e), the permittee is required to initiate engineering and financial planning for expansion of the domestic wastewater treatment works whenever throughput reaches eighty (80) percent of the treatment capacity. Such planning may be deemed unnecessary upon a showing that the area served by the domestic wastewater treatment works has a stable or declining population; but this provision shall not be construed as preventing periodic review by the Division should it be felt that growth is occurring or will occur in the area.

The permittee shall commence construction of such domestic wastewater treatment works expansion whenever throughput reaches ninety-five (95) percent of the treatment capacity or, in the case of a municipality, either commence construction or cease issuance of building permits within such municipality until such construction is commenced; except that building permits may continue to be issued for any construction which would not have the effect of increasing the input of wastewater to the sewage treatment works of the municipality involved.

Where unusual circumstances result in throughput exceeding 80% of treatment capacity, the permittee may, in lieu of initiating planning for expansion, submit a report to the Division that demonstrates that it is unlikely that the event will reoccur, or even if it were to reoccur, that 95% of the treatment capacity would not be exceeded.

Where unusual circumstances result in throughput exceeding 95% of the treatment capacity, the permittee may, in lieu of initiating construction of the expansion, submit a report to the Division that demonstrates that the domestic wastewater treatment works was in compliance at all times during the events and that it is extremely unlikely that the event will reoccur.

Where the permittee submits a report pursuant to unusual circumstances, and the Division, upon review of such report, determines in writing to the permittee that the report does not support the required findings, the permittee shall initiate planning and/or construction of the domestic wastewater treatment works as appropriate.

4. Facilities Operation and Maintenance

The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control including all portions of the collection system and lift stations owned by the permittee (and related appurtenances) which are installed or used by the permittee as necessary to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes effective performance, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems when installed by the permittee only when necessary to achieve compliance with the conditions of the permit.

Any sludge produced at the wastewater treatment facility shall be disposed of in accordance with State and Federal regulations. The permittee shall take all reasonable steps to minimize or prevent any discharge of sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. As necessary, accelerated or additional monitoring to determine the nature and impact of the noncomplying discharge is required.

5. Chronic WET Testing -Outfall: 001A

a. General Chronic WET Testing and Reporting Requirements

The permittee shall conduct the chronic WET test using Ceriodaphnia dubia and Pimephales promelas, as a static renewal 7-day test using three separate composite samples. The permittee shall conduct each chronic WET test in accordance with the 40 CFR Part 136 methods described in Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Water to Freshwater Organisms, Fourth Edition, October 2002 (EPA-821-R-02-013) or the most current edition.

The following minimum dilution series should be used: 0% effluent (control), 21%, 43%, 85%, 93%, and 100% effluent.

If the permittee uses more dilutions than prescribed, and accelerated testing is to be performed, the same dilution series shall be used in the accelerated testing (if applicable) as was initially used in the failed test.

Tests shall be done at the frequency listed in Part I.A.2. Test results shall be reported along with the Discharge Monitoring Report (DMR) submitted for the end of the reporting period when the sample was taken. (i.e., WET testing results for the calendar quarter ending March 31 shall be reported with the DMR due April 28, etc.) The permittee shall submit all laboratory statistical summary sheets, summaries of the determination of a valid, invalid or inconclusive test, and copies of the chain of custody forms, along with the DMR for the reporting period.

If a test is considered invalid, the permittee is required to perform additional testing during the monitoring period to obtain a valid test result. Failure to obtain a valid test result during the monitoring period shall result in a violation of the permit for failure to monitor.

b. Violations of the Permit Limit, Failure of One Test Statistical Endpoint and Division Notification

A chronic WET test is considered a violation of a permit limitation when both the NOEC and the IC25 are at any effluent concentration less than the IWC. The IWC for this permit has been determined to be 85% effluent.

A chronic WET test is considered to have failed one of the two statistical endpoints when either the NOEC or the IC25 are at any effluent concentration less than the IWC. The IWC for this permit has been determined to be 85% effluent.

In the event of a permit violation, or when two consecutive reporting periods have resulted in failure of one of the two statistical endpoints (regardless of which statistical endpoints are failed), the permittee must provide written notification to the Division. Such notification should explain whether it was a violation or two consecutive failures of a single endpoint, and must indicate whether accelerated testing or a Toxicity Identification Evaluation or Toxicity Reduction Evaluation (TIE or TRE) is being performed, unless otherwise exempted, in writing, by the Division. Notification must be received by the Division within 14 calendar days of the permittee receiving notice of the WET testing results.

c. Automatic Compliance Response

The permittee is responsible for implementing the automatic compliance response provisions of this permit when one of the following occurs:

• there is a violation of the permit limit (both the NOEC and the IC25 endpoints are less than the applicable IWC)

• two consecutive monitoring periods have resulted in failure of one of the two statistical endpoints (either the

IC25 or the NOEC)

• the permittee is otherwise informed by the Division that a compliance response is necessary

When one of the above listed events occurs, the following automatic compliance response shall apply. The permittee shall either:

• conduct accelerated testing using the single species found to be more sensitive

• conduct a Toxicity Identification Evaluation (TIE) or a Toxicity Reduction Evaluation (TRE) investigation as described below.

i. Accelerated Testing

If accelerated testing is being performed, testing will be at least once every two weeks for up to five tests with only one test being run at a time, using only the IC25 statistical endpoint to determine if the test passed or failed at the appropriate IWC. Accelerated testing shall continue until; 1) two consecutive tests fail or three of five tests fail, in which case a pattern of toxicity has been demonstrated or 2) two consecutive tests pass or three of five tests pass, in which case no pattern of toxicity has been found. Note that the same dilution series should be used in the accelerated testing as was used in the initial test(s) that result in the accelerated testing requirement.

If accelerated testing is required due to failure of one statistical endpoint in two consecutive monitoring periods, and in both of those failures it was the NOEC endpoint that was failed, then the NOEC shall be the only statistical endpoint used to determined whether the accelerated testing passed or failed at the appropriate IWC. Note that the same dilution series should be used in the accelerated testing as was used in the initial test(s) that result in the accelerated testing requirement.

If no pattern of toxicity is found the toxicity episode is considered to be ended and routine testing is to resume. If a pattern of toxicity is found, a TIE/TRE investigation is to be performed. If a pattern of toxicity is not demonstrated but a significant level of erratic toxicity is found, the Division may require an increased frequency of routine monitoring or some other modified approach. The permittee shall provide written notification of the results within 14 calendar days of completion of the Pattern of Toxicity/No Toxicity demonstration.

ii. Toxicity Identification Evaluation (TIE) or Toxicity Reduction Evaluation (TRE)

If a TIE or a TRE is being performed, the results of the investigation are to be received by the Division within 180 calendar days of the demonstration chronic WET in the routine test, as defined above, or if accelerated testing was performed, the date the pattern of toxicity is demonstrated. A status report is to be provided to the Division at the 60 and 120 calendar day points of the TIE or TRE investigation. The Division may extend the time frame for investigation where reasonable justification exists. A request for an extension must be made in writing and received prior to the 180 calendar day deadline. Such request must include a justification and supporting data for such an extension.

Under a TIE, the permittee may use the time for investigation to conduct a preliminary TIE (PTIE) or move directly into the TIE. A PTIE consists of a brief search for possible sources of WET, where a specific parameter(s) is reasonably suspected to have caused such toxicity, and could be identified more simply and cost effectively than a formal TIE. If the PTIE allows resolution of the WET incident, the TIE need not necessarily be conducted in its entirety. If, however, WET is not identified or resolved during the PTIE, the TIE must be conducted within the allowed 180 calendar day time frame.

The Division recommends that the EPA guidance documents regarding TIEs be followed. If another method is to be used, this procedure should be submitted to the Division prior to initiating the TIE.

If the pollutant(s) causing toxicity is/are identified, and is/are controlled by a permit effluent limitation(s), this permit may be modified upon request to adjust permit requirements regarding the automatic compliance response.

If the pollutant(s) causing toxicity is/are identified, and is/are not controlled by a permit effluent limitation(s), the Division may develop limitations the parameter(s), and the permit may be reopened to include these limitations.

If the pollutant causing toxicity is not able to be identified, or is unable to be specifically identified, or is not able to be controlled by an effluent limit, the permittee will be required to perform either item 1 or item 2 below.

l) Conduct an investigation which demonstrates actual instream aquatic life conditions upstream and downstream of the discharge, or identify, for Division approval, and conduct an alternative investigation which demonstrates the actual instream impact. This should include WET testing and chemical analyses of the ambient water. Depending on the results of the study, the permittee may also be required to identify the control program necessary to eliminate the toxicity and its cost. Data collected may be presented to the WQCC for consideration at the next appropriate triennial review of the stream standards;

2) Move to a TRE by identifying the necessary control program or activity and proceed with elimination of the toxicity so as to meet the WET effluent limit.

If toxicity spontaneously disappears in the midst of a TIE, the permittee shall notify the Division within 10 calendar days of such disappearance. The Division may require the permittee to conduct accelerated testing to demonstrate that no pattern of toxicity exists, or may amend the permit to require an increased frequency of WET testing for some period of time. If no pattern of toxicity is demonstrated through the accelerated testing or the increased monitoring frequency, the toxicity incident response will be closed and normal WET testing shall resume.

The control program developed during a TRE consists of the measures determined to be the most feasible to eliminate WET. This may happen through the identification of the toxicant(s) and then a control program aimed specifically at that toxicant(s) or through the identification of more general toxicant treatability processes. A control program is to be developed and submitted to the Division within 180 calendar days of beginning a TRE. Status reports on the TRE are to be provided to the Division at the 60 and 120 calendar day points of the TRE investigation.

If toxicity spontaneously disappears in the midst of a TRE, the permittee shall notify the Division within 10 calendar days of such disappearance. The Division may require the permittee to conduct accelerated testing to demonstrate that no pattern of toxicity exists, or may amend the permit to require an increased frequency for some period of time. If no pattern of toxicity is demonstrated through the accelerated testing or the increased monitoring frequency, the toxicity incident response will be closed and normal WET testing shall resume.

d. Toxicity Reopener

This permit may be reopened and modified to include additional or modified numerical permit limitations, new or modified compliance response requirements, changes in the WET testing protocol, the addition of both acute and chronic

WET requirements, or any other conditions related to the control of toxicants.

6. Compliance Schedule(s)

a. Activities to Meet Total Inorganic Nitrate and Total Phosphorus Final Limits– In order to meet Total Inorganic Nitrate and Total Phosphorus final limits, the following schedule for construction (if deemed necessary by the permittee) are included in the permit.

06599 Hire a Consultant/ Professional Engineer

Submit a letter of notification that a Colorado licensed engineering consultant has been obtained and funding has been secured for planning aspects

4/1/2016

CS011 Plan, Report, or Scope of Work

Submit a letter of notification that Preliminary Effluent Limits (PELs) have been received and report progress in obtaining funding for design and construction aspects

4/1/2017

73905 Engineering Plan

Submit a letter of notification that funding has been obtained for design and construction aspects, and final plans specifications have been submitted to the Division. Note that a Site Application and a preliminary design must be submitted and approved by the Division prior to final plans and specifications.

4/1/2018

CS015 Commence Required Work or On-Site Construction

Submit a letter of notification that Final Design Approval has been received from the Division and construction has commenced.

4/1/2019

CS010 Status/Progress Report

Submit a construction progress report summarizing the progress in construction or other activities.

10/1/2019

CS016 Complete Required Work or On-Site Construction

Complete construction of facilities or other appropriate actions, which will allow the permittee to meet the final limitations.

3/30/2020

b. Activities to Meet Potentially Dissolved Selenium Final Limits – In order to meet Potentially Dissolved Selenium limitations, the following schedule is included in the permit.

43699 Facility Evaluation Plan

Submit a report that identifies sources of selenium to the wastewater treatment facility and identifies strategies to control these sources or treatment alternatives such that compliance with the final limitations may be attained.

09/30/2016

00899 Implementation Schedule

Submit a progress report summarizing the progress in implementing the biannual collection system pipe rehabilitation and any other strategies to control sources such that compliance with the final dissolved selenium limitations may be attained.

09/30/2017

00899 Implementation Schedule

Submit a progress report summarizing the progress in implementing the biannual collection system pipe rehabilitation and any other strategies to control sources such that compliance with the final dissolved selenium limitations may be attained.

09/30/2018

00899 Implementation Schedule

Submit a progress report summarizing the progress in implementing the biannual collection system pipe rehabilitation and any other strategies to control sources such that compliance with the final dissolved selenium limitations may be attained.

09/30/2019

00899 Implementation Schedule

Submit a progress report summarizing the progress in implementing the biannual collection system pipe rehabilitation and any other strategies to control sources such that compliance with the final dissolved selenium limitations may be attained.

03/31/2020

CS017 Achieve Final Compliance with Emissions or Discharge Limits

Submit study results that show compliance has been attained with the final potentially dissolved selenium limitations.

06/30/2020

c. Activities to Meet Total Residual Chlorine Final Limits – In order to meet TRC limitations, the following schedule is included in the permit.

00899 Implementation Schedule

Submit a report summarizing the progress in implementing the strategies to control sources such that compliance with the final TRC limitations may be attained.

09/30/2018

CS017 Achieve Final Compliance with Emissions or Discharge Limits

Submit study results that show compliance has been attained with the final TRC limitations.

03/30/2019

Regulation 61.8(3)(n)(i) states that a report should be submitted to the Division no later than 14 calendar days following each date identified in the schedule of compliance. The 14 days have already been incorporated into the above dates and therefore all reports are due on or before the date listed in the table.

7. Pretreatment Program - Industrial Pretreatment Program - Contributing Industries and Pretreatment Requirements

a. The Permittee shall develop, implement, document and enforce an industrial pretreatment program (pretreatment program) in accordance with the General Pretreatment Regulations found in 40 CFR Part 403, the Colorado Pretreatment Regulations , Regulation 60 (5 CCR 1002-63) and the approved pretreatment program submitted by the Permittee. The pretreatment program was approved on September 10, 1985 and includes subsequent modifications approved by the Approval Authority. The permittee must continue to implement the pretreatment program as approved by the Approval Authority as a condition of this permit, including all approved modification thereto. The approved pretreatment program shall be implemented in a manner consistent with the following procedures, as required by 40 CFR Part 403:

i. In accordance with 40 CFR 122.44(j)(1), Identify, in terms of character and volume of pollutants, any Significant

Industrial Users discharging into the POTW subject to Pretreatment Standards under section 307(b) of CWA and 40 CFR part 403.

ii. Industrial user information shall be updated at a minimum of once per year or at that frequency necessary to ensure that all Industrial Users are properly permitted and/or controlled as necessary for the permittee to fully implement the pretreatment program. The records shall be maintained and updated as necessary;

iii. The Permittee shall sample and inspect each Significant Industrial User (SIU) at least once per calendar year. This is in addition to any industrial self-monitoring activities. If the Permittee performs sampling for any SIU and sampling results indicate a violation of any Pretreatment Standards or requirements, then the Permittee shall perform any repeat sampling and analysis within 30 calendar days of becoming aware of the violation, unless it notifies the User of the violation and requires the User to perform the repeat analysis;

iv. The Permittee shall evaluate whether each SIU needs a plan to control Slug Discharges. SIUs must be evaluated within 1 year of being designated an SIU. Where needed, the Permittee shall require the SIU to prepare or update, and then implement the plan. Where a slug prevention plan is required, the Permittee shall ensure that the plan contains at least the minimum required elements. If required, the Permittee shall incorporate slug control requirements into the control mechanism for the SIU;

v. The Permittee shall investigate instances of non-compliance with Pretreatment Standards and requirements indicated in required reports and notices or indicated by analysis, inspection, and surveillance activities.

vi. The Permittee shall enforce all applicable Pretreatment Standards and requirements and obtain remedies for noncompliance by any industrial user as defined in the permittee’s Enforcement Response Plan;

vii. The Permittee shall control, through the legal authority in the approved pretreatment program, the contribution to the

Publicly Owned Treatment Works (POTW) by each industrial user to ensure compliance with applicable Pretreatment Standards and requirements. In the case of industrial users identified as significant. This control shall be achieved through permit, order, or similar means and shall contain, at a minimum, the following conditions:

(A) Statement of duration (in no case more than five (5) years);

(B) Statement of non-transferability without, at a minimum, prior notification to the Permittee and provision of a copy of the existing control mechanism to the new owner or operator;

(C) Effluent limits, including Best Management Practices, based on applicable Pretreatment Standards, Categorical Pretreatment Standards, local limits, and State and local law;

(D) Self-monitoring, sampling, reporting, notification and record keeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type, including documentation on BMP compliance, based on the applicable Pretreatment Standards, Categorical Pretreatment Standards, local limits, and State and local law;

(E) Statement of applicable civil and criminal penalties for violation of Pretreatment Standards and requirements, and any applicable compliance schedule. Such schedules may not extend the compliance date beyond deadlines mandated by federal statute or regulation; and,

(F) Requirements to control Slug Discharges, if determined by the POTW to be necessary.

viii. The Permittee shall provide adequate staff, equipment, and support capabilities to carry out all elements of the pretreatment program;

ix. The approved program shall not be substantially modified by the Permittee without the approval of the EPA.

Substantial and non-substantial modifications shall follow the procedures outlined in 40 CFR 403.18. A copy any submittals required by 40 CFR 403.18 shall be provided to the Division at the time of submittal to the Approval Authority;

x. The Permittee shall develop, implement, and maintain an Enforcement Response Plan;

xi. The Permittee shall develop and implement procedures for determination and documentation of instances of

Significant Non-Compliance as defined at 40 CFR Section 403.8(f)(2)(viii)(A-H;

xii. The Permittee shall notify all Industrial Users of the users' obligations to comply with applicable requirements under Subtitles C and D of the Resource Conservation and Recovery Act (RCRA); and

xiii. The Permittee shall establish, where necessary, legally binding agreements with contributing jurisdictions to ensure compliance with applicable Pretreatment requirements by industrial users within these jurisdictions. These legally binding agreements must identify the agency responsible for the Pretreatment implementation and enforcement activities in the contributing jurisdictions and outline the specific roles, responsibilities and pretreatment activities of each jurisdiction.

b. The Permittee shall prohibit the introduction of the following pollutants into the POTW:

i. Any pollutant which may cause Pass Through or Interference;

ii. Pollutants which create a fire or explosion hazard in the publicly owned treatment works (POTW), including, but not limited to, wastestreams with a closed cup flashpoint of less than sixty (60) degrees Centigrade (140 degrees Fahrenheit) using the test methods specified in 40 CFR 261.21;

iii. Pollutants which will cause corrosive structural damage to the POTW, but in no case discharges with pH lower than

5.0, unless the works are specifically designed to accommodate such discharges;

iv. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW, or other interference with the operation of the POTW;

v. Any pollutant, including oxygen demanding pollutants (e.g., BOD), released in a discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW;

vi. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference but in no case heat in such quantities that the temperature at the POTW treatment plant exceeds forty (40) degrees Centigrade (104 degrees Fahrenheit) unless the Approval Authority, upon request of the POTW, approves alternate temperature limits;

vii. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause

Interference or Pass Through;

viii. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;

ix. Any trucked or hauled pollutants, except at discharge points designated by the POTW; and,

x. Any specific pollutant that exceeds a local limitation established by the POTW in accordance with the requirements of 40 CFR 403.5(c) and (d).

c. The Permittee shall establish and enforce specific local limits to implement the general and specific prohibitions found in 40 CFR 403.5(a) and (b). The Permittee shall continue to develop these limits as necessary and effectively enforce such limits. Where the Permittee determines that revised or new local limits are necessary, the Permittee shall submit the proposed local limits to the Approval Authority in an approvable form in accordance with 40 CFR 403.18.

In accordance with 40 CFR 122.44(j)(2)(ii), the permittee shall submit to the Division and Approval Authority a technical evaluation of the need to revise or develop local limits in accordance with 40 CFR 403.5(c) and a local limits package if a technical evaluation reveals that development or revision of local limits is necessary, by September 1, 2016. The evaluation shall include, but not be limited to, a consideration of any new or revised numeric and practice-based effluent limits in this permit.

d. The Permittee shall analyze the treatment facility influent and effluent for the presence of the toxic pollutants listed in

40 CFR Part 122 Appendix D (NPDES Application Testing Requirements) Table II at least 1 time per year and the toxic pollutants in Table III at least 4 times per year. If, based upon information available to the Permittee, there is reason to suspect the presence of any toxic or hazardous pollutant listed in Table V, or any other pollutant in a quantity or concentration known or suspected to adversely affect POTW operation, receiving water quality, or solids disposal procedures, analysis for those pollutants shall be performed at least 4 times per year on both the influent and the effluent.

i. Along with the Permittee's pretreatment annual report, the Permittee will submit a list of compounds included in Table V that are suspected or known to be present in its influent wastewater and any other pollutant monitored in accordance with 7.d based on being known or suspected to adversely affect POTW operation, receiving water quality, or solids disposal procedures. This determination shall be based on a review of the Permittee's effluent monitoring data and pretreatment program records. The state permitting authority and/or Approval Authority may review and comment on the list and the list may be revised if, in the opinion of the state permitting authority and/or Approval Authority, the list is incomplete. Analysis for the revised list of compounds and pollutants for which there are acceptable testing procedures shall be performed at least 4 times per year on both the influent and the effluent.

ii. Where the pollutants monitored in accordance with this section are reported as being above the method detection limit, the results for these pollutants shall be reported in the Permittee's pretreatment annual report, if required by

EPA.

e. The Permittee shall analyze the treatment facility sludge (biosolids) prior to beneficial reuse, for the presence of toxic pollutants listed in 40 CFR 122 Appendix D (NPDES Application Testing…