5 Colo. Code Regs. § 1002-38.14
In accordance with the requirements of 24 4 103(4), C.R.S. 1973, the Commission makes these findings and adopts this Statement of Basis and Purpose.
The Commission at a public rulemaking hearing November 8, 1982, adopted clerical and editorial corrections to the Commission's current regulations numbered respectively 3.2.0, 3.4.0, 3.6.0 and 3.8.0. These regulations are contained in Article 3, Water Quality Standards, of the Policies, Regulations, and Guidelines of the Water Quality Control Commission. (5 CCR 10028)
In adopting these corrections the Commission considered the economic reasonableness of its action, except as specified the corrections in no way change the classifications and numeric standards originally adopted by the Commission. Other than written comment from the City of Westminster no testimony was offered at the public hearing.
The consolidated changes adopted by the Commission are included in this Basis and Purpose for information. The Secretary of State was provided corrected pages for each of the regulations as replacements for the regulations previously published.
Dated this 8th day of November, 1982 at Denver, Colorado.
FISCAL STATEMENT
Regarding The Adoption of Non Substantive Corrections To The Classifications And Numeric Standards For The Arkansas, San Juan and Dolores, Rio Grande and South Platte River Basins.
The Water Quality Control Commission found that clerical and editorial corrections to the Commission's current regulations numbered respectively 3.2.0, 3.4.0, 3.6.0 and 3.8.0 have no fiscal impact.
Dated this 8th day of November, 1982 at Denver, Colorado.
FISCAL IMPACT STATEMENT ADOPTED DECEMBER 6, 1982
SEGMENT 14 OF THE SOUTH PLATTE EFFECTIVE JANUARY 30, 1983
The principle economic cost of a .06 mg/l unionized ammonia standard with a temporary modification to .1 mg/l is the potential for requiring municipal dischargers in this segment to treat beyond the secondary level. Economic testimony was offered that identified three potential affected entities: The City of Englewood the City of Littleton and the City of Lakewood. All three municipalities discharge their processed wastewater effluent into this segment. The essential economic benefit of this ammonia standard is the potential preservation and enhancement of the fishery of segment 14, the potential preservation and enhancement of the segment as a recreational resource unique to the urban area, and the potential increase in the value of surrounding property and enhancement of development potential. The Commission received testimony that suggested potential economic benefits downstream to Segment 15 and Barr Lake.
The Commission heard considerable testimony regarding the economic ramifications that would allegedly attend either a .06 standard or other, less restrictive standards. None of the potentially impacted entities have been issued an NPDES permit mandating treatment beyond the secondary level and the nitrification cost estimates that were submitted are subject to question as to the final user impact. Thus, costs for nitrification must be considered as a potential rather than a certainty. The Commission also received testimony that illustrated the economic value of Segment 14 as a fishery, a recreational resource, and a lure for development. While it was suggested that a relaxation of the ammonia standard would jeapordize these beneficial uses, the Commission was faced with sufficient uncertainty regarding the causal linkages between the ammonia level and the uses such that economic evaluation was inconclusive.
It appears from the best evidence available to the Commission at this time that a .06 mg/l ammonia standard will pose no immediate threat of economic consequences to the municipal dischargers in this segment. The Commission notes that there are several administrative options available including wasteload allocations, to mitigate or eliminate the severity of economic impact should nitrification become increasingly probable. The Commission finds the use classification of the river to be appropriate, recognizes the unique nature of the urban South Platte as a recreational and aesthetic resource, and that although the economic value of Segment 14 is largely inestimable, it is nonetheless significant. The Commission believes that the more economically responsible stance is to maintain the highest practical level of beneficial use protection until such time as definite economic impositions upon the dischargers warrant a critical examination of the economic relationship between the beneficial uses of Segment 14 and the costs to maintain those uses.
The Commission concludes that there is doubt surrounding what costs and benefits varying levels of ammonia restrictions would generate. It is because the Commission believes that adequate protection exists to address potential costs should they develop and that the beneficial uses associated with this classification are identifiable and in place, that it would be economically reasonable to retain the classification and ammonia standard for this segment as a result of this hearing.
5 CCR 1002-38.14