5 Colo. Code Regs. § 1002-62.12

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

Section 5 CCR 1002-62.12 - Statement of Basis, Specific Statutory Authority and Purpose:

The provisions of 24-4-103; 25-8-202(1)(c) and (2); and 25-8-205, C.R.S. provide the specific statutory authority for consideration of the regulatory amendments proposed by this Notice.

The proposed amendments are being made in order to:

(1) restructure the format of the regulation so that it is consistent with that of other regulations, and

(2) make the regulation consistent with the Federal Secondary Treatment Regulation (40 CFR 133.100-133.105).

The regulation, in its previous form, was not consistent with accepted for other Water Quality Control Commission regulations. This made it difficult to cite certain portions of the regulations in permits and other related documents. Under the amended regulation similar requirements, such as effluent limitations and sampling requirements, have been grouped together. Also the numeric order of the regulation has been adjusted such that it follows a logical progression. Actual deletions from the regulation, as well as major portions which are being moved, are denoted by slash marks. New portions of the regulations as well as those portions of the old regulation which have been moved, are denoted by capital letters.

The changes being made pursuant to the Federal Secondary Treatment Regulations are summarized below:

1. A provision has been added for a variance from the 85 percent removal requirement. The variance would only be granted where the permittee has;

(1) quantified the amount of excessive infiltration/inflow (I/I) which is tributary to its collection system,

(2) performed an analysis of the cost effectiveness of removing the excessive I/I versus treating it, and

(3) eliminated any excessive I/I where it is shown to be cost effective to do so.

2. The two million gallon a day ceiling for allowing the adjusted total suspended solids limitations has been removed.

5 CCR 1002-62.12

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