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 1002-21.38 - Statement of Basis, Specific Statutory Authority and Purpose (November 14, 2011 Rulemaking, Effective January 31, 2012)

Current through Register Vol. 47, No. 17, September 10, 2024

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

BASIS AND PURPOSE

In this rulemaking, the Commission adopted several changes to its Procedural Regulations to provide helpful clarifications for those involved in Commission processes.

The Commission adopted regulatory changes to specify that when appealing a civil penalty, in addition to stating mitigating factors, a party's written appeal must also include the appellant's objections to the civil penalty.

At the January 10, 2011 hearing the Commission adopted changes to section 21.4 to clarify that the Division shall provide a hearing for review of notices of alleged violations. Pursuant to the Water Quality Control Act, the Division shall hold such hearings for all notices of alleged violation, whether involving discharges to surface water or groundwater. The provisions of section 21.4 were not intended to narrow this authority. Accordingly, the Commission clarified that the Division shall hold hearings for notices of alleged violations for discharges without a permit to all state waters.

The Commission modified the provisions of 21.11(D) to specify that the 30 day appeal period begins to run upon the publication date of the Water Quality Information Bulletin which contains the Notice of Violation being appealed. These changes are not intended to modify the Division's obligation to provide actual notice to an alleged violator of a notice of violation pursuant to section 25-8-602(1), C.R.S., and notice of a Division determination that is appealable to the Commission pursuant to section 24-4-105(16), C.R.S.

The Commission adopted regulations to address the scope of authority of a hearing chair in both a rulemaking and adjudicatory proceeding.

The Commission also adopted provisions recognizing its practice to hold informal hearings, such as administrative action hearings. Notice is typically published in the monthly Water Quality Information Bulletin and on the Commission's web site, and is often mailed to a list of persons interested in the particular topic.

PARTIES TO THE RULEMAKING HEARING