Slide 1
INDUSTRIAL WATER AND WASTEWATER PERMITTING IN COLORADO
Rocky Mountain Water Environmental Association
6th Annual POW Industrial Wastewater Treatment Seminar
March 29, 2013 Golden, Colorado
Gary Beers, Principal
Industrial Water Permitting
and Recycling Consultants
Release to
surface water
Release to
land
Release to
ground water
Slide 2
The industrial water or industrial
wastewater management process
starts here….
Just follow the arrows and the
pathways to permitting for releases
to the environment are obvious
Slide 3
Key Terms
Domestic Sources
Non-domestic Sources
Industrial or Commercial Activities
Simple activity with
minimal treatment
Release of water to
the environment
Domestic
Wastewater
Industrial Water
(Process Water)
Complex activity with
substantial treatment
Release of water
the environment
Industrial Wastewater
Slide 4
Delegation of Water Authorities
Clean Water Act
(1972)
Environmental Protection Agency
National Discharge Pollution Elimination System (NPDES)
( except for federal facilities and tribal lands)
Delegated to Colorado on March 27, 1975
Colorado Water Quality
Control Act (1966)
Colorado Water Quality Control Commission
Implementation - Water Quality Control Division
Releases to
Ground water
Releases to
surface water
Slide 5
Delegation of National Discharge Elimination System (NPDES ) Components
POINT SOURCE
DISCHARGE
Type
Municipal
Facilities
Industrial
Facilities
Federal
Facilities
and
Tribal
Lands
Agricultural
Operations
Treated Effluent
Stormwater
Reclaimed Water
Biosolids
Pretreatment
Treated Effluent
Outfall
UIC Well
Oil/Gas
Other
Non-UIC Well or Pond
Stormwater
Oil/Gas
Non-Oil/Gas
Reclaimed Water (Reuse)
Residuals
Treated Effluent
Stormwater
Reclaimed Water (Reuse)
Biosolids
Residuals
Return
Flow
Confined Animal Operations (CAFO)
(livestock)
Destination
Surface Water
Groundwater
Surface Water
Land
Land
WWTF
Surface Water
Groundwater
Groundwater
Groundwater
Surface Water
Surface Water
Land
Land
Surface Water
Groundwater
Surface Water
Land
Land
Land
Surface Water
Groundwater
Surface Water
Groundwater
NPDES COMPONENT
DELEGATED ?
STATE-ONLY
PROGRAM ?
YES
--YES
--NO
NO
YES
YES
NO
--YES
YES
----NO
--NO
--NO
NO
EXEMPT
EXEMPT
YES
YES
NO
YES
NO
YES
SHARED
SHARED
NO
NO
--YES
NO
NO
YES
YES
--YES
--YES
----EXEMPT
EXEMPT
NO
NO
Slide 6
Implementation of Senate Bill 89-181
Subsection 25-8-202(7) of the 1989 amendments to the state Water Quality Control Act (SB 181) restates
and clarifies existing law, and provides a procedure for coordination between state agencies vested with
responsibilities to implement water-quality protection of state waters.
Key among the provisions is the requirement that the Water Quality Control Commission (WQCC) and the
Water Quality Control Division (WQCD) recognize the water-quality responsibilities of the following
entities, referred to in the subsection as the “implementing agencies”:
Division of Reclamation, Mining, and Safety (DRMS)
State Engineer
Colorado Oil and Gas Conservation Commission
Division of Oil and Public Safety (Oil Inspector)
and the state agency responsible for activities related to the federal “Resource Conservation and Recovery
Act of 1975” as amended. Currently, this is the Hazardous Material and Waste Management Division
located in the Colorado Department of Public Health and Environment.
The WQCC is to remain solely responsible for the adoption of water quality standards and classifications for
state waters. Each implementing agency is to apply these water quality standards and classifications adopted
by the WQCC through their own programs after consultation with the WQCC and the WQCD. Generally,
application of the standards and classifications would be limited to nonpoint surface discharges and to subsurface discharges as the WQCD remains solely responsible for the issuance and enforcement of
permits for point-source discharges into state surface waters. The implementing agencies are to specify
applicable points of compliance for groundwater discharges. The points of compliance are to be adopted in
accordance with criteria established through public rulemaking following consultation with the WQCC and
the WQCD.
WQCD and Implementing State Agencies
Industrial
Water
Activity
EPA
Region 8
Colorado Agency
Department
of
Natural Resources
Department
of
Health and Environment
Water
Quality Control
Division
Hazardous
Materials and
Waste
Management
Division
Oil
and
Gas Conservation
Commission
Division
of Reclamation
Mining and
Safety
Division
of
Water
Resources
Slide 7
Department
of
Labor and
Employment
Department of
Agriculture
Division
of
Oil
and Public Safety
Inspection
and
Customer
Services Division
Permitting : Discharges to Surface Water
Federal Facilities
X
Tribal Facilities
X
Other Facilities
X
X
Permitting : Underground Injection Wells
Oil/Gas Facilities
Other Facilities
X
X
Permitting : Discharges to Ground Water or Land (Implementing Agencies)
Hazardous Waste
X
Solid Waste
X
Oil/Gas
X
Mining
X
Underground Tanks
X
Livestock Feedlots
X
Other
X
Recycling
Recycling
Beneficial Use
Commercial Product
X
X
X
X
X
X
X
X
Slide 8
TYPES OF PERMITS ISSUED BY WQCD’S PERMITS SECTION
TYPE
SECTOR
NAME
Name
Individual
Permit
Domestic
Commerce and Industry
Sewage
Systems
Construction
MS4
Authorization
CO-----------
Ground Water
Industrial
General
Permit
Surface Water Discharge
Number
Reclaimed Water
Surface Water Discharge
CO-----------
Ground Water
CO-----------
Aquatic Animal Production
Commercial Washing Outdoor Structures
Coal Mining Process Water and Stormwater
Hydrostatic Testing of Pipelines, etc
Metal Mining Industry Stormwater
Non-Contact Cooling Water
Non-Extractive Industries Stormwater
TOTAL
COG130000
COG607000
COG850000
COG604000
COR040000
COG605000
COR900000
NoExposure Exclusion Stormwater
CONOX000
Pesticides Application
Produced Water Treatment Facilities
Sand & Gravel Mining Wastewater/Stormwater
Sand & Gravel Mining Processing Stormwater
Subterranean Dewatering & Well Development
Water Treatment Plant Wastewater Discharge
Domestic WWTF with Chronic Low Flow
Domestic Wastewater Treatment Facilities
Domestic Septic Treatment Systems
Domestic On-site Systems ISDS
Domestic On-site Systems ISDS – No Wells
Domestic Lagoon Systems
Domestic Discharge Land Disposal
Domestic Discharge Land Treatment
Domestic Discharge Land Treatment Ag Rate
Construction Dewatering
Remediation Discharges to Surface Water
Remediation Discharges to Ground Water
Stormwater Construction
MS4 Cherry Creek Reservoir Basin
MS4 Non-Standard
MS4 Standard
COG860000
COG840000
COG500000
COG340000
COG603000
COG641000
COG588000
COG589000
COX620000
COX621000
COX622000
COX630000
COX631000
COX632000
COX633000
COG070000
COG315000
COG316000
COR030000
COR080000
COR070000
COR090000
TOTAL
COE000000
COE000000
TOTAL
Treaters
Users
NUMBER
ISSUED
(9,916)
230
100
90
10
430
13
8
4
31
100
17
900
183
1,200
3
32
200
48
13
67
30
15
38
32
28
35
32
3
569
28
21
3,723
116
5
20
8,476
24
266
290
Industrial Water or Wastewater can be
Released Under Other Regulatory Frameworks
Slide 9
Industrial water or
wastewater
Traditional
Framework
Management and
release to the
environment as a
unwanted material.
(Negative value)
Recyclable
Product
Framework
Commercial
Product
Framework
Management and
release to the
environment as a
material with a
beneficial use.
Management and
release to the
environment as a
new product.
(Positive value)
(Positive Value)
Solid Waste and
Materials Handling
Program
(CDPHE)
Fertilizer and Soil Conditioner
Fertilizer Program
(Colorado Department
of Agriculture)
Slide 10
Two Examples
Construction Dewatering Project
Oil/Gas Produced Water Project
Slide 11
Construction Dewatering Project
Sequence
Option B is chosen over Option A2, but there
will still be a high cost for hauling water.
After some discussions to explore other
options, a beneficial use was decided upon
and implemented.
Option A2
Transport 5
miles but no
treatment
Option A1
Treat and
discharge
to stream
water
release
options
(8 mg/l)
excavation with
entrance of ground
water
soils for
construction
Bridge Construction Site
Option B
Beneficial use to
add moisture to soil
for construction use
Slide 12
Changes In Regulatory Status Of E&P Waste
Handled in compliance with COGCC Regulations
E&P WASTE
Release from permitted outfall (WQCD)
BECOMES STATE WATERS
Enters commercial facility (Solid Waste, EPA)
BECOMES INDUSTRIAL WATER
E&P
Waste
Release for ‘beneficial’ use (Solid Waste)
BECOMES INDUSTRIAL WATER
Slide 13
Changes In Regulatory Status Of E&P Waste
With Potential Liability Considerations
Handled in compliance with COGCC Regulations
E&P WASTE
Exempt from RCRA, under company control
Release from permitted outfall (WQCD)
E&P
Waste
BECOMES STATE WATERS
“Permit as a shield” to liability
Enters commercial facility (Solid Waste)
BECOMES INDUSTRIAL WATER
“Permit as a shield” to liability
Exposure may result if facility abandoned
Release for ‘beneficial’ use (Solid Waste)
Exempt from RCRA and CERLA
Exposure may result from 3rd party use
BECOMES INDUSTRIAL WATER
Slide 14
Use Of Produced Water As Dust Suppressant
Disposal or Reuse ?
Produced
Water
DISPOSAL
(COGCC Regulations)
REUSE
(Solid Waste Regulations)
E&P Waste
Industrial Water
Centralized Disposal Facility
Commercial Disposal or Recycling Facility
E&P waste meets water-quality
requirements, application rate
does not generate runoff, and
Total Dissolved Solids (TDS) is
less than 3,500mg/l.
Industrial water from facility essentially
meets water-quality requirements,
application rate does not generate runoff,
and Total Dissolved Solids concentration
is sufficient to perform as a commercial
dust suppressant under local road
department practices. For example, TDS
levels in 100,000 to 400,000 range with
chloride levels of at least 80,000 mg/l.
Slide 15
Thank you
Questions