5 Colo. Code Regs. § 1002-22.17
The subject regulations are for the implementation of the Colorado Water Quality Control Act, C.R.S., 25-8-101, et seq. Section 25-8-702(1)(a) specifically requires the Water Quality Control Division to approve the site location of any domestic wastewater treatment works with designed capacity greater than 2,000 gallons per day prior to the commencement of the construction or expansion of the treatment works.
The regulations are intended to advise applicants for site approvals of the proper procedures for obtaining the site approvals and as to the minimum information necessary for the Division to determine if a site application should be approved.
Section 25-8-702 (2) specifically states: "In evaluating the suitability of a proposed site location for a domestic wastewater treatment works, the Division shall:
The only scientific and technological issues involved in these regulations are the preliminary design data, comprehensive planning, and facility management considerations which must be submitted to the Division so it may evaluate the site application against the statutory mandate. However, these regulations do not specify the details of such requirements since each application must be evaluated on its own terms. Therefore, further explanation here is unnecessary.
The site application forms will require submittal of technical data which allow the Division staff to evaluate such things as service area and population, treatment capabilities and alternatives, flood plain information, financial capabilities, and legal and institutional arrangements. Also, in regard to comprehensive planning, the forms will require information as to the relation of the proposed facility to existing and regional facilities and require that appropriate local governments and planning agencies have an opportunity to review the proposed project. An explanation of the costs of compliance with these regulations is discussed in the fiscal impact statement.
In considering the economic reasonableness of its action in adopting these regulations the Commission considered the cost of compliance with the expected benefits of maintaining existing uses of State waters. It found the costs of compliance to be an insignificant part of the overall scheme for protecting the State's waters. In addition, much of the cost of compliance with these regulations was considered by the General Assembly in adopting the site approval requirement and would be incurred in the planning process and in obtaining a State discharge permit.
5 CCR 1002-22.17