The provisions of 25-8-202(1)(d); and 25-8-501 to 504 C.R.S. provide the specific statutory authority for adoption of these regulatory amendments. The Commission also adopted the following statement of basis and purpose.
Basis and Purpose
As a result of this rulemaking, the Commission deleted the previous subsection 61.7 of this regulation. The Commission determined that this provision should be deleted because no authority is established in section 25-8-406 of the Water Quality Control Act to extend the 10-day timeframe for acting on a request for administrative stay if the Division determines that additional information is needed to potentially grant a stay. The Commission notes that if these circumstances arise the Division has the option of denying the request for a stay, while advising the person requesting the stay that the Division is willing to reconsider its decision if the request is resubmitted with specified additional information included.
5 CCR 1002-61.50