Statutes, codes, and regulations
Colorado Administrative Code
Department 1000 - Department of Public Health and EnvironmentDivision 1002 - Water Quality Control Commission (1002 Series)
Rule 5 CCR 1002-38 - REGULATION NO. 38 - CLASSIFICATIONS AND NUMERIC STANDARDS SOUTH PLATTE RIVER BASIN LARAMIE RIVER BASIN REPUBLICAN RIVER BASIN SMOKY HILL RIVER BASIN
Section 5 CCR 1002-38.5 - BASIC STANDARDS

5 Colo. Code Regs. § 1002-38.5

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Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-38.5 - BASIC STANDARDS
(1)Temperature

All waters of the South Platte, Laramie, Republican and Smoky Hill River Basins 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 38-1. 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 38-1.

(3)Uranium
(a) All waters of the South Platte 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), (f), and (g). These circumstances include headwaters, Direct Use Water Supply (DUWS) Lakes and Reservoirs, and other special circumstances determined by the Commission. After December 31, 2022, total nitrogen will be considered for adoption per the circumstances outlined in 31.17(g) and (h).

Prior to December 31, 2027, nutrient criteria will be adopted for headwaters on a segment by segment basis for the South Platte River 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 South Platte River Basin:

Segment

Permittee

Facility name

Permit No.

COSPUS01a

Alma Town of

Alma, Town of

CO0035769

COSPUS01a

Fairplay Sanitation District

Fairplay Sanitation District WWTF

CO0040088

COSPUS01a

Boy Scouts of America Pikes Peak Council

Camp Alexander

COG588036

COSPUS02a

Florissant Water and San Dist

Florissant Water and San Dist

CO0041416

COSPUS02a

Teller County

Teller County WW Utility Board

CO0044211

COSPUS03

Woodland Park City of

Woodland Park, City of

CO0043214

COSPUS03

YMCA Camp Shady Brook

Camp Shady Brook

CO0045993

COSPUS03

Lost Valley Ranch Corporation

Lost Valley Ranch

COG588122

COSPUS04

Will-O-Wisp Metro District

Will-O-Wisp Metro District

CO0041521

COSPUS04

Bailey WSD

Bailey WSD WWTF

COG588056

COSPUS04

Platte Canyon School Dist 1

Platte Canyon School Dist 1

COG588114

COSPUS05c

Mountain Water and Sanitation District

Mountain Water & Sanitation District

CO0022730

COSPUS06a

Roxborough Water and Sanitation District

Roxborough Park Water & San WWTF

CO0041645

COSPUS10a

Plum Creek Water Reclamation Authority

Plum Creek WW Authority WWTF

CO0038547

COSPUS10a

Perry Park Water and Sanitation District

Sageport WWTF

CO0043044

COSPUS11b

Perry Park Water and Sanitation District

Waucondah WWTP

CO0022551

COSPUS14

Littleton/Englewood Cities of

Littleton/Englewood, Cities of

CO0032999

COSPUS15

Metro Waste Water Reclamation District

Metro Wastewater Reclamation District

CO0026638

COSPUS15

Brighton City of

Brighton WWTF

CO0021547

COSPUS15

South Adams County WSD

Williams Monoco WWTF

CO0026662

COSPUS15

Metro Waste Water Reclamation District

Northern Treatment Plant

CO0048959

COSPUS16c

Ascentia Real Estate Holding Company LLC

Foxridge Farms MH Community

CO0028908

COSPUS16c

SouthWest Water Company

Hi-Land Acres W&SD WWTF

COG589072

COSPUS16c

Mile High Racing and Enter dba Arapahoe Park

Arapahoe Park Racetrack

COG589073

COSPUS16c

Rangeview Metro District

Coal Creek WW Reclamation Fac

COG589108

COSPUS16g

Centennial Water and San Dist

Marcy Gulch WWTF

CO0037966

COSPUS16i

Aurora City of - Aurora Water

Sand Creek Water Reuse Facility

CO0026611

COSPCH01

Stonegate Village Metropolitan District

Stonegate Village WWTF

CO0040291

COSPCH01

Pinery Water and Wastewater District

Pinery WWTF

CO0041092

COSPCH01

Parker Water and Sanitation District

Parker North WRF

CO0046507

COSPCH04

Arapahoe County W and WW Authority

Lone Tree Creek WWTP

CO0040681

COSPBE01a

Amen Real Estate LLC

Singin' River Ranch WWTF

CO0035971

COSPBE01b

Morrison Town of

Morrison Town of

CO0041432

COSPBE01e

Kittredge Sanitation and Water District

Kittredge San & Water District

CO0023841

COSPBE01e

Bruce & Jayne Hungate DBA Bear Creek Cabins

Bear Creek Cabins

CO0030856

COSPBE01e

Evergreen Metropolitan District

Evergreen Metropolitan Dist WWTF

CO0031429

COSPBE04a

Genesee WSD

Genesee Water & San District

CO0022951

COSPBE04a

Forest Hills Metro District

Forest Hills Metropolitan Dis

CO0037044

COSPBE05

West Jefferson County MD

W. Jefferson County Metro Dist

CO0020915

COSPBE05

Historic Brook Forest Inn LLC

Brook Forest Inn

CO0030261

COSPBE06a

Tiny Town Foundation Inc

Tiny Town

CO0036129

COSPBE06a

Aspen Park Metropolitan District

Aspen Park Metropolitan District

CO0000001

COSPBE06b

Jefferson County Public Schools R-1

Conifer High School WW Rec Plt

CO0047988

COSPCL01

Colorado Dept of Transportation

Eisenhower/Johnson Memorial Tunnels

CO0026069

COSPCL01

Clear Creek Skiing Corp

Loveland Ski Area WWTF

CO0040835

COSPCL02a

Georgetown Town of

Georgetown WWTF

CO0027961

COSPCL02c

Central Clear Creek SD

Central Clear Creek SD WWTF

COG588055

COSPCL05

Empire Town of

Empire Town of

COG588065

COSPCL09a

St Marys Glacier WSD

St Mary's Glacier WSD

CO0023094

COSPCL10

Shwayder Camp Wastewater

Shwayder Camp WWTF

CO0047473

COSPCL11

Idaho Springs City of

Idaho Springs WWTF

CO0041068

COSPCL12b

Clear Creek WWTP

Clear Creek WWTP

CO0046574

COSPCL13b

Black Hawk/Central City Sanitation District

Black Hawk/Central City SD WWTF

CO0046761

COSPCL14a

MillerCoors LLC

MillerCoors Golden Facility

CO0001163

COSPBD01

Westminster City of

Big Dry Creek WWTF

CO0024171

COSPBD01

Broomfield City and County

Broomfield WWTF

CO0026409

COSPBD01

Northglenn City of

Northglenn WWTF

CO0036757

COSPBO02b

San Lazaro Park Properties LLP c/o

San Lazaro MHP WWTF

CO0020184

COSPBO02b

BaseCamp Ventures LLC

Boulder Mountain Lodge WWTF

CO0040819

COSPBO02b

Mueller Red Lion Inn

Red Lion Inn WWTF

COG588118

COSPBO03

Nederland Town of

Nederland Town of WWTF

CO0020222

COSPBO04b

Eldorado Springs Wastewater

Eldorado Springs WWTF

CO0047651

COSPBO04b

San Souci MHP

San Souci MHP

COG588101

COSPBO07b

Louisville City of

Louisville WWTF

CO0023078

COSPBO07b

Lafayette City of

Lafayette WWTF

CO0023124

COSPBO07b

Erie Town of

Erie WWTF

CO0045926

COSPBO08

Superior Metropolitan District No 1

Superior Metropolitan Dist No1

CO0043010

COSPBO09

Boulder City of

75TH ST WWTP

CO0024147

COSPBO10

Erie Town of

Erie North Water Reclamation Facility

CO0048445

COSPBO10

B & B Mobile Home and RV Park

B & B Mobile Home & RV Park

COG588107

COSPBO14

Lake Eldora WSD

Lake Eldora WSD WWTF

CO0020010

COSPSV02a

Peaceful Valley Ranch LLC

Peaceful Valley Ranch WWTF

CO0048828

COSPSV02a

Seventh-Day Adventist Assoc of Colorado

Glacier View Ranch

CO0030112

COSPSV02a

Aspen Lodge at Estes Park Corp

Aspen Lodge at Estes Park Corp

CO0042820

COSPSV02b

Lyons Town of

Lyons Town of

CO0020877

COSPSV03

Longmont City of

Longmont WWTF

CO0026671

COSPSV03

St Vrain Sanitation District

St Vrain Sanitation District

CO0041700

COSPSV06a

Fairways Metro Dist

Fairways WWTF

CO0048411

COSPSV06b

Niwot Sanitation District

Niwot Sanitation District

CO0021695

COSPSV06b

Mead Town of

Lake Thomas Subdivision WWTF

CO0046868

COSPSV06b

Mead Town of

Mead, Town of

CO0046876

COSPMS01a

Fort Lupton City of

Fort Lupton WWTF

CO0021440

COSPMS01a

Platteville Town of

Platteville WWTF

CO0040355

COSPMS01b

Evans City of

Evans City of WWTF

CO0020508

COSPMS01b

Kersey Town of

Kersey WWTF

CO0021954

COSPMS01b

Evans City of

Hill-N-Park Sanitation Dist.

CO0047287

COSPMS01b

La Salle Town of

La Salle Town of

COG588058

COSPMS01b

Gilcrest Town of

Gilcrest WWTF

COG588121

COSPMS03a

Elizabeth Town of

Gold Creek

COG589037

COSPMS03a

Galeton Water and Sanitation District

Galeton Water & San District

CO0043320

COSPMS03a

Orica USA Inc

Orica USA, Inc.

CO0046221

COSPMS03a

Spring Valley Ranch

Spring Valley Ranch WWTF

CO0046965

COSPMS03a

Front Range Airport WWTF

Front Range Airport WWTF

CO0047741

COSPMS04

Lochbuie Town of

Lochbuie Town of

CO0047198

COSPMS05a

Swift Beef Company

Swift Beef - Lone Tree

CO0027707

COSPMS05c

Hudson WWTF

Hudson Mechanical WWTF

COG589104

COSPMS06

Keenesburg Town of

Keenesburg Town of

CO0041254

COSPMS06

Bennett Town of

Bennett Town of

COG589069

COSPBT02

Estes Park Sanitation District

Estes Park Sanitation District

CO0020290

COSPBT02

Upper Thompson Sanitation District

UTSD WWTF

CO0031844

COSPBT04

Loveland City of

Loveland WWTP

CO0026701

COSPBT05

Milliken Town of

Milliken Sanitation District

CO0042528

COSPBT05

Johnstown Town of

Low Point WWTP

CO0047058

COSPBT07

Hidden View Estates HOA

Hidden View Estates HOA WWTF

CO0048861

COSPBT09

Johnstown Town of

Johnstown Central WWTF

CO0021156

COSPBT09

Riverglen Homeowners Assoc

Riverglen HOA WWTF

CO0029742

COSPBT09

Berthoud Town of

Berthoud Town of

CO0046663

COSPBT10

Berthoud Town of

Serenity Ridge WWTF

CO0047007

COSPBT10

Western Mini-Ranch/Vaquero Estates Sewer Assoc.

Western Mini-Ranch/Vaquero Est

COG589095

COSPBT10

Berthoud Estates Community Assoc

Berthoud Estates WWTF

COG589097

COSPCP08

Fox Acres Community Services Corp

Fox Acres WWTF

COG589112

COSPCP08

Girl Scouts of Colorado

Magic Sky Ranch G.S. Camp

CO0047317

COSPCP11

Fort Collins City of

Mulberry WWTP

CO0026425

COSPCP11

Fort Collins City of

Drake WWTP

CO0047627

COSPCP12a

Windsor, Town of

Windsor Town of WWTF

CO0020320

COSPCP12b

Greeley City of

Greeley City of

CO0040258

COSPCP12b

Leprino Foods Company

Leprino Greeley Facility WWTF

CO0048860

COSPCP13a

Anheuser Busch Inc

Nutri-Turf, Inc.

CO0039977

COSPCP13a

Eaton Town of

Eaton, Town of

CO0047414

COSPCP13a

Saddler Ridge Metro Dist Water Reclamation Facility

Saddler Ridge Metro Dist Water Reclamation Facility

COG589107

COSPCP13c

Boxelder Sanitation District

Boxelder Sanitation District WWTF

CO0020478

COSPCP13c

Wellington Town of

Wellington WWTF

CO0046451

COSPCP22

South Fort Collins Sanitation District

South Fort Collins San Dist

CO0020737

COSPLS01a

Western Sugar Cooperative

Fort Morgan Facility

CO0041351

COSPLS01a

Cargill Meat Solutions

Fort Morgan Beef Plant

CO0044270

COSPLS01a

Brush City of

Brush City of

CO0021245

COSPLS01a

Fort Morgan City of

Fort Morgan City of

CO0044849

COSPLS01a

Snyder Sanitation District

Snyder Sanitation District

COG588016

COSPLS01a

Morgan Heights WSD

Morgan Heights Water & Sewer Inc.

COG588040

COSPLS01b

Julesburg Town of

Julesburg Town of

CO0021113

COSPLS01b

Sterling City of

Sterling City of

CO0026247

COSPLS01b

Ovid Town of

Ovid Town of

COG588106

COSPLS02

Leprino Foods Company

Fort Morgan Cheese Facility

CO0043958

COSPLS02

Deer Trail Town of

Deer Trail WWTF

COG589002

COSPLS02

Hillrose Town of

Hillrose WWTF

COG589030

COSPLS02

Byers Water and Sanitation District

Byers Water and Sanitation District

COG589033

COSPLS02

Eastern Adams County Metro District

Eastern Adams CO Metro Dist WWTF

COG589035

COSPLS02

Kiowa Town of

Kiowa WWTF

CO0033405

COSPLS02

Elbert Water Sanitation District

Elbert Water Sanitation District WWTF

COG589065

COSPRE03

Wray City of

Wray City of

CO0023833

COSPRE06

Flagler Town of

Flagler WWTF

COG589036

COSPRE06

Arriba Town of

Arriba WWTF

COG589055

COSPRE06

Holyoke City of

Holyoke, City of

COG589059

COSPRE06

Akron Town of

Akron WWTF

COG589061

COSPRE06

Haxtun Town of

Haxtun. Town of

COG589062

COSPRE06

Stratton Town of

Stratton WWTF

COG589100

COSPRE06

Burlington City of

Burlington City of WWTF

COG589114

COSPRE06

Seibert Town of

Seibert WWTF

COG589120

COSPRE07

Cheyenne Wells Sanitation District No 1

Cheyenne Wells Sanitation District

COG589039

Unclassified

Silco Oil Co

Tomahawk Truck Stop

COG589003

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 38.5(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 1002-38.5

38 CR 03, February 10, 2015, effective 6/30/2015
38 CR 17, September 10, 2015, effective 12/31/2015
39 CR 03, February 10, 2016, effective 3/1/2016
39 CR 03, February 10, 2016, effective 6/30/2016
39 CR 23, December 25, 2016, effective 12/30/2016
40 CR 03, February 10, 2017, effective 6/30/2017
40 CR 09, May 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
42 CR 04, February 25, 2019, effective 6/30/2019
43 CR 03, February 10, 2020, effective 6/30/2020
43 CR 17, September 10, 2020, effective 12/31/2020
44 CR 01, January 10, 2021, effective 2/14/2021
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
45 CR 21, November 10, 2022, effective 11/30/2022
46 CR 10, May 25, 2023, effective 6/14/2023