(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:
Maintains a qualified permit compliance manager in accordance with the CDPS storm water construction permit and the administrator's written policies;
Maintains complete and updated permit documentation available for inspection atthe permitted facility;
Completes established minimum requirements for training to maintain permit compliance manager status; and
Complies with all applicable terms and conditions required by any MS4 permitteewith 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:
The adequacy of implementation of each aspect of the administrator's storm watermanagement systems;
The adequacy of the SWMP in meeting all applicable permit requirements defined inthis part 8; and
The adequacy of each storm water management practice used to implement the
SWMP.
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;
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;
The applicant maintains an advisory board that meets regularly, but not less thanquarterly, and such meetings are open to the public; and
The applicant has a written storm water management program that includes:
An organizational chart defining relationships among stakeholders, including the roles and responsibilities of each;
Advisory board make-up and associated policies and procedures;
Participant policies and procedures, including performance standards and measurement methodology;
Third-party auditor policies and procedures; and
Other policies and procedures the division may require to demonstrate a completeand functional program.
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.
A storm water management system administrator shall provide to the division on atleast 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.
To the extent permitted by federal law, the division may reduce compliance oversightactivities 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.
The division may revoke the designation of an administrator for evidence of repeatedfailure to meet the requirements of this part 8.
The disclosure of any information related to a participant's third-party audit to anadministrator is not a disclosure under section 25-1-114.5.
Participation in a storm water management system administrator program by a holderof 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.
The administrator may work with the division to establish reporting requirementsacceptable 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.
Source: L. 2011: Entire part added, (HB 11-1026), ch. 159, p. 547, § 1, effective August 10.