5 Colo. Code Regs. § 1002-84.12

Current through Register Vol. 47, No. 11, June 10, 2024

Section 5 CCR 1002-84.12 - VARIANCES

The Division may grant a variance from any provision of this regulation as set forth below:

(A) With respect to the E.coli standards in section 84.7 , a variance may only be granted from the "235/100 ml single sample maximum" standard. The Division may grant this variance when the treater or the user demonstrates that the benefits to public health or the environment that will be created by compliance with the E. coli standards in section 84.7 do not bear a reasonable relationship to the costs required to achieve compliance.

(B) With respect to a use that is not listed in Table A of section 84.10 , the Division may grant a variance in a Treater Authorization (and subsequent User Authorization(s)) to authorize the use and identify any necessary requirements when the following requirements are met:

(1) The division finds that:

(a) Another state or federal governing agency provides oversight and water quality regulations that are equivalent to or surpass the public and environmental health protections that are or would be included in Regulation 84; OR

(b) The Division has determined that the variance results in no additional risk to public health or the environment and existing reclaimed water category(ies), Implementation Requirements and, if needed, new site-specific Implementation Requirements can be used to protect public health and the environment.

(2) Public notice of the draft variance is provided on the division's web page and the public has the opportunity to provide comment for at least 30 days.

(3) If, after considering public comments, the division still finds that the variance meets the criteria in 84.12(B)(b), the variance is included on the next Commission agenda following the close of public comments.

(4) Prior to that Commission meeting, the Commission has been provided with the variance request, the division's findings on the variance request, and any public comments.

(5) At that meeting, the Commission takes no action on the variance or, after holding an adjudicatory hearing pursuant to 5 CCR 1002-21, affirms the issuance of the variance or affirms a modified variance.

(C) With respect to all other provisions of this regulation, the Division may grant a variance in a particular case where the Treater or the User demonstrates that the benefits to public health or the environment that will be created by compliance with the subject provision do not bear a reasonable relationship to the costs required to achieve compliance.

5 CCR 1002-84.12

41 CR 21, November 10, 2018, effective 11/30/2018

42 CR 23, December 10, 2019, effective 1/14/2020

43 CR 17, September 10, 2020, effective 9/30/2020

45 CR 14, July 25, 2022, effective 8/14/2022