5 Colo. Code Regs. § 1002-33.5

Current through Register Vol. 47, No. 20, October 25, 2024
Section 5 CCR 1002-33.5 - [Effective 12/31/2024] BASIC STANDARDS
(1)Temperature

All waters of Region 12 are subject to the following standard for temperature. (Discharges regulated by permits, which are within the permit limitations, shall not be subject to enforcement proceedings under this standard). Temperature shall maintain a normal pattern of diurnal and seasonal fluctuations with no abrupt changes and shall have no increase in temperature of a magnitude, rate, and duration deemed deleterious to the resident aquatic life. This standard shall not be interpreted or applied in a manner inconsistent with section 25-8-104, C.R.S.

(2)Qualifiers

See Basic Standards and Methodologies for Surface Water for a listing of organic standards at 31.11 Table B and metal standards found at 31.16 Table III. The column in the tables headed "Water + Fish" are presumptively applied to all Aquatic Life class 1 streams which also have a Water Supply classification, and are applied to Aquatic Life class 2 streams which also have a Water Supply classification, on a case-by-case basis as shown in Appendix 33-1. The column in the tables at 31.11 and 31.16 Table III headed "Fish Ingestion" is presumptively applied to all Aquatic Life class 1 streams which do not have a Water Supply classification, and are applied to Aquatic Life class 2 streams which do not have a Water Supply classification, on a case-by-case basis as shown in Appendix 33-1.

(3)Uranium
(a) All waters of the Upper Colorado River Basin, are subject to the following basic standard for uranium, unless otherwise specified by a water quality standard applicable to a particular segment. However, discharges of uranium regulated by permits which are within these permit limitations shall not be a basis for enforcement proceedings under this basic standard.
(b) Uranium level in surface waters shall be maintained at the lowest practicable level.
(c) In no case shall uranium levels in waters assigned a water supply classification be increased by any cause attributable to municipal, industrial, or agricultural discharges so as to exceed 16.8-30 µg/L or naturally-occurring concentrations (as determined by the State of Colorado), whichever is greater.
(i) The first number in the 16.8-30 µg/L range is a strictly health-based value, based on the Commission's established methodology for human health-based standards. The second number in the range is a maximum contaminant level, established under the federal Safe Drinking Water Act that has been determined to be an acceptable level of this chemical in public water supplies, taking treatability and laboratory detection limits into account. Control requirements, such as discharge permit effluent limitations, shall be established using the first number in the range as the ambient water quality target, provided that no effluent limitation shall require an "end-of-pipe" discharge level more restrictive than the second number in the range. Water bodies will be considered in attainment of this standard, and not included on the Section 303(d) List, so long as the existing ambient quality does not exceed the second number in the range.
(4)Nutrients

See Basic Standards and Methodologies for Surface Water at 31.17 for a listing of chlorophyll a, total nitrogen, and total phosphorus standards for lakes and reservoirs (Table V) and rivers and streams (Table VI). As described in 31.17(2), total nitrogen and total phosphorus standards will be considered for adoption in phases.

Prior to December 31, 2027, total nitrogen and total phosphorus values will be considered for adoption only in the limited circumstances defined at 31.17(2)(a)(i), (ii), and (iii). For lakes and reservoirs, for both total nitrogen and total phosphorus, these circumstances include waterbodies upstream of certain domestic and non-domestic wastewater treatment facilities (31.17(2)(a)(i)(A)); in addition, for total phosphorus, other special circumstances as determined by the Commission (31.17(2)(a)(i)(B)). For rivers and streams, for total phosphorus only, these circumstances include waterbodies upstream of certain domestic and non-domestic wastewater treatment facilities (31.17(2)(a)(ii)(A)) and other special circumstances as determined by the Commission (31.17(2)(a)(ii)(B)). For lakes, reservoirs, rivers, and streams where total nitrogen and total phosphorus standards have not yet been adopted, 31.17(2)(a)(iii) allows the commission to adopt standards as needed in additional circumstances.

Pursuant to 31.17(2)(a)(i)(A) and 31.17(2)(a)(ii)(A), the following is a list of all permitted domestic wastewater treatment facilities discharging prior to May 31, 2012 or with preliminary effluent limits requested prior to May 31, 2012, cooling tower discharges, and any non-domestic facilities subject to Regulation 85 effluent limits and discharging prior to May 31, 2012 in the Upper Colorado and North Platte River Basins:

Segment

Permittee

Facility name

Permit No.

COUCUC03

Colorado Dept of Transportation

Grizzly Creek Res Area WWTF

COG588067

COUCUC03

Rock Gardens MHP

Rock Gardens MHP & Campground

COG588083

COUCUC03

Colorado Dept of Transportation

Hanging Lake Res Area WWTF

COG588076

COUCUC03

Colorado Dept of Transportation

Bair Ranch Rest Area

COG588075

COUCUC03

Hermes Group

Two Rivers Village Metro Dist WWTF

COG588070

COUCUC03

Roundup River Ranch

Roundup River Ranch WWTF

COG588116

COUCUC03

Hot Sulphur Springs Town of

Hot Sulphur Springs WWTF

COG588084

COUCUC03

Allegient Management

Ouray Ranch Homeowners Assn WWTF

COG588041

COUCUC06a

C Lazy U Ranch Holdings LLC % Triton Investment Co

C Lazy U Ranch, INC.

COG588072

COUCUC06b

Three Lakes Water and Sanitation District

Willow Creek Lagoons

CO0037681

COUCUC07e

Kremmling Sanitation District

Kremmling Sanitation Dist WWTF

CO0048437

COUCUC10a

Winter Park Water and Sanitation District

Winter Park WSD WWTF

CO0026051

COUCUC10a

Young Life Campaign Inc

Crooked Creek Ranch

CO0045411

COUCUC10a

Colorado Mountain Resort Investors LLC

Devil's Thumb Ranch

CO0046566

COUCUC10a

Tabernash Meadows WSD

Tabernash Meadows WSD WWTF

CO0045501

COUCUC10c

Fraser Town of

Upper Fraser Valley TP

CO0040142

COUCUC10c

Granby Sanitation District

Granby Sanitation District

CO0020699

COUCBL02a

Upper Blue Sanitation Dist

Iowa Hill Water Reclamation

CO0045420

COUCBL08

Dundee Realty USA LLC

Arapahoe Basin Ski Area

CO0023876

COUCBL13

Copper Mountain Consolidated Metro Dist

Copper Mtn Cons Metro District

CO0021598

COUCBL17

Silverthorne/Dillon Joint Sewer Authority

Blue River WWTF

CO0020826

COUCBL22

Frisco Sanitation District

Frisco Sanitation District WWTF

CO0020451

COUCBL22

Snake River WWTF

Summit County Snake River WWTP

CO0029955

COUCBL22

Upper Blue Sanitation District

Farmers Korner WWTF

CO0021539

COUCEA02

Red Cliff Town of

Red Cliff Town of WWTP

CO0021385

COUCEA08

Eagle River WSD

Vail WWTF

CO0021369

COUCEA09a

Eagle River Water & Sanitation Dist

Avon WWTP

CO0024431

COUCEA09a

Eagle River Water & San Dist

Edwards WWTF

CO0037311

COUCEA09b

Eagle Town of

Eagle Town of WWTP

CO0048241

COUCEA09c

Gypsum Town of

Gypsum Town of WWTF

CO0048830

COUCRF03a

Aspen Consolidated Sanitation District

Aspen Consolidated San District

CO0026387

COUCRF03a

Woody Creek Mobile HOA

Woody Creek Mobile Home Park

COG588103

COUCRF03a

Aspen Village Inc c/o Independence Environmental Services

Aspen Village, INC.

COG588085

COUCRF03a

Riversbend HOA

Riverbend Apartments

COG588066

COUCRF03a

Independence Environmental Services

Lazy Glen Homeowners Assoc.

COG588049

COUCRF03a

Basalt SD

Basalt Sanitation District

COG588063

COUCRF03a

Ranch at Roaring Fork c/o Independence Environmental Services

Ranch at Roaring Fork HOA

COG588051

COUCRF03a

Roaring Fork Water and San District

Roaring Fork WSD WWTF

CO0044750

COUCRF03a

Spring Valley SD

Spring Valley SD WWTF

CO0046124

COUCRF03a

Oak Meadows Service Company

Oak Meadows WWTF

CO0045802

COUCRF03c

Carbondale Town of

Carbondale Town of

COG588050

COUCRF03c

Sunlight Inc

Sunlight, INC.

CO0038598

COUCRF03c

Mid Valley Metro District

Mid Valley Metro Dist WWTF

COG588105

COUCRF03c

Blue Creek Ranch LLC

Blue Creek Ranch

COG588074

COUCRF03c

H Lazy F LLC

H Lazy F MHP WWTF

COG588035

COUCRF03c

El Rocko Mobile Home Park

El Rocko MHP

COG588029

COUCRF04

Snowmass WSD

Snowmass WSD

CO0023086

COUCRF08

Sopris Engineering LLC

Redstone Castle WWTF

COG588115

COUCRF08

Redstone WSD

Redstone WSD WWTF

CO0046370

COUCNP05b

Walden Town of

Walden Town of WWTF

CO0020788

COUCYA02a

Yampa Town of

Yampa WWTF

CO0030635

COUCYA02a

Routt County

Milner Community WWTF

CO0047449

COUCYA02b

Hayden Town of

Hayden Town WWTF

CO0040959

COUCYA02b

Steamboat Springs City of

Steamboat Springs, City of

CO0020834

COUCYA03

Whiteman School

Whiteman School

CO0031062

COUCYA04

Routt County Phippsburg/Dept of Envir Hlth

Routt CO for Phippsburg Comm WWTF

COG589026

COUCYA07

Oak Creek Town of

Oak Creek, Town of

CO0041106

COUCYA08

Steamboat Lake Water and Sanitation Dist

Steamboat Lake Water & Sanitation Dist WWTF

CO0035556

COUCYA22

Morrison Creek Metropolitan Water and Sanitation District

Morrison Creek Metro WWTF

CO0022969

COUCYA22

Steamboat Lake Water and Sanitation Dist

Steamboat Lake Water & Sanitation Dist WWTF

CO0035556

Prior to December 31, 2027:

* For segments located entirely above these facilities, total nitrogen and total phosphorus standards apply to the entire segment.

* For segments with portions downstream of these facilities, total nitrogen and total phosphorus standards only apply above these facilities. A note was added to the total phosphorus and total nitrogen standards in these segments. The note references the table of qualified facilities at 33.5(4).

* For segments located entirely below these facilities, total nitrogen and total phosphorus standards do not apply.

* Additionally, for segments with portions downstream of these facilities or for segments located entirely below these facilities, total phosphorus standards may apply where special circumstances have been identified by the Commission (31.17(2)(a)(i)(B) and 31.17(2)(a)(ii)(B)).

5 CCR 1002-33.5

37 CR 17, September 10, 2014, effective 12/31/2014
38 CR 03, February 10, 2015, effective 6/30/2015
39 CR 03, February 10, 2016, effective 3/1/2016
39 CR 03, February 10, 2016, effective 6/30/2016
39 CR 11, June 10, 2016, effective 6/30/2016
40 CR 03, February 10, 2017, effective 6/30/2017
40 CR 17, September 10, 2017, effective 9/30/2017
41 CR 03, February 10, 2018, effective 6/30/2018
41 CR 07, April 10, 2018, effective 6/30/2018
42 CR 04, February 25, 2019, effective 6/30/2019
42 CR 17, September 10, 2019, effective 12/31/2019
43 CR 03, February 10, 2020, effective 6/30/2020
44 CR 05, March 10, 2021, effective 6/30/2021
44 CR 17, September 10, 2021, effective 12/31/2021
45 CR 17, September 10, 2022, effective 9/30/2022
46 CR 10, May 25, 2023, effective 6/14/2023
47 CR 18, September 25, 2024, effective 12/31/2024