5 Colo. Code Regs. § 1002-42.16
The provisions of C.R.S. 25-8-202(1)(a), (b) and (2); 25-8-203; and 25-8-204 provide the specific statutory authority for adoption of these regulatory provisions. The Commission has also adopted, in compliance with C.R.S. 24-4-103(4), the following statement of basis and purpose.
BASIS AND PURPOSE
The request to classify the ground water in the southwest water protection area of Kit Carson County was brought to the Commission by a group of area residents. This was the first time that citizens had sought site-specific classification of ground water in Colorado. Previous to this occasion, requests for classification have come through the Division on behalf of public water suppliers, or, in a few instances, from the suppliers themselves. The key issues addressed at the hearing included (1) the need for classification, recognizing the current interim narrative standard which applies statewide, (2) the appropriate level for a nitrate standard in the specified area, and (3) the size and configuration of the specified area.
The Commission determined that the ground water underlying the area indicated in Figure 38 is relied upon for domestic and agricultural uses, based on information regarding existing wells in the area. The Commission accepted the boundaries of the specified area as proposed. The Commission agreed to classify the area rather than rely solely on the interim narrative standard for protection. The "interim" standard was always intended to be just that-an interim protection measure until adequate information is available to warrant the adoption of site-specific classifications and standards.
Ground water quality monitoring by Midwest Farms and by the citizen group requesting this hearing indicates ground water quality in the area in question currently meets or is better than that specified by table value criteria for agriculture and domestic uses. The nitrate levels for samples taken to date, in particular, were considerably below the table value of 10 mg/l. The citizen group argued that the nitrate standards should be set close to current levels to prevent future degradation and argued that the table values were not adequately protective of human health. They requested that the Commission establish a standard of 4.25 mg/l for nitrate within the specified area. Midwest Farms argued that the 10 mg/l standard for nitrate was established by the EPA and had been applied consistently in prior ground water classification hearings. The Water Quality Control Division supported the table value standard for nitrate, and agreed that potential changes to the table values were more appropriately addressed in a hearing on the Basic Standards for Ground Water.
The Commission deliberated at length on the appropriate level for the nitrate standard, and determined that it would not be appropriate to assign a standard lower than the table value as a result of this hearing. Data regarding current nitrate levels in the area in question is limited. Moreover, the alternative proposal raises important statewide policy issues that should be considered in a broader hearing.
In spite of the extensive discussion in this hearing regarding a proposed Midwest Farms swine production facility in the area, the Commission notes that the purpose of this hearing was to determine whether ground water quality classifications and standards should be adopted; not to determine whether the Midwest Farms operation should be allowed or what controls may be appropriate for such operation. The Commission encourages Midwest Farms, the area residents and the Water Quality Control Division to work cooperatively to put in place an effective waste management plan and ground water monitoring program that would provide adequate forewarning of any changes in soil or ground water quality to ensure the protection of ground water quality in the area.
PARTIES TO THE RULEMAKING HEARING
5 CCR 1002-42.16