The provisions of sections 25-8-202(1)(c) and (2), 25-8-205, 25-8-401, 25-8-501.1, and 25-8-504, C.R.S. provide the specific statutory authority for the amendments to this regulation adopted by the Commission. The Commission has also adopted, in compliance with section 24-4-103(4), C.R.S., the following statement of basis and purpose.
BASIS AND PURPOSE:
Amendment 14, approved by the Colorado voters on November 3, 1998, adds a new section 25-8-501.1 to the Colorado Water Quality Control Act. These provisions establish a new requirement that an individual discharge permit be obtained by any person who operates, constructs, or expands a "housed commercial swine feeding operation." In this rulemaking hearing, the Commission adopted revisions to the Colorado Discharge Permit System Regulations to implement these new requirements. Regulation #61 (5 CCR 1002-61). In addition, corresponding revisions were adopted for the Confined Animal Feeding Operations Control Regulation, Regulation #81 (5 CCR 1002-81) to avoid regulatory overlap. In particular, the Commission has added a new section 81.9 to this regulation, to clarify that housed commercial swine feeding operations that obtain a permit under new section 61.13 of the discharge permit regulations are excluded from coverage under this control regulation.
5 CCR 1002-81.20