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Home My WebLink About20060825.tiff rgerrrIVETh FEB 227m6 oe 0.4c, �� J s1.r. DICE C / Ui i? February 17, 2006 Mr. Bruce Barker Weld County Attorney 915 Tenth Street P.O. Box 758 Greeley, Colorado 80632 RE: Comments on the Draft 1041 Regulations Dear Bruce: Although the City of Dacono is not a direct provider of water or sewer services, we have some concerns about the proposed 1041 regulations in Weld County. Dacono is currently located in two sewer districts (Dacono Sanitation and St. Vrain Sanitation), and contracts for treated water from Central Weld County Water District. In the future, we may be looking at additional sources of water, and Dacono is likely participating in the Northern Integrated Supply Project (NISP) coordinated by Northern Colorado Water Conservancy District. The City of Dacono does own and maintain an internal water distribution system. Given the City of Dacono's projected growth, and its planning for future utility services, it is very likely that the City, and its service providers, will need to extend lines through unincorporated County land, both inside and outside our planning area. Discussions are currently underway for the extensions of sewer lines to the east and north of Dacono to serve both future and current residents. These projects have been many years in the planning, and still need to go through extensive regional, state, and, in the case of NISP, national, permitting procedures. We are concerned that the additional 1041 process proposed by Weld County will add cost, time, and unnecessary restrictions on projects that are already comprehensively regulated. 2006-0825 s ; - We would very much like to include exemption language in an updated intergovernmental land use agreement between Weld County and the tri-town communities. If that is not possible, we would like to explore some refinement of the language in Sections 21-5-340 and 21-6-340, which provide for a waiver of submission requirements, and reconsideration of the criteria for approval in Sections 21-5-350 and 216-350. The criteria for County approval are very broad, and in some cases, rather subjective. For example, a project could successfully proceed through the regional and state permitting processes, but if the County determined that "area and community development and population trends (did not) demonstrate clearly a need for such project", then the applicant would have gone through a long and expensive process only to be told no at the very end. In addition, as a home rule municipality, Dacono would not willingly surrender its responsibility for growth planning to the County. Dacono has worked with other municipalities and service providers to find regional solutions to utility and transportation needs, and appreciates the County's concern about the proliferation of small systems and the potential loss of County natural resources (water). I hope that we can find a way to address your concerns without adding duplicative and expensive requirements to the well- regulated areas of utility extensions. Thank you for your consideration. Sincerely, Wade Carlson Mayor NORTH FRONT RANGE WATER QUALITY PUNNING ASSOCIATION Civic Center, 500 E. 3"'Street, Loveland, CO 80537 970.962.2785—970.962.2913 fax nfrwopaafrii.com—www.nfrwgpa.orq February 23, 2006 _ D FEB num Bruce Barker VVEL , COUNTY Weld County Attorney :ATTORNEY'S OFFICE 915 Tenth Street Greeley, Colorado 806322 RE: Proposed 1041 Regulations Dear Bruce: Thank you for the opportunity to provide comments regarding the County's proposed 1041 Regulations. In general, the North Front Range Water Quality Planning Association (NFRWQPA) is not opposed to the establishment of the regulations with the intent that has been described, which is to mitigate the impacts of large amounts of water leaving the County. However, we feel that the "Purpose and Intent" outlined in Articles IV and V appears to extend past that intent. In addition, the membership has several concerns with the implementation and administration of the regulations as they are proposed. The first item of concern regarding the implementation and administration of the regulation deals with the "Purpose and Intent". Some of the items included in this section appear to be redundant of the responsibilities of the NFRWQPA and the Colorado Department of Public Health and Environment (CDPHE). An example of the possible redundancy is listed below: Article V Sec. 21-4-20(A): To ensure that new domestic water and sewage treatment systems are constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment system within Weld County. This section, as it would refer to sewage treatment systems being built in Weld County, appears to be redundant of the NFRWQPA and CDPHE review. One of the items that is required to be submitted to the NFRWQPA with any site application for a new wastewater treatment facility, as per the Association's site application policy, is an "analysis of opportunities for consolidation of treatment works in accordance with the provisions of section 22.3(1)(c) of the Site Location and Design Approval Regulation ..." This section of the regulation states: 22.3(1)(c) "Encourage the consolidation of wastewater treatment works whenever feasible with consideration for such issues as water conservation, water rights utilization, stream flow, water quality, and economics." The Regulation also requires: 22.4(1)(b)(v) "Analysis of opportunities for consolidation of treatment works in accordance with the provision of section 22.3(1)(c), including those recommended in the water quality management plan, unless the approved water quality management plan recommends no consolidation." Bruce Barker February 23, 2006 Page 2 In addition to the requirements outlined in Regulation 22, CDPHE also has established a policy titled "Policy Number 5: Consolidation of Domestic Wastewater Treatment Works" which was designed to ensure that the Division consistently applies the requirements of Regulation 22 as well as the Water Quality Control Act. Our second item of concern with the implementation and administration is that many of the items requested to be submitted as part of the review and permit process also appear to be redundant of items requested for review by CDPHE and NFRWQPA. These items include: Article V Sec. 21-4-330, C: "Demonstrate the need for a new water or sewage treatment system" items 1-4. This information is required as part of the Site Application process by both CDPHE and NFRWQPA. As a possible solution to the first and second items of concern, the Association would suggest that the County consider accepting a Utility Plan, which has been reviewed and accepted by NFRWQPA, as meeting the requirement in both of these instances. Should an approved plan not be in place, the Association would work with the County to help coordinate the necessary reviews. A copy of the Association's Utility Plan Guidance Document is included for your review. Third, the Association has suggested the use of a tiered system of permit review. The suggestion would be to use a similar approach as that used in the Summit County 1041 Regulation. These regulations use a three tier approach found in Chapter 10 Section 10200. The three levels include a finding of no significant impact, a minor permit review, and a major permit review. As part of this tiered review, the Association would suggest the option of exempting projects located within an established planning area. These planning areas may include established growth management areas covered by an IGA between a municipality and the County; the default area of 1/2 mile from existing sewer service of a municipality when no such IGA exists; or the area identified in a Utility Plan for municipalities or special districts. This type of exemption would allow for such things as the installation of pipelines in small areas of Weld County that lie adjacent to a municipality or district. This type of installation may be necessary to provide service to a recently annexed area when the area between the new annexation and the current municipal boundary has not yet annexed. The Association would also suggest incorporating a pipeline size into the tier review which would include pipelines smaller than 24 inches. As an alternative, the Association would suggest including the above mentioned planning areas and projects types in Article II Section 21-2-20 "Specific activities exempted from permit process". Finally, the Association would like to suggest the development of a guidance document or procedural guide along with the regulation. We feel this type of document could be a very useful tool in the future to ensure the intent of the regulation is maintained. Bruce Barker February 23, 2006 Page 3 The Association is very interested in continuing to monitoring the progress of the regulations and reserves the right to make additional comments in the future as modifications are made or as new issues become apparent. Please contact me at (970) 962- 2785 if you have questions. Sincerely, Connie O'Neill Manager Enclosure: (I) cc: Lee Morrison, Assistant Weld County Attorney North Front Range Water Quality Planning Association Utility Plan Guidance APPROVED ABSTRACT TITLE North Front Range Water Quality Planning Association Utility Plan Guidance AUTHOR SUBJECT Wastewater Utility Plan Guidance Manual SOURCE OF COPIES Dave DuBois NFRWQPA 500 E. 3rd St. Loveland, CO 80537-5773 NUMBER OF PAGES ABSTRACT This guidance document provides necessary information and direction to utility departments, consultants, planners or wastewater managers that need to produce a wastewater utility plan. TABLE OF CONTENTS TABLE OF CONTENTS II LIST OF TABLES IV EXECUTIVE SUMMARY 1 PREAMBLE 3 I. INTRODUCTION 3 Purpose of Guidance Document General review and recognition 5 Geographic context 5 Who needs to complete wastewater utility plans? 6 What is the role of management agencies? 6 When will wastewater utility plans be needed? 7 First steps in starting a utility plan 8 Wastewater treatment work planning 9 Wastewater utility plan documents 10 Documentation sign-off 11 II. IMPORTANT DEFINITIONS 13 III. WASTEWATER SERVICE AREA CONCEPTS 15 Major service areas 15 Minor service areas 15 Ultimate Planning Areas 16 Wastewater utility service to non-urban areas 17 IV. RELATIONSHIP TO SITE APPROVAL PROCESS 18 V. UTILITY PLANS FOR WASTEWATER WORKS OR FACILITIES 21 General requirements 21 Consolidation of facilities policy 22 Wastewater reuse policy 22 Biosolids policy 22 Environmental components 24 Utility plan components 24 Service area designations Y4 Population and employment datasets and forecasts 24 Wastewater flow characterizations Y5 Infiltration and Inflow analysis 45 Peaking factor 25 Wastewater flow planning factors 26 Character of influent 27 Industrial pretreatment 27 Treatment works characterization 28 Location and siting of treatment plant 28 Existing process system 28 Schematic of treatment works 28 Infrastructure sizing and staging 29 Odor control considerations 29 Air Quality Permiting Requirement 30 Stormwater management plan 30 Site characterization requirements 30 Collection system 30 Interceptors 30 Major lift stations 31 Water quality characterization 31 Water quality limited receiving water 31 Level of treatment for new and expanding facilities 32 TMDLs and wasteload allocations 32 Watershed issues 33 Minimum mapping requirements 33 Alternatives analysis 33 Management and financial plans 33 Management structure and agreements 33 Financial considerations 34 Interest in revolving loan 35 VI. UTILITY PLAN FORMAT CHECKLIST & ACCEPTANCE POLICY 36 Suggested outline and checklist 36 Distribution and number of copies 38 VII. RECOMMENDED UTILITY PLAN 39 General criteria 39 Renewal frequency 40 Acceptance procedure 40 VII. REFERENCES 41 VII. APPENDICES 42 Appendix A- Regulations for the Site Approval Process 42 Appendix B -Water Quality Control Division Consolidation Policy 42 iii LIST OF TABLES Table 1 Key contacts 9 Table 2 Review and comment agencies identified in site approval process 12 Table 3 Factors used in the 208 Plan to estimate wastewater flow 26 Table 4 Minimum distribution of copies 38 iv EXECUTIVE SUMMARY This guidance document provides the necessary information and direction to develop wastewater utility plans. The document provides detailed technical information specifically targeting utility departments, consultants, planners or wastewater managers that need to produce wastewater utility plans. Utility plans should be consistent with the guidance contained herein. The new wastewater utility plans will meet multiple wastewater management documentation needs as detailed in this guidance document. Utility plans are critical in determining how wastewater service will be provided to urbanized portions of the region and special case locations that have a permitted wastewater treatment facility. The long-term goal is to have a wastewater utility plan for permitted wastewater treatment systems in the NFRWQPA region. The Area Wide Plan identifies and maps two types of wastewater management service areas termed the 20 year Wastewater Utility Service Area (WUSA) and the Ultimate Planning Area. Those entities developing utility plans should use these service area concepts. Each wastewater utility plan should identify specific service areas and describe how these areas will be served in context with meeting all required water quality limits. This technical guidance document details who needs to complete a utility plan, the role of the water quality management agency, timing schedules, and documentation requirements. A number of logical steps in this process are outlined that increase the effectiveness and efficiency of wastewater management planning within the NFRWQPA region. Important definitions are provided early in the guidance document, since these definitions are critical in understanding the guidance recommendations. The definitions are consistent with definitions contained in the Colorado site approval process. The site approval regulation should be referenced for additional definitions. Long-range wastewater service areas are called Ultimate planning areas. The portion of the Ultimate planning area beyond the urban growth boundary is based on approved local comprehensive plans, comprehensive long-range utility plans or the area a wastewater provider intends to serve at ultimate development. Ultimate planning areas can extend significantly beyond the 20 year planning horizon. NFRWQPA planning areas and wastewater utility service areas can be modified through flexibility provisions of this document. 1 Utility plans will need to meet the requirements of the Colorado Department of Public Health and Environment site approval regulation number 22. The definitions used in the site application regulation define terms used in any utility plan. Utility plans that have been recognized or conditionally recognized by the NFRWQPA will be used in the site approval process. As part of the state Water Quality Act, site approvals are needed for construction or expansion of wastewater treatment works, lift stations, and major interceptor lines. Utility plans document the wastewater management strategy for a wastewater treatment facility (greater than 2000 gallons per day capacity) and the associated planning area. All utility plans should contain a defined set of minimum information (location, sizing, staging, service area, process system, effluent quality and financial arrangements) outlined in Chapter V of this guidance document and respond to appropriate state or federal requirements. The checklist of recommended documentation needs for utility planning should be followed in the preparation a new utility plan. The primary goal in establishing wastewater utility plans is to provide reasonable, feasible and economical wastewater service to areas designated for development within the NFRWQPA watersheds. Utility plans should consider the water quality impact the treatment system will have on receiving waters. The utility plan should include any strategy for meeting all applicable water quality standards and classifications, while quantifying the potential impact a discharger may have on other dischargers. 2 PREAMBLE Wastewater Utility Plans are planning tools that can assist wastewater utilities in planning for wastewater collection system and treatment system changes. The North Front Range Water Quality Planning Association has assembled this document to provide guidance to utilities in its region. Utility plans are voluntary in nature and NFRWQPA does not mandate utilities to submit such plans. Instead, utility Plans present a mechanism by which utilities may choose to participate in a coordinated review and comment process as specified in Colorado Water Quality Control Commission Regulation 22 (22.3(5) and 22.5(6)). These plans will simplify and ease the process by which utilities may seek Site Approvals from Colorado Department of Public Health and Environment's Water Quality Control Division and 208 plan amendments from NFRWQPA. I. INTRODUCTION PURPOSE OF GUIDANCE DOCUMENT What are utility plans? Wastewater Utility Plans This guidance document provides the necessary are designed to replace information and direction to utility departments, 201 facility plans. consultants, planners or wastewater managers that need to produce a wastewater utility plan. Utility plans should be consistent with the guidance contained in this document. Wastewater utility plans, as referenced in the Areawide Water Quality Management Plan (208 Plan), replace the current 201 facility plans. The new wastewater utility plans will meet multiple wastewater management documentation needs, including, but not limited to the following four basic functions: 1. Serve as the primary support document to amend the Areawide Water Quality Management Plan. 2. Serve as the primary support document for a site approval. 3. Provide necessary background and planning information needed by the Water Quality Control Division in the discharge permitting process. 3 4. Serve as a support document for a revolving loan application. Utility plans are intended to be broader in scope than 201 facility plans, with the recognition that the amount of detail will vary between plans, depending on facility complexity and size. Some additional support documentation may be required by the Colorado Department of Public Health and Environment, Water Quality Control Division in the site approval, permitting and loan processes. Utility plans are critical in determining how wastewater service will be provided to urbanized portions of the region. This includes small locales requiring centralized services or specialized sites requiring a wastewater treatment plant with a capacity > 2000 gallons/day (i.e., church camp, truck stop, restaurant). The utility plan level of detail will be kept flexible to accommodate both major and minor wastewater providers. 4 General review and recognition The review and acceptance of wastewater utility plans, associated with designated service areas, that are prepared according to this guidance, is a responsibility of the NFRWQPA. Utility plans may be accepted by NFRWQPA at any regularly scheduled meeting. The guidance directions included herein were developed in cooperation with the Water Quality Control Division. While the division intends to use utility plans as source information in its various processes, the acceptance by NFRWQPA does not preclude the division from requiring additional documentation. This guidance document contains the wastewater planning information needed in the development of utility plans to be incorporated by reference into the Areawide Water Quality Management Plan. Geographic context The 208 Plan processes define how wastewater service and water quality attainment can be achieved within specific geographies. While a wastewater service area may extend into adjacent watersheds, the basic geographic unit for wastewater utility planning will be the watershed. Additionally, regional water quality planning will be driven by the watershed approach. The 208 Plan will identify and map two types of wastewater management service areas termed Wastewater Utility Service Areas (WUSAs) and Ultimate Planning Areas (UPAs) as utility plans are prepared and accepted. Entities developing utility plans as outlined in this guidance document, should use the service area concepts of Wastewater Utility Service Areas and Ultimate Planning Areas. Wastewater Service Area Ultimate Planning Area(Growth expected beyond 20 years) Wastewater Utility Service Flexibility Area (Urban growth expected in about 20 years). This service area equates to the Urban Growth Boundary. 5 Each wastewater utility plan should identify a specific service area and describe how this area will be served in context with meeting all required water quality limits. Wastewater service areas should include the area requiring urban area services through the 20 year planning horizon. Areas requiring urban area services beyond the planning horizon are identified as ultimate planning areas. These areas should be included in a locally approved comprehensive plan or similarly approved plan. As development patterns change, ultimate planning areas can be converted to 20 year planning areas when the needs have been identified. Modifying the urban growth boundary is a local planning responsibility. Who needs to complete wastewater utility plans? Wastewater treatment facilities or plants with a permitted discharge greater than 2000 gallons per day, as issued through the Colorado Discharge Permit System (CDPS), should complete a wastewater utility plan or set of plans, as appropriate, if their service area is growing. What is the role of management agencies? Management agencies, as historically designated in the NFRWQPA 208 Plan, are those entities with land control authority. The management agencies and associated operating agencies decide on the need for and specific characteristics of wastewater treatment processes and the details of implementation within specified parameters. Generally, wastewater treatment facility operating agencies will have primary responsibility for developing utility plans. Management agencies are responsible for review of utility plans developed by associated operating agencies. When the management agency and operating agency are the same, the utility plan will be considered as being developed by the management agency. Management agencies are Management agencies may be individual associated with all wastewater municipal governments, general-purpose treatment facilities in the NFRWQPA governments holding National Pollutant region. Generally, counties are Discharge Elimination System (NPDES) management agencies for most discharge permits or other special districts minor wastewater providers, responsible for planning and approving otherwise, municipalities or other permitted facilities. Management agencies general-purpose governments are are designated by the governor as management agencies. recommended by the planning and regulatory agencies. Management and operating agencies may have the following authorities related to utility planning: 6 ❑ Carry out appropriate portions of the Areawide 208 Plan. ❑ Facilitate coordination between adjacent service entities as to which can best serve a new area. ❑ Directly, or by contract, plan for, design and construct new wastewater treatment works, including plant and collection system. ❑ Operate and maintain new and existing wastewater treatment works. ❑ Accept and utilize grants, loans and funds from other sources for wastewater treatment management purposes. ❑ Raise revenues, including the assessment of wastewater treatment charges. ❑ Facilitate implementation of the wastewater treatment management plan, with each participating community paying its proportionate share of treatment costs. ❑ Accept industrial wastewater for treatment and manage pretreatment programs. When will wastewater utility plans be needed? Wastewater utility plans meeting minimum recommendations outlined in the Areawide 208 Plan The utility planning process and detailed in this guidance document should be will remain flexible for minor prepared for all major wastewater collection and/or wastewater providers. treatment service providers (service providers). For However, sufficient planning existing major service providers, the development and information must be shown review of utility plans should be completed as soon as so there will not be negative possible and should be linked to the five-year permit water quality effects caused renewal cycle as necessary. It is anticipated that some by any proposed new facility, service providers will not complete a utility plan. facility expansion or change Additionally, some wastewater collection system to service area. providers may not complete a utility plan. If there is no reason to change the treatment plant capacity, modify the service area or upgrade the treatment works, a utility plan may not be necessary. However, any significant changes to the treatment works or service area for these systems will require a utility plan for review by NFRWQPA. 7 First steps in starting a utility plan Recommended first steps in preparing a wastewater utility plan are outlined below. ❑ Determine the type and intended use of the utility plan: 1) Existing wastewater treatment plant, interceptor or lift station - no upgrade anticipated within 5 years 2) Existing wastewater treatment plant, interceptor or lift station — upgrade necessary within five years; 3) Existing wastewater treatment plant, interceptor or lift station — site approval in progress; or 4) New wastewater treatment works. ❑ Determine who needs to be involved in the development of a utility plan and the general level of involvement in the process: They may include but are not limited to the following 1) NFRWQPA 2) Management agency; 3) Operating agency (mandatory); 4) Local governments 5) Special districts; 6) Technical support group(s) (e.g., consultant company, technical experts); 7) Citizen groups, homeowner associations and the general public; 8) Industries (either through pretreatment program or direct within service area); 9) Watershed association 10) State agencies (e.g. Water Quality Control Division, State Engineer, Colorado Division of Wildlife); and 11) Federal agencies (e.g. U.S. Army Corp of Engineers, Federal Fish and Wildlife Service) o Collect all existing documentation and compare to outline to determine missing elements or areas requiring revision for new utility plan. o Make preliminary contact with potential key informational contacts (Table 1) to; 1) Obtain information needed in the utility planning process; and 2) Determine issues or problems that need to be addressed during the utility planning process. ❑ Develop utility planning process schedule and begin. 8 Table 1 Key contacts Level Contacts Types of Information Planning Regional Planing Agency Staff Guidance documents, maps of Agency service areas, urban growth boundary, population and employment projections, wastewater flows, water quality assessments, wastewater management policies, monitoring information, committee contacts Local Planning and zoning department; local Urban growth boundary; government health department comprehensive plans; zoning; development plans Management/ General-purpose government as a Wastewater strategy; existing operating management agency or a watershed permits; watershed plans; Agency association as the management agency TMDLs, facility plans; existing infrastructure plans State Water Quality Control Division staff Regulations (i.e., site Agencies including watershed coordinator, permit approval); effluent limits; writer (existing permit), revolving loan permits; wasteload allocations, staff (if potentially interested in state water rights, loan loan); State Engineer requirements, air quality permit requirements, stormwater management plan requirements, biosolids Federal U.S. Army Corp of Engineers, Federal Wetlands, floodplains, Agencies Fish and Wildlife Service, biosolids application, Environmental Protection Agency and endangered species, national potentially others environmental protection act (N EPA) Wastewater treatment work planning Utility plans will The utility plan or set of plans can be applied to one or provide information more existing or proposed wastewater treatment works. In for watershed some cases, joint utility plans between wastewater planning efforts. providers may be appropriate, because of management requirements or to meet water quality goals. A wastewater utility plan document or set of documents provides basic planning information for wastewater treatment works to: 9 ❑ Meet requirements of the site approval regulations as adopted by the Colorado Water Quality Control Commission (Regulation 22 contained in Appendix A). ❑ Provide sufficient information to amend the regional 208 Plan related to water quality assessments, watershed management and wastewater management strategies. ❑ Provide wastewater treatment works or plant information, discharge data or other relevant documentation that are required in the preparation of total maximum daily loads, wasteload allocations and/or other watershed planning efforts. ❑ Provide wastewater treatment works or plant information to assist in preparing discharge permits or applying for loans. ❑ Assure that boundaries between adjacent 20-year and Ultimate Boundaries between adjacent wastewater planning areas, when identified by a wastewater provider, do utility service areas not overlap, unless these overlap areas are incorporated into cannot overlap. established memorandums of understanding. ❑ Assure that the management and operating responsibilities, as outlined in the 208 Plan, can be met by both major and minor wastewater service providers. Wastewater utility plan documents A wastewater utility plan may consist of one report A wastewater utility (document) or a number of separate utility reports plan can be a set of prepared by the same agency or a combination of linked documents, agencies. Multiple documents can provide separate provided all linked documents are filed in geographical detail and/or facility detail, or they separately the reference library meet the goals of the wastewater utility plan. Multiple as the final utility plan. documents must be submitted to NFRWQPA as a set, including all appropriate maps, when the utility plan is first submitted for acceptance. Thereafter, only those documents that are updated, amended or otherwise changed need be submitted for acceptance. The utility plan report or set of documents and all subsequent support documentation will be filed and maintained by NFRWQPA as the final utility plan for a specified treatment plant. Final utility plans, accepted by NFRWQPA, should be updated every five to 10 years or amended from time-to-time. Additional update or amendment documents can be appended to the original utility plan, after acceptance, without re-issuing the final utility plan. A database will be maintained by NFRWQPA on final utility plans and any supplemental documents. 10 Documentation sign-off Utility plans and any subsequent amendments will have an associated sign-off form. The site approval process identifies a list of agencies who are given an opportunity to make a recommendation on an application for construction of new, modified or expanded domestic wastewater treatment plants (Table 2). Those agencies identified in the site approval process should sign-off on all utility plans reviewed and accepted by NFRWQPA. These signature agencies will also have the opportunity to attach and file any comments with their signature. This sign-off form is titled Local Agency Utility Plan Acceptance or Conditional Acceptance Form. Original sign-off forms will be kept on file at NFRWQPA and the Water Quality Control Division as part of a site approval process or for other document processing. NFRWQPA will sign-off on utility plans using a separate form titled Areawide Water Quality Management Agency Acceptance or Conditional Acceptance Form. Original sign-off forms will be kept on file at NFRWQPA and the Water Quality Control Division as part of a site approval process or for other document processing. Wastewater providers with accepted utility plans will only require the signature of the planning agency to process a site approval (Table 2). Wastewater providers who do not complete a utility plan will be required to go through a more lengthy process of obtaining independent signatures from all sign-off agencies for each site approval (Table 2). 11 Table 2 Review and comment agencies identified in site approval process Agency No utility plan Accepted utility plan Management Agency X County (if in unincorporated area) X City or Town X Local Health Authority X Water Quality Planning Agency X X' Adjacent State or Federal Agency X X1 — Only signature required with accepted utility plan and agreement in place between NFRWQPA and the Water Quality Control Division. 12 II. IMPORTANT DEFINITIONS Ultimate Planning Areas — It is the intent of NFRWQPA that wastewater service areas identified in the Areawide Water Quality Management Plan (208 Plan) be based on the urban growth boundary and any additional potential service area identified by approved local comprehensive plans, comprehensive long-range utility plans or the area a wastewater provider intends to serve at ultimate development. Ultimate Planning Areas are either equal in total land area to wastewater utility service areas (WUSA) or larger. Consequently, no Ultimate Planning Area can be smaller than a WUSA. The portion of the Ultimate Planning Area beyond the urban growth boundary is not expected to require urban services until after 20 years from the time a utility plan is completed. However, this portion of the Ultimate Planning Area can be converted into WUSA as needed. Design Capacity -The rated capacity (capability of a treatment plant to meet effluent limitations). This rated capacity shall be given in million gallons per day (MGD) and organic loading in pounds BOD5 per day. This rated capacity is identified in the discharge permittee's permit; or for proposed facilities, it will be specified when the permit has been issued. Utility Plan — Complete set of documents or single document that meets the minimum utility plan requirements and is accepted or conditionally accepted by NFRWQPA. Major Wastewater Provider - Major wastewater providers serve over 200 residential equivalents and the permitted wastewater treatment facility has a design capacity greater than 50,000 gallons per day. The treatment plant does not qualify as a minor treatment facility. Management Agency -Any public agency designated for wastewater management responsibilities in an area-wide Water Quality Management Plan prepared under Section 208 of the Federal Act and certified by the Governor. Such designation shall be considered final only upon the agency's acceptance of its responsibilities as outlined in the appropriate 208 Plan. Minor Wastewater Provider- Minor wastewater providers generally serve less than 200 residential equivalents. The permitted wastewater treatment plant has a design capacity not exceeding 50,000 gallons per day and the facility does not plan to increase its capacity beyond 50,000 gallons per day within the 20 year planning horizon. NEPA Requirements —The National Environmental Policy Act establishes requirements for Environmental Assessments and Environmental Impact Statements. 13 Non-discharging Wastewater Treatment Works— Some wastewater treatment works that do not discharge to surface or groundwater can be designated by the Water Quality Control Division as non-discharging and do not require a permit to operate. Planning Agency —The NFRWQPA is the designated planning agency Larimer and Weld Counties. Urban Growth Boundary— Defined through an MOU between a county and a municipality as the land area planned to urbanize within a specific timeframe. This land area is planned by local governments to need urban services and utilities before the year 2020 or other time horizon established by the MOU. Urban — Land developed in residential, employment, service and other uses in proximity to each other so as to afford convenience, access and community. Residential densities in excess of one dwelling unit per acre and served by either central water or sewer services, or both, are considered urban in nature. The exception occurs where dwellings are clustered to preserve open space in conjunction with an open space plan, or in accordance with an approved wastewater utility plan. Urban area—The land area that has been developed at densities and in character with the definition of urban and which requires central water and sewer as well as other infrastructure and service needs. Wastewater Utility Service Area (WUSA) -A WUSA is defined as the portion of the Ultimate Planning Area defined by the Urban Growth Boundary. A WUSA requires urban services through the 20 year planning horizon. WUSAs can be modified through the flexibility provisions in this policy. Comprehensive Plan -A Comprehensive Plan is a document that guides the physical land use development of an area. It is comprehensive in that it considers and coordinates the many inter-related aspects of development such as land use, transportation, utilities and public facilities, parks and open spaces. 14 III. WASTEWATER SERVICE AREA CONCEPTS Major service areas If a wastewater provider serves over 200 residential Major wastewater equivalents and the permitted wastewater treatment facility utility service areas has a design capacity greater than 50,000 gallons per day, exceed 200 residential the associated WUSA will be classified as major. Utility equivalents with a plans for major wastewater providers serving major WUSAs plant design capacity are expected to provide all minimum information as >50,000 gallons/day. recommended by this guidance document. The 208 Plan will continue to establish the boundaries between WUSAs to assure that there are no overlaps of service areas or Ultimate planning areas. Utility plans that contain overlapping service areas, whether they are WUSAs or UPAs, can not be accepted by The shape or contiguity of NFRWQPA. Overlap issues must be resolved through a major wastewater utility local planning processes and should not be identified in service area is defined utility plans being submitted to NFRWQPA for through local planning acceptance. processes. Minor service areas Minor wastewater providers If a wastewater provider serves fewer than 200 generally serve fewer than 200 residential equivalents and the permitted residential equivalents with a wastewater treatment facility has a maximum maximum treatment plant design capacity of 50,000 gallons per day, then capacity of 50,000 gallons/day. the associated WUSA will be classified as minor. If the minor wastewater provider plans to increase its plant capacity beyond 50,000 gallons per day within the 20 Year planning horizon, then a new and more detailed utility plan should be prepared before this expansion can occur. The shape or contiguity of minor WUSAs not defined by the extent of urban development can be identified through the utility planning process. These systems may be isolated wastewater treatment facilities that are not contiguous with the extent of urban development. The accepted minor WUSA may or may not match the property owned by a minor wastewater provider. Utility plans for minor wastewater providers that serve minor WUSAs may not have to meet all guidance requirements. The minimum information requirements for minor utility plans will remain flexible in this guidance document. Minimum requirements will be determined by NFRWQPA on a case-by-case basis. Wastewater service providers serving minor WUSAs should have active wastewater treatment facility discharge permits. Wastewater service providers with inactive 15 wastewater facilities or permits will not be shown in the 208 Plan, and they will not be required to complete utility plans. Service areas for inactive or non-discharging wastewater treatment works will be dealt with on a case-by-case basis and can be processed without a utility plan. However, any minor facility being re-issued a discharge permit by the Water Quality Control Division will be treated as a new facility and will be requested to complete a utility plan before being incorporated into the 208 Plan. For minor facilities or minor WUSAs, the facility capacity and service area is established based Service areas for some minor only on the area intended to be served and on wastewater service areas may not be contained within the current facility sizing as approved in a site the urban growth boundary. application or discharge permit. The minor WUSA and facility design capacities are assumed to remain less than 50,001 gallons per day capacity. If a management agency or operating agency expands its Minor treatment wastewater treatment facility above the maximum 50,000 facilities that gallons per day capacity, the treatment plant will be treated as expand capacity a major facility. The minor WUSA and the UPA for the minor beyond 50,000 gallons/day will be treatment facility will be assumed equal in area unless classified as major amended. treatment facilities. Ultimate Planning Areas Long-range wastewater service areas identified in the 208 Plan are called Ultimate Planning Areas (UPA). No UPA can be smaller than a WUSA. The portion of the UPA beyond the urban growth boundary is based on approved local comprehensive plans, comprehensive long-range utility plans or the area a wastewater provider intends to serve Ultimate Planning Areas are at ultimate development. In some cases, the either equal to wastewater utility UPA may represent the total amount of urban service areas(WUSA) or larger. area needed for a projected longer-term population or the ultimate build-out of a utility service area. Since WUSAs and UPAs recognize different geographies, the Ultimate Planning growth density assumptions may also be different for the two areas may represent areas. Wastewater providers are expected to provide their the ultimate build-out own density assumptions and flow projections consistent with of service area. local comprehensive plans for UPA's. 16 A planning area designation amendment must precede an An amendment to a WUSA that extends beyond an expansion of a utility service established or recommended UPA will not be area, if the proposed utility recognized in the 208 Plan until the appropriate service area extends beyond wastewater utility plan is amended and has been the accepted planning area reviewed by the management agency. As required, boundary. the NFRWQPA may appoint a subcommittee to review utility plans. UPA planning area recommendations must be presented to a review subcommittee for review and recommendation as part of the utility planning process. UPA designations will be mapped and maintained in the technical appendices to the 208 Plan. Local resolution of overlap issues is required before there is regional recognition. A watershed association and NFRWQPA staff may provide appropriate technical assistance to help resolve planning area overlap issues through a utility technical support process. Technical support by NFRWQPA staff will only be provided on a request basis. If conflict resolution can not be achieved on a timely basis, then one or both entities having a conflict can take the issue directly to the Association for recommendation. Wastewater utility service to non-urban areas Wastewater utility service Wastewater service to non-urban areas, which can areas (WUSA) can have include such uses as designated open space, land areas designated as permanent non-urban wastewater served non-urban wastewater developments, agricultural or special use, which may planning areas. not be economically served by centralized service in the near-term, will require other management solutions. Interim non-urban areas Non-urban wastewater planning areas may be designated by that do not require the land use planning agency as permanent non-urbanized centralized services may areas that are to be permanently served by individual be served by on-site sewage disposal systems or on-site systems with a design systems in the interim capacity of 2,000 gallons/day or less. Wastewater planning period. areas may also be designated by the land use planning agency as permanent non-service areas (open space, agricultural areas and low density non-urban with no more than one residence or structure per 35 acres). Interim non-urban areas can also be designated as being expected to eventually urbanize (after 2020) and require centralized services. Wastewater utility plans should address how these interim non-urban areas within the UPA planning area will be served. An estimate should be included in the report on when urban service requirements will be available or required. Management agencies are required to identify a method to evaluate water quality effects related to on-site ireatmentand disposal systems located within designated UPA Planning Areas or wastewater utility service areas. 17 The nonpoint source management agency, watershed association or other responsible management agency that has assumed responsibility for non-urban wastewater planning should be identified. Unless otherwise specified, the county should be considered as the nonpoint source management agency. This management entity should be requested to provide an appropriate method or methods to evaluate water quality effects related to large lot developments served by individual sewage disposal systems within non-urban wastewater service areas. The wastewater utility plan will need to map large lot developments located in service areas. IV. RELATIONSHIP TO SITE APPROVAL PROCESS The Colorado Department of Public Health and Environment regulation number 22 (Regulations for the Site Approval Process), as approved and amended from time to time, is used as a reference. Utility plans should meet the requirements of regulation 22. The definitions used in the site application regulation should be used to define terms used in any utility plan. Utility plans that have been accepted or conditionally accepted by NFRWQPA will be used in the site approval process by NFRWQPA As part of the state Water Quality Act, site approvals Site approvals are needed are needed for construction or expansion of wastewater for construction or treatment works, lift stations, and major interceptor expansion of wastewater lines. Final action on site applications works, lift is a function of stations, and major the Water Quality Control Division after a review by interceptor lines. appropriate local entities. The state act lists three items for the division to evaluate: 1. the long-range comprehensive plan for the area as it affects water quality and any approved regional water quality management plan for the area; 2. management of the facility on the proposed site to minimize the potential adverse impact on water quality; and 3. consolidation of wastewater treatment facilities whenever feasible (Water Quality Control Division guidance, Appendix A). The Colorado Water Quality Control Commission refined these criteria to ensure that: Operating agencies must certify that the treatment works willnot be overloaded by the addition of o existing treatment works are not overloaded wastewater flow from new lift stations when connecting new lift stations or nr in rrsntnrs interceptors; 18 ❑ proposed treatment works are planned and constructed in a timely manner as needed; ❑ proposed treatment works are developed considering the local long-range comprehensive plan for the area as it affects water quality and any approved regional water quality management plan for the area; ❑ proposed treatment works or interceptor protect water supplies; ❑ proposed treatment works or interceptor have been properly reviewed by all necessary local, state, and federal government agencies and planning agencies; ❑ proposed location will have no foreseeable adverse effects on the public health, welfare, and safety; ❑ applicants will provide for adequate operational management, including legal authority and financial capabilities; ❑ proposed treatment works be located so that they are not unnecessarily endangered by natural hazards; and ❑ objectives of other water quality regulations will not be adversely affected. The site approval regulation allows: In the interest of facilitating a more effective and timely review of proposed new and expanded domestic wastewater treatment works, each planning agency may establish and implement a coordinated review and comment process to carry out the provisions of this regulation in coordination with its water quality planning responsibilities. Where a planning agency wishes to establish such a coordinated process, the Division may enter into an agreement with the planning agency specifying the procedures for this coordinated process. The intent is to establish a single process 1) to meet these site approval requirements and 2) to meet the requirements for amendments to the water quality management plan. The process should be designed so that a new or expanded domestic wastewater treatment works which is approved as part of the water quality management plan may be concurrently deemed to also meet the requirements of these site approval regulations at the time of its inclusion in the plan. Under such a coordinated process, the Division retains final authority for approval or denial of each project which is regulated under these site approval regulations. 19 NFRWQPA intends to develop a memorandum of understanding with the Water Quality Control Division to coordinate the site approval process within the NFRWQPA planning region. NFRWQPA intends to enter into an agreement with the Water Quality Control Division that specifies procedures for this type of coordinated process. The wastewater utility plans are designed to meet the requirements of a 208 Plan amendment, the site application process, and to provide the planning information needed by the division in the permitting process and in the revolving loan program. UPAs will be used in the review of site approvals where it is necessary to size facilities such as interceptors based on a planning horizon that extends beyond 20 years to provide cost-effective service. In general, treatment facilities and lift stations should be staged to provide for 10-year capacity increments, but may be staged for shorter (e.g. interim lift stations) or longer periods with appropriate economic justification. Consequently, interceptors and lift stations can be located within designated UPA. However, wastewater infrastructure designed to only serve UPAs will not be used in the site approval process or to meet other appropriate regulatory requirements. Wastewater infrastructure designed to serve areas within the WUSA can be physically sited within UPAs, which are outside of the urban growth boundary. Since interceptors are often sized to last beyond 20 years, they may have excess capacity more appropriate to ultimate build-out of a designated area. Interceptors may be staged for ultimate build- out with appropriate economic or right-of-way justification. 20 V. UTILITY PLANS FOR WASTEWATER WORKS OR FACILITIES General requirements Utility plans document the wastewater management strategy for a wastewater treatment facility (greater than 2000 gallons per day capacity) and the associated planning area. All utility plans will contain a defined set of minimum information (location, sizing, staging, service area, process system, effluent quality and financial arrangements) and respond to appropriate state or federal requirements. Utility plans for minor facilities or minor WUSA may be approved even though they do not meet all of Utility plans define the recommended planning elements provided location, sizing, staging, sufficient planning is completed to show that service area, process potential long-term adverse water quality effects system,nci areffrangements quality, financial arrangements from any proposed new facility or facility expansion and appropriate state or will be minimized. Utility plans will provide planning federal requirements. documentation for both the designated utility service area and planning area, with the utility service area having the maximum level of information. The primary goals in establishing wastewater utility plans are to provide reasonable, feasible and economical wastewater service to an area designated for development within the NFRWQPA. Utility plans should consider the water quality impact the treatment system will have on receiving waters. The utility plan should include any strategy for meeting all applicable water quality standards and classifications while estimating the potential impact a discharger may have on other dischargers. Information in a utility plan is used in the 208 Plan process to document the best method of providing wastewater service while meeting water quality goals through the 20-year planning horizon. Wastewater utility plans can also function to define service beyond the 20-year planning horizon. Wastewater utility plans are not applied to water supply, nonpoint source or stormwater service areas. The NFRWQPA will maintain a reference set of accepted utility plans developed by management agencies or operating agencies for all wastewater treatment facilities with an active discharge permit. The siting and expansion of direct industrial discharges will be identified in the 208 Plan under special provisions. Direct industrial dischargers who also process domestic wastewater will be encouraged to develop wastewater utility plans. Any wasteload allocation or total maximum daily load analysis included in a utility plan will be based on population and employment forecasts and wastewater flow estimates developed through acceptable alternate projections. 21 The following five policies will be considered for adoption by the NFRWQPA as soon as it is practicable. These statements should be used as guides until the individual policies are approved. Consolidation of facilities policy The wastewater utility plan should identify opportunities for wastewater treatment system consolidation. Often, larger wastewater treatment facilities can provide service more effectively while providing a higher degree of treatment than can be achieved through smaller treatment facilities. While large facilities do not always provide better water quality treatment, consolidation of facilities can eliminate smaller treatment facilities, which may not be financially capable of operating properly and may be exceeding their discharge permits. The decision for facility consolidation is determined in the utility planning process and is based on economics, cost effectiveness, operations, water quality impacts, physical constraints and water rights. Wastewater reuse policy The utility plan should explore any opportunities for wastewater reuse for non-potable uses, future potable use, or as a method for additional pollutant removal, as appropriate. The utility plan should identify those situations where reuse can be used to fulfill water rights and augmentation plans. The utility plans should identify any reuse considerations as part of the alternative analysis. If reuse is not an option, this should be clearly stated in the utility plan documents. Reuse is an efficient means of preserving water resources in areas where those resources need to be protected. Reuse of wastewater for water rights or augmentation purposes should be carefully reviewed in relation to downstream water supplies as related to potential health hazards and environmental risks. The quantity and quality of wastewater for reuse should be determined during the planning process. Biosolids policy Although there are other legal means of disposing of biosolids (such as incineration and land filling) neither method benefits Colorado as does recycling. Burning biosolids consumes huge amounts of energy and pollutes the air, while burying them takes up valuable space in local landfills. Recycling biosolids is clearly the preferred method for disposal. NFRWQPA recognizes and supports the economic and environmental benefits of recycling biosolids, and appropriate policy documents will recognize the value of biosolids recycling. The biosolids positions are as follows: 22 1. Public health and environmental quality are protected under federal and state biosolids regulations. The NFRWQPA encourages member governments not to adopt local public health regulations for biosolids that are more stringent or restrictive than federal or state regulations. 2. The NFRWQPA encourages the practical and beneficial land application of biosolids in the region. Member governments with land use authority should regulate biosolids disposal through the zoning and platting process. Local regulations should focus on transportation, aesthetics and land use issues. 3. The NFRWQPA does not support any biosolids disposal practice that does not attempt to beneficially reuse this valuable resource. The biosolids policy will be used by the NFRWQPA staff in the site approval process as defined in the 208 Plan. The state revolving loan program point system should be modified to give bonus points for wastewater treatment facilities using or planning to use biosolids reuse. The NFRWQPA will work with the Water Quality Control Division of the Colorado Department of Public Health and Environment to change the state revolving loan program regulation. A utility plan identifying a biosolids disposal practice that does not include beneficial reuse will not be acceptable to NFRWQPA. Wetland policy If the utility plans will have any effect on wetlands, then the NFRWQPA wetland policy should be considered in the planning process. Wetlands can have ecological and societal values, which make them an important regional resource. NFRWQPA supports the concept of wetlands protection and all NFRWQPA plans will recognize the value of wetlands-as part of the planning process. In recognition of this regional concept, NFRWQPA adopted the following position. The adopted regional The NFRWQPA wetland policy is: no net loss of wetland wetland policy states functions should occur within the region, and cost-effective ...no net loss of wetland use of wetlands in urban design should be encouraged. functions within the Development within a designated or delineated wetland NFRWQPA region. should occur only when no other alternative exists. Wetland mitigation should consist of replacement wetlands of a similar type and quality, as determined by appropriate scientific analysis, which results in an equal (at the minimum) replacement of lost wetland functions. Wetland replacement within the same hydrologic watershed as defined in the 208 Plan is the preferred compensatory mitigation measure. 23 Environmental components Environmental (NEPA) information If a wastewater provider intends to apply for a state revolving loan, the requirements of the National Environmental Protection Act (NEPA) apply to the planning and review process (40 CFR, Parts 1500-1517). Integrating the NEPA process early in the planning stages insures that decisions reflect environmental values, avoid potential delays later in the process and reduce conflicts. The NEPA process can result in the preparation of an Environmental Assessment or an Environmental Impact Statement. The utility plan should reference any NEPA processes that are or may be required to implement the wastewater management strategy. Utility plan components Service area designations The utility plan can recognize two types of wastewater service areas: wastewater utility service areas (WUSAs) and ultimate planning areas(UPAs). WUSAs are defined as those areas within the region that require urban services through the 2020 planning horizon or any subsequent modification to the urban growth boundary or planning horizon. Ultimate planning areas are based on existing local comprehensive plans, comprehensive long-range utility plans or the area a wastewater provider intends to provide with service at ultimate development. UPAs are either equal to wastewater utility service areas or larger. Consequently, no UPA can be smaller than a WUSA. Population datasets and forecasts The foundation of water quality planning is the forecast of expected wastewater treatment needs, which is tied to future population levels. Forecasts define wastewater flow rates and the capacity needed to treat the projected volume of wastewater. Forecasts for utility service areas and planning areas are included in the 208 Plan. The areas for the population datasets are WUSAs. Associated wastewater flow projections will be generated from the datasets and they will be directly related to WUSAs, but not necessarily to UPAs. The 208 Plan may use equivalency processes to convert population data sets to WUSAs for selected planning years (five year intervals) through the 20 year planning period for use with longer-term potential development within UPAs. Wastewater utility plans can show alternative projections and flows for WUSAs. A number of factors can cause differences in projections. The utility plan will need to list the appropriate factors and discuss how these factors alter projections. 24 Wastewater utility plans will need to provide their own projections and flows for UPAs or WUSAs beyond the year 20 year period. Forecasts for WUSAs will be used in the site approval process and to meet other appropriate regulatory requirements. As necessary for cost-effective utility service, UPA forecasts may be used to size a wastewater facility (e.g., the size of an interceptor, land area needed for a treatment facility or lift station site). These forecasts will be so referenced in the site approval or other appropriate regulatory processes. Wastewater flow characterizations Population projections through the 20 year planning horizon in the 208 Plan will be linked to each WUSA and to each area designated for interim or permanent non-urban wastewater service. The 208 Plan will predict wastewater flows in five-year increments through 20 years for major and minor WUSAs and for non-urban service areas defined by management agencies at the watershed level. Wastewater flow projections maintained in the 208 Plan will be adjusted for future years using available discharge monitoring reports (DMRs), when available. Infiltration and Inflow analysis An infiltration and inflow(I&I) analysis may be required by the Water Quality Control Division for some treatment works. The utility plan should contain any I&l study results, if appropriate for the facility. Peaking factor Generally, the average total flow will be based on the 30-day monthly average. Under site specific conditions, an annual average flow or other specified flow certified by the Water Quality Control Division can be used to determine peaking factor. Additionally, the utility plan may use a different peaking formula or factor, provided additional site specific justification is included in the utility plan. Local data documenting peaking factors can serve as justification for alternate peaking factors. The maximum peaking factor of 5.0 is generally applied to small treatment systems or special use sites (e.g., church camps, restaurants, day camps). No minimum peaking factor is recommended in this guidance, however a factor of 1.0 or less would not be acceptable. Otherwise, the above peaking formula should be used for planning purposes in utility plans. Peaking Factor = 3.65 J (Average Total Flow MGD)°167 (The maximum peaking factor value used in any assessment is 5.0) 25 Wastewater flow planning factors Table 3 provides some planning factors used to estimate wastewater flows. These numbers are provided for guidance and other factors can be used, provided they are identified within the utility plan. The 208 P/an recommends using a residential wastewater flow factor of 85 gallons/person/day, which includes a 10 gallon/person/day inflow and infiltration component. The 208 Plan also recognizes a wastewater flow generated by employment with the regional average at 50 gallons/employee/day. Generally, this 85/50 wastewater flow factor calculation provides a good projection and the numbers have been verified using the daily and monthly reports submitted to the Water Quality Control Division. Lacking employment data, a factor of 100 gallons/person/day as a residential equivalent can provide, generally, comparable projections. Table 3 Factors used in the 208 Plan to estimate wastewater flow Types of Use Average Wastewater Flow General Population Single or Multi-family Equivalence- Regional 85 gallons/day/person General Employment General Employment - Regional 50 gallons/day/person Household Equivalent (Residential development without employment) Households J 250 gallons/household/day Site Specific Planning Averages(gallons/day/person) Stores, Offices, Small Business- Employees 25 Stores, Offices, Small Business- Guests 8 Hotels/Motels- Employees 50 Hotels/Motels - Guests (24-hrs) 20 Cabins - Guests (24-hrs) 50 Dining Facilities (Per Meal) 10 Schools (no showers) - day use (8-hrs) 12 Schools (showers) - day use (8-hrs) 25 Tourist/Trailer Camps- Employees 50 Tourist/Trailer Camps- Guests (24-hrs) 85 Recreational Facilities- Employees 50 Recreational Facilities- Guests 20 26 Character of influent The character or strength of wastewater influent can affect facility design and operation. The utility plan should identify any unusual characteristics of the wastewater or special connectors that could alter the influent quality. If default values for biological oxygen demand (BOD) and total suspended solids (TSS) are used in the design process, then these values should be listed in the utility plan. Industrial pretreatment Some industries discharging The term pretreatment refers to the pollutants must pretreat their requirement that industries discharging wastewater before discharging pollutants treat their wastewater before into municipal sewers. discharge to municipal sewer systems. The three objectives of the National Pretreatment Program are: 1. protect municipal wastewater treatment systems from interference caused by industrial wastes; 2. protect the nation's waters from industrial pollutants which pass untreated through wastewater treatment systems; and 3. provide for the beneficial use of wastewater biosolid as soil conditioners and fertilizers, by preventing excessive contamination by industrial pollution. The U.S. EPA administers the National Pretreatment Program under the General Pretreatment Regulations, first adopted in 1978. These regulations, amended in 1981 and again in 1988, establish specific requirements that both wastewater treatment facilities and industries must comply with to reduce industrial pollutant discharges. The General Pretreatment Regulations require that any wastewater treatment facility designed to treat over five million gallons a day of wastewater, or receives significant discharges from industrial sources, must develop a local pretreatment program conforming to EPA regulations. Management and operating agencies must meet specific requirements under the General Pretreatment Regulations. Utilities should indicate whether they have a EPA approved pretreatment program. 27 Treatment works characterization Location and siting of treatment plant Utility plans must locate existing and/or planned wastewater treatment works to serve areas defined within WUSAs or located in ultimate The utility plan must include planning areas. The treatment plant footprint (shape location of treatment works and total acreage) must be described or mapped. (site foot-print) and related The footprint needs to be able to accommodate all infrastructure. p appropriate infrastructure identified for a 20-year planning period. Utility plans must locate existing and planned lift stations to serve areas defined within WUSAs or located in ultimate planning areas. Existing facilities and facilities to be built within two years should be shown at a specific location. New facilities planned beyond a two-year time horizon may be shown/mapped at a specific location or may be shown in a general area envelope, as long as water quality issues are essentially the same within that envelope. Existing process system The utility plan will include a summary of the major system processes and types of treatment for an existing treatment works including: ❑ level of treatment (i.e., secondary, advanced for phosphorus removal, etc.); Summarize all major system processes ❑ analysis of existing system performance, including design capacity of major deficiencies and positive attributes; treatment processes. ❑ sizes of system components; and ❑ biosolids processing system and method of beneficial reuse or disposal. Include current and Schematic of treatment works projected future capacities for The utility plan should contain a schematic drawing of treatment plant, lift the treatment works in sufficient detail to characterize stations,and the flow processes, capacities and operations. interceptors. 28 Infrastructure sizing and staging Include current capacities and projected future capacities for all treatment plants, lift stations, and interceptors (including a construction schedule based on time or capacity milestones) that are needed to serve the wastewater utility service area. In addition, include those facilities needed to serve the ultimate planning area, if appropriate. The maximum level of For facilities that need to be constructed within five detail is required for years, the location, staging and capacity must be capital improvements estimated with detailed flow projections. The anticipated within a five- implementation of the five-year capital improvement year period, program should be outlined with critical dates listed. The level of detail and accuracy for projected infrastructure capacities decreases beyond the five- year period. The level of detail in the utility plan should be based on the following considerations: ❑ six to 15 years, planning for major infrastructure and projects with projections and capacities based on best professional judgement; ❑ 16-25 years, include only anticipated major expansions without projections; and ❑ >25 years, concepts only as related to local comprehensive plans or predicted ultimate development. Sizing and staging of the wastewater treatment facility are tied to projections of population and flow. This size, or hydraulic capacity, is based upon two factors: the rate of flow(annual average daily) produced by the sewered customers and the staging of construction or expansion. 20-year planning It is recommended that wastewater treatment plants be capacity with a 20% designed for a 20-year period and to have a projected 20- design flow margin of year design capacity that is 20 percent greater than the safety identified for projected flow at the end of the 20-year period. This 20 planning purposes. percent capacity can be identified for 30-day maximum month or annual average. Local population projections used to generate wastewater flow projections should be documented and differences between regional projections and local projections explained. Odor control considerations Odor control should be considered an important component of the system design and alternative selection process. The utility plan should include any odor control studies, strategies or abatement programs. Some wastewater treatment facilities are required to meet odor control regulations. 29 Air quality permitting requirements Some wastewater treatment plants are identified as stationary sources. Consequently, wastewater treatment plants with a design capacity of 10 million gallons per day or greater may require an air quality permit. The Water Quality Control Division should be contacted for air quality permitting requirements. The utility plan should identify any air quality permitting requirements. Stormwater management plan Some wastewater treatment plants may be required to prepare a stormwater management plan as part of the stormwater permitting requirements. The Water Quality Control Division should be contacted for stormwater permitting requirements. The utility plan should include the approved stormwater management plan, if applicable. Site characterization requirements The site approval process for new wastewater treatment works and new lift stations requires evidence of the suitability of the site. The site must be characterized in relation to floodplains and other natural hazards. Specifically, the utility plan must identify flood hazard issues and geological suitability issues related to the proposed site (or site envelope) and the measures to be taken to mitigate any identified problems or risks. For all new sites, a soil testing report should be attached to the utility plan. Collection system • Interceptor The utility plan must list lines in the systems that qualify as interceptors. The definition of an interceptor in the Regulations for the Site Application Process (WQCC regulation #22) is: ❑. . . a sewer line will be considered as an interceptor sewer if it has an internal pipe diameter equal to or greater than 24 inches and it meets one or more of the following criteria: (a) it intercepts domestic wastewater from a final point in a collection system and conveys such waste directly to a treatment plant, the interceptor sewer may also collect wastes from a limited number(fewer than 5 connections per mile of sewer) of building services and sewer laterals along its route to the wastewater treatment plant; (b) it serves in place of a treatment plant and transports the collected domestic wastes to an adjoining collection system or interceptor sewer for treatment; (c) it transports the domestic wastes from one or more municipal collection 30 systems to another municipality or to a regional treatment plant; (d) it intercepts an existing major discharge of raw or inadequately treated wastewater for transport to another interceptor or to a treatment plant Regulation No. 22 provides special procedures for review of interceptors. Ninety days prior to the The utility plan will construction of an interceptor line, the responsible entity contain maps of all will notify NFRWQPA and the WQCD. This notification including interceptors, including location of will include a certification that the treatment facility has existing and planned the capacity to treat the projected flow from the interceptors to serve interceptor. NFRWQPA is required to certify within 30 WUSAs or ultimate days that the interceptor line has the capacity to carry the planning area. projected flow. If these certifications cannot be provided, the entity must apply for a site application. 4. The 208 Plan does not provide flow projections for interceptors. Projections for major lines are developed by the NFRWQPA and the applicant on a case-by-case basis for use in this certification process. Maior lift stations While the utility plan needs to site all major The minimal recommended mapping of major lift lift stations on required stations should include those systems that have an planning maps, average pumping capacity which is 1/5 or greater of providers wastewater service providers are. . the existing treatment works capacity (for example, a encouraged to site all 100,000 gallon per day treatment facility will list all lift lift stations. stations at or greater than 20,000 gallons per day) or any lift station over 0.5 million gallons per day. Wastewater providers are encouraged to look at all lift stations as part of the planning process. Water quality characterization Water quality limited receiving water is the receiving For all treatment facilities, the utility plan should identify whether water quality the receiving waterbody (or any downstream waterbody affected limited? by the discharge) is currently water quality limited. This applies to all constituents discharged or to be discharged by the facility. Additionally, if there is a potential for water quality limited segment within a 10 year period, based on the current 305(b) report, modeling, or other water quality data, this should be included in the utility plan. If the discharge quality is/will be controlled by a water quality limited waterbody, then an identification of the constituent(s) of concern and source identification of water quality limited designation (e.g., 303(d) list, 305(b) report or watershed association 31 planning and implementation effort) needs to be included in the utility plan. The utility plan must identify any wasteload allocation (concentration, poundage and/or other alternatives) by constituent(s) as they apply to the treatment plant. Therefore, the utility plan should contain: ❑ For treatment plants that will not be built or expanded for 10 or more years, a general discussion of the constituents to be controlled and the availability of allocations for the waterbody are sufficient. Exact concentration or poundage estimates are not necessary unless there is a conflict with an existing total maximum daily load (TMDL) or wasteload allocation (WLA). ❑ For wastewater treatment plants to be built or expanded within the next 10 years, a recommended treatment technology and treatment plant configuration to meet the projected discharge permit limitations and a listing of alternative technologies for consideration. The utility plan must provide documentation that achieving the projected effluent limitations is technically and economically feasible. Level of treatment for new and expanding facilities The utility plan shall list the effluent discharge quality necessary to meet receiving water quality classifications and standards, including: If available, provide ❑ a list of projected discharge permit limitations based on the recommended state effluent standards (copy of letter from Water effluent discharge Quality Control Division), receiving water classifications quality. and established water quality standards; ❑ discharge quality necessary to meet any total maximum daily loads or wasteload allocations as listed or recognized in the 208 Plan for time horizon identified in the plan; and ❑ other effluent limits recommended in the 208 Plan and/or necessary to meet state requirements. TMDLs and wasteload allocations Utility plans should document any approved or proposed total maximum daily load studies or wasteload allocations. The receiving waters need to be checked against the Water Quality Control Division's 303(d) List and the 305(b) Report. Wasteload allocation requirements can affect effluent limits and treatment options. Watershed issues Utility plans should document any watershed programs and implementation strategies. Since the watershed protection approach is advocated in the 208 Plan, the utility plan 32 will need to address how a wastewater management plan fits into the watershed program. Minimum mapping requirements Mapping requirements may differ between minor and major wastewater utility plans. Both electronic (Autocad) and hard copy maps will be acceptable for NFRWQPA review. They must be of a large enough scale and clear enough to adequately illustrate the necessary features. The minimum features to be included on maps include, but are not limited to, drainage basin and watershed, service area (WUSA and Ultimate planning areas), treatment plant or treatment works, lift stations, interceptors, water features (stream segments, lakes, reservoirs), discharge point, water well fields, sanitary sewer tributary areas (if available) and local comprehensive plan features. Mapped features should be consistent with the site approval regulations. U.S. Geological Survey topographic maps at the 1:24,000 scale may be used for mapping most features, if AutoCad is not available. The wastewater utility service area map must show the WUSAs and, if desired, the Ultimate planning area (or more than one plant operated as a coordinated system, e.g. satellite plants). For WUSA and ultimate planning areas, the utility plan maps should identify areas to be served by gravity sewers and identify those areas served through one or more major lift stations. Adjacent WUSAs and UPAs should be mapped to insure that there are no overlapping areas. Alternatives analysis For proposed or new wastewater treatment works, the utility plan needs to provide alternatives analysis. The alternatives analysis should address the potential for consolidation with other existing treatment works. The utility plan needs to list the criteria used to select a preferred alternative. Additionally, the selection of a preferred alternative should have a public review and comment component. Any consolidation analysis must be consistent with the Water Quality Control Division policy on consolidation in Appendix B. Management and financial plans Management structure and agreements The utility plan must identify the management agency, associated The utility plan watershed association, if applicable, and operating must identify agency(ies),along with applicable management agency management agreements or other memorandums of understanding. Utility agency and plans should include maps of collection and other associated applicable agreements. 33 special districts. Key contact(s) with the management agency will need to be listed in the utility plan. The utility plan should also reference special control regulations or other water quality regulations specific to utility service area or Ultimate planning area. The utility plan may need to list any special rules or regulations applicable to the service area, along with external service contracts and other operational or management agreements. Financial considerations Capital costs should be estimated for all new wastewater treatment plants, treatment plant expansions, new lift stations, lift stations expansions, and interceptors which will be built within the next 5 years. Changes in operating costs and total expenditures necessary to carry out the wastewater system improvements planned within the next 5 years should be estimated with a discussion of the sources of revenue necessary to meet those expenditures for: ❑ new wastewater treatment agencies; Estimate 5-year capital costs and ❑ any wastewater treatment facility that is in repeated summarize sources of revenue. noncompliance with significant permit requirements; and ❑ treatment agencies expecting to increase the volume of wastewater treated by more than 100 percent in the following 10 years. Wastewater treatment agencies need a financial management plan, which addresses, at the minimum, the following items: ❑ rate and charge structures; ❑ financial solvency should project growth not occur; ❑ institutional arrangements to guarantee payment of charges from large connectors (over 10 percent of the projected revenue) and from other governmental connectors; ❑ interest in applying for a state revolving loan to finance any infrastructure or improvements; ❑ significant industrial user(s) under pretreatment regulations, arrangements for meeting pretreatment responsibilities; and ❑ industrial or commercial sewer connections with the potential to overload the treatment plant hydraulically or with organic loading, a description of the methods for controlling rates of flow to the treatment facility. 34 Interest in revolving loan The utility plan should identify any interest by the management agency in applying for a revolving loan with the Colorado Water and Power Authority. Those utility plans showing an interest in a loan will be recommended to the Water Quality Control Division for inclusion on the State's revolving loan eligibility list. Those utility plans showing an interest in a loan should include a user charge study. A financial plan is required if any type of payback system (loan, bonds, etc.) is utilized for existing or new customers. A developer may be required to provide financing information, evidence of ability to finance, or similar information. 35 VI. UTILITY PLAN FORMAT CHECKLIST Suggested outline and checklist Chapter Includes Executive Summary I Introduction Background Facilities Plan Summary Implementation Summary of Utility Plan Structure II General Planning Feasibility of Consolidation of Facilities Reg.22 © 22.8 (1) (b) Wastewater Reuse Environmental Components Environmental (NEPA) Information III Wastewater Service Area Designations Characterization Population Datasets& Forecasts Wastewater Flow Projections Infiltration & Inflow Analysis Character of Influent Industrial Pretreatment Program Treatment Works Process System Infrastructure Sizing And Staging Location & Siting Biosolids Handling Schematic of Treatment Works Odor Control Considerations Air Quality Permit Stormwater Management Plan Site Characterization Report Collection system Major Lift Stations Interceptors Maps Treatment Plant Site Envelope Service Areas Collection system IV Water Quality Water Quality of Receiving Water Characterization TMDLs and/or Wasteload Allocations Watershed Issues Level of Treatment (Existing Permit Limits or Projected) Maps Watershed and Receiving Waters Impaired Waters 36 Chapter Includes Treatment Works V. Alternative Level of Treatment Analysis Public Participation in Selection Process V. Management and Management Structure And Agreements Financial Plans Wastewater Management Plan Financial Management Plan Revolving Loan Interest (Other application documents are required if a facility applies for loan, which do not need to be part of the utility plan) User Charge Summary VI. References Reports And Special Studies VII. Technical Legal Description and Evidence of Site Ownership Support Appendices Agency Contacts (Cover Letters) Special Surveys (e.g., Endangered Species) NEPA process Site Characterization Report Soil Test Results Preliminary Effluent Limits (New Treatment Works) Effluent Limits (Existing Wastewater Treatment Works) Planning and Zoning Information (e.g., Portion of Local Comprehensive Plan) Intergovernmental Agreements User Charge Study Analysis Air Quality Permit Odor Control Studies or Plans Stormwater Management Plan Summary of Public Hearings and Process Infiltration and Inflow Study 37 Distribution and number of copies Copies of all final or interim utility plans, with associated maps, will be provided to NFRWQPA for distribution. The number of copies varies, depending on the utility plan area. Generally, the minimum distribution of copies will follow Table 4. Table 4 Minimum distribution of copies Agency Number of Copies NFRWQPA 2 (1 review and 1 permanent file copy) WQCD 4 NFRWQPA Review Team 3 Other Sign-off Agencies 4 Adjacent Cities, Towns or Counties 2 (varies) Watershed Association (if applicable) 1 Total 16 38 VII. RECOMMENDED UTILITY PLAN ACCEPTANCE POLICY General criteria Accepted and conditionally accepted utility plans will only accepted and be referenced in the 208 Plan and these plans will conditionally accepted utility represent the preferred wastewater management plans will be referenced in strategy for the wastewater utility service area and the the 208 Plan. Ultimate planning area. Accepted and conditionally accepted utility plans will be used in the site approval process, as 208 Plan amendments, and to meet other appropriate regulatory requirements. Utility plans or a set of utility plan documents can be submitted to NFRWQPA at any regular meeting after review by the appropriate management agency. Utility plans submitted to NFRWQPA should address any locally adopted watershed objectives and wastewater management strategies. Formal action by a management agency is required before submittal of a utility plan to NFRWQPA. NFRWQPA will take formal action on presented documents within a maximum three- month period. NFRWQPA can make one of the following three recommendations related to utility plan acceptance: ❑ accept; ❑ conditionally accept with the conditions listed; or ❑ refer back to the utility plan submitting agency and/ or the designated management agency for additional actions, analyses or information. A NFRWQPA utility plan review team will be established from members and alternates. The review team will have a maximum of five participants per utility plan. Participation on the review team will be confirmed by NFRWQPA action. Review team membership can be altered as needed to facilitate reviews. The review team will have a rotating membership with service for two years. In alternate years, two or three new members will be appointed. The review team will check the utility plan or set of utility plans for consistency with adopted policy and minimum requirements. The review team will summarize findings for NFRWQPA at a regularly scheduled meeting. The planning agency will distribute copies of the utility plan or set of utility plans to those jurisdictions who will be required to sign the wastewater utility plan acceptance form that will be kept on file at NFRWQPA. These signature entities will also be requested to comment, if appropriate, at the same NFRWQPA meeting that the review team summarizes their findings. 39 Renewal frequency The preferred review and acceptance frequency for Maximum time wastewater utility plans is five years after the initial between reviews acceptance by NFRWQPA. Although this time frame is 70 years, while corresponds to the permit renewal period, review does not the preferred necessarily need to coincide with permit renewal. The review interval is five-years. recommended maximum time between reviews by NFRWQPA is 10 years. A utility plan that has not been reviewed within 10 years will be flagged as such in the 208 Plan and will not be used in the site approval process. Any significant revision and re-adoption of a local comprehensive plan or other local long-range wastewater management plan will also require a review and re-acceptance of the associated wastewater utility plan. Management agencies shall notify NFRWQPA of any re-adoption or significant update of their local comprehensive plan. Acceptance procedure The following procedure will apply to the NFRWQPA review and acceptance of utility plans. ❑ Utility plan delivered to NFRWQPA ❑ As appropriate NFRWQPA staff distributes review copies to team members and other sign-off agencies. ❑ Meeting scheduled within 60 days of distribution to review interim or final utility plan with review team members, the submitter of the utility plan, and other interested agencies. Other interested agencies will be requested to identify any issues or concerns prior to this review meeting (generally a 30-day response time). ❑ At the review meeting, the review team will mark-off a checklist of minimum requirements, assure that there are no overlapping service areas, review assumptions and provide any appropriate comments. ❑ Based on the review team comments and comments from other interested agencies, NFRWQPA staff will prepare a written response and recommendation for inclusion in the following NFRWQPA meeting agenda. ❑ NFRWQPA and other appropriate agencies acknowledge acceptance, conditional acceptance or refer back the utility plan at the NFRWQPA meeting. Based on the action, the appropriate sign off forms will be filled out following the meeting. 40 VIII. REFERENCES North Front Range Water Quality Planning Association - Areawide Water Quality Management Plan Update - 1989, 1991, 1993, 1996, 1999. Larimer-Weld Regional Council of Governments -Areawide Water Quality Management Plan Update - 1985. 41 IX. APPENDICES Appendix A- Regulations for the Site Approval Process Appendix B -Water Quality Control Division Consolidation Policy 42 Water and Sewer Department 1100 10th Street, 3rd Floor • Greeley, CO 80631 • (970) 350-9812 March 10, 2006 Via electronic mail to charding@co.weld.co.us and hand delivery Board of County Commissioners Weld County P.O. Box 758 915 10ih Street Greeley, Colorado 80632 Re:Draft 1041 Regulations Dear Commissioners: On behalf of the City of Greeley and its Water and Sewer Board, we appreciate the opportunity to provide further comment on Weld County's draft 1041 Regulations. This letter is a follow up to our letter to the County Commissioners dated December 22, 2005 and our subsequent meeting with Bruce Barker on January 19,2006 discussing Greeley's concerns regarding the draft regulations. Greeley understands that Weld County, in its proposal to adopt the draft regulations, is attempting to prevent or mitigate the potential adverse economic, social, and environmental impacts associated with the transfer of water supplies out of the County by distant municipalities and special districts. Although we are in general agreement with the stated purpose and intent of the draft regulations, we are very concerned with the negative effect the regulations could pose to existing local water and wastewater providers. Greeley does not believe that Weld County had such unintended consequences in mind in proposing these regulations. For nearly 100 years, Greeley has been extensively involved in the construction and operation of area water facilities to provide water supplies and wastewater treatment to residents throughout Weld County. Greeley, in cooperation with various area partners, is actively developing additional water storage and diversion facilities to maximize the efficient use of existing water supplies in the County and to meet future demands. To the extent that the draft regulations are applicable to Greeley's activities, they are duplicative of existing regulatory controls and fail to provide the anticipated benefits to the County. By way of example only, location and extent review procedures provide the County Board of County Commissioners March 10, 2006 Page 2 of 3 with a significant regulatory tool to review the potential impacts of proposed public facilities, such as major water transmission lines, within Weld County. See C.R.S. § 30-28-110. In addition, Intergovernmental Agreements have been successfully used by the County to address the local impacts of individual water projects in the County. With exclusive jurisdiction over water matters, the Water Court can implement various mitigation provisions in decrees for large changes of tributary irrigation water rights. C.R.S. § 37-92-305(4.5)(a) requires that terms and conditions applicable to changes of use of water rights from agricultural irrigation purposes to other beneficial uses shall include reasonable provisions designed to accomplish the revegetation and noxious weed management of lands from which irrigation water is removed. Moreover, section 305(4.5)(b)(I) provides the Water Court with discretion to impose transition mitigation and bonded indebtedness payments upon any person who seeks to remove water as part of a significant water development activity. Such payments are to be made to and distributed by the board of county commissioners of the county from which the water is removed. Section 37-92-302(3.5) requires an applicant for a change of irrigation water rights that constitutes a significant water development activity to provide notice to the board of county commissioners from which the water is being removed. Furthermore, the Water Court shall only approve an application for a change of water right, which includes water exchange projects, if such change will not injuriously affect the owners of or persons entitled to use water under a vested water right or a decreed conditional water right. C.R.S. § 37-92-305(3). Thus, the County can directly address the adverse impacts of extraterritorial water transfers and protect the property interests of water rights holders through active involvement in Water Court proceedings. There are potential risks and litigation costs the County could face in adopting the draft regulations in that the legality of 1041 regulation is uncertain. In 2004, the Boulder County District Court invalidated Boulder County's 1041 Regulations as an unconstitutional delegation of legislative authority. See Regents of the Univ. of Colo. v. County of Boulder, No. 01-CV- 1896, slip op. (Boulder County Dist. Ct., Oct. 5, 2004). On appeal, the case was remanded back to the Boulder County District Court in response to recent legislation that officially eliminated the Land Use Commission. As the County's draft regulations are very similar to that of Boulder County, the County would be well advised to hold off on the consideration of the draft regulations pending the resolution of this uncertainty by the courts. In light of existing controls available to the County to address the adverse effects of the extraterritorial diversion of water, and the burden imposed on existing local providers, Greeley strongly opposes the adoption of the draft regulations. Nevertheless, if the Weld County Code is amended to include such draft regulations, Greeley respectfully requests an exemption for existing local water and wastewater service providers. Board of County Commissioners March 10, 2006 Page 3 of 3 For example, Boulder County's 1041 Regulations include specific exemptions for the activities of local municipalities and other service providers. Specifically, sections 8-401 and 8- 402 of the Boulder County Land Use Code exempt any system, extension, or project which relies upon or uses water decreed to agricultural land in the unincorporated County, and which serves primarily a municipality or other group of users located within the County. In conclusion, Greeley does not support the adoption of the draft regulations; however, if such regulations are adopted by the County, Greeley recommends a specific exemption for the activities of existing County water and wastewater service providers. Again, thank you for the opportunity to provide further comment on these regulations. Sincerely, Jon G. Monson, P.E. Director, Water and Sewer Department Cc:Thomas E. Selders, Mayor, City of Greeley Roy H. Otto, Greeley City Manager Harold G. Evans, Chairman, Greeley Water and Sewer Board Bruce T. Barker, Esq., Weld County Attorney Richard P. Brady, Esq., Greeley City Attorney John A. Kolanz, Esq., Environmental and Water Resources Counsel Hello