C.R.S. Section 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.

Source: Section 25-8-802 — Storm water management system administrator, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-25.­pdf (accessed Oct. 20, 2023).

25‑8‑101
Short title
25‑8‑102
Legislative declaration
25‑8‑103
Definitions
25‑8‑104
Interpretation and construction of water quality provisions
25‑8‑105
Regional wastewater management plans - amendments
25‑8‑201
Water quality control commission created
25‑8‑202
Duties of commission - rules
25‑8‑203
Classification of state waters
25‑8‑204
Water quality standards
25‑8‑205
Control regulations
25‑8‑205.3
Exemption from control regulations for graywater research - definition
25‑8‑205.5
Pollution from agricultural chemicals - rules
25‑8‑205.7
Control regulations for reuse of reclaimed domestic wastewater - food crops - definitions - rules
25‑8‑205.8
Control regulations for reuse of reclaimed domestic wastewater - toilet flushing - definitions - rules
25‑8‑205.9
Control regulations for reuse of reclaimed domestic wastewater - industrial hemp - definitions - rules
25‑8‑206
Prior acts validated
25‑8‑207
Review of classifications and standards
25‑8‑208
Emergency rule-making
25‑8‑209
Water quality designations - rules
25‑8‑210
Fees established administratively - rules - stakeholding requirement - phase-in period - clean water cash fund - creation - repeal
25‑8‑301
Administration of water quality control programs
25‑8‑302
Duties of division
25‑8‑303
Monitoring
25‑8‑304
Monitoring, recording, and reporting
25‑8‑305
Annual report - repeal
25‑8‑306
Authority to enter and inspect premises and records
25‑8‑307
Emergencies
25‑8‑308
Additional authority and duties of division - penalties
25‑8‑310
Education program - storm water
25‑8‑401
Authority and procedures for hearings
25‑8‑402
Procedures to be followed in classifying state waters and setting standards and control regulations
25‑8‑403
Administrative reconsideration
25‑8‑404
Judicial review
25‑8‑405
Samples - secret processes
25‑8‑406
Administrative stays - renewal permits
25‑8‑501
Permits required for discharge of pollutants - administration
25‑8‑501.1
Permit required for point source water pollution control - definitions - housed commercial swine feeding operations - legislative declaration
25‑8‑502
Application - definitions - fees - funds created - public participation - repeal
25‑8‑503
Permits - when required and when prohibited - variances
25‑8‑503.5
General permits - process for changing permit requirements
25‑8‑504
Agricultural wastes
25‑8‑505
Permit conditions concerning publicly owned wastewater treatment works
25‑8‑507
Program repeal
25‑8‑508
Industrial pretreatment program - creation - fees
25‑8‑509
Permit conditions concerning use and disposal of biosolids
25‑8‑601
Division to be notified of suspected violations and accidental discharges - penalty
25‑8‑602
Notice of alleged violations
25‑8‑603
Hearing procedures for alleged violations
25‑8‑604
Suspension, modification, and revocation of permit
25‑8‑605
Cease-and-desist orders
25‑8‑606
Clean-up orders
25‑8‑607
Restraining orders and injunctions
25‑8‑608
Civil penalties - rules - fund created - temporary moratorium on penalties for minor violations - definitions - repeal
25‑8‑608.7
Natural disaster grant fund - creation - rules
25‑8‑609
Criminal pollution - penalties
25‑8‑610
Falsification and tampering - penalties
25‑8‑611
Proceedings by other parties
25‑8‑612
Remedies cumulative
25‑8‑613
Limitation on actions
25‑8‑701
Definitions
25‑8‑702
Approval for commencement of construction
25‑8‑801
Definitions
25‑8‑802
Storm water management system administrator
25‑8‑803
Storm water management system administrator audits to support MS4 permittees’ programs
25‑8‑901
Definitions
25‑8‑902
School and child care clean drinking water fund - creation
25‑8‑903
Testing for the presence of lead in drinking water in child care centers, family child care homes, and eligible schools - remediation - maintenance of records - training - inspections - enforcement - reimbursement - technical assistance - exemptions - opt out by family child care home - reports
25‑8‑904
Report and recommendation regarding expansion required - legislative declaration
25‑8‑905
Repeal of part
25‑8‑1001
Definitions
25‑8‑1002
Division duties - testing water quality at mobile home parks - parameters of testing - notice of results
25‑8‑1003
Remediation
25‑8‑1004
Action plan
25‑8‑1005
Mobile home water quality grant program - created - grant application and award process - reporting - funding
25‑8‑1006
Mobile home park water quality fund
25‑8‑1007
Enforcement
25‑8‑1008
This part 10 does not affect other statutory protections
Green check means up to date. Up to date

Current through Fall 2024

§ 25-8-802’s source at colorado​.gov