Colorado § 25-8-503.5 - General permits - process for changing permit requirements.

§ 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:

(a) Prepare a statement of basis and purpose explaining the need for the proposed requirements;

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

(c) Before implementing the proposed requirements, provide public notice of, and consider comments received from affected parties about, the proposed requirements; and

(d) Upon request by an affected party, consider and give due weight to a cost-benefit analysis:

(I) Received by the division during the comment phase set forth in paragraph (c) of this subsection (1);

(II) Concerning one or more proposed requirements that are not already required by federal or state statute or rule;

(III) 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

(IV) 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.

ANNOTATION

By referring to § 24-4-105 in subsection (3) of this section, the general assembly mandated an administrative hearing for parties challenging general permits issued by the division before seeking judicial review. The use of the word "may" in subsection (3) created an avenue by which a party could seek an administrative appeal by requesting a hearing under § 24-4-105, but the statute's permissive language did not eliminate the party's obligation to exhaust that administrative remedy before filing its complaint for judicial review in the district court. Stormwater Council v. Water Quality Control, 2023 COA 11, 529 P.3d 134.