5 Colo. Code Regs. § 1002-61.14

Current through Register Vol. 47, No. 11, June 10, 2024

Section 5 CCR 1002-61.14 - GROUND WATER

61.14(1)APPLICABILITY

(a) Pursuant to this section a permit shall be required for all land application discharges and for all discharges from impoundments unless:

(i) The discharge is exempted under section 61.14(1)(b);

(ii) The discharge is subject to the jurisdiction of one of the implementing agencies described in 61.14(2);

(iii) The impoundment has received a waiver from the Division pursuant to section 61.14(9)(a); or

(iv) The owner of a land application system can demonstrate that:

(A) The design and operation of the system will result in complete evapotranspiration of the effluent;

(B) There is adequate storage provided for the effluent during periods of inclement weather or where the ground has been frozen unless the provisions of (A) above, can be met during the entire year; and;

(C) Any augmentation plan or substitute supply plan for the land application site does not provide a credit for return of the effluent to ground water.

(v) Land application of reclaimed water is occurring under the provisions of a notice of authorization issued pursuant to Regulation 84, including any return flow.

(vi) The discharge consists entirely of animal or agricultural waste on farms, ranches, floricultural, or horticultural operations and is exempted from permitting under section 25-8-504(2)(a), C.R.S.

(b) The following facilities are specifically exempted from coverage under the ground water discharge provisions of this regulation:

(i) Any impoundment subject to regulation under the Uranium Mill Tailings Radiation Control Act, 42 U.S.C., Section 7901, et seq. as amended.

(ii) Any impoundment used in the treatment, storage or recharge of raw or potable water.

(iii) Any stormwater retention or detention impoundment.

(iv) Any impoundment or land application system for which a currently valid certificate of designation has been obtained pursuant to the Solid Waste Disposal Sites and Facilities Act, C.R.S. 1973, 30-20-101, et seq. as amended, and other impoundments or land application systems subject to regulation under that Act which are not part of a wastewater treatment system for which a Colorado Discharge Permit System (CDPS) permit for a discharge to surface waters is required.

(v) Any tank which does not result in a discharge to ground water.

(vi) Any beneficial use of biosolids through land application pursuant to the "Biosolids Regulation," Regulation 64 (5 CCR 1002-64), or the beneficial use of septage through land application pursuant to 40 CFR 503.

(vii) Any facility operating under a permit issued pursuant to the Underground Injection Control provisions of the Safe Drinking Water Act, 42 U.S.C. 300f, et seq.

(viii) Any on-site wastewater treatment system with a design capacity of 2,000 gallons per day or less, if designed and constructed in accordance with requirements pursuant to the On-site Wastewater Treatment Systems Act, section 25-10-101 C.R.S., et. seq.

(ix) Any onsite landscape irrigation system located on a domestic wastewater treatment plant site using treated effluent that is applied at an agronomic rate.

(x) Any graywater treatment works with a design capacity of 2,000 gallons per day or less, if designed and constructed in accordance with Regulation 86 (5 CCR 1002-86).

(c) Any ground water permit conditions, limitations, or control plans established by the Division pursuant to these regulations shall only be subject to enforcement through the Colorado Water Quality Control Act section 25-8-101, C.R.S. et seq.

61.14(2)REGULATION BY IMPLEMENTING AGENCIES

Consistent with section 25-8-202(7), C.R.S. this section shall only apply to those activities that are not subject to the jurisdiction of the following implementing agencies:

(a) The Division of Reclamation and Mining Safety of the Department of Natural Resources.

(b) The State Engineer of the Department of Natural Resources.

(c) The Oil and Gas Conservation Commission of the Department of Natural Resources.

(d) The Hazardous Materials and Waste Management Division of the Department of Public Health and Environment.

(e) The Division of Oil and Public Safety of the Department of Labor and Employment.

61.14(3)IMPACTS FROM SURFACE WATERS

The Division may assign permit limitations for any pollutants discharged to surface waters which may be shown, based on available information, to cause an exceedance of ground water standards or numerical protection levels. In establishing such limitations the Division shall take into account any attenuation in the concentration(s) of the pollutant(s) of concern in the stream up to the point of compliance.

61.14(4)POINT OF COMPLIANCE

Point(s) of compliance, where necessary to protect ground water standards or numerical protection levels, will be established by the Division in accordance with section 41.6 of the "Basic Standards for Ground Water", Regulation 41 (5 CCR 1002-41), except as provided below. For discharges to surface waters which are impacting ground waters the point of compliance shall be set as follows:

(a) Where the zone of aquifer recharge occurs prior to the site boundary, the point of compliance shall be set in accordance with section 41.6(d)(1).

(b) Where the zone of aquifer recharge occurs beyond the site boundary, the point of compliance shall be set at the beginning of the zone of aquifer recharge.

61.14(5)VERIFICATION MONITORING

(a) Pursuant to Section 61.8 the Division may, as a condition of the permit, require the permittee to monitor at any point prior to the point of compliance in order to provide an indication of concentrations of pollutants prior to application to land, in the vadose zone, or in the ground water prior to their reaching a point of compliance.

(b) Detection wells or vadose zone monitoring may be required in order to establish the quality of the effluent and ground water mix immediately downgradient of the land application site or impoundment. Where a modeled attenuation of pollutants in the vadose zone and/or in the ground water has been used as a basis for determining that effluent limits will be met at the point of compliance, the Division may require detection wells or other monitoring along one or more lines parallel with the flow path in order to verify that the predicted attenuation is taking place. Concentration values expected to occur prior to application to the land, in the vadose zone, or at detection wells, which are based on an expected level of treatment or a predicted attenuation, will be referenced in the permit for use in determining the need to prepare and implement a control plan as described in section 61.14(6).

61.14(6)CONTROL PLAN

(a) The Division may, as a condition of a permit, require the permittee to complete and submit a control plan if the concentration of an effluent parameter at any verification monitoring point exceeds;

(A) A value based on the predicted attenuation at that point which was used to determine that an effluent limitation could be met at the point of compliance, or

(B) The effluent limitation itself where the effluent limit is established at a point other than the point of compliance.

(b) The control plan described in section 61.14 shall describe the action to be taken by the permittee which will insure that the concentration of the pollutant(s) of concern will not exceed the effluent limit(s) for the pollutant(s) at any point of compliance. As part of the plan the permittee may show, through additional monitoring or ground water quality modeling, that effluent limitations will not be exceeded at the point of compliance. As a condition of accepting the permittee's conclusions based on modeling or additional monitoring the Division may require the permittee, through a schedule of compliance, to install additional detection wells to verify the accuracy of the conclusions stated in the control plan. Where additional monitoring or modeling does not demonstrate that effluent limitations will be met at the point of compliance, the control plan must include an analysis of viable alternatives for elimination of the excess pollutant level(s) and selection of a preferred alternative/The Division may require the permittee to implement the selected alternative, or any other alternative if it find the selected alternative to be inadequate, in the form of a schedule of compliance to be added in an amendment to the permit. Implementation of a control plan does not abrogate the requirement to comply with all effluent limits at any point of compliance.

(c) A control plan will not be required where the permittee can demonstrate that the elevated pollutant concentrations are being caused by an off-site activity for which the permittee has no responsibility.

61.14(7)LAND DISPOSAL

(a) Discharges to land which qualify as land disposal pursuant to section 61.2 are required to meet effluent limitations determined in accordance with section 61.8 to be necessary for protection of ground water standards, or numerical protection levels at any point(s) of compliance.

(b) Effluent limitations for land disposal systems shall, as a minimum, meet the applicable limitations found in section 61.8(2) of this regulation.

61.14(8)LAND TREATMENT

(a) Discharges to land which, pursuant to section 61.2 meet the definition of land treatment are required to meet effluent limitations at any point(s) of compliance determined in accordance with Section 61.8 to be necessary for protection of ground water standards or numerical protection levels.

(b) Where effluent limits at a point of compliance are not required, due to a determination by the Division that no impact to ground water inconsistent with ground water standards or numerical protection levels is likely, the Division may require reasonable monitoring and reporting to continue to verify that the probability of impact to ground water is not significantly increasing due to the possible addition of new pollutants or to higher loading rates.

61.14(9)IMPOUNDMENTS

(a) The owner of any impoundment who can demonstrate, using a method which has been approved by the Division, that the seepage from the impoundment does not exceed 1 X 10^-6 cm/sec ("Allowable Seepage") will be considered not to have a discharge to waters of the state, by virtue of the insignificant nature of the seepage, and a waiver of the requirement to obtain a permit will be granted by the Division. In addition to demonstrating that the allowable seepage will not be exceeded, the owner must also receive the Division's concurrence, based on a review of the design, operating plan, and any other available information, that the type of liner or other impermeable material which is in place will maintain their integrity for the projected life of the impoundment. Such Division determination shall take into consideration the material(s) expected to be placed in the impoundment and other operation or maintenance factors which may affect the permeability. If the Division discovers that an incompatible material has been placed in the impoundment, or that proper operation and maintenance procedures for the specific type of liner or other impermeable material have not been followed, it may require a water balance or other additional testing to demonstrate that the seepage rate does not exceed the allowable seepage. Failure by the owner to conduct such testing will be grounds for the Division to require a permit for the discharge from the impoundment.

(b) Any owner of an impoundment who fails to demonstrate that the seepage from the impoundment is less than or equal to 1 X 10^-6 cm/sec shall be required to submit an application and obtain a permit as required in section 61.14(10) which follows.

(c) Where effluent limits at a point of compliance are not required, due to a determination by the Division that no impact to ground water inconsistent with ground water standards or numerical protection levels is likely, the Division may require reasonable monitoring and reporting to continue to verify that the probability of impact to ground water is not significantly increasing due to the possible addition of new pollutants or to higher loading rates.

61.14(10)APPLICATION AND OPERATION REQUIREMENTS

(a) The owner of any land application system whose construction is commenced after July 1, 1993, is prohibited from applying any effluent to the land prior to obtaining an effective discharge permit. The owner of any impoundment who construction is commenced after July 1, 1993 and who has not received a waiver, pursuant to section 61.14 , is prohibited from placing any material, other than raw or potable water, in the impoundment prior to obtaining a discharge permit.

(b) Consistent with section 61.4 , the owner of any existing land application system or impoundment which has not received a waiver pursuant to section 61.14 must submit a permit application to the Division within sixty days of being so notified. If the land application system and/or impoundment is already described in the rationale for CDPS permit, the information pertinent to the land application system and/or impoundment is not required to be submitted until the application for renewal of the CDPS is due. The owner of any other existing facility shall submit an application within two years of July 1, 1993, whether notification has been provided by the Division or not. The owner of any existing land application system or existing impoundment may continue operation of those facilities pending action on a permit application filed in conformance with the above stated requirements.

5 CCR 1002-61.14

38 CR 01, January 10, 2015, effective 1/30/2015

38 CR 11, June 10, 2015, effective 6/30/2015

39 CR 17, September 10, 2016, effective 12/31/2016

39 CR 21, November 10, 2016, effective 12/31/2016

40 CR 07, April 10, 2017, effective 4/30/2017

41 CR 23, December 10, 2018, effective 12/30/2018

43 CR 10, May 25, 2020, effective 6/14/2020