5 Colo. Code Regs. § 1002-22.9

Current through Register Vol. 47, No. 11, June 10, 2024

Section 5 CCR 1002-22.9 - APPLICATION PROCEDURES FOR LIFT STATIONS

(1) The site location application for the following lift station applications shall be made to the Division on the proper form: new, change in site boundary, or a change in design capacity.

For new lift stations, design capacity changes, or when a change of the site boundary of a previously approved site location is desired, a complete site location application is required to be developed and submitted as detailed in this section. The previously approved site location number must also be submitted to CDPHE as part of the change of site boundary application.

If a change in design capacity (increase or decrease) is proposed for an existing lift station with a previously approved site location application, the applicant shall submit the original site application, approval letter and an updated site location application. If these documents are unavailable, the report must document all information outlined within this section. If these documents are available, the application must include all pertinent information that will change as a result of the capacity change. This approach applies only if all work is performed within the boundaries of the originally approved site location.

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 sections 22.9(1)(c), 22.9(1)(d), and 22.9(1)(e).

(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 adequate engineering report describing the proposed lift station. The report shall be considered the culmination of the planning process. A complete process or basis of 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 containing all information the Division must consider pursuant to sections 22.3 and 22.5 and address and/or include the following at a minimum:

(i) A map identifying the site of the proposed facilities, topography of the area, and neighboring land uses.

(ii) Service area for the lift station, including existing and projected population, and flow/loading projections showing projected flow and loading over the following 20 years.

(iii) Identification of the treatment entity responsible for receiving and treating the wastewater.

(iv) Legal arrangements showing control of the site or right-of-way for the project life or showing the ability of the entity to acquire the site or right-of-way and use it for the project life.

(v) 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, and will have the necessary capacity to treat the projected discharge from the new or expanded lift station. Projections of flow and loading to the treatment plant over the period during which build out of the service area will occur or twenty years, whichever is less as well as current and future plant capacity information must be provided to demonstrate the plan for maintaining adequate capacity to treat. Any proposed treatment plant phased construction must be shown in the Water Quality Management Plan, or by appropriate planning and engineering studies.

(C) 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, then the Division will evaluate the situation and the treatment entities' proposed corrective measures to achieve consistent compliance and determine if approval should be granted, granted with conditions, or denied.

(vi) Evidence that the lift station will be properly operated and maintained.

(vii) Management capabilities for controlling the wastewater loadings within the capacity limitations of the proposed lift station, 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).

(viii) 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.

(ix) 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.

(x) Implementation plan and schedule including estimated construction time and estimated start-up date.

(xi) To notify the public, and provide additional opportunity for public input, the posting requirements given in section 22.6 shall also apply to all new lift stations.

(c) The application shall be forwarded to the city, town, or county in whose jurisdiction(s) the lift station is to be located for review and comment. The local authorities are requested to review and comment upon: the relationship of the lift station 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 approved regional water quality management plan(s). If the 208 designated planning and management 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 designated planning and management 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.

5 CCR 1002-22.9

43 CR 10, May 25, 2020, effective 6/14/2020