5 Colo. Code Regs. § 1002-33.23
The provisions of Sections 25-8-202(1)(a), (b) and (2); 25-8-203; 25-8-204; and 25-8-402 C.R.S., provide the specific statutory authority for adoption of these regulatory amendments. The Commission also adopted, in compliance with 24-4-103(4), C.R.S., the following statement of basis and purpose.
BASIS AND PURPOSE:
The temporary modification for the un-named tributary near Willow Creek, Segment 6c, would have expired before either the ongoing studies were completed, or the next rulemaking hearing was held. The short-term extension granted here will allow for a 207 hearing to proceed with the benefit of a complete data set late in 1994.
The Eagle River temporary modifications were established to accommodate a Superfund cleanup schedule. It was not possible to simple reaffirm the originally scheduled expiration data because that would have resulted in a greater than three year duration, a practice contrary to Commission policy. The expiration date selected will not extend beyond three years, and will allow the temporary modification to be reconsidered factoring in recent data at the basin rulemaking anticipated mid to late 1995.
5 CCR 1002-33.23