5 Colo. Code Regs. § 1002-74.3
Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-74.3 - WASTELOAD ALLOCATION AND EFFLUENT LIMITATIONS FOR WASTEWATER TREATMENT FACILITIESPHOSPHORUS
1. The total wasteload allocation for all wastewater treatment facilities in the Bear Creek Watershed is 5,255 pounds per year. Each individual discharger in the Bear Creek Watershed shall be limited to an annual wasteload of total phosphorus which shall not be exceeded, except as provided for through trading provisions in paragraphs 3, 6, 7 and 8 of this section, as shown in the following table: Wastewater Treatment Facility | Pounds per year |
Evergreen Metropolitan District | 1,500 |
West Jefferson County Metro District | 1,500 |
Genesee Water and Sanitation District | 1,015 |
Town of Morrison | 600 |
Kittredge Sanitation and Water District | 240 |
Forest Hills Metropolitan District | 80 |
Jefferson County Schools - Conifer High School | 110 |
Conifer Center Sanitation Association | 40 |
West/Brandt Foundation - Singing River Ranch | 30 |
Aspen Park Metropolitan District | 1 40 |
Conifer Metropolitan District | 1 40 |
The Fort | 1, 2 18 |
Brook Forest Inn | 5 |
Bear Creek Development Corp. - Tiny Town | 5 |
Jefferson County Schools - Mount Evans Outdoor Lab School | 20 |
Davidson Lodge | 5 |
Geneva Glen Camp | 5 |
Reserve Pool | 2 |
____________________________________________________________ | _______________ |
Total Wastewater Treatment Facility Phosphorus Wasteload (lbs. per year) | 5,255 |
1 This wasteload allocation requires treatment to 0.5 mg/l total phosphorus.2 The Fort is in the Town of Morrison wastewater service area.2. Wastewater treatment facilities in the Bear Creek Watershed shall not exceed a total phosphorus effluent concentration of 1.0 mg/l as a 30 day average except as provided in paragraph 3 of this section. All wastewater treatment facilities in the watershed are required to meet the 1.0 mg/l total phosphorus concentration effluent limitation.3. The Division is authorized to allow wastewater treatment facilities to discharge a total phosphorus concentration of greater than 1.0 mg/l if an agreement is made for equal phosphorus reduction at an alternative facility. The equivalent annual mass load from one wastewater treatment facility shall be calculated using a 1.0 mg/l total phosphorus concentration at the average daily wastewater flow for the most recent 12 months. The agreement for alternative treatment must be executed by the owners of the facilities, updated annually, summarized in the Association annual report and submitted to the Division to reflect changes in average wastewater flows and performance in treatment of phosphorus. The wastewater treatment facility which agrees to provide the equivalent phosphorus poundage reduction must demonstrate that it is achieving a total phosphorus effluent concentration of less than 1.0 mg/l for a period of time sufficient to remove the equivalent phosphorus load by which the other wastewater treatment facility is exceeding its wasteload allocation. The equivalent reduction provisions shall be incorporated as permit conditions in both discharge permits.4. A reserve pool of total phosphorus shall be maintained for use by wastewater treatment facilities in the Bear Creek Watershed. Where phosphorus credits are created, consistent with section 74.3.6 , such credits may be allocated to the reserve pool, subject to recommendation of the Association, and review and approval by the Division. Facilities with a phosphorus allocation in section 74.3.1 of this regulation may donate pounds to the reserve pool, subject to recommendation by the Association, and review and approval by the Division. Phosphorus credit pounds and donated pounds added to the reserve pool shall be summarized in the Association annual report. Any facility that proposes to use all or a portion of the reserve pool allocation must comply with the 1.0 mg/l total phosphorus effluent concentration. Exemptions provided for in paragraph 3 of this section do not apply to the reserve pool. The Division shall review all requests for use of reserve pool phosphorus and shall approve or deny such use as part of the site application process. For industrial facilities, approval or denial of the use of reserve pool phosphorus shall be made by the Division through the discharge permit application and issuance process. 5. The Division shall require all site approvals and discharge permits issued in the Bear Creek Watershed for all new or expanded wastewater treatment facilities be based on a maximum total phosphorus effluent concentration of 1.0 mg/l with an assigned wasteload allocation consistent with section 74.3.1. 6. Wastewater treatment facility dischargers shall apply to the Association for phosphorus trade credits which would allow corresponding increases to a discharger's total phosphorus wasteload allocation. Phosphorus trade credits shall be based upon reductions of existing sources of phosphorus from nonpoint sources generated in the watershed prior to January 1, 2005. The amount of wastewater treatment facility trade credit shall be based upon one pound of credit for two pounds of nonpoint source reduction. The Association shall review applications and make recommendations to the Division regarding allocations of phosphorus trade credits to dischargers. The Division shall consider the Association's recommendations in making determinations regarding phosphorus trade credit allocations, and shall incorporate credits into the relevant discharge permits.7. Wastewater treatment facility dischargers shall apply to the Association for permanent or temporary transfers of all or part of the discharger's total phosphorus allocation to another wastewater discharger. Both dischargers must jointly apply to the Association for such transfers and shall include an agreement executed by the owners of the facilities specifying changes in average wastewater flows and performance in treatment of total phosphorus. The Association shall review transfer proposals and make recommendations to the Division. The Division shall consider the Association's recommendations in making such transfers, and shall incorporate its determinations into the relevant discharge permits, if these transfers are not otherwise accounted for by the Division.8. If new wastewater treatment facilities are proposed in the Bear Creek Watershed, the appropriate entities shall apply to the Association for a phosphorus allocation. Phosphorus allocation pounds for such new wastewater dischargers shall be derived from: (1) withdrawals from the reserve/emergency pool pursuant to section 74.3.4; (2) nonpoint source to wastewater treatment facility trades pursuant to section 74.3.6; (3) point source to point source transfers pursuant to section 74.3.7; or (4) phosphorus concentration reductions through alternative treatment pursuant to section 74.3.3 . New dischargers desiring allocations shall specify the number of desired total phosphorus pounds and how the pounds will be derived, consistent with section 74.3.5 . The Association shall review the application and make recommendations to the Division on new phosphorus allocations. The Division shall make a determination on allocations for new facilities and incorporate in site approval and a discharge permit.