5 Colo. Code Regs. § 1002-22.19
The provisions of 24-4-103(4), 25-8-202(1)(e), (I), and (2) and 25-8-702, C.R.S., provide the specific statutory authority for consideration of the regulatory amendments proposed by this Notice. The Commission also adopted, in compliance with 24-4-103(4), C.R.S., the following statement of basis and purpose.
Basis and Purpose:
The existing requirements which are being addressed in this proceeding have been in place since their original adoption in 1981. During this time, the Commission has become aware of minor deficiencies with these requirements. The changes adopted in this proceeding will further clarify already existing requirements for applicants as well as easing time constraints on all parties affected by appeal proceedings.
The title of the regulations has been shortened to make it less cumbersome and to reflect the process to which it applies.
A definition of a vault has been incorporated as 22.2 to clarify the status of this type of Individual Sewage Disposal System (ISDS) with respect to this process. Vaults are recognized as a form of ISDS through 25-10-105(1)(h) and, as provided by Paragraph II.A, of the Guidelines On Individual Sewage Disposal Systems, required to obtain site approval when design flows exceed 2,000 gallons per day.
The required elements of the engineering report have been modified to include an analysis of opportunities for consolidation of treatment works together with other treatment alternatives at 2.2.4(3)(c)(iv). This should serve to reduce site application review times by providing information on feasibility necessary to comply with 25-8-702(2)(c).
The status of an approval which is under appeal to the Commission has been clarified by modifying 2.2.5(4). In at least two instances, applicants have questioned whether the approval date was the date of the Division action or the date of the Commission action. To clarify this confusion, the Commission has defined the date of its ruling on an appeal as the effective date of the approval.
The means of providing public notice of site application actions has been changed to reflect the correct title of the Commission's bulletin.
The present requirements provided only a sixty (60) day time frame within which to commence a hearing. This has created scheduling problems for the Commission and placed an undue hardship on all parties in adequately preparing for a hearing on such short notice. The Commission has, therefore, amended 2.2.5(7) of the regulation to allow up to ninety (90) days from receipt of an appeal to the commencement of a hearing.
5 CCR 1002-22.19