5 Colo. Code Regs. § 1002-71.13
The provisions of sections 25-8-202 and 25-8-401, C.R.S., provide the specific statutory authority for adoption of the attached regulatory amendments. The Commission also adopted, in compliance with section 24-4-103(4) C.R.S., the following statement of basis and purpose.
BASIS AND PURPOSE
Residential properties within the service area of the Frisco Sanitation District that have been served by individual sewage disposal systems, were provided sewer service and connected to the District's wastewater treatment system. The phosphorus load reduction achieved by sewering these homes has been sold to the Copper Mountain Consolidated Metro District, which is located in the Dillon Reservoir watershed and seeks to increase their annual allocation of phosphorus allowed from their wastewater treatment facility.
The advanced treatment for phosphorus removal at the wastewater facility reduces the phosphorus load per residence to a negligible amount. Studies done for in Summit County indicate that a conservative estimate of phosphorus load per residential unit is one pound per year from individual sewage disposal systems. The phosphorus from the individual systems are considered a nonpoint source, and the residences have been confirmed as existing prior to 1984, as required by 71.5 (2). The regulation provides that reduction of two (2) pounds of nonpoint source phosphorus can be converted to one (1) pound of credit to a point source allocation.
There were 26 residences on individual sewage disposal systems that were connected to the wastewater system of Frisco Sanitation District, which provides a point source allocation credit of 13 pounds per year. That credit was purchased from Frisco Sanitation by Copper Mountain Consolidated Metro District. This purchase was done as an extension of the agreement between Frisco Sanitation and Copper Mountain, whereby Copper Mountain purchased 40 lbs. of point source credit in 1998/99.
The Commission received information in support of the 13 pound phosphorus credit from Summit Water Quality Committee, Copper Mountain Consolidated Metro District, and the Frisco Sanitation District. There were no comments in opposition to granting the 13 pound credit during the written comment only hearing. The Commission approved the change to the point source phosphorus allocation of Copper Mountain from 205 total pounds per year to 218 pounds per year, and the increase of allowed total point source phosphorus load in the Dillon Reservoir watershed from 1,621.4 pounds per year to 1,634.4 pounds per year.
5 CCR 1002-71.13