5 Colo. Code Regs. § 1002-22.12
Current through Register Vol. 47, No. 20, October 25, 2024
Section 5 CCR 1002-22.12 - IN-KIND REPLACEMENT(1) The owner of a domestic wastewater treatment works (or its designee) that installs structures or equipment that meets the definition of in-kind replacement shall submit written notice of the nature and extent of such replacement to the Division no later than fifteen (15) working days after the replacement work has been put into service. Notice for in-kind replacement shall be made to the Division on the proper form. The notification may include multiple, independent pieces of equipment or structures that qualify for in-kind replacement within a single written notice of in-kind replacement. Division notification is not required for operation and maintenance activities or identical replacements of a process treatment component or hydraulic conveyance component including but not limited to, replacement with the same size and technology in the same location or for replacement of valves, non-wastewater lifting pumps, piping, pipe relining, yard structures, motors, splitter structures, manholes, vaults, samplers, monitoring equipment, and support systems. Unless waived by the Division, a site location and design review application is required for replacement of equipment outside of the property approved under the latest site application. (a) The form 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 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) Existing domestic wastewater treatment works information: (A) Site location approval number and date of existing approval for the site.(B) Name of domestic wastewater treatment works facility.(C) Domestic wastewater treatment works treatment process description. (ii) In-kind Replacement Details (A) In-kind project description;(B) Installation date of original equipment identified for in-kind replacement and proposed date of in-kind replacement;(C) Description of existing and proposed equipment including critical information demonstrating that replacement meets the definition of in-kind replacement;(D) Discussion of the in-kind replacement reason(E) Discussion of whether the existing equipment received a variance, deviation, or alternative technology acceptance as part of the original design approval process and if so, describe the specifics of the variance, deviation, or alternative technology acceptance;(F) Identification of the Colorado Discharge Permit System number for the facility or facility receiving the flow if a lift station or interceptor.(3) Existing appurtenances of a domestic wastewater treatment works that do not have site location and design approval are not eligible for in-kind replacement.(4) In-kind replacement may occur at a different location within the existing approved site. Replacements that cannot occur within the existing, approved site are considered to be new and are subject to the requirements of section 22.6, 22.8, or 22.9, as applicable.(5) Where an increase in the hydraulic and/or organic capacities of a domestic wastewater treatment works is being requested based on one or more in-kind replacements of structures or equipment, the Division may require the owner to submit an application for a facility expansion in accordance with section 22.7 of this regulation.(6) Components meeting the definition of in-kind replacement may be brought into conformance with current design criteria requirements at the originally approved component's designed capacity.(7) Design approval pursuant to Section 22.13 is not required for components that qualify as in-kind replacement.43 CR 10, May 25, 2020, effective 6/14/2020