5 Colo. Code Regs. § 1002-61.11
Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-61.11 - WATER QUALITY STANDARDS BASED PERMITS - DETERMINATION OF ECONOMIC, ENVIRONMENTAL, PUBLIC HEALTH, AND ENERGY IMPACT(a) Where a permit requires treatment to levels necessary to protect water quality standards and beyond levels required by technology-based limitation requirements, only for the purpose of disclosure in the record of decision, the Division must determine whether or not any or all of the water-quality-standard based effluent limitations are reasonably related to the economic, environmental, public health, and energy impact to the public and affected persons, and are in furtherance of the policies set forth in sections 25-8-102 and 25-8-104, C.R.S. Where economic, environmental, public health, and energy impact to the public and affected persons have been considered in the classifications and standards process, permits written to meet the standards may be presumed to have taken into consideration economic factors unless: (i) A new permit is issued where the discharge was not in existence at the time of the classification and standards rulemaking, or,(ii) In the case of a continuing discharge, additional information or factors have emerged that were not anticipated or considered at the time of the classification and standards rulemaking.(b) The Division's determination shall be based upon information available to it including previous water quality classification and standards hearing records, information provided during the public comment period on the draft permit, information provided by the permittee or in response to specific requests for information. (i) Permit public notice shall serve as Division notice to the applicant and the general public of treatment requirements beyond technology-based effluent limitations.(ii) The permit applicant is advised to make available to the Division any economic, environmental, public health, or energy impact information regarding the reasonableness of the need for beyond technology based limitations within the thirty day public notice period provided for in section 61.5(2)(d) of these regulations. (iii) The Division may formally request additional information from the applicant beyond that provided in the initial information submittal. The permit applicant's response to the Division's request must be made within forty-five days of receipt of the request or by a mutually agreed upon date.(iv) The Division may extend the existing permit or issue a temporary permit in accordance with sections 25-8-502(5)(a)(l) and 24-4-104, C.R.S. to allow the applicant additional time to collect and submit relevant information regarding the adverse economic, environmental, public health, and energy impact consequences of requiring beyond technology-based effluent limitations in the permit.(c) Such determination shall be included as a part of the written record of the issuance of the final permit, whether or not a variance is available under section 61.12 of these regulations to alter the water quality standards based effluent limitations.38 CR 01, January 10, 2015, effective 1/30/201538 CR 11, June 10, 2015, effective 6/30/201539 CR 17, September 10, 2016, effective 12/31/201639 CR 21, November 10, 2016, effective 12/31/201640 CR 07, April 10, 2017, effective 4/30/201741 CR 23, December 10, 2018, effective 12/30/201843 CR 10, May 25, 2020, effective 6/14/2020