5 Colo. Code Regs. § 1002-22.5
Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-22.5 - FACTORS TO BE CONSIDERED FOR DIVISION OR COMMISSION DECISION MAKING ON SITE LOCATION APPLICATIONS(1) The Division shall review each site application and engineering report, and in making its determination as to whether or not to issue an approval of the site location application, shall consider and ensure the following: (a) Designation of the legally responsible person and the legal description of the site location;(b) That the receiving treatment works will not be overloaded when connecting new or expanded lift stations or interceptors subject to site application requirements of sections 22.8, 22.9, and 22.10;(c) The existing domestic wastewater treatment works and feasibility (including the cost effectiveness, regional water quality management and local comprehensive plans, and legal, political and physical limitations), with consideration for such issues as water conservation, water rights utilization, stream flow, water quality, or economics) of treating wastes in an area-wide facility;(d) Relationship to and potential impact of proposed facility on any water supply intake.(e) Location of proposed project relative to flood plains or other natural hazard; That the proposed treatment works be so located that it is not unnecessarily endangered by natural hazards;(f) Foreseeable potential adverse impacts on public health, welfare, and safety including that the proposed treatment works can be operated and managed at the proposed site location to minimize such foreseeable potential adverse impacts as related to wastewater treatment and/or water quality;(g) Proper public notice and any public comment;(h) For treatment plants, the ability of the proposed treatment process(es) to meet the existing effluent limitations or applicable water quality planning targets;(i) Review and comment of all required local government agencies and 208 designated planning and management agencies (if interested) including recommendations for approval or denial and recommendations for any conditions that should be a part of the Division approval;(j) Long-range comprehensive planning for the area as it affects water quality; and(k) The regional water quality management plan for the area. The Division shall rely substantially upon such plan in deciding whether to grant site location approval where the plan is current and comprehensive with respect to its analysis of population growth and distribution as it relates to wastewater treatment. In those areas where regional water quality management planning has not been conducted, or where such planning is not current or comprehensive, the Division shall rely upon the factors (a) through (i) of this section and upon the information submitted in the application for site location approval as the primary determinants in making the site application decision. Where portions of a regional water quality management plan are adopted as regulation, pursuant to 25-8-105(3)(a), they shall be binding on the Division action.43 CR 10, May 25, 2020, effective 6/14/2020