Water is always a
RESOURCE!

Industrial Water
Permitting and Recycling
Consultants, LLC

Groundwater and Land Application

As discussed under PERMITTING,  authority for regulating discharges to groundwater and to land are delegated among implementing agencies by the Water Quality Control Commission (WQCC).  Any of these discharges that are not under the responsibilities of any of the implementing agencies, by default, are the responsibility of the Water Quality Control Division (WQCD).

An introduction to this regulatory framework is profiled below. Basically, each implementing agency can develop separate regulations to address releases to groundwater from unlined ponds and releases to land. Because of the diversity of these sets of regulations, specific details are not provided here.  However,  a few key points are noted for four of the agencies. 

Colorado Oil and Gas Conservation Commission  (COGCC)

COGCC is the only Colorado agency authorized to permit injection wells under the federal Safe Drinking Water Act. Specifically, EPA delegated the program for UIC Class II (petroluem –related) wells to COGCC.

Activity

Discharge Type

Description

Groundwater

Land Application

Oil and Gas Activities

x

 Discharge from Unlined Pond

x

 Discharge from Injection Well
 

x

 Land Application of Discharge

 

Division of Reclamation Mining, and Safety (DRMS)

The Division of Reclamation, Mining, and Safety (DRMS) administers two programs that deal with releases of industrial water.

 

Office of Mined Land Reclamation which issues mining and reclamation permits from the
Minerals Program (Hard Rock/Metal Mining) or from
the Coal Program.
Office of Active and Inactive Mines reclaims and safeguards abandoned mine sites that are
dangerous and create environmental hazards.

 

Activity

Discharge Type

Description

Groundwater

Land Application

Mining Activities

x

 Discharge from Unlined Pond
 

x

 Land Application of Discharge

 

Division of Oil and Public Safety  (OPS)

 The Division of Oil and Public Safety (OPS) contains two operations that involve industrial water management-

 

Remediation Section regulates the assessment and remediation of petroleum releases at contaminated sites
Petroleum Brownfields Program promotes environmental protection, provide benefits, create jobs and support community revitalization  through assessment, cleanup, and reuse of abandoned and  underutilized petroleum storage and dispensing sites.

 

OPS requires dischargers to comply with the following guidance; otherwise, these entities  are required to obtain discharge permits from WQCD.

Activity

Description

Remediation of Petroleum Contamination Guidance Protocol for Land Application of Purged Groundwater If the purged water does not exceed water-quality standards for groundwater and a number of Best Management Practices (BMPs) are implemented, then this release can occur without the need for a permit.

 

Hazardous Materials and Waste Management Division (HMWMD)

Since Colorado’s definition of solid waste is all inclusive and can be interpreted to include all liquid industrial waters, there can be some public confusion about whether WQCD or HMWMD is the appropriate agency to regulate a specific discharge to groundwater or to land. To improve the mutual understanding this issue, the agencies prepared an explanation in 2011 internal memorandum. However, some areas may persist and dischargers should contact the appropriate agency, as early as possible in their planning process.

Activity

Discharge Type

Description

Groundwater

Land Application

Remediation of Non-Petroleum Contamination

x

 Discharge from Unlined Pond

x

 Land Application of Discharge
Solid Waste Activities

x

 Discharge from Unlined Pond

x

 Land Application of Discharge

 

Water Quality Control Division (WQCD)

Limited options are provided for discharges to groundwaters or to land. The basic choice is to obtain an individual discharge permit, which can be time consuming.

Activity

Permit Type

Description

General

Individual

Other Commercial or Industrial Activities COG316000 Remediation Activities Discharging to Land
  CO-xxxxxx Industrial discharges to Groundwater or Land Application
Nutrient Management Plan A Nutrient management Plan is prepared and implemented to minimize the release of nutrients to local groundwater from Animal/Livestock operations
Low Risk Discharge Guidance Uncontaminated Groundwater Discharges to Ground
Surface Cosmetic Power-washing Operations – Discharges to Land