5 Colo. Code Regs. § 1002-11.53
The Colorado Revised Statutes (CRS), § 25-1.5-202, provide specific authority for adoption of these regulatory amendments. The Commission also adopted, in compliance with § 24-4-103(4), CRS, the following statement of basis and purpose.
BASIS AND PURPOSE
The Office of Legislative Legal Services (OLLS) raised concerns regarding subsections 4.6 , 4.6 , 4.6 and 4.7 of Colorado's Primary Drinking Water Regulations. OLLS's concerns related to public meetings for small drinking water system variances. OLLS objected to language which provided for a meeting if there is "sufficient interest" in such a meeting. OLLS expressed the opinion that such language is vague, and may be inconsistent with and less stringent than corresponding federal requirements.
While the Commission and Division did not necessarily agree with OLLS's position, the Commission amended the cited subsections to resolve OLLS's concerns. The Commission deleted the "sufficient interest" language to address OLLS's vagueness concerns. New section 4.3(h) was added, which is identical to 40 CFR § 142.309(A), to address OLLS's concern that the regulations may contradict or be less stringent than the federal program. Subsection 4.7 was amended to include a provision that allows the Division to deny frivolous or insubstantial public meeting requests, consistent with 40 CFR § 142.44(c).
5 CCR 1002-11.53