5 Colo. Code Regs. § 1002-63.73
The provisions of 25-8-202(1) (c) and (2); and 25-8-205(1) (b) to (d) C.R.S. provide the specific statutory authority for this amendment to the Colorado Pretreatment Regulations adopted by the Commission. The Commission has also adopted, in compliance with 24-4-103(4) C.R.S., the following Statement of Basis and Purpose.
BASIS AND PURPOSE:
The Colorado Pretreatment Regulations were adopted by the Commission on April 5, 1988. These regulations represent a major component in the State's effort to secure delegation of the federal pretreatment program from EPA. These regulations, in conjunction with a description of the State program's structure, policies and procedures, and the Attorney General's evaluation of the State's statutory authority, comprise the State's pretreatment delegation application. A draft program submittal was forwarded to EPA in September of 1988. EPA's review of the draft program submittal raised a number of issues which were addressed when the Commission, on June 4, 1990, adopted amendments to these regulations. The June 4 amendments also incorporated changes mandated by October 17, 1988 amendments (the PIRT amendments) to the federal pretreatment regulations at 40 CFR Part 403.
Shortly after publication of the PIRT amendments, the EPA proposed additional modifications to the federal pretreatment regulations. These modifications were proposed on November 23, 1988 and are referred to as the Domestic Sewage Exclusion Study (DSES) amendments. The DSES amendments were finalized with their publication in the July 24, 1990 Federal Register. The Commission anticipated some of the DSES modifications and included them in the June 4 amendments to the Colorado regulations. However, the DSES amendment contains several additional modifications not incorporated into the June 4, 1990 amendments. This proposal addressed those additional items.
The previous amendments to the federal pretreatment regulations (October 17, 1988) required that the POTW regulate significant industrial users through a permit or a permit equivalent control mechanism. The Colorado regulations were modified in June, 1990 to incorporate this mandate. The DSES amendments expand this requirement, stipulating specific items which must be addressed or included in the control mechanism. Incorporation of these items into POTW issued control mechanisms is addressed in sections 4.3.9(E)(1)(c)(l) through (v) of the Colorado regulations.
The November 23, 1988 proposal of the DSES amendments extended the permit requirements to include permit issuance by the control authority (the EPA or delegated state if there is no approved local program in place). Although this requirement was eliminated from the July 24, 1990 amendments, it is the Commission's intent that significant industrial users which are not regulated under a local POTW program be issued a control mechanism by the state. Division issuance of control mechanisms to significant industrial users subject to categorical discharge requirements has been a requirement of the regulations since their inception (4.3.12(E)). Expansion of that requirement to include state issuance of control mechanisms to non-categorical significant industrial users is required by this amendment (4.3.11(F)). One party questioned the applicability of section 4.3.11 to POTW's. It is the Commission's intent that 4.3.11 (F) address only the Division's regulation of non-categorical significant industrial users. Section 4.3.11 does not require POTW issuance of control mechanisms to non-categorical significant industrial users (although this is required of POTW's with approved local programs discharging into the POTW's system. A definition of "industrial user permit" has been added at 4.3.7(P) to create a distinction between such permits and Division issued CDPS/NPDES permits.
Several parties raised concerns relative to the application of the significant industrial user definition by the Division. These concerns have been addressed by the expansion of the definition of significant user to specify that a reasonable potential must exist for that industry's discharge to impact the POTW's operation or for the industry to violate pretreatment standards or requirements. This language appears in the July 24 amendments to the federal pretreatment regulations. The Division will also establish an advisory group to assist the Division in the development of pretreatment policy such as criteria for the identification of significant industrial users.
The DSES amendments also address additional specific discharge prohibitions (incorporated at 4.3.11 (B)), the compilation of significant industrial user lists by POTW's (4.3.9(E)(4)), the development of enforcement response plans by POTW's (4.3.9(E)(3)), the POTW's authority to require the development of slug control plans by the industrial user (4.3.9(E)(2)(e)), and criteria for the determination of instances of significant industrial noncompliance (4.3.9(E)(2)(g)).
The definition of "Publicly Owned Treatment Works" (4.3.7(W)) is modified to clarify the applicability of the regulations in instances where a municipally owned and maintained collection system conveys wastewater to a privately owned domestic wastewater treatment works. This modification is added to specifically address situations such as that which exists in Golden, where the City's collection system is connected to the Coors owned General Wastewater Treatment Plant.
The Colorado Water Quality Control Act was amended during the 1990 legislative session to clarify the state's authority relative to pretreatment and to provide a mechanism to fund program implementation. House Bill 1094 directs that fees be assessed to POTW's and to industrial users regulated by the program. A fee schedule is set forth in the legislation. Section 4.3.53 contains the regulatory provisions for the billing procedure.
Additionally, there are less significant modifications which are made so as to correct several inconsistencies between the Colorado regulations and the federal requirements. These changes appear at 4.3.9(E)(1)(g) and 4.3.12(C)(1).
5 CCR 1002-63.73