5 Colo. Code Regs. § 1002-22.7
Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-22.7 - APPLICATION PROCEDURES FOR INCREASING OR DECREASING THE DESIGN CAPACITY OF AN EXISTING DOMESTIC WASTEWATER TREATMENT PLANT WHERE CONSTRUCTION HAS TAKEN PLACE OR WILL TAKE PLACE(1) The site location application for any increase or decrease in the design capacity of a domestic wastewater treatment plant where construction has taken place or will take place or where a re-rating without construction is to occur, except for interceptor sewers and lift stations as described 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 22.7(2). (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) For facilities applying for a decrease in the approved, rated design capacity of an existing domestic wastewater treatment works to 2,000 gpd or less, with or without construction, the owner shall make an application for a site location decision. For these applications, a separate design review step is not required per section 22.13 . As part of the site application, the applicant shall provide an adequate engineering report that documents the basis for decreasing the hydraulic and/or organic capacity and address consistency with local wastewater facility plans and any approved water quality management plans. The engineering report submitted with the application shall meet all requirements specified in Section 22.4 , including the information the Division must consider pursuant to sections 22.3 and 22.5 , and address and/or include the following at a minimum:
(i) Changes to existing service area, including existing and projected population, flow/loading projections, maximum month average daily flow, maximum occupancy for buildings at the site, operating plan, and other factors identified in section 22.3. (ii) Analysis of the loading, capacity and performance of the existing and planned treatment works.(iii) Description of proposed modifications and construction.(iv) Management capabilities for controlling the wastewater loadings within the capacity limitations of the proposed treatment works (i.e., user contracts, operating agreements).(v) Evidence that the local public health agency is capable and willing to require daily flow monitoring be conducted and periodically reported to the local agency to confirm the design capacity is not exceeded, if deemed necessary by the Division.(c) For applicants seeking an increase or decrease in the design capacity of a domestic wastewater treatment plant, the applicant shall provide an engineering report that documents the need for the increase or decrease in the design capacity and consistency with local wastewater facility plans and any approved regional water quality management plans. 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) Changes to existing service area, population and loading projections.(ii) Water quality planning targets, as developed in coordination with the Division consistent with subsection 22.6 , except for organic only capacity changes and/or where a temporary modification is adopted pursuant to section 31.7 of the Basic Standards, the water quality planning targets will be consistent with subsection 31.9 of the Basic Standards. After considering information provided by the applicant, the Division may defer the requirement to treat for the parameter to a compliance schedule to be included in the permit or where the applicant indicates that a parameter will be controlled by means other than treatment, the Division may condition the approval of the site location application to require a plan for control of the pollutant.(iii) Analysis of the loading, capacity and performance of the existing treatment works.(iv) Analysis of alternative means to treat the additional or reduced loading, in accordance with section 22.3 , including any consolidation alternatives recommended in the approved regional water quality management plan except if the plan recommends no consolidation, that option does not need to be considered.(v) Changes in the financial system which will result from the proposed increase or decrease in the design capacity, including changes to the fee structure.(vi) Implementation plan and schedule, including the estimated construction time and the estimated date upon which the modified plant will be in operation.(vii) Information used to evaluate geotechnical conditions at the proposed and alternative sites 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 to make a determination that the site can reasonably be expected to support the proposed treatment works. The applicant may submit a formal geotechnical report, including site-specific soil boring information that meets 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. This report should be prepared by a Professional Geologist, a Geotechnical Engineer, or by a professional who meets the qualifications of both Professional Geologist and Geotechnical Engineer and who has 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 location 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.
(2) For all site location applications to increase or decrease the design capacity of a domestic wastewater treatment works, the applicant shall be responsible for submitting the application and engineering report described in section 22.7 for the increase or decrease in the design capacity of the 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 procedures for this comment and review process are specified in section 22.6(2).43 CR 10, May 25, 2020, effective 6/14/2020