5 Colo. Code Regs. § 1002-41.7
Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-41.7 - IMPLEMENTATIONA. Except for sections 41.5 and 41.6 , these regulations shall not be deemed automatically applicable to any groundwaters of the State.B. The Commission is responsible for classifying the groundwaters of the State and promulgating water quality standards as set forth in sections 25-8-202(1)(a), 25-8-203 and 25-8-204, C.R.S. The Commission may classify groundwaters and promulgate water quality standards in accordance with the provisions of sections 41.4 and 41.5 of the regulations, upon its own motion or upon petition submitted by the division, any other state agency, or any interested person, including a regulated entity or a person who may be affected by groundwater quality.
C. The determination to accept or deny a petition for consideration under this section, and the scheduling of such petitions for hearing, shall be at the discretion of the Commission, provided, however, that the Commission shall be required to hear any petition for a sitespecific standard or a site-specific point of compliance for radioactive materials and organic pollutant standards submitted pursuant to section 41.5 . In making such determinations the Commission shall consider the hardship or impact that inaction may have upon the petitioner, other interested persons, and the groundwaters of the State; the relative hardships or impacts that may be caused where more than one petition is submitted or is pending; the stage of development of an appropriate data base for decision-making; the Commission's workload and priorities for action; and other relevant factors.D. Hearings under this section shall be held in accordance with section 24-4-103, C.R.S. and the Commission's Procedural Regulations.E. The Commission may consider a change in classifications or water quality standards based upon substantial new information demonstrating that the current classifications or standards should no longer apply. The determination to accept or deny a petition for consideration under this subsection shall be made in accordance with subsection B, above, provided that no groundwaters shall be considered for reclassification or changes in water quality standards more than once in any twelve month period.F. The Commission may grant variances from the standards specified in section 41.5 of these regulations on a case-by-case basis considering the factors listed in section 25-8-204(4) C.R.S., and where it is demonstrated by a preponderance of the evidence that a variance from the water quality standards specified in section 41.5 is most appropriate to the protection of the classified uses. The extent and duration of any such variance shall be made on a case-by-case basis.G. When the Commission has established statewide standards or classification(s) and standards for groundwater in a specified area, those classifications and standards shall be used with respect to the regulation and subsequent enforcement of specific activities by the Commission, the Administration and other State agencies, consistent with applicable law.H. When the Commission has not established classification(s) and standards for groundwater in a specified area, the Commission recommends the classifications and standards set forth in these regulations as guidance for use by other State agencies in the implementation of groundwater protection responsibilities, on a case-by-case basis, consistent with applicable law. This shall not be construed as a delegation by the Commission of its authority to classify groundwater and promulgate water quality standards.I. Existing discharges of pollutants to groundwater shall be deemed "activities" as defined in section 41.3 , and are not exempt from regulation, unless specific statutory or regulatory provisions require otherwise. 39 CR 11, June 10, 2016, effective 6/30/201639 CR 23, December 10, 2016, effective 12/30/201643 CR 11, June 10, 2020, effective 6/30/2020