Code of Colorado Regulations
1000 - Department of Public Health and Environment
1002 - Water Quality Control Commission (1002 Series)
5 CCR 1002-61 - REGULATION NO. 61 - COLORADO DISCHARGE PERMIT SYSTEM REGULATIONS
Section 5 CCR 1002-61.47 - FINDINGS REGARDING BASIS FOR EMERGENCY RULE FOR AMENDMENTS ADOPTED ON MARCH 9, 1999

The Commission adopted identical revisions to this Rule 61 on both a permanent and emergency basis at its meeting on March 9, 1999. Amendment 14 requires the Commission to promulgate rules by March 31, 1999 to ensure the issuance and effective administration of permits by July 1, 1999. The Commission heard approximately fourteen hours of testimony at its February, 1999 meeting regarding implementation of Amendment 14, but was unable to complete deliberations in the time available. The permanent rule adopted on March 9, 1999 will become effective in the normal course of business on April 30, 1999. The provisions of that rule, however, require that housed commercial swine feeding operations submit permit applications by April 15, 1999. This date cannot practically be delayed without potentially delaying issuance of permits beyond the July 1, 1999 deadline for issuance of permits under Amendment 14. In order to provide continuous regulatory coverage so that the implementation can begin promptly, an emergency rule is necessary to cover the period until April 30, 1999. Accordingly, the Commission finds that immediate adoption of the temporary rule is imperatively necessary in order to comply with the mandates and deadlines of Amendment 14. Adoption of the permanent rule implementing Amendment 14 complied with the requirements of section 24-4-103, C.R.S. (1998). The permanent and temporary rules are substantively identical. The Commission therefore further concludes that compliance with the provisions of section 24-4-103, C.R.S. (1998) in adoption of a rule for the period March 30, 1999 to April 30, 1999 would be contrary to the public interest The Commission designates the effective period for this emergency rule as March 30, 1999 through April 30, 1999.