5 Colo. Code Regs. § 1003-7-1

Current through Register Vol. 47, No. 11, June 10, 2024

Section 5 CCR 1003-7-1 - GENERAL PROVISIONS

A. Purpose

The purposes of these regulations are to ensure that the quality of waste discharged on land for beneficial uses is reasonably consistent with the protection of the public health and to establish rules and regulations for the engineering, design and operation of water treatment sludge disposal sites and facilities which serve the purposes set forth in C.R.S. 1973, 30-20-109 and 25-1-107 (as amended). Water treatment sludge disposal sites and facilities for which a Certificate of Designation has been issued are exempted from the provisions of these regulations.

These regulations also provide the regulatory framework to allow implementation of the sludge management program fee system pursuant to C.R.S. 1986, 30-20-110.5.

B. Definitions

As used in these regulations, unless the context otherwise requires:

(1) "APPLICATION SITE" means all contiguous areas of a user's property intended for sludge applications.

(2) "APPLY" means to place onto or into the soil till zone.

(3) "BENEFICIAL USE" means the use of the nutrients and/or moisture in the sludge to act as a soil conditioner or low grade fertilizer for the promotion of vegetative growth on the land.

(4) "BENEFICIAL USE CERTIFICATION" means the Department's written approval indicating the conformance of a proposed beneficial use of water treatment sludge with the criteria contained in this regulation.

(5) "BENEFICIAL USE PLAN" means the written application for Department authorization to land apply water treatment sludges.

(6) "BIOSOLIDS" means the accumulated residual product resulting from a domestic wastewater treatment works. Biosolids does not include grit or screenings from a wastewater treatment works, grease, commercial or industrial sludges, or domestic or industrial septage. Beneficial use of biosolids is regulated under the Colorado Biosolids Regulations.

(7) "BOARD" means the State Board of Health.

(8) "CO-APPLICATION" means to application of both biosolids and water treatment sludges to the same beneficial use site. Co-application of biosolids and water treatment sludges is subject to the requirements of the Colorado Biosolids Regulations.

(9) "DEPARTMENT" means the Colorado Department of Health.

(10) "FERTILIZER" means any organic or inorganic material that is added to the soil to supply elements essential to plant growth.

(11) "MUNICIPALITY" means any regional commission, county, metropolitan district, water conservancy district, metropolitan sewage disposal district, service authority, city and county, city, town, Indian tribe or authorized Indian tribal organization, or any two or more of the above which are acting jointly in connection with a sewage treatment facility.

(12) "PERSON" means an individual, corporation, partnership, association, state, or political subdivision thereof, federal agency, state agency, municipality, or commission.

(13) "PRODUCER" means a person operating a water treatment facility which generates water treatment sludge. The producer is that person who files a Beneficial Use Plan and in whose name any subsequent Beneficial Use Certification is issued. The producer is thereby responsible for assuring conformance of a proposed beneficial use of water treatment sludge with the criteria contained in this regulation.

(14) "ROOT CROPS AND LOW GROWING FRUITS AND VEGETABLES" means those crops, the edible portion of which grow below, at, or within one foot of the soil surface.

(15) "USER" means a person who owns or operates application site.

(16) "WATER TREATMENT PLANT SLUDGE" or "WATER TREATMENT SLUDGE" means the accumulated solids resulting from the processing of raw water in a treatment plant of a municipality.

C. Severability

Each provision of these regulations is severable and intended to be independently valid. Any determination that any provision of these regulations is invalid shall not operate to invalidate the remainder of the regulations.

D. Variance

The Department may grant a variance from any provision of these regulations in a particular case, where it determines that the public health benefits which will be created by compliance with the subject provision do not bear a reasonable relationship to the costs required to achieve compliance, and that the granting of a variance will be reasonably consistent with the protection of the public health.

Any person who requests a variance from a provision of these regulations shall have the burden of supplying the Department with that information which demonstrates that conditions exist which warrant the granting of a variance. A request for a variance may be filed simultaneously with the Letter of Intent, or at any other time provided good cause is shown for not having requested the variance at the time the Letter of Intent was submitted. The Department shall grant or deny a variance request within 90 days of receipt thereof. No person shall be considered to have obtained a variance until he has received a written statement from the Department granting the variance. In any such written statement, the Department shall identify the provision of these regulations from which a variance has been granted, and shall prescribe any other requirements which the person receiving the variance must meet, in lieu of the provision from which a variance has been granted. The Department shall prescribe such requirements as are reasonably consistent with the protection of the public health.

All variances granted by the Department in anyone month shall be reported to the Board of Health at its next regular meeting.

E. Enforcement

The Department shall enforce these regulations pursuant to C.R.S. 1973, Section 25-1-114 and 30-20-113, -114 as amended.

F. References

The attached statement of basis and purpose is incorporated by reference. With respect to material incorporated herein by reference these regulations do not include future amendments to or editions of such material. Copies of such material may be acquired by contacting the Director, Water Quality Control Division, Colorado Department of Health, 4210 East 11th Avenue, Denver, Colorado 80220.

G. Effective date

These regulations shall take effect on February 19, 1993.

5 CCR 1003-7-1