5 Colo. Code Regs. § 1002-81.26
The provisions of sections 25-8-202, 25-8-205 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
This hearing was held to consider changes as recommended during the triennial informational hearing for this regulation on October 11, 2016, and during subsequent discussions with stakeholders and parties to the hearing process.
As a result of this rulemaking proceeding, the Commission adopted the following amendments to this regulation.
Typographical and Formatting Errors: The commission corrected typographical and formatting errors found throughout the regulation. These corrections have no effect on the substantive meaning of the regulation.
Removal of the Term "Large" from Sections 81.2, 81.5, and 81.6: The commission concluded that use of the term "Large" hindered the division's ability to appropriately regulate facilities that do not meet the definition of a Large CAFO. Any facility, regardless of the number of animals confined, can be required to implement these more stringent regulatory provisions if they are located in areas where the potential adverse impacts associated with a discharge are particularly severe (81.15) Therefore, the commission found it appropriate to remove the term "Large" from sections of the regulation that are applicable to any facility that is either defined or designated as a CAFO.
Definitions [81.3]:
The definition for "Land Application Site" was revised to add clarity and consistency with the corresponding definition found in Regulation No. 61,
Requirements - Non-Permitted CAFOs [81.5]
The Colorado Revised Statute citation in subsection 81.5 , which requires non-permitted CAFOs to pay an annual registration fee, was updated by the commission to reflect formatting changes made by the legislature. In addition, language was added in 81.5(4)(c) which enables the division to initiate enforcement proceedings against a CAFO that fails to pay the required annual fee. Subsequent subsections of 81.5(4) were renumbered as a result of the added language.
Facility Management Plan: Non-Permitted CAFOs [81.6]
Subsection 81.6 was revised by the commission to clarify the recordkeeping requirements for a non-permitted CAFO to demonstrate that the surface water protection elements of the Facility Management Plan have been implemented and are being properly managed.
Best Management Practices [81.8]
During the May 8, 2017 rulemaking hearing, the commission expressed concerns that the regulation did not explicitly state that this section was applicable to both AFOs and CAFOs. Therefore, the term AFO was removed from the section header and the term CAFO was added to the first sentence to specify these best management practices are applicable to both AFOs and CAFOs. Because BMPs are considered the minimum activities, procedures, or practices to be implemented to minimize adverse effects to surface and groundwater, language was included to clarify that CAFOs must also adhere to the surface and groundwater protection elements of sections 81.6 and 81.7.
Subsections 81.8 were reformatted by the commission to clarify the impoundment sizing requirements for Medium AFOs depending on whether they land apply wastewater or collect and allow it to evaporate. No substantive changes were made to the existing language.
5 CCR 1002-81.26