Code of Colorado Regulations
1000 - Department of Public Health and Environment
1002 - Water Quality Control Commission (1002 Series)
5 CCR 1002-34 - REGULATION NO. 34 - CLASSIFICATIONS AND NUMERIC STANDARDS FOR SAN JUAN AND DOLORES RIVER BASINS
Section 5 CCR 1002-34.20 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE; JUNE, 1990 RULEMAKING HEARING
The provisions of 25-8-202(1)(a), (b) and (2); 25-8-203; 25-8-204; 25-8-207 and 25-8-402 C.R.S. provide the specific statutory authority for action on these regulatory amendments.
BASIS AND PURPOSE:
The Commission held this rulemaking hearing to make permanent the emergency hearing that was held in February, 1990 to readopt the classifications and numeric standards for the San Juan River and Dolores River Basins to correct errors in the original filing. The affected regulation was amended on November 7, 1989 and was filed within the required timeframes with the Secretary of State's Office and the Office of Legislative Legal Services. The Commission learned shortly after the filings that three (3) pages had been inadvertently left out of the regulation, and that a typographical error appeared throughout the classification and standards tables that are part of the regulation. The Commission office was able to correct the errors with a replacement filing with the Secretary of State's Office so that the regulation published in the CCR (Colorado Code of Regulation) correctly reflects the Commission's actions.
The Office of Legislative Legal Services notified the Commission that it could not accept the corrected materials as they had not been submitted within the 20 day timeframe called for in section 24-4-103(8) (d), C.R.S. of the "State Administrative Procedure Act". It was suggested that the Commission needed to repromulgate the rules that contained the errors submitted in November, 1989 and resubmit them.
The Commission elected to proceed on an emergency rulemaking basis to avoid any confusion that could result due to the fact that the two filings are currently not the same. Therefore, the Commission adopted the corrected version of the regulation at an emergency rulemaking hearing on February 6, 1990.
