5 Colo. Code Regs. § 1003-2-100.36
The provisions of sections 29-5-104(1)(a), 25-9-104(3), 25-9-104(4) and 25-9-106.2, C.R.S., provide the specific statutory authority for the adoption of these regulatory provisions. The Board also adopted, in compliance with section 24-4-103(4), C.R.S, the following statement of basis and purpose.
BASIS AND PURPOSE
The Board recognizes that there are a variety of industrial facilities whose wastewater handling involves only physical settling, filtration, or separation processes. These facilities process wastewater without chemical addition and normally require only the monitoring of otherwise passive physical processes. The Board has determined that such facilities represent a lower degree of complexity than is represented by the "C" level of the existing industrial wastewater facility classifications. The Board also recognizes that the facilities described above do not require the supervision of an industrial wastewater facility operator having the level of expertise required of a "C" level operator. Therefore, the Board has determined that a new industrial wastewater facility classification, the "D" level is appropriate. This classification shall consist of facilities whose wastewater handling is purely physical and is without routine chemical addition or complex mechanical manipulation. Subsection 100.6.2 is amended to establish the "D" level industrial wastewater facility classification.
To provide for the proper supervision of "D" level industrial wastewater facilities, the Board establishes a "D" level industrial wastewater facility operators certification. This certification level shall have the same initial certification and renewal requirements as the "D" level water treatment and domestic wastewater treatment certifications.
To allow a degree of flexibility for facilities that only occasionally use processes classed at a higher level than those regularly employed, the Board has broadened the language of subsection 100.6.4 to allow for the occasional use of such processes without requiring a facility classification upgrade.
This subsection describes the experience requirement for "D" level operators. The subsection is amended to include "D" level industrial wastewater operators within its existing provisions.
This subsection is amended to include "D" level industrial wastewater as a listed facility classification and operator certification level. The final paragraph of subsection 100.21.5 was made obsolete by the rulemaking of August 28, 2001, and is hereby deleted.
5 CCR 1003-2-100.36