Current through Register Vol. 47, No. 17, September 10, 2024
(1) Certification Eligibility
(a) A new or expanding interceptor sewer is
eligible to apply for a site location decision through the certification
process (22.8(2)) in lieu of a site location application when:
(i) The receiving treatment entity has
adequate capacity to treat, or has site location approval for sufficient
additional capacity to treat the projected total flow and the projected total
flow would still be under their discharge permit flow limitations, where
applicable, after the interceptor sewer is completed; and
(ii) The proposed interceptor sewer is
capable of carrying the projected flows from the applicable service area;
and
(iii) The project must be
consistent with the regional water quality management plan.
(b) Where an interceptor project
cannot meet all requirements needed for the certification process the
interceptor must apply under the site location application process described
under item 22.8 (3).
(2)
Site Location Certification Process: A site location application certification
process for eligible interceptors is allowed when applicable. Ninety days prior
to the commencement of construction of an interceptor sewer, the person
responsible for that sewer shall notify the 208 designated planning and
management agencies and the Division of such construction. This notification
shall be accompanied by a certification from the treatment entity receiving the
wastewater for treatment that it has, or will have, the approved capacity to
treat the projected wastewater from that interceptor sewer in accordance with
the treatment entity's site location approval and discharge permit. Within 30
days of receipt of notification, the 208 planning agency, or the Division if a
208 planning agency does not exist, shall certify that the proposed interceptor
sewer has the capacity to carry the projected flow and is consistent with the
Water Quality Management Plan. In the event the person responsible for an
interceptor sewer does not have the said certifications from the treatment
entity and the 208 planning agency, the person responsible shall be required to
obtain site location approval from the Division, as set forth in section 22.8
of these regulations, prior to construction.
(a) The notification to the Division shall
include the proper application form. These forms shall be available from the
Water Quality Control Division, 4300 Cherry Creek Drive South, Denver,
Colorado, 80246-1530 and on the Division's web page.
(b) For each notification received pursuant
to section 22.8 , the Division shall make a site location application
determination for the certification. For an approval, the Division shall
acknowledge the certification in writing, to the responsible person.
(3) Site Location Application
Process: Site location application for new or expanding interceptors not
eligible for certification is required when applicable. A site location
application shall be made to the Division on the proper form. Prior to
submitting the form to the Division, the application must be submitted to the
local authorities and the 208 designated planning and management agencies for
review and comment in accordance with section 22.8(3)(c), 22.8(3)(d), and
22.8(3)(e).
(a) The notification to the
Division shall include the proper application form. The form shall be available
from the Water Quality Control Division, 4300 Cherry Creek Drive South, Denver,
Colorado, 80246-1530 and on the Division's web page.
(b) Accompanying the application shall be an
adequate engineering report describing the proposed interceptor sewer. The
report shall be considered the culmination of the planning process. A completed
design is not necessary for the application or to obtain site location
approval. Design review procedures are described in section 22.13 . The
engineering report submitted with the application shall meet all requirements
of Section 22.4 , including containing all information the Division must
consider pursuant to sections 22.3 and 22.5 and shall address and/or include
the following at a minimum:
(i) A map
identifying the site of the interceptor alignment, associated service area;
land uses and environmental considerations.
(ii) Service area for the interceptor sewer,
including existing and projected population, and flow/loading projections over
the project planning period.
(iii)
Final legal arrangements demonstrating control of the site or the governing
jurisdiction's authorization to construct, operate, and maintain facilities in
their right-of-way for the project life or preliminary documentation showing
the intent to negotiate the same in good faith.
(iv) Identification of the treatment entity
responsible for receiving and treating the wastewater and confirmation, in
writing, from the wastewater treatment entity that it:
(A) Will treat the wastewater.
(B) Is not presently receiving wastes in
excess of its design capacity as defined in its site location approval and/or
discharge permit, or is under construction, or will be in a phased construction
of new or expanded facilities.
(C)
Will have the necessary capacity to treat the projected discharge from the new
or expanded interceptor sewer.
(D)
Has not been in violation of any effluent limitations in its discharge permit
for the last two years and is not operating under a Notice of Violation and/or
Cease and Desist Order from the Division resulting from discharge permit
violations. Alternatively, if there have been effluent violations or if the
treatment plant is operating under a Notice of Violation and/or Cease and
Desist Order from the Division, the Division will evaluate the situation and
the treatment entity's proposed corrective measures to achieve consistent
compliance and determine if approval should be granted, granted with
conditions, or denied.
(v) Confirmation in writing from the 208
designated planning and management agencies that the proposed interceptor sewer
has the capacity to carry the projected flow and is consistent with the
regional water quality management plan.
(vi) Implementation plan and schedule
including estimated construction time and estimated start-up date.
(vii) Identification of the entity that is
financially responsible for the construction of the facility, financially
responsible for owning and long term operating expense of the proposed
facility, and responsible for managing and operating the proposed facility
after construction. If these entities differ from the applicant, provide the
legal arrangements showing the identified responsibilities and terms of
arrangement.
(c) The
application shall be forwarded to the city, town, or county in whose
jurisdiction(s) the interceptor is to be located for review and comment. The
local authorities are requested to review and comment upon: the relationship of
the interceptor to its local comprehensive plan and/or utility plan for the
community as it affects water quality; the proposed site location including the
location with respect to the floodplain; and the capacity to serve the planned
purpose. A recommendation of approval from the local authority is considered to
be a statement that the proposal is consistent with the water quality
considerations contained in its local comprehensive plan. If the local
authority does not review and comment on the application within 60 days, the
applicant may submit the application to the Division without such comments
and/or recommendations. Upon receipt of any application lacking the comments or
recommendation of an appropriate review entity, the Division shall contact that
agency and provide a period of seven (7) days for the agency to provide
comments and/or a recommendation or to explain the absence of such comments
and/or recommendation.
(d) The
application shall be forwarded to the 208 designated planning and management
agency for the area in which the facilities are to be constructed and for the
area to be served by those facilities for review and comment. A recommendation
of approval from the appropriate 208 designated planning and management agency
(agencies) is considered to be a statement that the proposal is consistent with
any adopted water quality management plan(s). If the 208 planning agency does
not review and comment on the application within 60 days, the applicant may
submit the application to the Division without such comments and/or
recommendations. Upon receipt of any application lacking the comments or
recommendation of the 208 planning agency, the Division shall contact that
agency and provide a period of seven (7) days for the agency to provide
comments and/or a recommendation or to explain the absence of such comments
and/or recommendation.
(e) For all
applications meeting the above criteria, the Division will adopt the
recommendation of the 208 planning agency, assuming that the recommendation is
consistent with that of the other review agencies, unless it is aware of
potential adverse impacts from the project to water quality or the public
health, safety or welfare not identified or addressed in the application. If
the 208 planning agency does not provide a recommendation, or if the review
agencies do not agree on the recommendation, then the Division will review and
act on the application in accordance with section 22.13.
(4) If, after certification or site location
approval is issued, there is a change in design capacity of the interceptor
(either an increase or decrease), the person responsible for the interceptor
sewer shall submit a new site location application reflecting the change in
design parameters. The submission and review process shall be the same as
detailed in 22.8(2) or 22.8(3), as applicable.
(5) If, after the site location approval is
issued but prior to completion of construction, there is a change in alignment
of the interceptor, the person responsible for the sewer shall include an
updated map and any new legal arrangements as part of the as-built
certification process. The Division will decide whether a new site location
application is required or the existing can be modified without a new site
location application.
