General permits - process for changing permit requirements.

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(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:

  1. Prepare a statement of basis and purpose explaining the need for the proposed requirements;

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

  3. Before implementing the proposed requirements, provide public notice of, and consider comments received from affected parties about, the proposed requirements; and

  4. Upon request by an affected party, consider and give due weight to a cost-benefitanalysis:

  1. Received by the division during the comment phase set forth in paragraph (c) of thissubsection (1);

  2. Concerning one or more proposed requirements that are not already required by federal or state statute or rule;

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

  4. Paid for by the affected party.

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

  2. 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.

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


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