5 Colo. Code Regs. § 1002-22.4
Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-22.4 - PROCEDURES FOR THE SITE LOCATION DECISION PROCESS(1) In the interest of facilitating a more effective and timely review of individual applications, counties, other local governments and 208 designated planning and management agencies are encouraged to establish and implement a coordinated review and comment process.(2) In the interest of facilitating a more effective and timely review of proposed new and expanded domestic wastewater treatment works, each planning agency may establish and implement a coordinated review and comment process to carry out the provisions of this regulation in coordination with its water quality planning responsibilities. Where a 208 planning agency wishes to establish such a coordinated process, the Division may enter into an agreement with the 208 planning agency specifying the procedures for this coordinated process. The intent is to establish a single process 1) to meet these site location requirements and 2) to meet the requirements for amendments to the regional water quality management plan. The process should be designed so that a new or expanded domestic wastewater treatment works that is approved as a part of the regional water quality management plan may be concurrently deemed to also meet the requirements of these site location regulations at the time of its inclusion in the plan. Under such a coordinated process, the Division retains final authority for approval or denial of each project that is regulated under these site location regulations.(3) The Commission and Division (after review by the Commission) may adopt policies designed to aid in the interpretation and implementation of these regulations. The policies will be used in conjunction with the regulations to form the basis of Division actions with respect to applications for site location decisions.(4) The burden is on the applicant to supply the information necessary for the Division to make a decision, based on the requirements in these regulations and associated policies.(5) The Division will act expeditiously on all complete applications that have been submitted for review. For all site location applications, except in-kind replacements, the Division has a goal to complete its final review in a total of sixty (60) days from the date of receipt of the application and applicable fee payment. The Division may require that the applicant ask for review and comments from other agencies for applications under sections 22.6 , 22.7 , 22.8 , 22.9 , and 22.10; however, the Division will make the final decision regarding approval or denial of the site location application. Specifically for in-kind replacement site location applications, the Division has a goal to complete its final review in a total of thirty (30) days from the date of receipt of the application. In the event the work does not meet the definition of in-kind replacement, the Division shall notify the owner that the work does not meet the definition of in-kind replacement and that an application for amendment of an approved site location is required.(6) If the application is denied, the Division will specify which items were not satisfied by the application and what measures the applicant may take, if any, to satisfy those requirements.(7) Approval by the Division of a site location application shall not be deemed to be a determination that the proposed treatment works are or are not necessary, that the proposed site is or is not the best or only site upon which to locate such a treatment works, or that the location of a treatment works on the site is or is not a reasonable public use justifying condemnation of the site. Approval by the Division shall only be deemed to be a determination that the site application meets the requirements of this Regulation 22 (5 CCR 1002-22).(8) Approval of a site application by the Division or the Commission in no way negates the necessity for all applicants to obtain all required approvals from other federal, state, and local agencies.(9) All site location approvals become effective on the date of approval and will expire if construction has not started on the date specified by the Division in its approval letter or by the Commission, if the matter is appealed. Unless otherwise specified by the Division, the expiration date will be eighteen months from the date of approval. In setting the expiration date, the Division will consider the implementation plan and schedule (including design and bidding timing) provided with the application and any recommendation for phasing as contained in the water quality management plan. In the event of an appeal of the Division's action, the period during which construction is required to begin will be stayed pending the outcome of the appeal before the Commission. If the Commission ruling upholds the Division's action, then the date of their ruling shall commence the approval period. Any project not commencing construction on or before the date of expiration must reapply or request a time extension. If there are no significant changes from the original application, an extension request can be accomplished by a letter request from the applicant. Once construction is initiated, construction shall proceed to completion as expeditiously as possible.(10) Notice of the decision by the Division shall be included in the next Water Quality Information Bulletin.(11) Written notification of the Division's decision shall be sent to the applicant and all persons who have shown interest via written communication.(12) Any person adversely affected or aggrieved by the Division's decision on a site application must appeal that decision to the Commission as a prerequisite to the right of judicial review pursuant to the State Administrative Procedures Act. The appeal shall be made in writing to the office of the Administrator and be postmarked no later than thirty (30) days after the date of the mailing of the bulletin notice of the Division action. Within ninety (90) days of the filing of the appeal the Commission shall commence a hearing to consider such appeals in accordance with the provisions of section 24-4-105, C.R.S. If appeal is made to the Commission, the decision shall be made considering the criteria specified in these regulations.(13) Emergencies: The applicant may request a fifteen (15) day review from local review agencies in place of longer review times specified within any section of this regulation that requires notification of local agencies in the event of an emergency. Accelerated review periods for projects directly associated with addressing emergencies are limited to projects related to federal and state declared emergencies or a qualifying onsite emergency, as determined by the Division, such as a catastrophic fire or explosion. Review agencies shall have fifteen (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.(14) At times, applicants find that a change impacting the design capacity is required following the issuance of a site location approval, but prior to completion of the design approval process or completion of construction of the domestic wastewater treatment works. The applicant must notify all local agencies per the initial site location application if the applicant requests the Division to modify a site location approval related to the design capacity. These 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.43 CR 10, May 25, 2020, effective 6/14/2020