5 Colo. Code Regs. § 1002-61.12
Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-61.12 - VARIANCES(a) A variance may be granted with respect to a standard, control regulation, or permit condition as provided in this section provided that the requirements for variances under the Federal Clean Water Act and the regulations promulgated thereunder are met(b) Variances from control regulations which have general applicability may be granted if the Division determines that the benefits derived from meeting the limitation(s) do not bear a reasonable relationship to the economic, environmental, and energy impacts or other factors which are particular to the applicant in complying with the control regulations; except that such variances shall be consistent with the purposes of the Water Quality Control Act and these regulations, including the protection of existing beneficial uses.(c) Any request for a variance with respect to a permit condition shall be made not sooner than 90 days after the filing of a complete permit application and not later than 30 days after issuance of the permit by the Division. Requests for variances from any other application of a control regulation shall be made within thirty (30) days of legal notice by the Division of the regulation or prior to operation of any new or expanded facility which would be affected by the control regulations. A variance may also be sought within thirty (30) days of facts becoming available which had not been reasonably available to the applicant prior to that time or upon application to the Commission for good cause shown.(d) The Division shall approve or disapprove any variance request and issue its decision within ninety (90) days after receipt of all information submitted by the applicant and/or required by the Division for proper evaluation of the variance request If the Division requires additional information for evaluation, the applicant shall be advised by the Division within 30 days if, and in what respects, the request is incomplete. If additional information is requested by the Division, the Division shall have fifteen (15) days in addition to the ninety (90) day period, from the date each additional information packet is submitted to determine whether the additional information which was submitted satisfies the request and to advise the applicant if, and in what respects, the additional information does not satisfy the request.
(e) The applicant for a variance shall submit any information which it desires the Division to review regarding the economic reasonableness of the control regulation, or other permit condition as it applies to the applicant and from which the variance is sought. If the applicant fails to submit such information, the Division will base its decision on information reasonably available to it.(f) Notice of a variance request shall be sent to anyone who has requested such notice and shall be included on the next Commission agenda. Within forty-five (45) days of issuance of a variance decision by the Division which does not involve discharge permit conditions required by the Federal Act, the Commission on its own motion or on the motion of the Division or any interested person may decide to review the variance decision. In such event an adjudicatory hearing pursuant to section 24-4-105, C.R.S., shall be held and the Commission may affirm, modify, or deny the decision.(g) A variance may be granted for no longer than the duration of the permit, During the duration of a permit, a variance may be renewed at the discretion of the Division in accordance with the same procedures which applied to the first variance decision.(h) The applicant for a variance shall be responsible for submitting any additional information that may be necessary to comply with the requirements for variances of the Federal Clean Water Act and the regulations promulgated thereunder.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