Code of Colorado Regulations
1000 - Department of Public Health and Environment
1002 - Water Quality Control Commission (1002 Series)
5 CCR 1002-63 - REGULATION NO. 63 - PRETREATMENT REGULATIONS
Section 5 CCR 1002-63.84 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE; (December 12, 2016 Hearing, Effective March 1, 2017)

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

The provisions of sections 25-8-202(1); 25-8-205(1)(B); AND 25-8-401, C.R.S., provide the specific statutory authority for adoption of the attached regulatory amendments. The commission also adopted, in compliance with section 24-4-103(4) C.R.S, the following statement of basis and purpose.

BASIS AND PURPOSE

The Commission adopted the changes proposed by the Water Quality Control Division. These changes are as follows.

1. Update of Federal Regulations Incorporated by Reference

The regulation now contains updated date of incorporation by reference for the numerous federal pretreatment regulations referenced in Regulation 63. November 14, 2005 was changed to December 12, 2016.

2. Clarification Regarding Complimentary Implementation

Section 63.4 , Implementation, now clarifies that the Water Quality Control Division's pretreatment program, i.e. this regulation, will be implemented in a manner complimentary to the EPA's implementation of federal pretreatment regulations. At this time, the State of Colorado does not have delegation of the federal pretreatment program from EPA, and complimentary implementation will include avoiding unnecessary redundancies in oversight and documentation, and focusing on areas of the pretreatment program where EPA lacks the State's broad authority or where additional action is needed in order to effectuate the purposes of this regulation described in Section 63.2 . These purposes include preventing the introduction of pollutants into POTW's which interfere with the operation of a POTW or pass through the treatment works without receiving effective treatment or otherwise be incompatible with such works; and to improve opportunities to recycle and reclaim municipal and industrial wastewaters and sludges. The Commission emphasizes that Regulation 63 continues to fully authorize the Water Quality Control Division to implement a statewide and comprehensive pretreatment program.

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