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 1002-22.13 - THE DESIGN APPLICATION PROCESS

(1) In addition to approval of the site application or amendment, the applicant must obtain approval of the design of the treatment works from the Division prior to beginning construction. For domestic wastewater treatment plants, the design review is a two-step process that includes submittal of a Process Design Report (PDR) for review and a decision by the Division followed by submittal of the final design documents (plans and specifications) or self-certification documents by the applicant. For lift stations, design review is a single-step process that involves a single submittal that includes a Basis of Design engineering report and final plans and specifications. For interceptors that certify or attain site location approval under section 22.8 , the certification or site location approval issued by the Division is the final decision. In lieu of a design review for interceptors, the entity is to submit a self-certification letter for interceptors. Once accepted, no additional design review submittals are required prior to initiating construction for interceptors.

Notwithstanding the definition of domestic wastewater treatment works (treatment works) at subsection 22.2 of this regulation, once an owner has received site location approval, the owner may initiate work in preparation for construction, (e.g., site clearing, site dewatering and access roads) as long as such work is completed by the owner's own forces or is completed under a contract that does not include any elements of the construction of the treatment works including, but not limited to site excavation, construction of pipe galleries, and procurement or installation of equipment. Facilities generating reclaimed domestic wastewater are domestic wastewater treatment works and are required to complete the design review process. The PDR and the final design documents must be stamped and signed by the applicant's professional engineer, registered to practice in the State of Colorado.

For a new, modified, or expanded domestic wastewater treatment plant, the applicant must submit the Process Design Report (PDR), stamped and signed by the applicant's professional engineer who must be registered to practice in the State of Colorado, a completed PDR checklist, and any requests for site specific deviation from the CDPHE design criteria for domestic wastewater treatment works. Following approval of the PDR by the Division, the applicant and their engineer must submit a self-certification of the final design documents. At the Division's discretion, or when funding requires, the applicant may be required to complete the full design review process which would require the Division to approve final plans and specifications in lieu of the self-certification by the application and their engineer. When the final design documents (plans and specifications) are complete, the professional engineer for the applicant that prepared such plans shall submit a stamped, dated, and signed certification on a form provided by the Division affirming that the final design is consistent with the approved site application, the PDR approval letter, and the most recent version of the Division's design criteria for domestic wastewater treatment works, noting any approved site-specific deviations from the Division's design criteria. The proposed project cannot move forward into the construction stage without site location approval by the Division, approval of the PDR, and Division acceptance of the self-certification request letter or written approval by the Division when final plans and specifications are required by the Division in lieu of a self-certification by the applicant and engineer.

If the Division discovers discrepancies between the facilities as described in the Basis of Design or PDR approval letter and those finally constructed, the applicant will either make modifications to resolve the inconsistency to the Division's satisfaction or the approval of the design will be null and void. Similarly, if the Division discovers discrepancies between the facilities or capacities described in the interceptor certification or site location approval and those finally constructed, the applicant will either agree to make modifications to resolve the inconsistency to the Division's satisfaction or the approval of the site location will be null and void.

In some cases, the design of the domestic wastewater treatment works can impact the cost and funding of the preferred option specified in the site location application. In such cases the applicant is encouraged to consult with the Division regarding the specific circumstance and identify critical design issues during the site application review to avoid obtaining site location approval for an option that will not be able to obtain design approval.

(2) The applicant's professional engineer, registered to practice in the State of Colorado, must certify at the completion of construction that the treatment works was constructed according to site application, engineering reports, plans, specifications, conditions, and significant amendments thereto as approved by the Division. Significant amendments are considered those that change the treatment process, the capacity of the treatment works, the ability to operate the treatment works, or those that do not meet the minimum requirements outlined within the design criteria used to evaluate the PDR or Basis of Design.

(3) Design reviews shall be conducted by the Division in accordance with policies established by the Division and the Commission.

(4) Approval of a facility design by the Division or the Commission in no way negates the necessity for all applicants to obtain all required approvals from other federal, state, and local agencies.

(5) Notice of the decision by the Division shall be included in the next Water Quality Information Bulletin.

(6) Written notification of the Division's decision shall be sent to the applicant and all persons who have shown interest via written communication.

(7) Any person adversely affected or aggrieved by the Division's decision on a proposed facility design must appeal that decision to the Commission as a prerequisite to the right of judicial review pursuant to the State Administrative Procedures Act. The appeal shall be made in writing to the office of the Administrator and be postmarked no later than thirty (30) days after the date of the mailing of the bulletin notice of the Division action. Within ninety (90) days of the filing of the appeal the Commission shall commence a hearing to consider such appeals in accordance with the provisions of section 24-4-105, C.R.S. If an appeal is made to the Commission, the decision shall be made in accordance with the criteria specified in these regulations.