On March 31, 2025, the Colorado Department of Public Health and Environment’s (CDPHE) Water Quality Control Division (“Division”) revised the CW-14 policy related to reporting and permitting of discharges from dewatering systems for select activities. This policy outlines applicable activities for a which a long-term dewatering permit is not required and the criteria, conditions, and control measures that must be met to avoid permitting requirements and enforcement.
Under the Revised Policy, Qualifying Discharges from Certain Foundation Dewatering Activities May Not Require a Permit
The most substantial change to CW-14 is that it now applies to gravity-flow or foundation dewatering systems that are installed to displace groundwater to protect or maintain underground parking garages, elevator shafts, and similar subterranean features associated with buildings.[i] Under the revised CW-14, no permit is required for long-term foundation dewatering activities[ii] that meet the criteria, conditions, and control measures of the revised policy. For a full list of policy-applicable discharges, please refer to the revised policy.
The Division made this change after it determined that (1) there is a low risk of environmental harm to receiving waters from the discharges from applicable activities and (2) administering and enforcing discharge permit coverage or reporting requirements for the significant number of foundation dewatering systems would be impracticable and an inefficient use of the Division’s resources.
However, the revised policy makes clear that the Division’s decision to expand the applicability of CW-14 to long-term foundation dewatering systems is a “time-limited” and “short-term solution” to be implemented while the Division investigates long-term solutions to address these discharges. The current policy has a scheduled review date of March 31, 2030.
Categories of Activities Not Applicable to CW-14
The updated policy also expands the list of non-applicable discharges for which the policy does not apply and may, therefore, still require a permit. The revised CW-14 is not applicable to discharges from an area associated with “Industrial Activity”[iii] or to discharges that have come into contact with active Construction Activities.[iv] Nor does the revised policy apply to discharges from any short-term (less than two years) dewatering activities, including those eligible for coverage under general permits COG080000, Discharges From Short-Term Construction Dewatering Activities, and COG317000, Discharges from Short-Term Remediation Activities (or the equivalent renewed general permits). It also does not apply to discharges from well development and pumping tests that are eligible for coverage under general permit COG608000 (or the equivalent renewed general permit). For a full list of non-applicable discharges, please refer to the revised policy.
What does this mean for current COG318000 permit holders?
If an existing COG318000 permit holder has not submitted a permit renewal application by May 31, 2025, the permit will expire on that date. After expiration, the Division “does not intend” to pursue enforcement action against an owner or operator of a previously authorized dewatering system while the updated policy is in force, provided the discharge meets the conditions, criteria, or control measures of the policy.
If, however, an existing COG318000 permit holder’s dewatering discharges will not comply with the updated policy (either because the discharges are from ineligible activities or do not meet the conditions, criteria, or control measures), the permit holder should submit its renewal application for permit coverage of these discharges. The Division will determine the appropriate response for unpermitted or unreported discharges for which the revised policy does not apply.
Owners and operators of dewatering discharges currently covered by the updated CW-14 policy should periodically ensure that their activities remain covered by the policy since the Division has indicated that the extension of the policy is not meant to be a long-term solution for long-term foundation dewatering discharges.
Owners and operators are responsible for identifying sources of groundwater contamination at the dewatering location and conducting source water sampling and analysis to determine whether the discharge will cause serious environmental harm, adverse impacts to the beneficial uses of state waters, or whether it poses an imminent or substantial endangerment to public health and/or the environment.
If you have any questions about the updated policy or how it may affect your permitting needs, please contact Melanie Granberg or Ixchel Parr-Culver.
[i] The updated policy expands the list of CW-14 applicable dewatering activities although as before, non-applicable discharges may exist within the permit-exempted categories.
[ii] Foundation dewatering systems to which the revised policy applies are pumping systems that are installed to displace groundwater to protect or maintain the underground portions of buildings, drinking water impoundments, and transportation-related infrastructure such as bridges/over-passes, and similar subterranean features.
[iii] The definition of “Industrial Activities” was expanded to include: activities at recycling stations; activities with groundwater contamination at hazardous waste treatment, storage, or disposal facilities operating under an administrative or court order or permit; activities with groundwater contamination at CERCLA sites or facilities; sites required to remediate groundwater contamination from leaking underground storage tanks; and activities at sites where institutional controls prohibit access to or consumption of groundwater.
[iv] “Construction Activities” are defined as “[g]round surface disturbing and associated activities (land disturbance), which include, but are not limited to, clearing, grading, excavation, demolition, installation of new or improved haul roads and access roads, staging areas, stockpiling of fill materials, and borrow areas.”