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 1002-61.57 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE (Hearing August, 2005, Adopted October 11, 2005, Effective date of November 30, 2005)

Current through Register Vol. 47, No. 17, September 10, 2024

The provisions of 25-8-202(1)(d) and (1)(i) and (2); and 25-8-501 to 504 C.R.S. (1989 Repl. Vol. 11A and 1992 Supp.) provide the specific statutory authority for this amendment to the Colorado Regulations for State Discharge Permit System, adopted by the Commission. The Commission has also adopted, in compliance with 24-4-103(4) C.R.S. (1988 Repl. Vol. 10A and 1992 Supp.), the following statement of Basis and Purpose.

BASIS AND PURPOSE

The Commission modified section 61.14 to add a new subsection (v) that exempts land application of reclaimed water from the requirement to obtain a CPDS discharge permit provided that the activity is covered by a Notice of Authorization issued pursuant to Regulation 84.6. This change was made to provide an option for entities using reclaimed water for landscape irrigation to avoid having to obtain a discharge permit under Regulations 61 and obtain a Notice of Authorization under Regulation 84 for the same activity. The addition to section 61.14 and the associated changes to Regulation 84 at section 84.6 and the addition of section 84.6 are intended to eliminate any overlapping requirements. The Commission found this change to be appropriate given the substantial existing and newly added water quality protection provisions in Regulation 84 that will ensure that impacts to ground water from this activity will be minimal.

The Commission modified §61.14 to add a new subsection (ix) that exempts an on-site landscape irrigation system located on a domestic wastewater treatment plant site using treated effluent applied at an agronomic rate from coverage under the ground water discharge regulations. This addition was made to clarify that the historic practice of irrigating landscaping with treated effluent at a domestic wastewater treatment plant site does not need a ground water discharge permit. The Commission found this exemption to be appropriate because the irrigated areas are relatively small and irrigation at agronomic rates will ensure that there is no adverse impact to the environment.

PARTIES TO THE RULEMAKING HEARING