5 Colo. Code Regs. § 1002-72.6

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

Section 5 CCR 1002-72.6 - NONPOINT SOURCE AND INDIVIDUAL SEWAGE DISPOSAL SYSTEM NUTRIENT CONTROLS

The nonpoint source nutrient controls identified in subsections 72.6.1 through 72.6.2 below shall be implemented.

1.NONPOINT SOURCE BEST MANAGEMENT PRACTICES

(a) Local governments, individuals, corporations, partnerships, associations, agencies, or other entities with responsibility for activities or facilities that cause or could reasonably be expected to cause nonpoint source pollution of waters in the Cherry Creek Watershed shall adopt and implement/install BMPs and Pollutant Reduction Facilities (PRF) to the maximum extent practicable to reduce nutrient concentrations from such sources.

(b) The choice of nonpoint source control measures shall be made by such local governments, individuals, corporations, partnerships, associations, agencies, or other entities, either individually or jointly. Entities with responsibility for existing flood and drainage control facilities shall consider application of nonpoint source BMPs for those facilities.

(c) A prioritized list of future PRFs designed to permanently reduce phosphorus concentration, including a schedule for construction, shall be developed by the Authority and submitted to the Division on an annual basis. These PRFs will be compiled based upon their ability to reduce phosphorus concentrations to the maximum extent practicable. The list of PRFs and associated schedule may be updated as necessary when new information becomes available.

(d) The Authority shall provide for the long-term operation and maintenance of Authority nonpoint source projects, and individual PRFs shall be operated and maintained by PRF owners, with oversight from the Authority.

(e) The Division shall collaborate with owners/operators of agricultural or silvicultural facilities in the Cherry Creek Watershed in pursuing incentive, grant, and cooperative programs to study and control nonpoint source pollution related to agricultural and silvicultural practices. Pursuant to section 25-8-205(5), C.R.S., the Commission may consider adopting, in consultation with the commissioner of agriculture, control regulations specific to agricultural and silvicultural practices if the Commission determines that such programs are inadequate and that control regulations are necessary to attain water quality standards in the reservoir.

(f) The Division shall collaborate with local governments in the Cherry Creek watershed to encourage connection of existing ISDS and new development to central wastewater facilities in an effort to reduce nutrient concentrations from individual sewage disposal systems.

2.PUBLIC INFORMATION AND EDUCATION

(a) The Authority is identified by the Governor to implement specific control recommendations as the designated water quality management agency for the Cherry Creek watershed. The Authority shall develop and implement a public information and education program in addition to the stormwater requirements in section 72.7 . This program will focus on the prevention of pollution from sources that could be mobilized during storm events from present and future activities as well as measures that could abate known nonpoint source pollution. Areas for abatement include, but are not limited to, general agricultural and silvicultural practices, individual sewage disposal systems, large lot development greater than one acre, and other potential nutrient sources.

(b) The Authority shall consult with the Division and other interests in developing the program. The program will be consistent with the voluntary, incentive-based approach and focus on the general public, work force, and local government sectors within the Cherry Creek watershed. The program shall be implemented on an annual basis.

3.NONPOINT SOURCE PHOSPHORUS ADJUSTMENT

If voluntary controls on phosphorus contributions from nonpoint sources are not effective in reducing the phosphorus concentration in the inflow to the reservoir and attaining water quality standards, the Commission may adjust the phosphorus concentration outlined in subsection 72.3 of this regulation to attain the chlorophyll a standard.

4.LIMITATION ON CONSTRUCTION OF NEW INDIVIDUAL SEWAGE DISPOSAL SYSTEMS

Within the Cherry Creek Watershed in Arapahoe and Douglas counties, no new ISDS shall be constructed within the 100-year flood plain as designated by Urban Drainage and Flood Control District, or the Federal Emergency Management Agency if no Urban Drainage and Flood Control District designation exists. This restriction shall not apply to the replacement of, or improvements to the operation of, existing ISDS systems located within the 100-year flood plain.

5.ADDITIONAL PROHIBITIONS AND PRECAUTIONARY MEASURES

If voluntary controls on phosphorus contributions from nonpoint sources are not effective in reducing phosphorus concentration and attaining water quality standards, the Commission may consider the adoption of prohibitions or precautionary measures to further limit nutrient concentrations, including but not limited to, the following nutrient sources:

(a) Individual sewage disposal systems;

(b) Sod farms;

(c) Plant nursery facilities;

(d) Chemical de-icers;

(e) Commercial fertilizer retail facilities;

(f) Phosphate detergents;

(g) Golf courses; and

(h) Road and highway sand.

6.FLOODPLAIN PRESERVATION AREAS AND CONSERVATION EASEMENTS

The Commission recognizes protection of floodplain, riparian corridor, and other environmentally sensitive lands through public acquisition or conservation easement and restoration of the same lands for nutrient control through erosion control, revegetation or other means, as nonpoint source nutrient controls. The Authority and local governments may collaborate with other entities in pursuing easements, ownerships, and rights to protect the streams, riparian corridors, tributaries, and wetlands in the Cherry Creek watershed.

5 CCR 1002-72.6

45 CR 11, June 10, 2022, effective 6/30/2022