5 Colo. Code Regs. § 1002-21.6
Current through Register Vol. 47, No. 20, October 25, 2024
Section 5 CCR 1002-21.6 - Appeals from Decisions of the Division Under Section 702 of the Act (Site Locations, Designs for Construction or Expansion)A. The Division shall review site applications and designs for the construction of domestic wastewater treatment works or the enlargement of the capacity of an existing domestic wastewater works, in accordance with section 702 of the Act and the regulations promulgated thereunder, 5 CCR 1002-22, Regulation No. 22 et seq. The Division shall not conduct hearings pursuant to section 21.4 of this regulation with respect to such matters.B. Decisions by the Division on site approvals or facility designs must be appealed to the Commission by any person adversely affected or aggrieved as a prerequisite to the right of judicial review pursuant to the APA. The appeal shall be made in writing to the office of the Administrator of the Commission and must be postmarked no later than 30 days after the date of the mailing of the Water Quality Information Bulletin sent to those persons on the mailing list maintained by the Division pursuant to section 25-8-302(1)(e), C.R.S. Within 90 days of the filing of the appeal the Commission shall commence a hearing to consider such appeals in accordance with section 105 of the APA and section 21.4 of this regulation. If appeal is made to the Commission, the decision shall be made in accordance with the criteria specified in Regulation No. 22 section 22.5 of the regulations for site applications.38 CR 07, April 10, 2015, effective 4/30/201540 CR 07, April 10, 2017, effective 4/30/2017