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 1002-22.5 - FACTORS TO BE CONSIDERED FOR DIVISION OR COMMISSION DECISION MAKING ON SITE LOCATION APPLICATIONS
Universal Citation: 5 CO Code Regs 1002-22 ยง 5
Current through Register Vol. 47, No. 17, September 10, 2024
(1) The Division shall review each site application and engineering report, and in making its determination as to whether or not to issue an approval of the site location application, shall consider and ensure the following:
(a) Designation of the legally responsible
person and the legal description of the site location;
(b) That the receiving treatment works will
not be overloaded when connecting new or expanded lift stations or interceptors
subject to site application requirements of sections 22.8, 22.9, and
22.10;
(c) The existing domestic
wastewater treatment works and feasibility (including the cost effectiveness,
regional water quality management and local comprehensive plans, and legal,
political and physical limitations), with consideration for such issues as
water conservation, water rights utilization, stream flow, water quality, or
economics) of treating wastes in an area-wide facility;
(d) Relationship to and potential impact of
proposed facility on any water supply intake.
(e) Location of proposed project relative to
flood plains or other natural hazard; That the proposed treatment works be so
located that it is not unnecessarily endangered by natural hazards;
(f) Foreseeable potential adverse impacts on
public health, welfare, and safety including that the proposed treatment works
can be operated and managed at the proposed site location to minimize such
foreseeable potential adverse impacts as related to wastewater treatment and/or
water quality;
(g) Proper public
notice and any public comment;
(h)
For treatment plants, the ability of the proposed treatment process(es) to meet
the existing effluent limitations or applicable water quality planning
targets;
(i) Review and comment of
all required local government agencies and 208 designated planning and
management agencies (if interested) including recommendations for approval or
denial and recommendations for any conditions that should be a part of the
Division approval;
(j) Long-range
comprehensive planning for the area as it affects water quality; and
(k) The regional water quality management
plan for the area. The Division shall rely substantially upon such plan in
deciding whether to grant site location approval where the plan is current and
comprehensive with respect to its analysis of population growth and
distribution as it relates to wastewater treatment. In those areas where
regional water quality management planning has not been conducted, or where
such planning is not current or comprehensive, the Division shall rely upon the
factors (a) through (i) of this section and upon the information submitted in
the application for site location approval as the primary determinants in
making the site application decision. Where portions of a regional water
quality management plan are adopted as regulation, pursuant to
25-8-105(3)(a),
they shall be binding on the Division action.
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