Code of Colorado Regulations
1000 - Department of Public Health and Environment
1002 - Water Quality Control Commission (1002 Series)
5 CCR 1002-85 - REGULATION NO. 85 - NUTRIENTS MANAGEMENT CONTROL REGULATION
Section 5 CCR 1002-85.7 - DISADVANTAGED COMMUNITIES

Universal Citation: 5 CO Code Regs 1002-85 ยง 7

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

(1) Disadvantaged community ("DAC") means a community that has a population of 10,000 or less and meets the required combination of primary and secondary factors specified in section (3) below.

(2) For purposes of determining whether a community meets the definition of a disadvantaged community, the following definitions apply:

(a) "10-YEAR CHANGE IN POPULATION" means the average annual change for a location spanning ten years.

(b) "ASSESSED VALUE/HOUSEHOLD" means taxable resources on a household basis.

(c) "COMMUNITY MEDIAN HOUSEHOLD INCOME" means data that divides local households into two parts with half earning more than the median income and the other half earning less. An income survey completed for another state or federal program can substitute for data that is determined to be unreliable or unavailable.

(d) "COMMUNITY MEDIAN HOME VALUE" means data that divides the value distribution of homes into two parts with half of the homes falling below the median value and half falling above the median value. When data is unreliable or unavailable, the county assessor's list of homes can be substituted.

(e) "COUNTY 10-YEAR CHANGE IN JOBS" means the increase or decrease in total jobs which is comprised of wage and salary jobs as well as self-employed proprietor jobs.

(f) "COUNTY MEDIAN HOUSEHOLD INCOME" means data that divides county households into two parts with half earning more than the median income and the other half earning less than the median income.

(3) A community that meets the required combination of primary and secondary factors as specified below is a disadvantaged community for purposes of this Regulation:

Primary and Secondary DAC Factors

Primary Factors

Benchmark

P1 Community Median Household Income (MHI)

Less than or equal to 80 percent of the state MHI

P2 Community Median Home Value (MHV)

Less than 100 percent of the state MHV

P3 County 10-Year Change in Jobs

Loss in total jobs in the county over a 10 year period

Secondary Factors

Benchmark

S1 County Median Household Income (MHI)

Less than or equal to 80 percent of the state MHI

S2 10-Year Change in Population

Community has lost population over a ten year period

S3 Assessed Value/Household

Community's total assessed value per household is less than the median Colorado municipality assessed value per household

DAC Scenarios

Scenario

Primary Factors

Results

Secondary Factors

Results

1 (P1) MHI and

(P2) MHV or (P3) Change in Jobs

DAC

Unnecessary

2 (P1) MHI Only

Neither (P2) MHV nor (P3) Change in Jobs

Test secondary

Meet at least two of three

DAC

3 (P1) Unreliable MHI but

Both (P2) MHV and (P3) Change in Jobs

Test secondary

Meet at least two of three

DAC

(4) At the time of submitting a permit application, a community may request that the division make a determination of whether or not the community is a disadvantaged community.

(5) In the event a community's primary or secondary factor data does not represent recent, significant economic distress, or a scenario is marginally disqualifying, a business case may be presented for determination of disadvantaged community status. The business case should be qualitatively based on the factors the community has determined as not reflective of the community's current socio-economic condition. The business case should be submitted to the division, who will review the business case regarding the disadvantaged community status. The division will determine whether the business case presented provides compelling evidence that the community is a disadvantaged community.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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