ENVIRONMENTAL PROTECTION AGENCY
          WATER QUALITY INVESTIGATIONS
                    IN THE
           SOUTH PLATTE RIVER BASIN
                     1971
Division of Field Investigations - Denver Center

            Denver, Colorado  80225

                  June, 1971

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                            TABLE OF CONTENTS


                                                                 Page

I    INTRODUCTION .	1-1

II   APPLICABLE WATER QUALITY REGULATIONS FOR POLLUTION CONTROL,
     SOUTH PLATTE RIVER BASIN 	  II-l
        Water Quality Standards 	  II-l
        The Rivers and Harbors Act of 1899	II-3
        Water Quality Improvement Act of 1970	II-A

III  BACKGROUND INFORMATION ON ENFORCEMENT CONFERENCE ACTIVITIES,
     SOUTH PLATTE RIVER BASIN 	  III-l
        First Session of the South Platte River Basin
        Enforcement Conference  	  III-I
        Second Session of the South Platte River Basin
        Enforcement Conference  	  III-2

IV   STUDY PHASES FOR WATER QUALITY INVESTIGATIONS  	  IV-1
        Phase I - Municipal and Industrial Waste Source
                  Evaluations . . . . '	IV-1
        Phase II - Stream Surveys	IV-3
        Phase III - Sugar Beet Mill Waste Source Evaluations   .'  IV-4

Appendix A  Water Quality Standards for Colorado

Appendix B  Rivers and Harbors Act of 1899

Appendix C  Executive Order 11574
            Administration of the Refuse Act Program
                                                    >«..
Appendix D  Discharge of Oil (Code of Federal Regulations, Title 18,
            Chapter V, Part 610)

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                             I  INTRODUCTION





     On October 29, 1963, the first session of the Conference in the




Hatter of Pollution of the South Platte River Basin was held in Denver,




Colorado.  As a result of this Conference, the Public Health Service,




Department of Health, Education and Welfare, was requested to under-




take a joint study with the State of Colorado to determine:




     1.  The legitimate water uses and the location of the sources




         of pollution having an adverse effect on those uses.




     2.  The impact of pollution in water quality conditions of the




         South Platte River and its tributaries.




     3.  The water pollution control measures necessary to improve




         and/or protect water quality.




     To carry out the joint study, the South Platte River Basin Project




was founded in late 1963.  A discussion of the recommendations of the




project to the second session of the Conference held on April 27-28, 1966




(Reconvened on November 10, 1966), and the actions of the Conferees on




these recommendations are contained herein.




     Since the second session of the Conference, numerous pollution control




measures have been taken to comply with water quality standards and enforce-




ment recommendations through the efforts of the State and local regulatory




agencies.  To ascertain improvement in water quality accomplished to date,




and the status of compliance with Conference Recommendations, the Regional



Director, Federal Water Quality Administration, Missouri Basin Region,




requested the Division of Field Investigations - Denver Center (DFI-DC) to




conduct studies of water quality conditions in the South Platte River Basin.

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                                                                  1-2
With the formation of the Environmental Protection Agency (EPA) and transfer




of Federal Water Quality Administration functions to EPA, the responsibility




for program activity in Colorado was transferred to the new regional office




in Denver.  That office concurred in the original request and subsequently




requested the DFI-DC to also perform municipal and industrial waste source




evaluations in the South Platte River Basin.




     Pursuant to the above requests, the DFI-DC is planning water quality




studies with the follovring primary objectives.




     1.  To define present water quality conditions in the South Platte




         River Basin.




     2.  To evaluate compliance with recommendations of the Conference in



         the Matter of Pollution of the South Platte River Basin.




     3.  To evaluate the water quality enhancement that has been achieved




         since 1966 by completion of recommended water pollution control




         measures.




     4.  To evaluate the adequacy of existing municipal and industrial




         waste treatment facilities as defined by treatment efficiencies




         and/or waste loads discharged.




     5.  To evaluate compliance with applicable Federal and State water




         quality standards.




     6.  To assess the impact of mine drainage pollution in the Clear




         Creek drainage area.




     Three major areas of the South Platte River Basin have been selected




for the water quality studies and waste source evaluations:



     1.  The South Platte River from above Littleton to the mouth of




         St. Vrain Creek including Bear Creek below Evergreen, Cherry Creek

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                                                                  1-3
         below the Cherry Creek Reservoir, Clear Creek from just above




         Golden, and the lower portion of Sand Creek.




     2.  The South Platte River and its tributaries from the mouth of




         St. Vrain Creek to the Narrows Reservoir site including St. Vrain




         Creek below Lpngmont, Boulder Creek below Boulder, the Little




         Thompson River below Johnstown, the Big Thompson River below




         Loveland, the Cache La Foudre River, below Fort Collins.




     3.  The South Flatte River from just above Fort Morgan to the




         Nebraska State line.




     Stream samples will be collected at selected locations to ascertain




the impact of waste discharges on water quality.  Biological conditions



will be determined in the streams during this same time period.




     Present plans call for the study to be conducted in three phases.




     1.  Municipal and Industrial Waste Source Evaluations (exclusive of




         sugar beet mills) to commence about mid-July.




     2.  Stream Surveys to Evaluate Chemical, Physical, and Biological




         Conditions.  This phase will commence in September.




     3.  Sugar Beet Mill Waste Source Evaluations including stream surveys




         to assess water quality impact.  This phase will commence the




         first part of December.




Additional details on the above are contained in this report.




     Personnel of DFI-DC are working with State and local pollution control




authorities to determine the current status of pollution abatement at




municipal and industrial waste sources.  Lists of those municipal and




industrial sources which will be evaluated for adequacy of treatment are




being prepared.

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                II  APPLICABLE WATER QUALITY REGULATIONS
             FOR POLLUTION CONTROL, SOUTH PLATTE RIVER BASIN

     The South Platte River is an interstate stream, flowing from
Colorado into Nebraska.  Water quality must meet Federal-State water
quality standards established in accordance with the Federal Water
Pollution Control Act as amended by the Water Quality Act of 1965
(33 U.S.C. 466 et scq.).  The South Platte River is also a navigable
stream.  Discharges of industrial wastes to navigable waters or their
tributaries must comply with the requirements of the Rivers and Harbors
Act of 1899 (33 U.S.C. 401-413).  The Water Quality Improvement Act of
1970 (33 U.S.C. 466 h-1) establishes regulations on discharges of oil
to navigable waters.  A Federal-State Enforcement Conference was held
to consider pollution problems in the South Platte River Basin and to
develop implementation schedules for abatement of such pollution.
Sources of pollution which degrade water quality in the Basin are also
subject to the recommendations of the Conference (Section III discusses
the Enforcement Conference activities).

     WATER QUALITY STANDARDS
          Water quality standards applicable to the South Platte River
and its tributaries were established in June 1967 by the Colorado Water
Pollution Control Commission in accordance with provisions of the Federal
Water Pollution Control Act as amended.  These standards, as amended
in May 1968, were subsequently approved as Federal standards by the
Secretary of the Interior in October 1968, subject to several exceptions.
Revisions were made by the Colorado Water Pollution Commission in June

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                                                                     11-2






and October 1970, to upgrade the standards and remove the exceptions.




The revised standards have been fully approved as Federal standards.




     The approved standards consist of three components:  (1) stream




classifications which designate water uses to be protected, (2) water




quality criteria which specify water quality conditions which must be




maintained, and (3) an implementation plan which establishes time




schedules for providing adequate treatment or control facilities for




all sources of pollution.




     Water uses which are to be protected in various reaches of Basin




streams include public water supply, cold water fisheries, warm water




fisheries, body contact recreation, industrial water use, irrigation




supply and stock watering.  Detailed classifications of Basin streams



are listed in Appendix A, Table A-l.




     Both the classifications contained in the original water quality




standards established in 1967 and revised classifications established in




1970 are presented in Table A-l for comparative purposes.  The 1970




revisions substantially upgraded the classifications of the South Platte




River in the vicinity of Denver.  A 13-mile reach of the River extending




upstream from Exposition Avenue in southwestern Denver to Brush Creek




near Waterton was upgraded from warm water fishery to cold water fishery




uses.  An eight-mile  reach of the river extending from Exposition Avenue




to York Street near the mouth of Sand Creek in Commerce City was classi-




fied for warm water fishery uses.  This latter action resulted in sub-




stantial upgrading of water quality requirements for the South Platte




River within the Denver Metropolitan Area.




     Two types of water quality criteria have been established which arc

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                                                                     II-3
applicable to Basin waters.  Basic standards which specify waste treatment




requirements, limits on radioactive materials, and the "four freedoms",




are applicable to all waters of the Basin (Appendix A).  Secondary treat-




ment with disinfection, or its industrial equivalent, is required for all




controllable waste discharges.  Colorado defines secondary treatment as a




minimum of 80 percent removal of the biochemical oxygen demand.




     Specific numerical criteria which set limits on various water con-




stituents are applicable to the stream reaches which have been classified.




These specific criteria differ between water uses (Appendix A).




     A majority of the waste sources in the Basin have completed adequate




pollution control facilities as specified in the implementation plan.





     THE RIVERS AND HARBORS ACT OF 1899




          The Rivers and Harbors Act of 1899 prohibits the discharge of




industrial wastes to navigable waters without a permit from the U. S.




Army Corps of Engineers.  Section 407 of the Act, referred to as the




Refuse Act of 1899, makes it unlawful to discharge from any "...manu-



facturing establishment, or mill of any kind, any refuse matter of any




kind or description whatever other than that flowing from streets and




sewers and passing therefrom in a liquid state, into any navigable water




of the United States, or into any tributary of any navigable water from




which the same shall float or be washed into such navigable water..."




provided that a discharge may be permitted under certain conditions




specified by the Corps of Engineers.




     Executive Order No. 11574, signed by President Nixon on December 23,




1970, tightens enforcement of the Refuse Act of 1899 by requiring that

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                                                                   II-4
all sources of industrial wastes discharging  to navigable waters or  their




tributaries must apply to the Corps of Engineers  for permits  to continue




such discharges.  The Rivers and Harbors Act  of 1899 and Executive Order



No. llJ'/4 arc rc.produciul in Appr.ndtcc.'i It and  Ct rc:;puctlvuly .
     WATER QUALITY II-IPROVEMENT ACT OF 1970




          Federal rules regulating the discharge of oil to navigable




waters were established on September 11, 1970, pursuant to the provisions




of Section 11 (b) (3) of the Federal Water Pollution Control Act, as




amended by the Water Quality Improvement Act of 1970.  These rules




prohibit discharges of oil to navigable waters from any source which:




          "(a)  Violate applicable water quality standards, or



           (b)  Cause a film or sheen upon or discoloration of the




                surface of the water or adjoining shorelines or cause




                a sludge or emulsion to be deposited beneath the sur-




                face of the water or upon adjoining shorelines".




     The complete set of rules is reproduced in Appendix D.

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    Ill  BACKGROUND INFORMATION ON ENFORCEMENT CONFERENCE ACTIVITIES,
                        SOUTH PLATTE RIVER BASIN

FIRST SESSION OF THE SOUTH PLATTE RIVER BASIN ENFORCEMENT CONFERENCE
     The First Session of the Conference in the Matter of Pollution of the
South Flatte River Basin (Colorado) was called by the Secretary of Health,
Education, and Welfare, at the request of the Governor John A.  Love of
Colorado.  The Conference was held in Denver, Colorado, on October 29, 1963.
At that time, the critical water pollution problems in the Basin were'out-
lined.  These problems included a lack of adequate treatment for municipal
and industrial waste sources which had resulted in bacterial contamination
of surface streamflow and irrigation supplies, creation of high levels of
organic loading in some stream reaches reflected by large increases in
biochemical oxygen demand and dissolved oxygen depletion, and significant
buildup of inorganic chemicals where streamflow was diverted for irrigation;
contamination of subsurface water supplies by municipal and industrial
wastes and degraded waters; and a severe odor problem at Barr Lake.
     As a result of the Conference, the Public Health Service,  that agency
of the Department of Health, Education, and Welfare concerned with water
pollution control, was requested to undertake a joint study with the State
of Colorado directed toward the following objectives:
     1.  Determine the legitimate water uses and locate the sources of
         pollution having an adverse effect on those uses.
     2.  Through field investigations determine the physical, chemical,
         and biological responses of the River to pollution and evaluate
         the previously located sources of pollution with respect to the

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                                                                 III-2
         conditions in the River.




     3.  Compute the waste load reductions necessary to obtain desired




         water quality and recommend the water quality control measures




         needed to effect the desired waste load reductions.




     To carry out the joint study discussed above, the South Platte River




Basin Project was formed late in 1963 as a technical arm of the Public




Health Service.  The Project was transferred to the Federal Water Pollution




Control Administration (FWPCA) in late 1965 under provisions of the Water




Quality Act of 1965, which created FWPCA as a new agency in the Department




of Health, Education, and Welfare.  In May 1966, the Project was transferred




with FWPCA to the Department of the Interior under provisions of the



President's Reorganization Plan No. 2 of 1966.



     The Project conducted detailed studies directed toward defining




pollution control measures required to meet the objectives of the First




Session.  Based on the results of these studies, the Project made specific




pollution abatement recommendations to the Second Session of the Enforcement




Conference as discussed below.





SECOND SESSION SOUTH PLATTE RIVER BASIN ENFORCEMENT CONFERENCE




     The Second Session of the Enforcement Conference was held on April



27-28, 1966, in Denver, Colorado.  The Conferees reviewed the progress




that had been made to date in abating pollution in the Basin.  A major




portion of the Conference was devoted to presentation of findings and




recommendations of the Project.  The recommendations concerned abatement




of pollution from municipal and industrial waste discharges in the Denver




Metropolitan area, from animal fcedlots, and from sugar beet processing.

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                                                                     III-3
The most significant aspects of the recommendations were as follows:




     1.  A majority of the municipal and industrial waste discharges



         should be connected to the Metropolitan Denver Sewage Disposal




         District Wo. 1 treatment facility by January 1, 1967.




     2.  Those sources continuing to discharge to surface waters should




         provide adequate treatment, defined as 90 percent removal of




         biochemical oxygen demand and total suspended solids coupled




         with disinfection of the effluent.  For the Metropolitan Denver




         facility, a treatment efficiency of 92 percent was recommended.




         Compliance dates for completion of adequate treatment facilities




         differed by source and ranged from January 1, 1967 to January 1,



         1968.




     3.  All sewage effluents should be diverted from lower Clear Creek




         below Golden.




     4.  Specific limits were recommended on the biochemical oxygen




         demand loads discharged by each sugar beet processing mill.




         The mills were to achieve necessary waste reductions by Sep-




         tember 30, 1968.





     The Colorado Water Pollution Control Commission was established  by



State law shortly before the Second Conference Session, and the first




meeting of the Commission was held in conjunction with that Conference




session.  In view of this, the Conferees agreed to meet again at a later



date to allow the new Commission sufficient time to study and evaluate




the Federal report, and to develop a program for implementation of remedial




measures and a time schedule.

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                                                                    III-A
     The Second Session was reconvened in November 10, 1966.  Compliance




schedules for a number of municipal and industrial sources were reviewed.




The two following major rc.comnu'.iul:i L ions were np.rc.cd to by die Con Tureen:




     1.  All discharges into the South Platte River Basin shall have




         adequate remedial or control facilities in full operation by




         June 30, 1971, so as to comply with water quality standards




         established by the Colorado Water Pollution Control Commission




         as approved by the Secretary of the Interior.




     2.  Time schedules announced at the Conference for specific muni-



         cipalities and industries which fall within the above time




         schedule are approved.

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            IV  STUDY PHASES FOR WATER QUALITY INVESTIGATIONS





     As mentioned earlier in this document, the actual investigation of




the South Platte River will be conducted in three phases:  (1) the




municipal and industrial waste sources evaluations, (2) stream




surveys to determine chemical, physical, and biological conditions,




(3) Sugar Beet Hill waste source evaluations.





Phase I - Municipal and Industrial Haste Source Evaluations




     This phase of the South Platte River Survey is currently planned to




commence July 12, 1971 and will involve evaluating municipal and industrial




waste sources to determine their compliance with the applicable water



quality standards as well as the recommendations of the South Platte River




Basin Enforcement Conference held in 1966.  Current estimates indicate




that approximately 30 municipal waste sources will be evaluated by a team




from DFI-DC.  The size of the municipal waste source will determine the




sampling frequency and length of sampling, however, generally speaking,




composite samples will be collected of the effluent and the influent for




a two-day period.  Various analyses will be performed to indicate the




efficiency and quality of the effluent coming from any given municipal




waste plant.  A typical list of parameters to be investigated include:




     1.  Biochemical Oxygen Demand




     2.  Total Organic Carbon




     3.  Total and Fecal Coliform - Grab Samples




     4.  Total and Suspended Solids




     5.  Settleable Solids




     6.  Heavy Metals

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                                                                 IV-2
     7.  pH




     8.  Phenols (as necessary)




     9.  Total Phosphorus




    10.  Nitrogen Scries




    11.  Chemical Oxygen Demand (as necessary)





     Only those industries which discharge directly to the South Platte




River or its tributaries, will be sampled initially.  A list of other




possible industrial waste dischargers is currently being compiled.




These sources will be investigated further in the field.




     The industries will be visited by a team of industrial waste




specialists to review present waste disposal practices and conduct the




waste sampling.




     Storm sewers or other drains suspected of carrying industrial wastes




will be sampled.  As in the case of the municipal treatment plant, the




industrial wastes will be composite sampled over a period appropriate of




the industrial activity with the following analyses being performed.




     1.  Biochemical oxygen demand




     2.  Chemical oxygen demand




     3.  Total Organic Carbon




     A.  Total and suspended solids




     5.  pH



     6.  Settleable Solids




     7.  Heavy Metals




     8.  Conductivity




     9.  Oil and Grease




    10.  Total and fecal coliform at selected locations




     Phase I will be conducted during the period July 12 to September 30.

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                                                                  IV-3
Phase II - Stream Surveys




     Stream surveys to determine present water quality conditions and the




improvement of the water quality conditions since the South Platte River




Enforcement Conference held in 1966 are currently scheduled to begin about




mid-September.  Sampling stations will be selected on the basis of previous.




water quality studies, as well as information gathered during the municipal




and industrial evaluations mentioned in Phase I.  The survey will be con-




fined to the South Platte River and its principal tributaries in these




areas:




     1.  That reach of the river from just about the City of Littleton,




         Colorado, to a point approximately at the location of the York




         Street bridge, including the major tributaries.



     2.  That reach of the river from the York Street bridge to the




         vicinity of Fort Morgan, Colorado, including the major tributaries.




     3.  That stretch of the river from Fort Morgan, Colorado, to the




         Colorado-Nebraska stateline.





     The data from the water quality surveys will indicate the degree of




water quality improvement since the 1966 Enforcement Conference.




     The following parameters will be measured:




     1.  Biochemical Oxygen Demand




     2.  Total and Suspended Solids




     3.  pH




     4.  Settleable Solids




     5.  Heavy Metals




     6.  Conductivity




     7.  Oil and Grease at selected locations

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                                                                  IV-4
     8.  Bacteria-fecal coliform and fecal streptococci at selected




         locations




     9.  Dissolved Oxygen




     In addition to the collecting of data on chemical and physical




parameters, the surveys will include evaluations of biological conditions




in the streams.






Phase III - Sugar Beet Mill Waste Source Evaluations




     This phase of the overall South Platte River survey will focus on




waste discharge from sugar beet mills operating in the area.  This work




is scheduled to commence the first part of December.




     The quantity and quality of wastes discharged and the water quality




impact on the receiving streams will be measured by means of biochemical




oxygen demand, total and suspended solids, pH  settleable solids,




bacteria, total organic carbon and bacteria (fecal coliform and fecal




streptococci).

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             APPENDIX A
WATER QUALITY STANDARDS FOR COLORADO

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                            APPENDIX A

               WATER QUALITY STANDARDS FOR COLORADO
     The Second Session of the Forty-Fifth General Assembly of the State
of Colorado passed Water Pollution Control Legislation for the State of
Colorado as set out in Chapter 66, Article 23, C.R.S. 1963 (1967 Perm.
Cum. Supp.).  In adopting this legislation, the following legislative
declaration was made, which also was adopted on July 14,  1970 by the
Colorado Water Pollution Commission as its policy statement on nondcgra-
dation:

     "Whereas the pollution of the waters of this state constitutes
     a menace to public health and welfare, creates public nuisances,,
     is harmful to wildlife, fish and other aquatic life, and impairs
     domestic, agricultural, industrial, recreational, and other
     beneficial uses of water; and whereas the problem of water
     pollution of this state is closely related to the problem of
     water pollution in adjoining states; and whereas it is the public
     policy of this state to conserve the waters of the state and to
     protect, maintain, and improve the quality thereof for public
     water supplies, for the propagation of wildlife, fish and other
     aquatic life, and for domestic, agricultural, industrial, recrea-
     tional, and other beneficial uses, and to provide that no wastes
     be discharged into any waters of the state without firstfbeing
     given the degree of treatment necessary to protect the beneficial
     uses of such water, it is hereby declared that the prevention,
     abatement, and control of the pollution of the waters of this state
     are affected with a public interest, and the provisions of this
     act are enacted in the exercise of the police powers of this state
     for the purpose of protecting the health, peace, and safety, and
     general welfare of the people of this state."  Relevantly, the
     Commission will keep the Federal Government, from time to time,
     advised and informed with the information required for the discharge
     of its responsibilites under the Federal Water Pollution Control
     Act, as amended.

These standards arc the foundation for the classification of the waters
of the State of Colorado, as defined in the Water Pollution Control Act
of 1966. as amended,  (adopted June 10, 1970)*

     Standards are subject to revision as technical data, surveillance
programs, and technological advances make such revisions desirable.
Lacking an existing temperature data base upon which to make comparisons,
   Underscored material represents changes and/or additions to the original
     (May 1968) Colorado Water Quality Standards.

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the Commission, on July 14, 1970, adopted for utilization as a guide-
line, a temperature change of 5 1? for waters classified for Cold and
Warm Water 1'ishcrys.

     For the purposes of enforcement of these standards, sampling will
be done at a point where these standards can be evaluated.

     For purposes of enforcement of water classification standards,
sampling of the waters will be done at any point, except for areas
immediately adjacent to outfalls and except as may be noted in the
text of the standards.  In such areas, cognizance will be given to the
opportunity for admixture of waste effluents with receiving water.

     Tests or analytical procedures to determine compliance with standards
will, insofar as practicable and applicable, be made in accordance with
the methods given in the latest edition of "Standard Methods For The
Examination of Water And Waste Water" published by the' American Public
Health Association, or in accordance with tests or analytical procedures
that have been found to be equal or more applicable and satisfactory
and accepted and approved by the Commission.

     In areas where a body of water is classified for more than one
use, the standards applicable to each use shall apply and in case of a
conflict, the more restrictive standards shall prevail in each instance.

     Where and when additional x*aters become available, hearings will
be held on the possible classification or rcclassification of such
waters for further enhancement.  The quality of water will be maintained
as high as possible and in no case shall stream standards be violated.

     It is expected that the present uses of the waters of Colorado will
continue but if other uses develop, streams may be classified or
reclassified after public hearings.

     Waters of the state, the quality of which exceeds the limits set
in these standards, will be'maintained at existing quality unless and
until it can be demonstrated to the State that a change in quality is
justified to provide necessary economic or social development.  In that
case, the best practicable degree of waste treatment to protect the
current classification of such waters will be required.  The appropriate
Federal authority will be provided with information, from time to time,
required to discharge his responsiblities under the Federal Water Pollution
Control Act, as amended,  (adopted October 13, 1970)

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I.   BASIC STANDARDS APPLICABLE TO ALL WATERS OF THE STATE (adopted
      June 10, 1970)"

    A.  All wastes capable of treatment or control prior  to  discharge
        into any waters of the state, shall receive secondary treatment
        with disinfection or its industrial waste equivalent, as
        determined by the State Water Pollution Control Commission.
        Lesser degrees of treatment or control  may be permitted only
        where it can be demonstrated that  the standards applicable to
        the classified use of the water can be  attained.   Greater
        degrees of treatment or control will be required  where it can
        be demonstrated that it is necessary to comply with  the
        standards applicable to the classified  use of the water.

    li.  Free from substances attributable  to municipal, domestic, or .
        industrial wastes, or other controllable sources  that will either
        settle to form unsightly, putrcscent, or odorous  bottom deposits,
        or will interfere with the classified use of the  water.

    C.  Free from unsightly floating debris, oil, grease, scum, and
        other floating material attributable to municipal, domestic, or
        industrial wastes, or other controllable sources.

    D.  Free from materials attributable to municipal, domestic,  or
        industrial wastes or other controllable sources that will produce
        objectionable odor, color, taste,  or turbidity in the water, or
        objectionable aquatic life which may result in eutrophication
        or other conditions that interfere with the^ classified use of
        the water,  (adopted June 10, 1970)

    E.  Free from high temperatures, biocidcs,  toxic, or  other deleterious
        substandes attributable to municipal, domestic, or industrial
        wastes, or other controllable sources in levels,  concentrations,
        or combinations sufficient to be harmful to human or animal life.

    F.  Radioactive materials attributable to municipal,  industrial or
        other controllable sources will be minimum concentrations that
        are physically and economically feasible to achieve.  In  no case
        shall such materials in the stream exceed the limits established
        in the current edition of the U.S. Public Health  Service
        Drinking Water Standards or the limits  approved by the Federal
        Radiation Council, or, in the absence of any limits  specified
        by the U.S. Public Health Service  or the Federal  Radiation
        Council, 1/30 of the 168-hour-week values for other  radioactive
        substances specified in the National Bureau of Standards  Handbook
        69.

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II.  ADDITIONAL WATER QUALITY STANDARDS FOR BODIES OF WATER THAT HAVE
     BEEK CLASSIFIED FOR ANY OF THE FOLLOWING USES:
CLASS A.
     1.  The following standards shall apply to water withdrawn for
         treatment as a potable supply.

         a.  Bacteria:  Wastc_s___p_r_substanccn from controllable sources
             shall not he discharge^! into these waters in amount r. which
             will cause the number of praanisns of the fecal coliform
             group, as determined by cither multiple tube fermentation
             or membrane filter techniques t, to exceed a log mean of 1,000
             per 100 tnilliliters or exceed 2,000 per 100 millilitcrs in
             more than 10% of the samples collected in any 30 day period.

         b.  Dissolved Oxygen;  Dissolved oxygen shall not be less than
             4 milligrams per liter.

         c.  pll:  The pH shall be maintained between 6.0 and 9.0.

         d.  Taste and Odor;  Free from materials attributable to
             municipal, domestic, or industrial wastes, or other con-
             trollable sources that will produce taste or odor in the
         e.  Dissolved Solids ;  Total dissolved solids, annual volume
             weighted average, should be less than 500 milligrams per
             liter.

         f.  Selected Chemical Constituents;  The following substances
             shall not be present in such amounts as to exceed the
             specified concentrations in a potable water supply according
             to the mandatory requirements of the latest edition of the
             U.S. Public Health Service Drinking Water Standards:

                 Substances                       Concentration - mg/1

                 Arsenic -----------------0.05
                 Barium  ----------- - ----- 1.00
                 Cadmium ----------------- 0.01
                 Chromium (llexavalcnt) ----------0.05
                 Cyanide ---- -------- -- --- 0.20
                 Lead  ------------------ 0.05
                 Selenium  ---------------- 0.01
                 Silver  ----------------- 0.05

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CLASS B.
     1.  The following standards shall apply to waters classified for
         fish and wildlife (Cold Water Fishery):

         a"  li35Ji9.r.i5L:  Vfe s -E-e-*v °r sub nEan ces f rom con t ro 11 a b 1 o sources^
             shall not be discharged into these v/ntp.rs in amounts which
             will cause the number of organisms of the fecal coliform
             group, as determined by either multiple tube fermentation
             or membrane •filtertechniques, to exceed a lop, mean of
             IjLil^QjSHF. Aou millil•*•tcrs °r- <=*£$$£_ 2> OOP per 100 nilfiliters
             in more than 10% of the samples collected in any 30 day
             period.

         b.  Dissolved Oxygen;  In cold water fisheries, the dissolved
             oxygen content shall in no case go below 6 milligrams per
             liter.

         c.  p_il:  pH shall be maintained between 6.5 and 8.5.  No con-
             trollable pll change will be permitted which will interfere
             with fish and aquatic life.

         d.  Turbidity:  No turbidity shall exist in concentrations  that
             will impair natural and developed fichcri.es.

        *e.  j£rop££a_t.HI£.:  *n c°ld water fisheries the temperatures  shall
             not exceed 70 F.  No controllable temperature change will be
             permitted which will interfere with the spawning and other
             aspects of fish life,   (adopted October 13, 1970)

         f.  Toxic Material:  Free from biocidcs, toxic, or other
             deleterious substances attributable to municipal, domestic,
             or industrial wastes, or other controllable sources in
             levels, concentrations, or combinations sufficient to be
             harmful to aquatic life.

         g.  Other Kateriali  Free from materials attributable to
             municipal, domestic, or industrial wastes, or other con-
             trollable sources that will produce off-flavor in the flesh
             of fish.

     2.  The following standards shall apply to waters classified for
         fish and wildlife (Warm Water Fishery):

         a.  Bacteria;  Wastes or substances from controllable sources
             shall not be discharged into these waters in amounts yhich
             will cause the number of organisms of the fecal" coliform
             group, as determined by either multiple tube fermentation
             or membrane filter techniques to exceed a log mean of 1,000
             per 100 milfiliters or exceed 2.000 per 100 milliliters in
             more than 10% of the samples collected in any 30 day period.
             (adopted June 10, 1970)

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         b.  Dissolved Oxypcn;  In v;arm water fisheries, dissolved
             oxygen content shall in no case p.o below 5 milligrams per
             liter.

         c.  jil[:  pH shall be maintained between 6.5 and 8.5.  No control-
             lable nil change will be permitted which will interfere with
             fish and aquatic life.

         d.  Turbidity :   No turbidity shall exist in concentrations that
             will impair natural and developed fisheries.

        *c.  TicmCJrT-OAMJEE'  In warm wntcr Fisheries the t o.mp c r a t u r c s «1 1 a 1 1
             not exceed  UP V.  No controllable tcmpcrnturc change will be
             permitted which will interfere with spawning and otlicr aspects
             of fish life.  "Note;  See additional temperature criteria. . . .
             (adopted Oct. 13. 1970)

         ^'  Toxic Material ;  Free from biocides, toxic, or other deleterious
             substances  attributable to municipal, domestic, or industrial
             wastes, or other controllable sources in levels, concentrations,
             or combinations sufficient to be harmful to aquatic life.

         g.  Other Material ;  Free from materials attributable to municipal,
            domestic, or industrial wastes, or other controllable sources
            that will produce off-flavor in the flesh of fish.

*Note ;   Limits on temperature change in fisheries have not boron established
    due to  ac^ of historicaj^ temp0raturc data and lack of conclusive
     empera ture change criteria for the aquatic biota of waters of the
    ^?A^£.'_ These factual data are bein^ collected, however, to serve
    as a basis for setting limits.  In the meantime, the following
    tentative criteria will be used as administrative policy;

         In cold water fisheries an abrupt change in temperature must be
         avoided and the normal pattern of d_iurnaj.__and_ seasonal fluctua-
         tions must be preserved.  The maximum allowable temperature
         increase due to waste discharp.es in streams and in the epilimnion
         of lakes shall be 2 V.  No warming waste discharge shall be
         permitted to tlie hypolinnion of lakes .

     In warm water fisheries an abrupt change in temperature must be
     avoided and the normal pattern of diurnal and seasonal chanp.es must
     be preserved.  The maximum allowable temperature increase due to
     waste discharges in streams will be 5 F; in the epilimnion of lakes
     the maximum increase will bo 3 F.  No warming waste disch.irRC shall
     be permitted in the hypolimnion of lakes.

     In temperature measurement, allowance shall be made for a mixinp,
     zone.  Provisions shall be made for adequate mixinp. and no thermal
     barrier to migration and free movement of 'aquatic biota shall be
     permitted in any water of the state.  (adopted October 13, 1970)

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         The following standards shall apply to recreational waters
         classified for body contact sports such as, but not limited to,
         swimming and water skiing:

         a.  Bacteria:  Total coliform bacteria shall not exceed 1,000
             per 100 millilitcrs as a monthly average (cither IIPM or MF
             count); nor exceed this number in more than 20% of the
             samples examined during any month; nor exceed 2,400 per 100
             milliliters in a single sample.  In addition, the fecal
             coliform count shall not exceed 100 per 100 milliliters,
             and the fecal streptococcus count shall not exceed 20
             per 100 milliliters, both of these limits to be an average
             of five (5) consecutive samples within a month.

         b.  pli:  pli shall be maintained between 6.5 and 8.5.
CLASS C.
     1.  The following standards shall apply to waters classified for
         industrial uses:

         a.  Dissolved Oxygen;  Dissolved oxygen content shall not go
             below 3 milligrams per liter.

         b.  pH:  pli shall be maintained between 5.0 and 9.0.

         c.  Turbidity;  No turbidity shall exist in concentrations that
             will interfere with established levels of treatment.

         d.  Temperature;  The temperature shall not exceed 90 F.
CLASS D.
     1.  The following standards shall apply to waters classified for
         irrigation:

         a.  Total Dissolved Solids (Salt) ConccntTations;  A time-weighted
             monthly mean at a monitoring station which exceeds the time-
             weighted monthly mean for a base period established by
             the Commission by more than two standard deviations shall
             be subject to review by the Commission.

         b.  Sodium Adsorption Ratio;   A time-weighted monthly mean at
            a monitoring station which exceeds the time-weighted monthly
            mean for a base period established by the Commission by
            more than two standard deviations shall be subject to review
            by the Commission.

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    c.  Toxic Material:   Free from biocidcs, toxic, or other
        deleterious substances attributable to municipal, domestic,
        industrial wastes, or other controllable sources in con-
        centrations or combinations which are harmful to crop life.

2.  The following standards shall apply to waters classified for
    livestock watering:

    a.  Soluble Salts:  The soluble salts shall not exceed 3,000
        milligrams per liter.

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  Table A-l—Stream Classifications, South Platte River Basin, Colorado
                 Stream Reach
                                                   Orir.lu.il
                                                   Classifi-
                                                    cation
.luly i'JVO
Classifi-
 cation
(1)  Middle Fork & Main Stem of South Plattc,
      including Montgomery, Eleven Mile Canyon
      & Lake Georpc Reservoirs to confluence
      with Brush Creek at Water ton
                                                   A,
(2)    to 1,000 feet below Enplewood Union Avenue
      Water Treatment Plant Intake
                                                                 A, Bf
(1)  Lake Chessman Reservoir from inlet to outlet   A

(1)  Main Stem of South Platte from confluence      A,
      with Drush Creek at Waterton to 1,000
      feet below Englcwood Union Avenue Water
      Treatment Plant Intake
(1)  Main Stem of South Platte River from 1,000^
(2)    feet below Enplewood Union Avenue Water
      Treatment Plant Intake to Exposition
      Avenue, Denver

(1)  Main Stem of South Platte from Exposition
      Avenue, Denver to Colo-Ncbr. State line

(2)    from Exposition Avenue, Denver to York
      .Street, Denver

(2)  Sloan's Lake, Denver, from inlet to outlet

(2)  Main Stem of South Platte from York Street,
      Denver, to Colp-Nebr. State line

(1)  Main Stem of South Platte at State line

(1)  South & North Forks of South Plattc,
      Tarryall Creek & Goose Creek, including
      Antero & Tarryall Reservoirs

(2)  Main Stem of Cache la Poudre from point of
      diversion for City of Grceley water
      treatment plant to Second Avenue Bridge,
      Greeley

(2)  Main Stem of Cache la Poudre from Second
      Avenue Bridge, Creeley, to confluence
      v/ith South Platte

(1)  Bear Creek including Evergreen Lake from
      source to Town of Morrison
                                                   V c> Di
                                                   C, D.
                                                   B2

                                                   A, B.
                                                                 V °* Dl
                                                                   , C,
                                                                 B3

                                                                 C,
                                                                 B2, C,
                                                                 C, D,
                                                   A, B.

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       Table. A-T.—Stream Classifications, South Platte River Basin,
                                Colorado—Continued
                 Stream Reach
                                                   Original
                                                   Classifi-
                                                    cation
July 1970
Classifi-
 cation
(1)  Bear Creek from Town of Morrison to
      confluence with South Platte
                                                   B2>D1
(1)  Cherry Creek Reservoir from inlet to outlet

(1)  Main Stem of Clear Creek from source to
      point of diversion of Farmers Highline
      Canal (about 1 mile upstream of Golden)

(1)  Main Stem of Clear Creek from point of
      diversion of Farmers Hi^hlinc Canal to
      confluence with South Platte

(1)  South Fork of Clear Creek, Chicago Creek,
      Soda Creek, Beaver Brook, Elk Creek,
      Guy Gulch & Mill Creek from sources to
      mouths
                                                   A, B,
                                                   A,
                                                   A, B.
(1)  Coal Creek from source to intersection
      with State Highway #93

(1).  Coal Creek from intersection with State
      Highway #93 to mouth

(1)  South Boulder Creek including Cross
      Reservoir jfrom source to intersection
      with State Hip.hway #93

(1)  South Boulder Creek from intersection
      with State Highway .#93 to mouth

(1)  North Boulder Creek and James Creek
      from sources to mouths

(1)  Middle Boulder Creek including north and
      south forks, Barker  Reservoir and main
      stem of Boulder Creek, from sources to
      intersection with State Highway #119 at
      mouth of Boulder Canyon

(1)  Main Stem of Boulder Creek, from inter-
      section with State Highway //119 at mouth
      of Boulder Canyon

(1)  North and South St. Vrain Creeks from
      sources to point of  confluence at Lyons
                                                   A, B,
                                                   A,
                                                   VD1
                                                   A, B.
                                                   A, B.
                                                   B2'D1
                                                   A, B.

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       Table A-l—Stream Classifications, South Platte River Basin,
                                Colorado—Continued
                 Stream Reach
                                                 Original
                                                 Classifi-
                                                  cation
(1) Main Stem of St. Vrain Creek, from point       C, D
      of confluence of North & South St. Vrnin
      Creeks at Lyons to confluence with South
      Platte

(1) Middle St. Vrain Creek from source to mouth    A, B

(1) Lefthand Creek from source to intersection     A, B.
      with State Highway >/7

(1) Lefthand Creek from intersection with State    C, D
      Highway #7 to mouth

(1) Main Stem of Big Thompson River including      A, B.
      Lakc Estes, from source to Town of Love-
      land's water treatment plant

(1) Main Stem of Big Thompson River from Town      C, D
      of Loveland's water treatment plant to
      confluence with South Platte River
July 1970
Classifi-
 cation
Notes:
  (1) - Original - May 1968  - stream classification.
  (2) - Amended  - July 1970 - stream classification.
  Water Classification A  - Public Water Supply
                          - Fisheries and Body Contact Recreation.
                          - Cold Water Fisheries
Water Classification B
                     B,
  Water Classification C
  Water Classification D
                     B_ - Warm Water Fisheries
                     B- - Body Contact Recreation (Swimming, Water
                            Skiing, etc.)
                        - Industrial Water Users.
                        - Irrigation (& Stock Watering)

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                               APPENDIX B






                     RIVERS AND HARBORS ACT OF 1899




(33 U.S.C.  401-413;  Section 407 is referred to as the Refuse Act of 1899)

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                                 RIVERS  AND  HARBORS  ACT OF  1899
                                        (33 U.S.C. 401-413; Section 407
                                    is referred to as the Refuse Act of 1899)
  §401. Construction of bridges, causeways, dams or dikes
generally
  It shall not be  lawful  to cons duel or commence the
construction of any bridge, dam, dike, or causeway over or
in any port, roadstead, liavcn, harbor, canal, navigable river,
or other navigable  water of the  United States  until the
consent of Congress to the building of such structures shall
have been obtained and  until  the plans for the same shall
have  been submitted  to and approved  by the Chief of
Engineers and by  the  Secretary  of  the  Army:  Provided.
That  such structures may be built under authority of the
legislature of a State across rivers and other waterways the
navigable  portions of which lie wholly within the limits of a
single State,  provided  the location and  plans thereof arc
submitted to  and  approved by the Chief of Engineers and
by  the  Secretary  of  the  Army before construction  is
   imcnccd:  And provided further.  That when plans for
     bridge or other structure  have been, approved by the
Chief of Engineers and by the Secretary of the Army, it
shall  not be lawful  to deviate from such plans cither before
or after completion of the structure unless tltc modification
of said plans  has previously-been submitted to and received
the approval of the Chief of Engineers and of the Secretary
of the Army.

  §403. Obstruction  of excavations and  filling  in of
navigable waters generally; wharves; piers, etc.;
  The creation of any obstruction not affirmatively author-
ized by Congress,  to the navigable capacity of any of the
waters of the  United States is prohibited; and it shall not be
lawful to build or  commence (lie building of any wharf,
pier, dolphin,  boom, weir, breakwater, bulkhead, jetty, or
other structures in any  port,  roadstead, haven, harbor,
canal, navigable river, or  other water  of the United States,
outside established  harbor lines, or where no harbor lines
have  been established, except on plans recommended by
the  Chief of Engineers  and authorized by the Secretary of
the  Army; and it shall not be lawful to excavate  or fill, or in
any  manner  to alter  or  modify the course,  location,
condition, or capacity of, any port, roadstead, haven, canal,
lake,  harbor or refuge, or inclosure within the limits of any
breakwater, or of the channel of any navigable water of the
United States, unless the work has been recommended by
""•. Chief of Engineers and authorized by the Secretary of
    Army prior to the beginning the same.

   §404. Establishment of harbor lines; conditions to grants
 for extension of piers, etc.
   Where it is made manifest to the Secretary of the Army
 that  the  establishment of harbor lines is essential to llic
preservation and  protection  of harbors he may, and is,
authorized  to  cause such lines to be established, beyond
which no piers, wharves, bulkheads, or other works .shall be
extended or deposits  made, except under such regulations
as may be prescribed from  time to time by him: Provided,
That whenever the Secretary of the Army grants to any
person or  persons  permission to extend  piers,  wharves,
bulkheads,  or other works, or to make deposits in any tidal
harbor or  river of  the  United States beyond any harbor
lines established under authority of  the  United States, he
shall cause  to be  ascertained the amount of  tidewater
displaced by any such structure or by any such  deposits,
and he shall, if he deem it  necessary, require the parties to
whom the  permission is given to make compensation for
such displacement cither by excavating in some part of the
harbor, including tidewater channels  between high and low
water mark, to such  an extent as to create a basin for as
much tidewater as may be displaced by such structure or by
such deposits,  or in  any  other mode that may be satis*
factory to him.

   §406. Penalty for wrongful construction  of  bridges,
piers, etc.; removal of structures
   Every person and every corporation that shall violate any
of the provisions  of sections 401,403, and  404 of (his title
or any  rule or regulation  made  by  the Secretory of the
Army in pursuance  of the provisions of section 404 of this
title shall  be  deemed-guilty  of a misdemeanor,  and  on
conviction  thereof shall  be  punished by  a fine  not exceed-
ing $2,500  nor less  than S500, or by imprisonment (in the
case  of a  natural person)  not exceeding one  year, or by
both such punishments,  in  the discretion  of the court. And
further, the removal of any structures or parts of structures
erected  in violation of the provisions of the said sections
may be enforced by  the injunction  of any district court
exercising   jurisdiction  in  any  district  in which  such
structures  may exist, and  proper proceedings  to  this end
may be instituted  under  the direction  of the  Attorney
General of the  United States.

   §407. Deposit of refuse in, navigable waters generally
  It shall not be lawful  to  throw, discharge, or deposit, or
cause,  suffer,  or procure  to be thrown,  discharged,  or
deposited either from or out  of any ship,  barge, or other
floating craft  of any kind,  or from the shore, wharf,
manufacturing establishment, or mill  of  any  kind,  any
refuse  matter  of any kind or description  whatever other
than that  flowing  from streets and sewers  and passing
therefrom in a liquid state, into any navigable water of the
United States, or  into any tributary of any  navigable water

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from  which (he .\.imc sli:ill float i>r l>c washed  into such
navigable walci; and  it shall  not be l.iwful  to deposit,  or
cause, suffer, or piocuic to be deposited inalcnal of any
knul  in any  place on I lie bank of any navigable  walcr,
whnc (lie  s.inic  sh.ill In* liable  lo  In:  washed  inlo such
navigable water, eilhci  by oulinary 01 hifji tides, 01  by
stoinis or Hoods, or otherwise, wheieby navigation shall  or
may  he impeded or  obstructed: I'roriilcd.  Thai nothing
heiein contained shall extent lo, apply  lo, or prohibit the
operations  in connection with the  improvement of navi-
gable  wateis  or construction of  public works, considcicd
necessary and proper by the United States  of I ice is super-
vising sucli improvement or public work:  Ami provided
further. Thai tlic Secretary of the Army, whenever in the
judgment of I he Chief of Engineers anchorage or  navigation
will not be injured thereby, may permit the deposit of any
material above  mentioned in navigable waters, within limits
to  be defined  and  under conditions to be prescribed  by
him,  provided application is made to him prior to deposit-
ing such material: and whenever any permit is  so granted
the conditions  thereof shall be strictly complied with, and
any violation thereof shall be unlawful.


   §407a. Deposit of debris of mines and stamp works
   In  places where harbor-lines have not been established,
and where  deposits of debris of  mines or stamp  works can
be  made without injury to navigation, within lines to  be
 .stablishcd by  the Secretary of the Army, said officer may,
and is authorized to,  cause such lines to be established; and
within  such lines  such  deposits  may be  made,  under
regulations to be  from time to time prescribed by  him ...


   §408. Taking  possession of,  use of, or injury to harbor
or river improvements
   It  shall  not  be lawful for any person or persons to take
possession of  or make  use  of  for  any purpose,  or build
upon, alter, deface,  destroy,  move,  injure,  obstruct  by
 fastening vessels  thereto or otherwise, or  in any manner
whatever impair  the  usefulness  of any sea wall, bulkhead,
jetty, dike, levcc, wharf, pier, or other work built by  the
 United States,  or any piece of plant, floating, or otherwise,
 used in the construction of such work under the control of
 the United States, in whole or in part, for the preservation
 and  improvement  of any  of its  navigable waters or to
 prevent floods, or as boundary  marks, tide gauges, survey-
 ing stations, buoys, or other established marks, nor remove
 far ballast or  other  purposes any mono or other material
 composing such works: Provided, That the Secretary of the
 Army  may,  on the recommendation of  the Chief of
 Engineers, grant  permission  for  the temporary  occupation
 or use of any  of the aforementioned public works when in
his judgment such occupation or use will not be injurious to
the public interest.

   Jj'U I. Penally for wrongful  deposit of refuse; use 
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                  APPENDIX C






             EXECUTIVE ORDER 11574




Administration of the Refuse Act Permit Program

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                                         EXECUTIVE ORDER  11574
                              Administration of the Refuse Act Permit Program
   Dy virtue or (he authority vested in me as President of
the United States, and in furtherance of the purposes and
policies of section 13 of the Act of March 3,1899, c. 425,
30 Stat. 1152 (33 U.S.C. 407), the Federal Water Pollution
Control Act, as amended (33 U.S.C. 1151 ct. scq.), t«c Fish
and  Wildlife Coordination Act,  as  amended  (16  U.S.C.
661-666c), and the National  Environmental Policy Act of
19o9 (42  U.S.C. 4321-4347), it  is  hereby  ordered as
follows:
   Sec I ion  1. Hi-fuse  Act ficniiil i>n>Krtiin. Tlic executive
branch  of  the  I;c0cral Ciovcrnnient  shall implement a
permit  program under the aforesaid  section 13 of the Act
of March 3, 1899 (hereinafter referred to as "the Act") to
regulate the discharge of pollutants and other refuse matter
into  the  navigable waters of  the United  States or their
tributaries and the placing of such matter upon their banks.
   Sec.  2. Responsibilities of Federal agencies, (a) (1) The
r     tary shall, after  consultation with the Administrator
      Jting  water  quality  matters, issue and  amend, as
appropriate, regulations, procedures, and instructions for
receiving, .processing,  and  evaluating applications  for per-
mits pursuant to the authority of the Act.
   (2) The  Secretary  shall be responsible for granting,
denying, conditioning, revoking, or suspending Refuse Act
permits. In so doing:
   (A) He shall accept findings, determinations, and inter-
pretations which the  Administrator shall make respecting
applicable water  quality  standards and  compliance with
those standards in particular circumstances, including find-
ings,  determinations,  and interpretations arising from the
Administrator's review of State or interstate agency water
quality  certifications  under section 21(b)  of  the  Federal
Water Pollution Control Act (84'Stat. 108). A  permit shall
be denied  where  the  certification  prescribed  by  section
21(b) of the Federal Water Pollution Control Act has been
denied,  or where issuance would be inconsistent with any
finding, determination,  or  interpretation of the Adminis-
trator pertaining to applicable water quality standards and
considerations.
  (B) In addition, he shall consider factors,  other than
water quality, which are  prescribed by or may be lawfully
considered under the Act or other pertinent laws.
   (3) The Secretary shall consult with the Secretary of the
Interior,  with  the  Secretary of  Commerce,  with  the
Administrator, and with the head of the agency exercising
administration over  the wildlife resources of any affected
State,  regarding effects on fish and wildlife which arc not
reflected  in water quality considerations,  where the  dis-
charge  for  which a permit  is sou^it  impounds, .diverts,
deepens the channel, or otherwise controls  or similarly
modifies  Die  stream or  body of  water into which the
(lixch;ii|',c is  niiido.
   (4) Where appropriate for a  particular permit application,
the Secretary shall  perform such consultations respecting
environmental  amenities and values,  other  than  those
specifically  referred to in paragraphs (2) and (3) above, as
may be required by the National Environmental Policy Act
of 1969.
   (b)  The  Attorney  General  shall  conduct  the  legal
proceedings necessary to enforce the act and permits issued
pursuant to it.
   Sec. 3.  Coordination by  Council  on  Environmental
Quality, (a) The Council on  Environmental Quality shall
coordinate  the   regulations,   policies,  and  procedures of
Federal  agencies with respect to  the  Refuse Act permit
program.
   (b) The Council on Environmental Quality, after consul-
tation  with  the Secretary, the Administrator, the Secretary
of the Interior, the  Secretary of Commerce, the Secretary
of Agriculture, and  the Attorney General, shall  from time
to time or as directed by"the President advise the President
respecting the  implementation of the Refuse Act permit
program,   including  recommendations  regarding   any
measures which should be taken to improve its administra-
tion.
   Sec.  4. Definitions.  As used in this order,  the  word
"Secretary" means  the Secretary of  the Army, and  the
word  "Administrator"  means the  Administrator of  the
Environmental Protection Agency.
THE WHITE HOUSE,
   December 23,1970.
                                     RICHARD pIXON

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                         APPENDIX D
                      DISCHARGE  OF OIL




(Code of Federal Regulations,  Title 18,  Chapter V,  Part  610)

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                                            DISCHARGE  OF OIL
                        (Code of Federal Regulations, Title  18, Chapter V, Part 610)
Sec.
QIO.I   Definitions.
610.2   Applicability.
610.3   Discharge into navigable waters harmful.
610.4   Discharge into contiguous zone harmful.
610.5   Discharge prohibited.
610.6   Exception Tor vessel engines.
610.7   Dispcrsants.
610.8   Demonstration projects.
610.9   Notice.
   AUTHORITY: The provisions of this Part 610 arc issued
under sec. 11 (b) (3)  of the Federal Water Pollution Control
Act, as amended (84  Stat. 92; 33 U.S.C. 1161).

§610.1  Definitions.
   As used in this part, the following terms shall have the
meaning indicated below:
   (a) "Oil"  means  oil  of any kind  or  in  any  form,
including, but not limited to, petroleum, fuel oil, sludge, oil
refuse, oil  mixed with ballast or bilge, and oil mixed with
wastes other than dredged spoil;
   (b) "Discharge"  includes, but  is  not limited  to, any
spilling, leaking, pumping,  pouring, emitting, emptying or
dumping;
   (c) "Vessel" means every description of watcrcraft  or
other artificial contrivance used, or capable of being used,
as a means of transportation on water other than a public
vessel;
   (d) "Public vessel" means a vessel owned or bare-boat
chartered and operated by  the United States, or by a State
or  political subdivision  thereof, or by  a  foreign nation,
except when such vessel is engaged in commerce;
   (e) "United States" means the States,  the  District  of
Columbia,  the Commonwealth of Puerto Rico, the Canal
Zone, Guam, American Samoa, the Virgin Islands, and the
Trust Territory of the Pacific Islands;
   (0 "Person" includes an individual, firm, corporation,
association, and a partnership;
   (g) "Contiguous zone" means the entire zone established
or to be established by the United States under article 24 of
the Convention on  the Territorial Sea and  the Contiguous
Zone;
   (h) "Onshore facility" means any facility (including, but
not limited to motor vehicles and rolling slock) of any kind
located  in, on, or under, any land  within the United States
other than submerged land;
   (i) "Offshore facility1' means any facility of any  kind
located in, on, or under, any of the navigable waters of the
United States other than a vessel or public vessel,
   (j) "Applicable water quality standards" means water
quality slnmhirds adopted pursuant to section 10 (c) of the
Federal Act and State-adopted water quality standards for
waters which arc not interstate within the meaning of that
Act.
  (k) "Federal  Act" means the Federal Water Pollution
Control Act, as amended, 33 U.S.C. 466, ct seq.
  (1) "Sheen"  means  an  iridescent  appearance  on  the
surface of water.
  (m) "Sludge" means an aggregate of oil or oil and other
matter of any kind in any  form other than dredged spoil
having a combined specific gravity equiyajcnt to or greater
than water.


§610.2 Applicability.
  The regulations of this part apply to the discharge of oil
into or upon the navigable waters of the  United States,
adjoining shorelines or  into or upon the  waters of the
contiguous  zone, prohibited by section   11 (b) of  the
Federal Act.


§610.3 Discharge into navigable waters harmful.
   For  purposes of section 11 (b) of  the  Federal  Act,
discharges of such quantities of oil into or upon the navigable
waters of the United States or  adjoining shorelines deter-
mined to be harmful to the public health or welfare of the
United  States, at all  times and locations  and under all
circumstances and conditions, except as provided in section
610.6 of this part, include discharges which:
  (a) Violate applicable water quality standards, or
  (b) Cause  a  film or sheen upon or discoloration of the
surface  of the  water  or adjoining shorelines  Or cause  a
sludge or emulsion  to be deposited beneath the surface of
the water or upon adjoining shorelines.


§610.4 Discharge into contiguous zone harmful.
   For  purposes of section 11 (b) of  the  Federal  Act,
discharges of such quantities of  oil  into or upon the waters
of  the contiguous zone determined to be  harmful to the
public health or welfare of the  United States,  at all times
and locations and under all circumstances and  conditions,
except  as  provided in section 610.6  of  this part, include
discharr.es which:
   (a) Violate applicable water quality standards In naviga-
ble waters of the United States, or
   (b) Cause a film or sheen upon or discoloration of the
surface of  the  water' or adjoining shorelines  or cause  a
sludge or emulsion to  be deposited beneath the surface of
the water or upon adjoining shorelines.

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§610.5 Di.scli.irgc prohibited.
   As provided in section 11 (b) (2) of the Federal Act, no
person shall discharge or cause or  permit to be discharged
into or upon  (he navigable waters of the United Stales,
adjoining  shorelines, or into or upon (he waters of the
contiguous /.one  any oil,  in harmful quantities  as deter-
mined in  sections 610.3 and 610.4 of this part, except as
the same  may be permitted in the contiguous zone under
Article IV of the International Convention  for the Preven-
tion of Pollution of the Scu by Oil,  1954, as amended.
§610.6 Exception for vessel engines.
  For purposes  of section  11 (b)  of the Federal  Act,
discharges of oil fiom a properly functioning vessel engine
arc  not deemed to be harmful; but such oil accumulated in
a vessel's bilges shall not be so exempt.
§610.7 Dispcrsants.
   Addition  of  dispcrsants or  cmulsifiers  to  oil to  be
discharged which would circumvent the provisions of this
part is prohibited.
§610.8 Demonstration projects.
  Notwithstanding any other provisions of (his  part, the
Secretary  of the  Interior may permit (he discharge  of oil
into or upon (he navigable  waters  of  the United States.
adjoining  shorelines,  or  into or  upon  (he waters of the
contiguous /.one, in connection with research, demonstra-
tion projects, or studies relating to the prevention,control,
or abatement of oil pollution.

§610.9 Notice.
  Any  person  in  charge  of  any  vessel  or onshore  or
offshore facility shall, as soon as  he  has knowledge of any
discharge  of oil from such  vessel  or  facility in violation of
section  610.5  of this part,  immediately notify  the U.S.
Coast Guard of  such discharge in accordance with such
procedures  as  the Secretary of Transportation may pre-
scribe.
  Dated:  September 9,1970.

                                   WALTER J.H1CKEL,
                                Secretary of the Interior.
        [F.R. Doc. 70-12180; Filed. Sept. 10,1970;
                       8:52 a.m.]

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