Code of Colorado Regulations
1000 - Department of Public Health and Environment
1002 - Water Quality Control Commission (1002 Series)
5 CCR 1002-22 - REGULATION NO. 22 - SITE LOCATION AND DESIGN REGULATIONS FOR DOMESTIC WASTEWATER TREATMENT WORKS
Section 5 CCR 1002-22.12 - IN-KIND REPLACEMENT
Current through Register Vol. 47, No. 5, March 10, 2024
(1) The owner of a domestic wastewater treatment works (or its designee) that installs structures or equipment that meets the definition of in-kind replacement shall submit written notice of the nature and extent of such replacement to the Division no later than fifteen (15) working days after the replacement work has been put into service. Notice for in-kind replacement shall be made to the Division on the proper form. The notification may include multiple, independent pieces of equipment or structures that qualify for in-kind replacement within a single written notice of in-kind replacement. Division notification is not required for operation and maintenance activities or identical replacements of a process treatment component or hydraulic conveyance component including but not limited to, replacement with the same size and technology in the same location or for replacement of valves, non-wastewater lifting pumps, piping, pipe relining, yard structures, motors, splitter structures, manholes, vaults, samplers, monitoring equipment, and support systems. Unless waived by the Division, a site location and design review application is required for replacement of equipment outside of the property approved under the latest site application.
(3) Existing appurtenances of a domestic wastewater treatment works that do not have site location and design approval are not eligible for in-kind replacement.
(4) In-kind replacement may occur at a different location within the existing approved site. Replacements that cannot occur within the existing, approved site are considered to be new and are subject to the requirements of section 22.6, 22.8, or 22.9, as applicable.
(5) Where an increase in the hydraulic and/or organic capacities of a domestic wastewater treatment works is being requested based on one or more in-kind replacements of structures or equipment, the Division may require the owner to submit an application for a facility expansion in accordance with section 22.7 of this regulation.
(6) Components meeting the definition of in-kind replacement may be brought into conformance with current design criteria requirements at the originally approved component's designed capacity.
(7) Design approval pursuant to Section 22.13 is not required for components that qualify as in-kind replacement.