DENVER (KDVR) — Suncor is suing the state of Colorado’s Water Quality Control Division, alleging that the division has been inconsistent in how it issues Colorado Discharge Permit System permits.
These permits regulate “point source discharges” into the state’s surface bodies of water — in this case, the Sand Creek tributary into the South Platte River. Soon, Suncor will be operating on a permit issued by the division and described in the lawsuit as a “final renewal permit” for the refinery. The permit has an effective date of May 1.
Suncor is alleging that the renewal permit “contains numerous terms and conditions that are arbitrary, capricious, unlawful, unsupported by the record, and unnecessary to protect water quality, including permit conditions that were not in the Draft Permit and had not been addressed in public comments,” according to the lawsuit.
Suncor is an oil refinery in Commerce City, and according to the company, the site produces approximately 98,000 barrels of fuel and petroleum products every day.
The Colorado Department of Public Health and the Environment, of which the water quality control division is part, offered FOX31 a statement on the lawsuit.
“We are aware of the lawsuit. We drafted the most stringent water permit in Suncor’s history and are committed to protecting our waterways. Our permitting process included substantial stakeholder outreach, and we worked with numerous community organizations as we crafted the permit,” the agency said.
According to the lawsuit, these measures included requirements of Suncor to:
- Reduce salt content “at a cost of hundreds of millions of dollars … even though the river downstream of Suncor’s discharge meets the applicable standards”
- Meet an arsenic standard that is “stayed throughout the state”
- Conduct groundwater studies or expend “significant costs to line the Burlington Ditch,” additionally alleging that there’s no demonstrated migration of groundwater into the ditch
The company argued the division unfairly leveled these measures at Suncor, alongside eight other conditions listed in the lawsuit and “numerous other conditions that are unreasonable, costly, contrary to law and the division’s own guidance, and lack public benefit.”
Suncor is seeking a stay on the measures in the renewal permit, including the salt reduction measures. Chlorides are salts, the lawsuit states, and the Water Quality Control Division included a water quality-based limit in the permit because of the potential that Suncor would be discharging water with chloride levels above the company’s historical discharge levels. However, the limit is set lower than Suncor’s historical levels, according to the lawsuit.
Suncor noted in the lawsuit that it believes not getting a stay on the permit would restrict its “options for treating multiple per- and polyfluoroalkyl substances at its wastewater treatment plant.” Per- and polyflouroalkyl substances, aka PFAS, are manmade chemicals that have been around since the 1940s and are designed to waterproof and stainproof products.
Suncor asked for a declaratory judgment in its first claim for relief. The lawsuit says the Water Quality Control Division tried to improperly require that permit holders identify the specific page or comment number where an issue was raised or potentially prevent that issue from being heard at the hearing.
Suncor also argued that the new measures included in the renewal permit should be subject to a judicial stay because there is not sufficient corresponding public benefit to ensure the protection of public health and the environment.
Suncor is asking the court to put a story on the permit conditions and let the judge review the appeal. The lawsuit was filed on April 15 in the Adams County District Court. The state has not yet responded to the lawsuit.
FOX31 has reached out to the Water Quality Control Division, a branch of the Colorado Department of Health and Environment, for comment. This story will be updated with new information or statements as they are received.
