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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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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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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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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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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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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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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