5 Colo. Code Regs. § 1002-74.14
RULEMAKING
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
The Commission has adopted changes for this regulation, which include adding new definitions, adjusting the wasteload allocations for total phosphorus, recognizing three new wastewater treatment facilities, adding wastewater treatment facility trading provisions, clarifying nonpoint source control responsibilities for onsite wastewater management regions, removing Appendix A on monitoring and replacing it with a quality assurance project plan, and changing annual reporting requirements.
A definition for the Association was added to identify eligible members in the Association and provide a framework for adding potential new members to the Association. The definition of best management practices was made consistent with the definition used in other reservoir control regulations. The definition recognizes non-structural practices, operation and maintenance and certain preventive measures as acceptable best management practices. The definition of individual sewage disposal or onsite systems includes a statement defining onsite systems in the watershed as nonpoint sources. If onsite systems exceed a daily capacity of 2,000 gallons of wastewater per day, they become a wastewater treatment facility requiring a phosphorus allocation under this regulation, and Division site approval and issuance of a discharge permit. The Association is responsible for developing and maintaining a watershed management plan as defined in this regulation. The Association serves as the management agency for the Bear Creek Watershed within the areawide planning process of the Denver Regional Council of Governments (DRCOG) and maintains the management plan consistent with DRCOG's Metro Vision Plan. The definition of a point source was expanded to clarify that point sources include conveyances of regulated stormwater, but do not include irrigation return flows. Several minor typographical corrections were also made to definitions to improve understanding.
New definitions were added for reserve pool, stormwater, trading program, and wastewater treatment facility. The reserve pool is a component of the wasteload allocation. The new definition clarifies the intent of this reserve pool. A definition for stormwater was added to this regulation. The wastewater treatment facility definition distinguishes between the wastewater treatment facility wasteload allocations and other Point Sources. A wastewater trading program was incorporated into this regulation. The Association will develop and maintain a trading program guidance document subject to review and approval by the Division.
Section 74.3 was re-titled to clarify that the wasteload allocation is for wastewater treatment facilities and does not apply to other potential point sources. The total wasteload allocation of 5,255 pounds of annual total phosphorus was unchanged and the total maximum annual load for the watershed is not altered. Fifteen total phosphorus pounds were traded between the Jefferson County Schools Conifer High School allocation and the Mount Evans Outdoor Lab School, resulting in an allocation of 110 pounds total phosphorus for the Conifer High School and 20 pounds total phosphorus for the Mount Evans Outdoor Lab. Three wastewater treatment facilities were added: Aspen Park Metropolitan District (New), Conifer Metropolitan District (New), and The Fort Restaurant (Existing). The total phosphorus allocation was taken from the reserve pool with the poundage allocation based on a total phosphorus effluent concentration of 0.5 mg/l. Aspen Park Metropolitan District and Conifer Metropolitan District were each allocated 40 pounds of total phosphorus annually, with 18 pounds total phosphorus for The Fort Restaurant. The reserve pool retains two pounds total phosphorus. The trading program is designed to replenish this reserve pool through phosphorus credits created by point and nonpoint source trades.
Trading provisions were added to this regulation to allow point source to point source trades, nonpoint source to point source trades, temporary or permanent trades into and out of the reserve pool, and alternative trading subject to Division approval. Trading can be either temporary or permanent. The trade ratio between nonpoint source and point source is set at 2:
The revised regulation allows a number of opportunities for modifications of phosphorus allocations for individual dischargers, subject to approval by the Division. It is intended that these phosphorus trades, transfers, credits and reallocations (e.g., from the reserve pool) be consistent with the overall allocations set forth in section 74.3.1 . It is anticipated that the Commission will reflect any such approved trades, transfers, credits and allocations in modifications to the regulation during subsequent triennial reviews. Of course, such future action by the Commission will be dependent on the Commission's determination that the overall result of these reallocations under the regulation is achieving the desired results in terms of phosphorus loading and reservoir water quality.
Section 74.5 on the control of nonpoint sources includes a provision for the Association to work with the counties in development of a septic management plan in areas identified by the counties. Onsite systems in the watershed can affect both surface and groundwater quality.
Section 74.6 on monitoring was modified to remove reference to Appendix A that defined the monitoring program. Including the intended monitoring plan in the regulation has been restrictive and has made it difficult to revise the plan on an annual basis. Consequently, the Association will maintain a quality assurance program plan that is subject to Division review and approval. This monitoring plan will detail the water quality monitoring program and reporting requirements for the monitoring information. Data transfer protocols will be included in the monitoring plan consistent with Division guidance. The Association will provide annual monitoring data to the Division and continue to provide a summary annual report to the Commission.
Small wastewater dischargers in the watershed have chronically failed to report wasteload allocation information to the Association. This makes it difficult for the Association to comply with the annual wasteload allocation reporting requirements in this regulation. Additionally, these small dischargers have not been regular or active participants in the watershed management plan and they have not provided the necessary funding support to the watershed monitoring program. The Association is responsible for maintaining a wasteload allocation for total phosphorus among dischargers. In order to assure that adequate data are available, Bear Creek Watershed dischargers may elect to meet the monitoring requirements through participation in the Bear Creek Watershed Association's water quality monitoring program, or perform monitoring and reporting on their own, pursuant to monitoring requirements in the discharge permit, and consistent with the provisions and intent of this control regulation and the water quality narrative standard for Bear Creek Reservoir.
PARTIES TO THE RULEMAKING HEARING
5 CCR 1002-74.14