5 Colo. Code Regs. § 1002-61.40
The provisions of 25-8-202(1)(d) and (1)(i) and (2); and 25-8-501 to 504 C.R.S.(1989 Repl. Vol. 11,11A and 1992 Supp.) provide the specific statutory authority for this amendment to the Colorado Regulations for State Discharge Permit System, adopted by the Commission. The Commission has also adopted, in compliance with 24-4-103(4) C.R.S.(1988 Repl. Vol 10A and 1992 Supp.), the following statement of Basis and Purpose.
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. On November, 14, 1994, the Commission reinstated these provisions on an emergency basis. The Commission now permanently adopts the reinstatement of the omitted provisions. 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.
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.
5 CCR 1002-61.40