5 Colo. Code Regs. § 1002-36.32

Current through Register Vol. 47, No. 20, October 25, 2024

Section 5 CCR 1002-36.32 - STATEMENT OF BASIS SPECIFIC STATUTORY AUTHORITY AND PURPOSE DECEMBER 10, 2012 RULEMAKING; FINAL ACTION JANUARY 14, 2013 EFFECTIVE DATE JUNE 30, 2013

The provisions of C.R S. 25-8-202(1)(a), (b) and (2); 25-8-203; 25-8-204; and 25-8-402; 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

Pursuant to the requirements in the Basic Standards (at 31.7(3)), the Commission reviewed the status of Temporary Modifications scheduled to expire before December 31, 2014, to determine whether the Temporary Modification should be modified, eliminated or extended.

Temporary Modifications of standards on two segments were reviewed. The Basic Standards Statement of Basis for the 2010 hearing records the Commission's intent regarding temporary modifications. (see 31.48 at I.A)

Since temporary modifications have no impact on other aspects of Colorado's water quality management program such as the 303(d) list, the Non-point Source Program or the Total Maximum Daily Load (TMDL) Program, it is fitting that temporary modifications only be used where there are permitted discharges that would face unreasonable consequences in the absence of a temporary modification (e.g., a permit compliance schedule to meet a standard that is significantly uncertain).

Deleted: The Temporary Modification on Alamosa segment 3b was deleted because there are no currently identified discharge permits on this segment.

No action: The Commission took no action on the Temporary Modification on Rio Grande segment 4, which is the receiving water for several CDPS permits. The Temporary Modifications for standards on this segment will expire 12/31/2013. The basin-wide review hearing is scheduled for June 2013 and it is anticipated that the remaining issues will be resolved in that hearing process.

PARTIES TO THE RULEMAKING HEARING

1. City of Pueblo

2. Seneca Coal Company

3. Tri-State Generation and Transmission Association

4. Eagle River Water and Sanitation District

5. Board of County Commissioners for the County of Gunnison, Colorado

6. Colorado Parks and Wildlife

7. High Country Citizens' Alliance

8. Bill Thiebaut, DA for 10^th Judicial District and the Office of the DA for the 10^th Judicial District

9. City of Colorado Springs

10. Town of Crested Butte

11. Upper Gunnison River Water Conservancy District

12. U.S. Energy Corp.

13. Gunnison County Stockgrowers Association, Inc.

14. Environmental Protection Agency

15. Cherokee Metropolitan District

16. Fountain Sanitation District

17. Lower Fountain Metropolitan Sewage Disposal District

18. Monument Sanitation District

19. Palmer Lake Sanitation District

20. Town of Monument

21. Academy Water and Sanitation District

22. Tri-Lakes Wastewater Treatment Facility

23. Town of Palmer Lake

24. Woodmoor Water and Sanitation District No. 1

25. Upper Monument Creek Regional Wastewater Treatment Facility

5 CCR 1002-36.32

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

40 CR 03, February 10, 2017, effective 6/30/2017

41 CR 01, January 10, 2018, effective 1/31/2018

41 CR 03, February 10, 2018, effective 6/30/2018

41 CR 17, September 10, 2018, effective 12/31/2018

42 CR 04, February 25, 2019, effective 6/30/2019

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