5 Colo. Code Regs. § 1002-32.27
Current through Register Vol. 47, No. 20, October 25, 2024
Section 5 CCR 1002-32.27 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE: FEBRUARY, 1998 RULEMAKINGThe provisions of sections 25-8-202(1)(a) and (b); 25-8-203; 25-8-204; and 25-8-402, C.R.S., provide the specific statutory authority for adoption of the attached regulatory amendments. The Commission also adopted, in compliance with section 24-4-103(4) C.R.S., the following statement of basis and purpose.
BASIS AND PURPOSE
The Colorado Water Quality Control Commission has:
1. added a new segment 7 to Fountain Creek which includes only Willow Springs Pond #1 and Willow Springs Pond #2 and is classified as Aquatic Life Class 2 Warm, Recreation Class 2 and Agriculture with accompanying table value standards;2. applied the Human Health Based Water + Fish standards for organic chemicals, including 0.8 micrograms per liter (µg/L) of tetrachloroethylene, also known as perchloroethylene (PCE), to this new segment 7 of Fountain Creek; and3. applied a temporary modification of 2.0 µg/L PCE to Willow Springs Pond #1 with an expiration date of June 30, 1999. The El Paso County Parks Department closed the Willow Springs Ponds to fishing on September 10, 1997 when it became aware that PCE was present in the tissue of two fish species from the ponds and in the water of the ponds. Large numbers of people fished in these ponds and for several years, the Colorado Division of Wildlife has stocked the ponds with fish as part of the "Fishing is Fun" program. Because segment 7 of Fountain Creek has been classified as Aquatic Life Class 2, and these ponds contain fish of a catchable size which are normally consumed by humans and where fishing takes place on a recurring basis, the Human Health Based Water + Fish Standards for organic chemicals, including the 0.8 µg/L standard for PCE, have been applied to segment 7 of Fountain Creek in this rulemaking.
All parties to the rulemaking hearing before the Colorado Water Quality Control Commission, including El Paso County, Schlage Lock Company, the City of Colorado Springs and the Colorado Department of Public Health and Environment's Water Quality Control Division, stipulated to the classifications and standards described above.
In addition, these entities agreed that monitoring to assess compliance with the PCE standard will occur at the following points:
1. in Willow Springs Pond #1, at the approximate center of the pond, the average calculated for the water column consisting of, at a minimum, values from samples collected at the surface, 5 foot and 10 foot depths; and2. in Willow Springs Pond #2, at the approximate center of the pond, one sample collected at the surface.PARTIES TO THE RULEMAKING HEARING
1. El Paso County Parks Department2. City of Colorado Springs4. Hazardous Materials and Waste Management Division38 CR 03, February 10, 2015, effective 6/30/201539 CR 03, February 10, 2016, effective 3/1/201639 CR 03, February 10, 2016, effective 6/30/201639 CR 23, December 25, 2016, effective 12/30/201640 CR 03, February 10, 2017, effective 6/30/201741 CR 01, January 10, 2018, effective 1/31/201841 CR 03, February 10, 2018, effective 6/30/201841 CR 17, September 10, 2018, effective 12/31/201842 CR 04, February 25, 2019, effective 6/30/201943 CR 03, February 10, 2020, effective 6/30/202044 CR 01, January 10, 2021, effective 2/14/202144 CR 05, March 10, 2021, effective 6/30/202144 CR 17, September 10, 2021, effective 12/31/202145 CR 17, September 10, 2022, effective 9/30/202246 CR 10, May 25, 2023, effective 6/14/2023