5 Colo. Code Regs. § 1002-37.5

Current through Register Vol. 47, No. 20, October 25, 2024
Section 5 CCR 1002-37.5 - [Effective until 12/31/2024] BASIC STANDARDS
(1)Temperature

All waters of the Colorado River Basin 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 37-1. The column in the tables at 31.11 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 37-1.

(3)Uranium
(a) All waters of the Lower 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

Prior to December 31, 2022 for chlorophyll a and prior to December 31, 2027 for total phosphorus, interim nutrient values will be considered for adoption only in the limited circumstances defined at 31.17(e) and (f). These circumstances include headwaters. Direct Use Water Supply (DUWS) Lakes and Reservoirs, and other special circumstances determined by the Commission. Additionally, prior to December 31, 2027, only total phosphorus and chlorophyll a will be considered for adoption. After December 31, 2027, total nitrogen will be considered for adoption per the circumstances outlined in 31.17(g).

Prior to December 31, 2027, nutrient criteria will be adopted for headwaters on a segment by segment basis for the Lower Colorado Basin. Moreover, pursuant to 31.17(e) nutrient standards will only be adopted for waters upstream of all permitted domestic wastewater treatment facilities discharging prior to May 31, 2012 or with preliminary effluent limits requested prior to May 31, 2012, and any non-domestic facilities subject to Regulation 85 effluent limits and discharging prior to May 31, 2012. 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, and any non-domestic facilities subject to Regulation 85 effluent limits and discharging prior to May 31, 2012 in the Lower Colorado Basin:

Segment

Permittee

Facility name

Permit No.

COLCLY02

Craig City of

Craig WWTF

CO0040037

COLCWH07

Whiteriver RV LLC

Whiteriver RV Sanitation WWTF

COG588048

COLCWH07

Meeker Sanitation District

Meeker Sanitation District

CO0047139

COLCWmSb

Shell Frontier Oil & Gas Inc

Corral Gulch WWTF

CO0048859

C0LCWH21

Rangely Town of

Rangely WWTF

CO0000010

COLCLC01

Rifle City of

Rifle Regional WW Reclamation Facility

CO0048151

COLCLC01

Wastewater Treatment Service LLC

Waste Water Treatment Services WWTF

COG589110

COLCLC01

Silt Town of

Silt Town of

COG588046

COLCLC01

West Glenwood Springs SD

West Glenwood Springs SD

COG588008

COLCLC01

Glenwood Springs City of

Glenwood Springs Regional WWTF

CO0048852

COLCLC01

Talbott Enterprises Inc

Talbott Enterprises Inc

COG588061

COLCLC01

New Castle Town of

New Castle WWTF

COG588062

COLCLC01

Riverbend Water and Sewer Company

Riverbend Subdivision

COG588006

COLCLC02a

Colorado Retail Ventures Services LLC

Cameo Eagle Travel Center

CO0048847

COLCLC02a

DeBeque Town of

DeBeque Town of

CO0048135

COLCLC02a

Battlement Mesa Metro Dist

Battlement Mesa Metro Dist WWTF

COG589086

COLCLC02b

Clifton Sanitation District

Clifton Sanitation District

CO0033791

COLCLC02b

Palisade Town of

Palisade WWTF

CO0000012

COLCLC03

Fruita City of

Fruita Wastewater Reclamation Facility

CO0048854

COLCLC04e

Tri-State Generation & Transmission Assoc Inc

Rifle Station

CO0042447

COLCLC07a

Weiss & Associates

Canyon Creek Estates WWTF

COG589139

C0LCLC13b

Mesa Co/Grand Junction City of

Persigo WWTF

CO0040053

C0LCLC15a

Grand Mesa Metro Dist 2

Grand Mesa Metro Dist 2

CO0023485

C0LCLC15a

Mesa WSD

Mesa WSD

CO0048143

C0LCLC16

Collbran Town of

Valleywide Sewerage System

CO0040487

Prior to December 31, 2027:

* For segments located entirely above these facilities, nutrient standards apply to the entire segment.

* For segments with portions downstream of these facilities, nutrient standards only apply above these facilities. A note was added to the total phosphorus and chlorophyll a standards in these segments. The note references the table of qualified facilities at 37.5(4).

* For segments located entirely below these facilities, nutrient standards do not apply.

A note was added to the total phosphorus and chlorophyll a standards in lakes segments as nutrients standards apply only to lakes and reservoirs larger than 25 acres surface area.

5 CCR 1002-37.5

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 03, February 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