5 Colo. Code Regs. § 1002-21.8
Current through Register Vol. 47, No. 20, October 25, 2024
Section 5 CCR 1002-21.8 - Water Quality Designations, Stream Standards and Classification Hearings pursuant to Section 25-8-207 C.R.SA. Substantive requirements relating to reviews pursuant to section 25-8-207, C.R.S., are set forth in the Basic Standards and Methodologies for Surface Water, Regulation No. 31, section 31.6(3)(b).B. Hearings for review of existing water quality designations, stream standards and classifications pursuant to section 25-8-207 of the Act shall be subject to the notice and hearings requirements required for stream standard setting and use classification hearings provided in section 21.3 M(1) and (2) of this regulation. Rulemaking hearings with respect to water quality designations, classifications and standards adopted prior to July 1, 1992, under this section shall be held as soon as practicable consistent with the requirements of the Commission's procedural regulations.C. The petitioner for review under section 25-8-207 of the Act shall bear the burden of proof. The petition shall include allegations which, if proven, are sufficient to support a finding pursuant to section 25-8-207 of the Act and section 31.6 of the Basic Standards and Methodologies for Surface Water, 5 CCR 1002-31, along with an alternative designation, standard or classification and a statement of Basis and Purpose for the alternative proposal. Except as provided in this section all petitions for review under this section shall comply with the requirements for proposals for rulemaking under section 21.3.B of this regulation.D. Upon petition for a review under section 25-8-207, the Commission shall, in addition to public notice, give notice to all dischargers on the segment to be reviewed and other interested persons of which it has actual knowledge that the water quality designations, segment stream standards and use classifications shall not again be reviewed under section 25-8-207 until triennial review under section 25-8-202 C.R.S., except upon the Commission's own motion. All dischargers on the affected segment and all other interested persons shall be entitled to participate in the review as provided in section 21.3 of this regulation.E. Except as provided in this section, hearings under this section shall be held in accordance with the requirements of section 21.3 of this regulation.38 CR 07, April 10, 2015, effective 4/30/201540 CR 07, April 10, 2017, effective 4/30/2017