Statutes, codes, and regulations
Colorado Administrative Code
Department 1000 - Department of Public Health and EnvironmentDivision 1002 - Water Quality Control Commission (1002 Series)
Rule 5 CCR 1002-73 - REGULATION NO. 73 - CHATFIELD RESERVOIR CONTROL REGULATION
Section 5 CCR 1002-73.2 - DEFINITIONS

5 Colo. Code Regs. § 1002-73.2

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Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-73.2 - DEFINITIONS

See the Colorado Water Quality Control Act and other Water Quality Control Commission regulations for additional definitions.

1. "Background" means the calculated phosphorus loads from surface water and alluvial groundwater, including nonpoint sources and direct precipitation, that does not originate from point source discharges. Background is calculated by subtracting the Reservoir Base-Load and Wasteload Allocations from the Total Maximum Annual Load.
2. "Best management practice" means best methods, measures or practices selected by an agency to meet its nonpoint source control needs. Best management practices include, but are not limited to, structural and nonstructural controls and operation and maintenance procedures. Best management practices can be applied before, during and after pollution producing activities to reduce or eliminate the introduction of pollutants into receiving waters.
3. "Chatfield Watershed" consists of:
(a) for Plum Creek, all portions of Plum Creek and its tributaries, including segments 8, 9 , 10a, 10b, 11a, 11b, 12 and 13 1 and
(b) for the South Platte River, the portions of segments 6a, 6b, and 7 of the South Platte River 1 downstream of Strontia Springs Reservoir outfall. The Chatfield Watershed is depicted in Figure 1 attached to this regulation (New Figure 1)
1 The stream segments referenced are described in the Classifications and Numeric Standards - South Platte River Basin, Regulation No. 38 (5 CCR 1002-38).
4. "Chatfield Watershed Authority" means the organization formed by local governments and Title 32 Districts, industry, corporations and other entities within the Chatfield Watershed to implement point source, nonpoint source and/or stormwater controls.
5. "Effluent limitation" means any restriction or prohibition established pursuant to this regulation, the Colorado Water Quality Control Act or the federal act on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are discharged from point sources into state waters, including, but not limited to, standards of performance for new sources, toxic effluent standards, and schedules of compliance.
6. "Individual sewage disposal system" means a system or facility for treating, neutralizing, stabilizing, or disposing of sewage which is not a part of or connected to a wastewater treatment works.
7. "Land application" is any discharge applied to the land for land disposal or land treatment and does not include a discharge to surface waters even if such waters are subsequently diverted and applied to the land.
8. "Land Application Return Factor" means
(1) For land application sites with an augmentation plan decreed by Colorado District Court, Water Division 1: the return flow percent decreed in that augmentation plan; and
(2) For land application sites without an augmentation plan decreed by Colorado District Court, Water Division, or who elect not to use the return flow percent in their decree: the ratio of the area of the land treatment site divided by the sum of the surface areas of all lysimeters.
9. "Land disposal" is any discharge of pollutant containing waters being applied to land for which no further treatment is intended.
10. "Land treatment" is any discharge of pollutant containing waters being applied to land for the purpose of treatment.
11. "Margin of safety" means the additional protective factor in the Total Maximum Annual Load, which accounts for limitations in accuracy of modeling.
12. "Nonpoint source" means, for the purpose of this regulation, any activity or facility other than a point source with wasteload allocation specified at section 73.3 , from which pollutants are or may be discharged. For the purposes of this regulation, nonpoint source includes all stormwater runoff, whether sheet flows or collected and conveyed through channels, conduits, pipes or other discrete conveyances, and runoff from wildfires such as the Hayman Fire.
13. "Point source" means any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. "Point source" does not include irrigation return flows.
14. "Reserve/Emergency Pool" means the pool of point source total phosphorus pounds available for allocation to point source wastewater dischargers pursuant to 73.3(2)(h) of this regulation or for emergency allocations to point source wastewater dischargers for a time period not to exceed five years.
15. "Reservoir base-load" means the average measured total phosphorus load reaching the Chatfield Reservoir.
16. "Regulated Stormwater" means stormwater discharges to state waters that are from regulated facilities or activities; i.e., industrial or commercial facilities, or municipal separate storm sewer systems regulated under 5 CCR 1002-61 section 61.3 , including those designated by the Water Quality Control Division ("Division") under section 61.3(2)(f)(iii).
17. "TMAL" means the Total Maximum Annual Load for Chatfield Reservoir, derived from the sums of the Reservoir Base-Load, Background, and Wasteload Allocations for Chatfield Watershed and Upper South Platte River Watershed, with the Margin of Safety.
18. "Trading Program" means the program administered by the Authority for phosphorus trading in the Chatfield Watershed.
19. "Upper South Platte River Watershed" means all portions of the South Platte River and its tributaries, from the river's headwaters through Strontia Springs Reservoir outfall, including Segments 1a, 1b, 2a, 2b, 2c, 3, 4, 5a, 5b, 5c, and the portions of segments 6 and 71 upstream of Strontia Springs Reservoir outfall. The Upper South Platte River Watershed is depicted in Figure 2 attached to this regulation. The Roberts Tunnel transfers water from Dillon Reservoir in Summit County into Segment 4 of the South Platte River.
20. "Wasteload allocation" means the portion of a receiving water's loading capacity that is allocated to one of its existing or future point sources of pollution.
21. "Wastewater Treatment Facility" means a system or facility for treating, neutralizing, stabilizing or disposing of domestic wastewater, which system or facility has a designed capacity to receive more than two thousand gallons per day of domestic wastewater. The term "Wastewater Treatment Facility" also includes appurtenances to such system or facility, such as outfall sewers and pumping stations and equipment related to such appurtenances.

5 CCR 1002-73.2

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