Code of Colorado Regulations
1000 - Department of Public Health and Environment
1002 - Water Quality Control Commission (1002 Series)
5 CCR 1002-21 - REGULATION NO. 21 - PROCEDURAL RULES
Section 5 CCR 1002-21.36 - Statement of Basis, Specific Statutory Authority and Purpose (February 9, 2009 Rulemaking, Effective March 30, 2009)

The provisions of sections 25-8-202 and 401 provide the specific statutory authority for adoption of these regulatory amendments. The Commission also adopted the following statement of basis and purpose.

BASIS AND PURPOSE

Effective August 8, 2008, HB 08-1099 moved the responsibility for hearing appeals of drinking water penalties from the Colorado Board of Health to the Water Quality Control Commission. This change is now reflected in section 25-1-114.1, C.R.S.

The Commission has amended the procedural rules to specify that drinking water penalty appeals now go the Commission. The Commission has also amended the procedural rules to clarify that appeals of other determinations under the Colorado Primary Drinking Water Regulations would first go the Division. The Commission has further clarified that any subsequent hearings before the Commission would be appellate hearings limited to record review. A party is not entitled to two full agency adjudicatory hearings under section 105 of the Administrative Procedures Act (one before the Division, and one before the Commission), prior to seeking judicial review. Finally, the Commission corrected a typo and added references to the drinking water statutes throughout Regulation #21, to clarify the applicability of this regulation to drinking water matters.