5 Colo. Code Regs. § 1002-22.2

Current through Register Vol. 47, No. 11, June 10, 2024

Section 5 CCR 1002-22.2 - DEFINITIONS

(1)"AMENDMENT" means a change to an existing site location approval or a change to an existing domestic wastewater treatment works constructed before November 1967 and not expanded since that date, meeting the requirements of section 22.10 , and for which reduced information requirements and a streamlined review process apply.

(2)"APPLICATION" means the combined materials necessary to fulfill the requirements of section 22.6 , 22.7 , 22.8 , 22.9 , 22.10 , 22.11 , or 22.12 as appropriate. The combined materials may include the appropriate application forms, an engineering report, review agency recommendations and certifications.

(3)"APPROVAL" means the final action (decision) of the Water Quality Control Division approving a site location application, certification, or design. Except for in-kind replacements and demonstration projects, a site location approval shall specify the location and, in general, the type of domestic wastewater treatment works being approved and its design capacity. For in-kind replacements, a site location approval specifies the components that meet the definition of in-kind replacement. This action may take the form of an approval, acknowledgement of certification (for interceptors), or acknowledgement of in-kind replacement. In any case, the approval may include conditions of approval.

(4)"COMMISSION" means the Water Quality Control Commission created by section 25-8-201, C.R.S.

(5)"CONSTRUCTION" means entering into a contract for the erection or physical placement of materials, equipment, piping, earthwork, or buildings which are to be part of a domestic wastewater treatment works. Should an entity elect to build the improvements with in-house work forces, instead of contracted work forces, then construction shall be considered to begin when the entity initiates any action towards the erection or physical placement of materials, equipment, piping, earthwork, or buildings which are to be part of a domestic wastewater treatment works. When an entity enters into a contract for a non-traditional construction delivery approach, such as but not limited to, design-build or construction manager at risk, the portion of the contract covering preparation of the site application and/or design, including obtaining Division review and decision of the site location and design applications, is not "construction" and initiation of such activities by the entity is in conformance with this regulation.

(6)"COMPREHENSIVE PLAN" means the Master Plan adopted by a City, Town or County or an amendment to such plan. However, in the event that comprehensive plans overlap the subject property, then the plan developed by the local government having land use jurisdiction over the site shall be given primary consideration.

(7)"DEMONSTRATION PROJECT" means testing of an individual process, technology, or chemical, or combination(s) of processes, technologies, and/or chemicals at an existing facility that has previously obtained site location and design approval. Demonstration projects occur at a scale, location in the process, or configuration that may have the potential to affect water quality or treatment capabilities. Sufficient testing and data are needed to support an alternative technology application. Where that data does not already exist, is not applicable to, or cannot be correlated to accommodate Colorado-specific conditions, such as extreme temperatures and high-altitude facility installations, Colorado-specific testing and data may be needed to support an alternative technology application and a demonstration project may be required. Demonstration projects require site location approval prior to commencement of construction, operation, and testing. Any Division determination regarding whether a project is a demonstration project is separate from a Division determination of permit compliance and whether a permit modification is required.

(8)"DESIGN CAPACITY" means a domestic wastewater treatment works' capability to receive a specific domestic wastewater flow and/or pollutant load while meeting the water quality planning target(s), as applicable.

The term 'design capacity' applies to domestic wastewater treatment plants, onsite wastewater treatment systems, lift stations, and interceptors as follows:

(a) Domestic wastewater treatment plant

For a treatment plant, the design capacity is comprised of two components, the hydraulic capacity and the organic loading capacity. The hydraulic capacity shall be given in gallons per day (gpd) or million gallons per day (MGD). The organic loading capacity shall be given in pounds of 5-day biochemical oxygen demand (BOD) per day or carbonaceous biochemical oxygen demand (cBOD) per day. The design capacity for a treatment plant shall generally be expressed as a maximum monthly average. When equalization is present, the hydraulic component of design capacity shall be determined at a point prior to any flow equalization.

(b) Onsite Wastewater Treatment System

For domestic wastewater treatment works also considered in accordance with the Regulation 43 - On-site Wastewater Treatment Systems, the proposed design capacity shall generally be expressed as the maximum month average daily flow, at full occupancy.

(c) Lift station

For a lift station, the design capacity is expressed as the firm pump capacity (i.e., capacity with largest unit out of service).

(d) Interceptor

For an interceptor, the design capacity is expressed as the peak instantaneous hydraulic flow the interceptor is capable of conveying based on the limiting design conditions at a flow depth over internal diameter ratio of 0.8.

For all domestic wastewater treatment works, the design capacity may be expressed using another capacity measure where deemed appropriate by the Division.

(9)"DIVISION" means the Water Quality Control Division, Colorado Department of Public Health and Environment.

(10)"DOMESTIC WASTEWATER" means a combination of liquid wastes (sewage) which may include chemicals, household wastes, human excreta, animal or vegetable matter in suspension or solution, or other solids in suspension or solution which are discharged from a dwelling, building or other structure.

(11)"DOMESTIC WASTEWATER TREATMENT PLANT" (TREATMENT PLANT) means an arrangement of devices and structures for treating, neutralizing, stabilizing, or disposing of domestic wastewater, industrial wastes, and biosolids. A domestic wastewater treatment plant is one type (or element) of domestic wastewater treatment works. The term "domestic wastewater treatment plant" does not include industrial wastewater treatment plants or complexes whose primary function is the treatment of industrial wastes, notwithstanding the fact that human wastes generated incidentally to the industrial process are treated therein.

(12)"DOMESTIC WASTEWATER TREATMENT WORKS" (TREATMENT WORKS) means a system or facility for treating, neutralizing, stabilizing, or disposing of domestic wastewater which system or facility has a designed capacity to receive more than two thousand gallons of domestic wastewater per day. The term "domestic wastewater treatment works" also includes appurtenances to such system or facility such as outfall sewers and pumping stations and to equipment related to such appurtenances. The term "domestic wastewater treatment works" does not include industrial wastewater treatment plants or complexes whose primary function is the treatment of industrial wastes, notwithstanding the fact that human wastes generated incidentally to the industrial process are treated therein.

(13)"EFFLUENT LIMITATION" means any restriction or prohibition established under the "Colorado Discharge Permit System Regulations", Regulation 61 (5 CCR 1002-61).

(14)"EXPANSION" means design capacity increases of a domestic wastewater treatment works. An expansion involves an increase to the hydraulic or organic components of design capacity of the domestic wastewater treatment works. In- kind replacement of facilities or equipment does not constitute an expansion. To be available for use by the owner, the capacity provided by an expansion must be authorized in a discharge permit.

(15)"GPD" (gallons per day) or "MGD" (million gallons per day) are the units used to estimate or measure total domestic wastewater flow to a domestic wastewater treatment works.

(16)"IN-KIND REPLACEMENT" means replacement of any process treatment component or hydraulic conveyance component at an existing, approved domestic wastewater treatment works with a similar (i.e., not exactly alike or identical) component as part of normal or emergency replacements to assure continued compliance with applicable site location, design, and permit conditions, including effluent limitations. Replacement or technology upgrades that do not change the original intent of the equipment or structure being renovated, do not impact the design capacity, and do not require the application of alternate design criteria (e.g., change from chemical to ultraviolet light disinfection) qualify as in-kind replacement. In-kind replacement does not include operations and maintenance activities or identical replacements of any process treatment component or hydraulic conveyance component at an existing approved domestic wastewater treatment works; these activities may proceed without Division notification or site location approval.

(17)"INTERCEPTOR SEWER" means a sewer line with a nominal pipe diameter equal to or greater than 24 inches that conveys sewage by gravity, if it performs one or more of the following functions as its primary purpose:

(a) It intercepts domestic wastewater from a final point in a collection system and conveys such waste directly to a treatment plant;

(b) It is intended to replace an existing treatment plant or lift station and transports the collected domestic wastewater to an adjoining collection system or interceptor sewer for treatment;

(c) It transports the domestic wastes from one or more municipal collection systems to a regional treatment plant;

(d) It is intended to intercept an existing major discharge of raw or inadequately treated wastewater for transport directly to another interceptor sewer, lift station, or treatment plant.

A sewer with a minor number of building or lateral connections may be considered an interceptor sewer if it performs one or more of the functions listed above. Interceptor sewers are appurtenances to domestic wastewater treatment works.

(18)"LIFT STATION" (PUMPING STATION) means a wastewater pumping station that pumps wastewater to a different point when the continuance of the gravity sewer at reasonable slopes would involve excessive depths of bury or that pumps wastewater from areas too low to drain into available sewers. This definition does not include wastewater pumping stations that are designed to receive 2,000 gpd or less of domestic wastewater. Lift stations are appurtenances to domestic wastewater treatment works. Force mains are equipment of lift stations.

(19)"MANAGEMENT AGENCY" means a local, regional, or state agency or political subdivision designated by the governor, in consultation with the designated planning agency and in accordance with section 208 of the Federal Clean Water Act and State Law, that is responsible for implementing all or part of an approved regional water quality management plan.

(20)"MUNICIPALITY" means any regional commission, county, metropolitan district offering sanitation service, sanitation district, water and sanitation district, water conservancy district, metropolitan sewage disposal district, service authority, city and county, city, town, Indian tribe or authorized Indian tribal organization or any two or more of them which are acting jointly in connection with a domestic wastewater treatment works.

(21)"ON-SITE WASTEWATER TREATMENT SYSTEM (OWTS)" means an absorption system of any size or flow, or a system or facility for treating, neutralizing, stabilizing, or dispersing sewage generated in the vicinity, which system is not part of or connected to a sewage treatment works. An OWTS with a design capacity greater than two thousand gallons per day is a domestic wastewater treatment works and subject to this regulation (Regulation #22).

(22)"OUTFALL SEWER" means a sewer that receives treated wastewater from a treatment plant and carries it to a point of final discharge. This definition does not include reclaimed domestic wastewater distribution and transmission system piping. Outfall sewers are appurtenances to domestic wastewater treatment works.

(23)"PERSON" means an individual, corporation, partnership, association, state, or political subdivision thereof, federal agency, state agency, municipality, commission or interstate body.

(24)"PILOT PROJECT" means testing of an individual process, technology, or chemical, or combination(s) of processes, technologies, and/or chemicals at an existing facility that has previously obtained site location and design approval. Pilot projects occur at a scale, configuration, and location in the process that does not qualify as a demonstration project. Examples of pilot projects include short-term equipment testing that does not impact the liquid stream directly or through recycle flows and process optimization to achieve more efficient treatment, reduction in pollutants discharged, or improved water quality and that occurs within the existing treatment configuration authorized under a previous site application. Pilot projects do not relieve permittees from complying with discharge permit requirements. The operation and configuration of pilot projects must be capable of being returned to approved site location and design conditions immediately and without capital construction. Pilot projects do not require site location approval prior to commencement. Any Division determination regarding whether a project is a pilot project is separate from a Division determination of permit compliance and whether a permit modification is required.

(25)"208 DESIGNATED PLANNING AGENCY" means an entity designated by the Governor, in accordance with section 208 of the Federal Clean Water Act and State Law, to produce and update a regional water quality management plan.

(26)"PRELIMINARY EFFLUENT LIMITATIONS (PELs)" means effluent limitations developed by the Division, or developed by the applicant for review and approval by the Division when the Division has not met its 180-day goal for certain kinds of PELs, that will serve as the effluent quality guidance for the alternative treatment facilities identified in the site location application and the selected alternative for the final design of the domestic wastewater treatment plant. PELs are determined for the proposed design flow and are set at a level such that the proposed treatment facility will not cause an exceedance of applicable water quality standards for those state waters to which the proposed discharge would be made.

(27)"RECLAIMED DOMESTIC WASTEWATER" means wastewater that has received treatment that enables the wastewater to meet the requirements, prohibitions, standards, and concentration limitations adopted by the Commission for subsequent reuses other than drinking.

(28)"REGIONAL WATER QUALITY MANAGEMENT PLAN" means a wastewater management and water quality plan produced in accordance with sections 208 and 303(e) of the federal Clean Water Act and state law and approved updates to that plan. An areawide water quality management plan identifies a system of treatment plants necessary to meet the anticipated municipal and industrial waste treatment needs of the designated area over a 20-year period.

(29) "SEWAGE TREATMENT WORKS" means the same as "domestic wastewater treatment works" under section 25-8-103, C.R.S.

(30)"SITE LOCATION" means the land or water area where any facility or activity subject to this regulation is physically located or conducted, including adjacent land used in connection with the facility or activity.

(31)"STATE WATERS" means any and all surface and subsurface waters which are contained in or flow in or through this state, but does not include waters in sewage systems, waters in treatment works or disposal systems, waters in potable water distribution systems, and all water withdrawn for use until use and treatment have been completed.

(32)"TREATMENT ENTITY" means a municipality or person responsible for treating the domestic wastewater.

(33)"TREATMENT PROCESS MODIFICATION" means a physical construction change to an existing domestic wastewater treatment works that does not change the design capacity, but either replaces an existing treatment process with a different process or substantially alters the operating mode of the process.

(34)"VAULT" means a watertight covered receptacle, which is designed to receive and store domestic wastewater either from a sewer or from a privy and is accessible for the periodic removal of its contents. If the vault is intended to serve a structure or structures that are projected to generate greater than two thousand gallons of domestic wastewater per day at full occupancy, the vault is a domestic wastewater treatment works. Vaults with a design capacity less than or equal to two thousand gallons per day are On-site Wastewater Treatment Systems subject to Regulation 43.

(35)"WATER QUALITY PLANNING TARGET" means planning limitations issued by the Division. These targets may be derived from the following: preliminary effluent limitation documents, individual or general permits, reclaimed water notices of authorization, and/or water quality assessments. Water quality planning targets are to be used to guide the treatment needs for the alternatives to be considered for evaluation as well as the selected alternative that is proposed in the site location application. Water quality planning targets consider the proposed hydraulic capacity, discharge location(s), reclaimed use(s), technology based limits, applicable water quality standards, and water quality management plan (if any).

5 CCR 1002-22.2

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