5 Colo. Code Regs. § 1002-22.8
Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-22.8 - SITE LOCATION APPLICATION PROCEDURES FOR INTERCEPTORS AND CERTIFICATION PROCEDURES FOR ELIGIBLE INTERCEPTOR SEWERS(1) Certification Eligibility (a) A new or expanding interceptor sewer is eligible to apply for a site location decision through the certification process (22.8(2)) in lieu of a site location application when: (i) The receiving treatment entity has adequate capacity to treat, or has site location approval for sufficient additional capacity to treat the projected total flow and the projected total flow would still be under their discharge permit flow limitations, where applicable, after the interceptor sewer is completed; and(ii) The proposed interceptor sewer is capable of carrying the projected flows from the applicable service area; and(iii) The project must be consistent with the regional water quality management plan.(b) Where an interceptor project cannot meet all requirements needed for the certification process the interceptor must apply under the site location application process described under item 22.8 (3).(2) Site Location Certification Process: A site location application certification process for eligible interceptors is allowed when applicable. Ninety days prior to the commencement of construction of an interceptor sewer, the person responsible for that sewer shall notify the 208 designated planning and management agencies and the Division of such construction. This notification shall be accompanied by a certification from the treatment entity receiving the wastewater for treatment that it has, or will have, the approved capacity to treat the projected wastewater from that interceptor sewer in accordance with the treatment entity's site location approval and discharge permit. Within 30 days of receipt of notification, the 208 planning agency, or the Division if a 208 planning agency does not exist, shall certify that the proposed interceptor sewer has the capacity to carry the projected flow and is consistent with the Water Quality Management Plan. In the event the person responsible for an interceptor sewer does not have the said certifications from the treatment entity and the 208 planning agency, the person responsible shall be required to obtain site location approval from the Division, as set forth in section 22.8 of these regulations, prior to construction. (a) The notification to the Division shall include the proper application form. 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 each notification received pursuant to section 22.8 , the Division shall make a site location application determination for the certification. For an approval, the Division shall acknowledge the certification in writing, to the responsible person.(3) Site Location Application Process: Site location application for new or expanding interceptors not eligible for certification is required when applicable. A site location application 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 22.8(3)(c), 22.8(3)(d), and 22.8(3)(e).(a) The notification to the Division shall include the proper application form. The form 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 adequate engineering report describing the proposed interceptor sewer. The report shall be considered the culmination of the planning process. A completed design is not necessary for the 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 containing all information the Division must consider pursuant to sections 22.3 and 22.5 and shall address and/or include the following at a minimum:(i) A map identifying the site of the interceptor alignment, associated service area; land uses and environmental considerations. (ii) Service area for the interceptor sewer, including existing and projected population, and flow/loading projections over the project planning period.(iii) Final legal arrangements demonstrating control of the site or the governing jurisdiction's authorization to construct, operate, and maintain facilities in their right-of-way for the project life or preliminary documentation showing the intent to negotiate the same in good faith.(iv) Identification of the treatment entity responsible for receiving and treating the wastewater and confirmation, in writing, from the wastewater treatment entity that it: (A) Will treat the wastewater.(B) Is not presently receiving wastes in excess of its design capacity as defined in its site location approval and/or discharge permit, or is under construction, or will be in a phased construction of new or expanded facilities.(C) Will have the necessary capacity to treat the projected discharge from the new or expanded interceptor sewer.(D) Has not been in violation of any effluent limitations in its discharge permit for the last two years and is not operating under a Notice of Violation and/or Cease and Desist Order from the Division resulting from discharge permit violations. Alternatively, if there have been effluent violations or if the treatment plant is operating under a Notice of Violation and/or Cease and Desist Order from the Division, the Division will evaluate the situation and the treatment entity's proposed corrective measures to achieve consistent compliance and determine if approval should be granted, granted with conditions, or denied.(v) Confirmation in writing from the 208 designated planning and management agencies that the proposed interceptor sewer has the capacity to carry the projected flow and is consistent with the regional water quality management plan.(vi) Implementation plan and schedule including estimated construction time and estimated start-up date.(vii) Identification of the entity that is financially responsible for the construction of the facility, financially responsible for owning and long term operating expense of the proposed facility, and responsible for managing and operating the proposed facility after construction. If these entities differ from the applicant, provide the legal arrangements showing the identified responsibilities and terms of arrangement.(c) The application shall be forwarded to the city, town, or county in whose jurisdiction(s) the interceptor is to be located for review and comment. The local authorities are requested to review and comment upon: the relationship of the interceptor to its local comprehensive plan and/or utility plan for the community as it affects water quality; the proposed site location including the location with respect to the floodplain; and the capacity to serve the planned purpose. A recommendation of approval from the local authority is considered to be a statement that the proposal is consistent with the water quality considerations contained in its local comprehensive plan. If the local authority does not review and comment on the application within 60 days, 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.(d) The application shall be forwarded to the 208 designated planning and management agency for the area in which the facilities are to be constructed and for the area to be served by those facilities for review and comment. A recommendation of approval from the appropriate 208 designated planning and management agency (agencies) is considered to be a statement that the proposal is consistent with any adopted water quality management plan(s). If the 208 planning agency does not review and comment on the application within 60 days, 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 the 208 planning agency, 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.(e) For all applications meeting the above criteria, the Division will adopt the recommendation of the 208 planning agency, assuming that the recommendation is consistent with that of the other review agencies, unless it is aware of potential adverse impacts from the project to water quality or the public health, safety or welfare not identified or addressed in the application. If the 208 planning agency does not provide a recommendation, or if the review agencies do not agree on the recommendation, then the Division will review and act on the application in accordance with section 22.13.(4) If, after certification or site location approval is issued, there is a change in design capacity of the interceptor (either an increase or decrease), the person responsible for the interceptor sewer shall submit a new site location application reflecting the change in design parameters. The submission and review process shall be the same as detailed in 22.8(2) or 22.8(3), as applicable.(5) If, after the site location approval is issued but prior to completion of construction, there is a change in alignment of the interceptor, the person responsible for the sewer shall include an updated map and any new legal arrangements as part of the as-built certification process. The Division will decide whether a new site location application is required or the existing can be modified without a new site location application.43 CR 10, May 25, 2020, effective 6/14/2020