§ 25-8-503.5. General Permits – Process for Changing Permit Requirements

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-benefit analysis:
      1. Received by the division during the comment phase set forth in paragraph (c) of this subsection (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 by the division in consultation with representatives of the industries that are subject to general permitting; and
      4. Paid for by the affected party.
2. Nothing in subsection (1) of this section confers rule-making authority on the division.
3. 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.