5 Colo. Code Regs. § 1002-22.6
Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-22.6 - APPLICATION PROCEDURES FOR CONSTRUCTION OF NEW DOMESTIC WASTEWATER TREATMENT PLANT(1) The site location application for any proposed new domestic wastewater treatment plant, except for interceptor sewers and lift stations as described below in sections 22.8 , 22.9 , and 22.10, shall be made to the Division on the proper form. Prior to submitting the form to the Division, the application must be submitted to the local authorities and the 208 designated planning and management agencies for review and comment in accordance with section 22.6 . These application procedures also apply to proposals to move outfall sewers from the approved site location to another site. Changing the location of the discharge point within a previously approved site location and within the same defined segment of the receiving surface water may not require site location approval as determined by the Division. These application procedures also apply to proposals to construct new treatment facilities that will produce reclaimed domestic wastewater if those facilities are to be constructed at a site location that has not been previously approved by the Division or at a different site from the secondary treatment plant location. (a) These forms shall be available from the Water Quality Control Division, 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530 and on the Division's web page.(b) Accompanying the application shall be an engineering report describing the proposed new domestic wastewater treatment works and showing the applicant's capabilities to manage and operate the facility over the life of the project. The report shall be considered the culmination of the planning process. A design report is not necessary for the site location application or to obtain site location approval. Design review procedures are described in section 22.13 . The engineering report submitted with the application shall meet all requirements of Section 22.4 , including information the Division must consider pursuant to sections 22.3 and 22.5 , and address and/or include the following at a minimum: (i) Service area definition including existing and projected population, site location, staging or phasing, flow/loading projections, and relationship to other water and wastewater treatment plants in the area. (ii) Proposed site location, evaluation of alternative sites, and evaluation of treatment alternatives.(iii) Water quality planning targets as developed in coordination with the Division. The applicant may indicate in the engineering report that effluent limits for metals, organic parameters, and/or inorganic parameters, other than for total residual chlorine, will be met through implementation of a pretreatment program or other legally enforceable means of limiting discharges of these parameters to the wastewater collection system. The applicant may also provide documentation in the form of effluent data or an analysis predicting effluent quality to demonstrate that the limits will be met without specific source controls. Where the applicant indicates these parameters will be controlled by means other than treatment, after considering information provided by the applicant, the Division may condition the approval of the site location application to require a plan for control of the pollutants to be submitted with the permit application for the facility.
Where the Commission has adopted a temporary modification pursuant to section 31.7 for the segment to receive the discharge for metals, organic parameters, or inorganic parameters other than for total residual chlorine, the water quality planning targets will be based on subsection 31.9 of the Basic Standards and Methodologies for Surface Waters (Basic Standards).
Prior to submitting the application, the applicant is responsible to ensure that it has considered any impacts that changes to water quality standards may have on the water quality planning targets in their site location application and design for the proposed wastewater treatment works. Additionally, there are other factors that can impact the applicability of the water quality planning targets, such as changes in stream flows, new discharges to the segment, or ambient water quality. The Division may require that the water quality planning targets be re-evaluated when the Division is processing an application with water quality planning targets that, in the Division's judgment, may no longer be applicable. If it is determined that new water quality planning targets must be issued, Division action on the application will be delayed until new water quality planning targets are developed and it is verified that the proposed treatment process(es) will be able to meet any new water quality planning targets developed in accordance with this subsection.
(iv) Analysis of the loading, capacity and performance of any relevant existing facilities within the applicant's service area(s).(v) Analysis of opportunities for consolidation of treatment works in accordance with the provisions of section 22.3 , including those recommended in the regional water quality management plan, unless the approved regional water quality management plan recommends no consolidation.(vi) Evidence that the proposed site and facility operations will not be adversely affected by floodplain or other natural hazards. Where such hazards are identified at the selected site, the report shall describe means of mitigating the hazard.(vii) Information used to evaluate geotechnical conditions at the proposed and alternative sites. This may include soil survey data from the Natural Resource Conservation Service (NRCS), data from the Colorado Geological Survey, existing data from on-site or adjacent geotechnical investigations, and other data and information the applicant deems to be representative of the expected geotechnical conditions. The preliminary geotechnical information must be sufficient for that person to make a determination that the site can reasonably be expected to support the proposed treatment works. Applicant may choose to submit a formal geotechnical report, including site-specific soil boring information and meeting the requirements of Section 22.6 , in support of the site application. The engineering report shall address the impact of expected geotechnical conditions at the proposed and alternative sites on design, construction, operation, and maintenance of the proposed facilities. During the design phase, the Division may require that evidence be presented in the form of a report, containing soils testing results from the site of the proposed treatment works and design recommendations, prepared by a Professional Geologist, a Geotechnical Engineer, or by a professional meeting the qualifications of both Professional Geologist and Geotechnical Engineer, with an appropriate level of experience investigating geologic hazards, stating that the site will support the proposed facility. Where the applicant submits a formal geotechnical report with the site application, then the applicant has satisfied the geotechnical submittal requirements for the design review stage of the Division's review process and resubmittal of the geotechnical report is not required.
(viii) Detailed description of selected alternatives including legal description of the site of the proposed treatment works, treatment system description, design capacities, and operational staffing needs.(ix) Legal arrangements showing control of the site for the project life or showing the ability of the entity to acquire the site and use it for the project life.(x) Institutional arrangements such as contract and/or covenant terms which will be finalized to pay for acceptable waste treatment.(xi) Management capabilities for controlling the wastewater loadings within the capacity limitations of the proposed treatment works, i.e., user contracts, operating agreements, pretreatment requirements and/or the management capabilities to expand the facilities as needed (subject to the appropriate, future review and decision procedures).(xii) Financial system which has been developed to provide for necessary capital and continued operation, maintenance, and replacement through the life of the project. This would include, for example, anticipated annual budget and the fee and rate structure.(xiii) Implementation plan and schedule including estimated construction time and estimated start-up date.(xiv) Demonstration of the owner's capability to operate and maintain the facility, which shall include an emergency operations plan. The emergency operations plan shall outline procedures to minimize the possibility of sanitary sewer overflows and health hazards to the public and operations personnel. The emergency operations plan shall include information on, but not be limited to telemetry, backup power supply identification, portable emergency pumping equipment, emergency storage/overflow protection, and operator emergency response time. (c) Where the site application indicates that the proposed domestic wastewater treatment works will discharge treated effluent to a ditch or other manmade conveyance structure, or that an easement, right-of-way or other access onto or across private property of another person may be necessary to construct the facility or to effectuate the discharge, the applicant shall furnish to the Division evidence that a notice of the intent to construct a new domestic wastewater treatment works has been provided to the owner of such private property.(d) Where capacity in a domestic wastewater treatment works is shared between two or more entities, the entities must have entered into a capacity sharing agreement. The capacity sharing agreement must include terms that define that allocation of the treatment works amongst the parties and terms for initiating expansion of capacity and provisions for design capacity changes (increase or decrease). A draft of the agreement must be submitted with the site location application and a final approved version must be submitted with the design.(e) Where a domestic wastewater treatment works is proposed to provide service to a new or expanded service area, the owner of the proposed treatment works must demonstrate that this new or expanded service area is consistent with the regional water quality management plan.(2) The applicant shall be responsible for submitting the application and engineering report described in section 22.6 for the proposed new domestic wastewater treatment works to all appropriate local governments, 208 designated planning and management agencies and State agencies for review and comment prior to submission to the Division. The applicant must perform all necessary coordination and supply all information for review by other agencies. The applicant is responsible for obtaining all necessary signatures on the form before sending it to the Division, unless the agencies fail to comment within sixty (60) days, as discussed below. After receiving a site location application, each agency shall have a period of sixty (60) days in which to review and comment on the application and to make a recommendation to the Division. After that sixty (60) day period, the applicant may submit the application to the Division without such comments and/or recommendations. Upon receipt of any application lacking the comments or recommendation of an appropriate review entity, the Division shall contact that agency and provide a period of seven (7) days for the agency to provide comments and/or a recommendation or to explain the absence of such comments and/or recommendation. The review and commenting agencies shall include the following: (a) Management Agency, if different from other entities listed below. The Management Agency is to comment on the consistency of the proposed treatment works to the existing regional water quality management plan.(b) County if the proposed facility is located in the unincorporated area of a county. The county, through its commissioners or its designee, is requested to review and comment upon: the relationship of the treatment works to the local long-range comprehensive plan for the area as it affects water quality; the proposed site location alternatives including the location with respect to the flood plain; and the capacity to serve the planned purpose. A recommendation of approval from the county is considered to be a statement that the proposal is consistent with the water quality considerations contained in its local comprehensive plan.(c) City or Town if the proposed facility is to be located within the boundaries of a city or town or within three miles of those boundaries if the facility is to be located in an unincorporated area of the county. The city or town, through its mayor, council or its designee, is requested to review and comment upon: the relationship of the treatment works to the local comprehensive plan and/or utility plan for the community as it affects water quality; the proposed site location alternatives including the location with respect to the flood plain; and the capacity to serve the planned development. A recommendation of approval from the city or town is considered to be a statement that the proposal is consistent with the water quality considerations contained in its local comprehensive plan.(d) Local Health Authority, who is requested to review and comment on local issues, policies and/or regulations related to public health, safety and welfare as affected by the proposal.(e) 208 Planning Agency, if designated or if such function has been delegated by the State, should comment on the consistency of the proposed treatment works to the regional water quality management plan.(f) Other state or federal agencies shall be sent a copy of the application, if the proposed treatment works would be on or adjacent to any land owned or managed by such agency. The review and signature requirements given above do not apply to these agencies.(3) To notify the public, and provide additional opportunity for public input, the following posting requirements apply to all new treatment works, unless posted in accordance with local permitting requirements: (a) Signs are to be posted for fifteen (15) continuous days prior to the time the site location application is submitted to the Division. However, the Division should be notified of the project at the time of posting so that necessary public information can be made available as required under (b) of this section. A photograph of the sign or other documentation certifying that this posting requirement has been met must be included in the application.(b) The sign shall be not less than 3' x 4' on a post not less than 4' above the natural grade where allowable, or else in conformance with applicable county or municipal sign codes. Notice shall contain the following information: NOTICE OF PROPOSED FACILITY (IDENTIFY)
(Title must be 4" in red, or maximum allowable under sign code.)
Notice is hereby given that the property upon which this sign is posted shall be considered for the construction of a facility (identify). Additional information may be obtained by contacting the applicant (include applicant's phone number) or the Colorado Department of Public Health and Environment, Water Quality Control Division, (303) 692-3500.
43 CR 10, May 25, 2020, effective 6/14/2020