5 Colo. Code Regs. § 1002-72.19
A temporary wasteload allocation of 365 pounds of phosphorus was established for the Denver Southeast Suburban Water and Sanitation District ("Denver Southeast") facility until 1990 or until completion of their new wastewater treatment facility, whichever occurred first. A footnote stated that the temporary phosphorus allocation to Denver Southeast would be reduced from 365 pounds to 213 pounds. Denver Southeast has completed construction of their new wastewater treatment facility. The Control Regulation has been amended to reflect the permanent wasteload allocation to Denver Southeast, as originally contemplated, of 213 pounds of phosphorus annually.
Allocations of phosphorus or modifications to phosphorus wasteload allocations required a rulemaking hearing by the Commission. The Authority believed that certain modifications to the wasteload allocations should be made more expeditiously. The Authority recommended, and the dischargers in the Basin and the Division supported, amending the Control Regulation to allow temporary transfers of phosphorus wasteload allocations between dischargers, provided both affected dischargers requested the transfer and it was approved by the Authority and the Division. This will not increase the total point source phosphorus allowed annually. However, it will allow consenting dischargers to transfer all or a portion of their phosphorus allocations, as may be appropriate. Such temporary transfers of phosphorus between dischargers may be particularly appropriate if a discharger treats another discharger's effluent for an interim period. It is not the intent for the Control Regulation to allow temporary transfers of phosphorus wasteload allocation to a discharger that has, throughout the applicable year, failed to comply with the phosphorus concentration for effluent set forth in the discharger's permit if the temporary transfer is solely to prevent the receiving discharger from exceeding its wasteload allocation.
A Reserve Pool for point source discharges of 303 pounds of phosphorus annually was established. The intent, as reflected in the Cherry Creek Basin Master Plan (1985), was that the Reserve Pool could be used for temporary allocations of phosphorus in events of emergencies, upsets or facility malfunctions. However, allocations from the Reserve Pool could only be obtained after notice, hearings and deliberations by the Commission through its rulemaking process. Also, because allocations from the Reserve Pool were to satisfy emergencies or interim needs, it was not necessary that the Control Regulation be amended to permanently reflect such interim allocations. In fact, reflecting such interim allocations in the Control Regulation meant that the Regulation would need to be amended repeatedly. These amendments authorize the Division to allocate phosphorus from the Reserve Pool temporarily, provided that the discharger requesting the Reserve Pool allocation has a recommendation of approval by the Authority. In determining whether to make phosphorus allocations from the Reserve Pool, the Division must consider the discharger's need for the allocation, whether the discharger has taken or is committed to taking reasonable interim steps to decrease, to the extent practicable, the total phosphorus loading and the long-term plan for phosphorus control and the period of time necessary to implement those phosphorus controls.
All decisions of the Division pertaining to approvals or temporary transfers of phosphorus between dischargers or phosphorus allocations from the Reserve Pool, must be appealed to the Commission by any person adversely affected or aggrieved. The Commission shall utilize the criteria set forth in 4.2.4(4) in determining whether to approve temporary transfers of phosphorus, and the criteria set forth in 4.2.4(5) in determining whether to allocate phosphorus from the Reserve Pool.
5 CCR 1002-72.19