5 Colo. Code Regs. § 1002-73.18

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

Section 5 CCR 1002-73.18 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE JUNE 14, 2021 RULEMAKING HEARING; EFFECTIVE AUGUST 14, 2021

Sections 25-8-202 and 25-8-205, C.R.S., provide the specific statutory authority for adoption of the revisions to this regulation. 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

The Water Quality Control Commission ("Commission") approves revisions to Regulation 73.3(2) to incorporate findings that Dominion Water & Sanitation District ("Dominion") owns the 1,218 pound total phosphorus wasteload allocation which was transferred by Roxborough Park Metro District ("Roxborough") to Dominion (hereinafter referred to as "TP Transfer").

In support of this revision to Regulation 73.3(2) and related Statement of Basis and Purpose, Dominion submitted the following:

(1) A Clean Water Plan Amendment that set forth the transfer of Roxborough's wastewater treatment plant and the associated 1,218 pound total phosphorus wasteload allocate to Dominion. That Clean Water Plan Amendment was approved in 2007 by the Chatfield Watershed Authority, the 208 Management Agency.

(2) Also, the Clean Water Plan Amendment was approved by the Denver Regional Council of Governments in 2007 and incorporated into the DRCOG 2008 Water Quality Plan.

(3) In 2015, the Water Quality Control Division, at the request of Roxborough and Dominion, transferred Roxborough's discharge permit (CO0041645) to Dominion; Dominion's discharge permit includes as a term the 1,218 pound wasteload allocation and Dominion's responsibility for discharges to be at or below that wasteload allocation.

(4) Roxborough participated in the transfers to Dominion, and supported Dominion's proposed change to Reg 73.3(2).

(5) Additionally, Dominion proposed and constructed wastewater infrastructure to convey and treat its wastewater; relying on Dominion's ownership of 1,218 pound wasteload allocation to demonstrate that facilities would meet water quality standards. Dominion's construction of wastewater infrastructure has been approved by the Division, Tri County Health Department, Douglas County and the Chatfield Watershed Authority.

5 CCR 1002-73.18

44 CR 14, July 25, 2021, effective 8/14/2021