5 Colo. Code Regs. § 1002-22.10

Current through Register Vol. 47, No. 20, October 25, 2024

Section 5 CCR 1002-22.10 - APPLICATION PROCEDURES FOR AMENDMENT OF EXISTING SITE LOCATION APPROVAL

(1) The application for amendment of an approved site location is available for domestic wastewater treatment works projects. For lift stations, the application for amendment of an approved site location shall be made to the Division on the proper form with a list of the review authorities, as defined in section 22.9 , to whom the amendment proposal has been provided. For domestic wastewater treatment plants, the application for amendment of an approved site location shall be made to the Division on the proper form with a list of the review authorities, as defined in section 22.6 , to whom the amendment proposal has been provided. In either case, review agencies shall have 15 working days from receipt of the application to review and comment directly to the Division unless a brief (less than 15 working days) extension is requested in writing. The Division will not deem a lack of comments from such agencies within the specified comment period as a recommendation for denial during its consideration of the application. The applicant is not required to provide copies to review authorities for the types of disinfection modifications as described in section 22.10(2)(a)(ii).

(a) Forms shall be available from the Water Quality Control Division, 4300 Cherry Creek Drive South, Denver, Colorado, 80246-1530 and on the Division's web page.

(b) The applicant, in consultation with the Division, should also evaluate whether a discharge permit modification or Request for Chemical Evaluation form is necessary and file the appropriate application with the Division if it is needed.

(c) For all site location amendment applications, accompanying the application shall be an adequate engineering report describing the proposed project. The report shall be considered the culmination of the planning process. A complete process or basis of design report is not necessary for the site location application or to obtain site location approval. Design review procedures are described in section 22.13 . The engineering report submitted with the application shall meet all requirements of Section 22.4 , including containing all information the Division must consider pursuant to sections 22.3 and 22.5 and address and/or include the following at a minimum:

(i) Description/purpose of project and summary of proposed change.

(ii) Map identifying the site of the proposed facilities.

(iii) Site Plan or Process Flow Diagram (before and after proposed change).

(iv) Analysis of the loading, capacity and performance of the existing treatment works.

(v) Changes to existing service area, population and loading projections.

(vi) Description of how the proposed project will impact the performance of other parts of the treatment works and the impact on the facility's ability to meet effluent limitations (existing and proposed).

(vii) Estimated cost of project and funding source.

(viii) Facility classification implications of project and staff or contractual facility operator certification.

(ix) Project schedule.

(x) Geotechnical information per section 22.6(1)(b)(vii) for new structures.

(xi) Copy of Request for Chemical Evaluation form and Water Quality Control Division, Permits Section's associated decision, as required.

(xii) Change in outfall sewer location (if required).

(xiii) Copies of agency referral notifications.

(xiv) Water quality planning targets developed in accordance with section 22.6 including changes in target reclaimed water categories and standards - if required.

(xv) A description of anticipated future effluent limits and a narrative description of the long range plan to achieve those future effluent limits and how the proposed project fits within the long range plan.

(2) An amendment is not required if the changes consist of in-kind replacement, or operation and maintenance described in 22.12(1) or do not include construction. An amendment to the site location approval shall be required for any one of the following changes from conditions reflected in an approved site application or from conditions at a domestic wastewater treatment plant constructed prior to November 1967 and not expanded or amended (modified) since that date:

(a) Physical changes to any of the following treatment processes that is not associated with a design capacity change:

(i) Any changes in type of disinfection to include chlorine gas or from other types of disinfection to chlorination. (A change from other types of disinfection to any form of chlorination requires that a water quality planning target for residual chlorine be obtained and included in the application).

(ii) A change in disinfection type (i.e., from gas chlorination to liquid chlorination, from any form of chlorination to ultraviolet light disinfection, bromine chloride, chlorine dioxide, peracetic acid, or other accepted disinfection chemicals).

(iii) Changes or additions to the liquid stream treatment processes (e.g., sizing, technology, configuration, or recycle stream associated with preliminary, primary, secondary, or tertiary treatment) that could impact hydraulic, pollutant(s), or solids loadings to the treatment process.

(iv) Changes or additions to the unit processes in the solids stream treatment processes (e.g., aerobic or anaerobic digestion, dewatering, composting, etc.) that would change the characteristics of the recycle stream or biosolids.

(v) If a treatment entity is contemplating a physical change to its treatment works that is similar in scope to those listed above, but is not precisely covered by this list, then the entity must request a Division decision by submitting an analysis from a professional engineer registered to practice in the State of Colorado describing the proposed changes and describing how those changes would affect the performance of other parts of the treatment works, downstream treatment works, and effluent quality. Where such an analysis is submitted, the Division shall evaluate the proposed process change considering the list above and provide a written response to the entity either stating that the changes may either be made without amending their previous site location approval and obtaining design approval, or require a site application amendment and subsequent design review. Such letter from the Division shall clearly specify that the changes executed must not be more extensive than those proposed in the engineer's analysis.

(b) A decrease or expansion in the approved, rated design capacity of the treatment works, as long as no construction is to take place, or a change in the design flow portioning that does not change the design capacity. An increase or decrease in hydraulic capacity for a treatment plant will require that the existing effluent limitations be analyzed in coordination with the Division to determine whether new water quality planning targets must be developed. Any changes in treatment requirements necessitated by more stringent water quality planning targets must be addressed by the proposed amendment to the site location.

(c) The addition of, or increase of a treatment process to generate reclaimed domestic wastewater following secondary treatment at an existing treatment plant that has previously received site location and design approval. This amendment would also cover the change in type of discharge employed which includes treatment changes to achieve more restrictive reclaimed water categories and standards. Site approval amendments are not required for adding re-use sites in accordance with the Reclaimed Domestic Wastewater Regulation (5 CCR 1002-84).

(d) The following changes in the type of discharge employed, where there is no change in the treatment process:

(i) From a surface water discharge to a ground water discharge, or vice-versa, at the same approved site location, subject to appropriate water quality planning targets; or

(ii) A partial or complete change from a surface water or ground water discharge to reclaimed water use subject to the requirements in the Reclaimed Domestic Wastewater Control Regulation (5 CCR 1002-84). Such amendment is only required for the first instance when reclaimed water use is implemented unless there is a subsequent request to change reclaimed categories that requires the system to meet different water quality planning targets. Site approval amendments are not required for adding reclaimed water use sites in accordance with the Reclaimed Domestic Wastewater Regulation (5 CCR 1002-84).

(3) An amendment to the lift station site location approval shall be required for any of the following changes that do not increase the design capacity of the lift station. The applicant shall follow the notification procedures under Section 22.9 . Any modifications for the purposes of biological treatment at the lift station are not considered as a site location amendment and will be handled on a case by case basis to be determined by the Division. The following are examples of the type of changes to a lift station that require amendment to the lift station site location approval:

(a) Addition or modification of odor control treatment at the lift station.

(b) Addition or modification of emergency storage or wetwell capacity.

(c) Addition or modification of grinding/screening equipment.

(d) Addition or modification of back-up power (generator).

(e) Rehabilitation or replacement not meeting the definition of in-kind replacement, due to facility age or for operational improvements including the inlet piping or associated force main(s) as long as improvements do not increase the design capacity of the lift station.

(f) Standard operation & maintenance activities and in-kind replacement (see Section 22.12 for In-Kind Replacement requirements) of infrastructure are excluded from the requirement to submit a site location amendment.

5 CCR 1002-22.10

43 CR 10, May 25, 2020, effective 6/14/2020