Code of Colorado Regulations
1000 - Department of Public Health and Environment
1002 - Water Quality Control Commission (1002 Series)
5 CCR 1002-31 - REGULATION NO. 31 - THE BASIC STANDARDS AND METHODOLOGIES FOR SURFACE WATER
Section 5 CCR 1002-31.10 - MIXING ZONES
Current through Register Vol. 47, No. 5, March 10, 2024
(1) Definitions
That portion of a waterbody, surrounding or downstream from a point source of discharge, wherein constituents of the discharge are not uniformly dispersed into the receiving waters. The physical mixing zone also can be referred to simply as the "mixing zone," except where there is possible confusion with the regulatory mixing zone, as it is defined below, which differs from the physical mixing zone
That portion of a physical mixing zone within which a numeric water quality standard for a given water quality parameter is not met during critical conditions. The size of an exceedance zone may differ from one numeric standard to another at a given location.
The maximum size allowable for an exceedance zone at a given location. An acute regulatory mixing zone limits the size of exceedance zones for acute standards, and a chronic regulatory mixing zone limits the size of exceedance zones for chronic standards. The sizes of the acute and chronic regulatory mixing zones are related to the size of the receiving water, as explained in 31.10 (3).
The width of a stream under flow conditions when the stream just begins to enter the lowest level of the floodplain.
The average surface area for a lake shall be determined from historic data (five years or more if possible), and must be computed monthly or seasonally, as appropriate, to reflect significant monthly or seasonal changes in area.
For purposes of this regulation, streams will include Waters of the State that flow, regardless of size, and lakes will include Waters of the State that are not flowing, including reservoirs. Wetlands will be treated in the same manner as lakes.
(2) Exemptions from Restriction of Permit Limits by Mixing Zone Regulations
In the following instances, water quality-based effluent limits (permit limits) for discharges to streams will be calculated using the full chronic (30E3) and acute (1E3) low flow of the stream for dilution except where a more stringent approach is determined by the Division to be necessary to protect designated uses in the waterbody as a whole based on the factors identified in subsection 31.10 . These exemptions do not apply to lakes.
(3) Regulatory Mixing Zone Sizes
The Division shall consider the following factors in determining the sizes of the regulatory mixing zones for streams:
An acute mixing zone may also be further reduced below default limits for reasons given in subsection 31.10 . The permittee may request that the size of the acute regulatory mixing zone be higher than recommended by the Division, but no higher than 25% of the chronic regulatory mixing zone, on the basis of arguments related to cost/benefit analysis, economic reasonableness, ecological risks, use classification, or designation. The burden is on the permittee to bring appropriate information to the Division.
The Division shall consider the following factors in determining the size of the regulatory mixing zones for lakes:
An acute mixing zone may also be further reduced below default limits for reasons given in subsection 31.10 . The permittee may request that the size of the acute regulatory mixing zone be higher than recommended by the Division, but no higher than 25% of the chronic regulatory mixing zone, on the basis of arguments related to cost/benefit analysis, economic reasonableness, ecological risks, use classification, or designation. The burden is on the permittee to bring appropriate information to the Division.
(4) Use of Mixing Zone Regulations in Setting Permit Limits
Computation of chronic or acute permit limits for point source discharges to streams shall be as follows:
Computation of chronic or acute permit limits for point source discharges to lakes shall be as follows:
(5) Additional Constraints on Mixing Zones
(6) Mixing Zones for Whole Effluent Toxicity-based Permit Requirements
The provisions of this section 31.10 do not apply to the determination of whole effluent toxicity-based permit requirements.