5 Colo. Code Regs. § 1002-61.38
In July of 1994, the Commission adopted a comprehensive rewrite of these regulations. One of the purposes of the adopted amendments was to restructure the regulations to integrate previously adopted ground water and land application provisions. Those provisions were adopted by the Commission in November of 1990 but did not become effective until July 1, 1993. The July, 1994 rewrite integrated those provisions with the remaining provisions of the discharge permit regulations.
The Division's rewrite inadvertently omitted six ground water and land application provisions adopted by the Commission in November, 1990. Neither the Division nor any other party requested the omission of these provisions. Nor did the Commission intend their deletion.
The Commission finds that reinstatement of the omitted provisions is imperatively necessary to preserve public health, safety and welfare. Four of the omitted provisions provide the Division with needed authority to require information from a permit applicant. Such information may be crucial to evaluate whether the proposed land application or ground water discharge will adversely affect public health, safety or welfare. Absent this authority, such impacts may not be subject to the proper evaluation.
The other two omitted provisions provide the Division's authority to impose effluent limitations in ground water discharge permits. Absent the omitted language, the Division's ability to protect such standards through its permits may be jeopardized.
At the time of adoption of the emergency rule, there are at least 24 ground water discharge permit applications pending before the Division. Additional applications are expected within the next three months.
The Commission also finds that, since these provisions were already adopted by the Commission and their deletion was not intended by the Commission, their reinstatement is necessary to comply with state law.
The Commission finds that, for the reasons stated above, delaying reinstatement of the omitted provisions is contrary to the public interest. Therefore, the Commission adopts the omitted provisions presented by the Division through this emergency proceeding. The emergency rule shall be effective immediately and shall expire within three months of adoption.
5 CCR 1002-61.38