5 Colo. Code Regs. § 1003-2-100.45
The provisions of section 25-9-104(4), C.R.S. (2008), provide the specific statutory authority for the adoption of these amendments to the established regulatory provisions of Regulation 100 (5 CCR 1003-2). 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
Subsection 100.2(12). The Board added a definition of "Responsible Person" that sets requirements for persons charged with the responsibility for supervising Class 2 industrial wastewater operations and for ensuring compliance with the facility's discharge permit requirements. The Board intends that such persons receive adequate and ongoing training in areas relevant to their responsibilities, such as specific measures used to meet effluent limits, monitoring, inspection, planning, reporting, and documentation requirements.
Subsection 100.2(18). The Board adopted a definition of "Passive Wastewater Treatment" that parallels the statutory language of section 25-9-104(4)(d), C.R.S.
Subsection 100.6.1. The Board adopted this amendment to Regulation 100 to implement the provisions of section 25-9-104(4), C.R.S., as amended by the Colorado General Assembly in 2008. The Board recognizes that there are wastewater treatment activities in Colorado that require only passive treatment in order to meet Colorado Discharge Permit System ("CDPS") effluent limitations. The Board also recognizes that many of these activities are currently managed under a variety of Best Management Practice ("BMP") requirements. Additionally, the Board recognizes that it is current practice in many of these industrial activities to place the facility/activity under the supervision of an environmental professional responsible for effluent quality, for overseeing monitoring, and for ensuring timely and accurate discharge monitoring reporting.
In light of the above considerations, the Board divided permitted industrial wastewater facilities into two distinct classes. Class 2 facilities shall not be subject to the requirements to operate under the supervision of a certified operator. The Board maintained the requirement for all industrial wastewater facilities not classified as class 2 facilities to remain subject to the requirements of Regulation 100 to operate under the supervision of a certified operator and designated these facilities as class 1 facilities.
Subsection 100.6.1(b)(i). The Board has determined that facilities/activities which discharge solely under the authority of stormwater permits shall be classified as class 2 facilities without the need for specific Board action other than the adoption of this amendment to Regulation 100. The Board recognizes that such facilities utilize only passive treatment or no treatment of stormwater and are subject to significant requirements, including the filing of and adherence to Stormwater Management Plans. The Board has determined that facilities subject to stormwater discharge permits are appropriately classified as class 2 pursuant to the criteria in section 25-9-104(4) C.R.S. since these discharges generally do not contain substantial concentrations of toxic pollutants and do not require chemical, mechanical, or biological treatment. The Board intends that the designation as class 2 shall include facilities discharging under the authority of municipal stormwater permits, industrial stormwater permits and construction stormwater permits. The Board does not grant automatic class 2 classification to facilities discharging under the authority of combined process water and stormwater permits.
The Board has further determined that facilities/activities discharging pursuant to the Water Quality Control Division's "Low Risk Discharge Policy" shall be classified as class 2 facilities. The Board recognizes that the discharge from such activities is considered to pose minimal risk of environmental degradation. Such discharges generally do not contain substantial concentrations of toxic pollutants and do not require chemical, mechanical, or biological treatment. The Board further recognizes that water distribution systems holding "Treated Water Distribution System" permits are already required to be under the direct supervision of certified water distribution system operators whose training and certification criteria include the handling of the type of discharges covered under these permits. Similarly, water treatment facilities holding "Water Treatment Plant Discharge" permits are already required to be under the direct supervision of certified water treatment operators whose training and certification criteria include the handling of the type of discharges covered under these permits.
Subsection 100.6.1(b)(ii). The Board recognizes that there are additional CDPS general industrial discharge permits whose effluent requirements can ordinarily be met by utilizing, at most, passive treatment techniques. These general industrial permits are listed within the amendment in subsection 100.6.1(b)(ii). The Board has provided that facilities holding these discharge permits shall be recognized as class 2 facilities based upon the Water Quality Control Division's verification of a facility's written certification that effluent limitations can be met utilizing only passive treatment and that the facility is under the supervision of a responsible person as defined in subsection 100.2(21) of this regulation. Verification by the Division will serve to confirm that a facility qualifies as a class 2 facility consistent with the classification determinations made by the Board in revisions to Regulation 100. The Board intends that the Division retain a record of such classifications. The Board recognizes that facilities denied a class 2 classification may appeal the Division's determination to the Board pursuant to section 100.24 of this regulation.
Subsection 100.6.1(b)(iii). The Board further recognizes that certain facilities are required to hold individual industrial discharge permits rather than general industrial discharge permits. Individual permits are usually required either because of the sensitivity of the receiving waters, the nature of the effluent, or the complexity of the treatment required in order to meet effluent limitations. The Board has reserved to itself the authority to grant a class 2 classification to such facilities. The Board has provided that such facilities may submit a request for reclassification to the Board. This request shall include a demonstration that the facility's operations meet the applicable considerations of section 25-9-104(4), C.R.S.; that effluent limitations can be met utilizing only passive treatment; and that the facility is under the supervision of a responsible person as defined in subsection 100.2(21) of this regulation. The Board will forward the material submitted with the request to the Division for evaluation and recommendation. The Board will approve or deny such requests at an adjudicatory hearing at a regular Board meeting.
The Board recognizes that there are certain general industrial permits that authorize discharges from types of activities which are inherently more complex than those described in section 100.6.1(b)(ii) above. It is the Board's intention that facilities discharging under the authority of general permits other than those listed in subsection 100.6.1(b)(ii) should follow the reclassification procedure outlined for facilities holding individual industrial discharge permits.
Conditions Applicable to Subsections 100.6.1(b)(2) and 100.6.1(b)(iii). In order to ensure that facilities meet the requirements for class 2 classification on a continuing basis, the Board has provided that each facility classified as a class 2 facility under subsection 100.6.1(b)(ii) or subsection 100.6.1(b)(iii) shall submit an annual certification confirming that the conditions under which its classification was granted are still being met and that ongoing annual training has been provided to the designated responsible person. The Board does not intend that a detailed accounting of the nature or timing of such training be submitted with each annual certification.
The Board may reclassify a class 2 facility to class 1 if that facility fails to meet the requirements of its discharge permit or if the facility's operational practices result in a direct, negative impact on the public health or the environment.
5 CCR 1003-2-100.45