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Home My WebLink About820736.tiff J _�MENTOpti I.i 1 WATER QUALITY CONTROL CO � ISSION 19 ENE r.0 07, vi OFJj 7 • 23n ' NOTICE OF PUBLIC ADJUDICATORY HEARING 12 tiktftatt BEFORE THE c4C© COLORADO WATER QUALITY CONTROL COMMISSION FOR CONSIDERATION of the appeal of Mr. Alex Laird, Box 666, Crested Butte, Colorado &1224, in regard to the approval of the site application for domestic wastewater treatment works number 3527, by the Water Quality Control Division. This site application was filed by Crested Butte South in Gunnison County. PURSUANT to the provision of C.R.S. 1973, 24-4-105; 24-4-106; 25-8-202(1) (e) and (2) ; 25-8-401; 25-8-702(4) ; the "Procedural Rules for All Proceedings Before the Water Quality Control Commission and Water Quality Control Division "( the Procedural Rules) , and Section 2.2,5(7) of the Commission's current regulation titled: Regulations for Site Applications for Domestic Wastewater Treatment Works NOTICE is hereby given that the Colorado Water Quality Control Commission will Yold a public adjudicatory hearing on the following date and time and at the location in— dicated: DATE: MONDAY, MARCH 29, 1982 TIME: 10:00 A.M. LOCATION: ROOM 150 DEPARTMENT OF HEALTH BUILDING 4210 EAST 11TH AVENUE DENVER, COLORADO 80220 The Commission will consider and make a part of the record all evidence, sworn testimony, and written submission on the appeal presented at the public hearing before this Commission. The Commission encourages all interested persons to provide their views on the Division's action in granting the site application being appealed, and especially solicits the comments and analyses of those persons or groups who feel they will incur some cost or receive some benefit, whether direct or indirect, from the Division's actions. Participation as a "party" to this hearing will require compliance with certain express terms, as set forth below. However, the Commission will always exercise its discretion to provide the greatest opportunity for participation in these proceedings by members of the general public. Interested members of the public are encouraged to attend and testify orally or in writing and it is not necessary to acquire party status in order to do so. CRS-253 3/10/82 4210 EAST 11TH AVENUE DENVER,COLORADO 80220 PHONE (303) 3?^-a -q 820736 /i/7 l77 , i e,.2a 3/(7771 L Any interested person shall have an opportunity to participate in the public hearing by submitting written data, views, or arguments, or present them orally at said public hearing in person or through legal counsel. Additionally, any person who is affected by the proceeding and whose interests are not adequately represented shall have the opportunity to be made a party thereto in accordance with Section 2.1.7 of the Procedural Rules, by making written application to arrive in the Office of the Commission not less than Ten (10) days prior to the hearing. In this case, requests for party status are to be filed on or before: DATE: TUESDAY, MARCH 2, 1982 TIME: 5:00 P.M. Thereafter, application to be made a party shall not be considered except upon motion for good cause shown. The Commission in its discretion, may approve or disapprove applications for party status. The Office of the Commission requests that you submit Fifteen (15) copies to accompany the original party status request. Application to be made a party must indicate the general nature of the individual or group applying, the reasons for seeking admittance as a party, and the general nature of the testimony to be presented. If the applicant is admitted as a party the party shall have the right to initiate discovery, make motions or objections, present evidence, cross-examine witnesses, and appeal from the outcome of the proceeding as provided by the Water Quality Control Act, the Administrative Procedure Act, 24-4-101 et. seq. , and the Procedural Rules. Certain non-parties may also appeal, as provided in the Administrative Procedure Act, 24-4-106. In accordance with Section 2.1.8(L) of the Procedural Rules, it is required that exhibits be presented by parties at least Ten (10) days prior to the hearing. A prehearing meeting will be held for that purpose on the following date and time at the following location. DATE: TUESDAY, MARCH 16, 1982 TIME: 11:00 A.M. LOCATION: ROOM 150 DEPARTMENT OF HEALTH BUILDING 4210 EAST 11TH AVENUE DENVER, COLORADO 80220 Exhibits must be furnished to all other persons requesting party status and Twenty (20) copies of all exhibits must be furnished for the Commission at the prehearing meeting. In an effort to reduce the length of the hearing, parties are required to submit written prehearing statements as described in Section 2.1.9 of the Procedural Rules, which shall include the following: a. A specific statement of the factual and legal claims asserted by each party. b. A copy of all exhibits proposed to be introduced. c. A list of all witnesses which may be called and a brief description of their testimony. Parties will not necessarily be limited to this list. CR5-254 3/10/82 -2- d. Propose, indings of fact and conclusions f law. e. All written testimony to be presented at the hearing. These statements shall be submitted at the prehearing meeting announced on the preceding page. Prehearing statements will not be accepted at the hearing. It is proposed that no additional testimony will be received after the close of the hearing; however, if the Commission determines there is a justifiable reason, it may choose to leave the record open for an additional period of time. Parties may offer written summations at the close of the hearing. Oral summations will not be accepted so as to reduce the length of the hearing. In connection with any final action, the Commission is required to consider economic reasonableness. This will be developed during and subsequent to the public hearing. Public comment is specifically requested regarding all economic impacts which the Division's approval of the site application being appealed may impose on any politi- cal subdivision and individuals or businesses. Comments should also address the benefits of the site application which was approved. Full and complete transcripts of the proceedings will be made and copies thereof will be available to any party to the hearings upon requesting the same from the reporter and payment of his/her fee therefor. Transcripts of any hearings and summaries of motions made in general meetings are always available for public inspection during the hours of 8:30 A.M. to 5:00 P.M. , Monday through Friday (holidays excepted) in the Office of the Colorado Water Quality Control Commission, located in Room 319 of the Department of Health Building, 4210 E. 11th Avenue, Denver, Colorado. Dated this 17th day of February, 1982, at Denver, Colorado. WATER QUALITY CONTROL COMMISSION ,j/K ALAN M. STEWART, AICP ADMINISTRATOR AMS:meg CR5-255 3/10/82 r r ... � .a�•`3.•.�.uY .v�� .w...�..��. 1_ •�.�.�vr.v. paliTED FEB 16 1982 BEFORE THE DEPARTMENT OF HEALTH OFFICE OF THE ATTORNEY GENERAL STATE OF COLORADO NOTICE OF HEARING APPEAL OF CITY OF NDRTHGLENN DISCHARGE PERMIT On June 10, 1980 the Division of the Colorado Adminis- tration of the Colorado Department of Health issued its final determination to issue NPDES Permit No. CO-0036757 to the City of Northglenn. Certain parties then filed a request for an adjudicatory hearing on the permit pursuant to L.R.S. 1973, 24-4-105, as amended; C.R.S. 1973, 25-8-401, as amended; section 6.1.7 of the "Regulations for the State Discharge Permit System;" and the "Procedural Rules for All Proceedings Before the Water Quality Control Commission and the Water Quality Control Division." Attached hereto are two letters from the attorney representing the parties who have requested the hearing. Those letters set forth the issues which have been raised regarding the permit. A hearing on this matter has been set for April 12 and 13, 1981. commencing at 9 a.m., in the following locations: April 12 in Room 617 State Services Buil3ing,I5 5—Sfierman Street,'Denver, 'f,ororaao;rprirT WThom 72I-ociarrervices Suila!ing,-Z37fl erman Street; trence 7t6T3 a'a0-__M-- Party status in this matter may be obtained in accord with C.R.S. 1973, 24-4-105(2) and rule 2. 1.7 of the "Proce- dural Rules for All Proceedings Before the Water Quality Con- trol Commission and the Water Quality Control Division," 5 C.C.R. 1002-1. pp. 7-8. Any person who may be affected or aggrieved by the agency action which is the subject of this hearing shall be admitted as a party upon filing an appropri- ate and timely written request. Applications for party status shall be filed in writing with the hearing officer in this matter no later than April 2, 1982. at the Division of Hearing Officers, State Services Building, Room 207. 1525 Sherman Street, Denver, Colorado, 80203. Thereafter. applications to be made a party shall not be considered except upon motion for good cause shown. Party status may be granted by the hearing officer, except that the hearing officer's decision must be affirmed by the division upon • petition of any party. Applications for party status shall indicate the gen- eral nature of the individual or group applying, the reasons for seeking admittance as a party, and the general nature of the testimony to be presented by� licant. f THOMAS F. DIXON Hearing Officer Dated: At Denver, Colorado this lla day of February, 1982. CERTIFICATE OF MAILING • I hereby certify that a true and correct copy of the foregoing NOTICE OF HEARING was sent via U. S. Mail, postage prepaid, to: Francis R. Culkin, Attorney at Law, 720 S. Colorado Blvd. , Denver, CO 80222; Joseph Cope, Attorney at Ler, P. 0. x 4579, Boulder, C 80306; and via Interoffice Mail to: Lbert ykan, Assistant Att rn General, 3rd Floor, 1525 Sherman Street, enver, olorad . e retary to earin Officer DATED: At Denver, Colorado this 16th day of February, 1982 AG Alpha No. HL WO HUGH AG File No. CNR/6423/1J0 —2— • Francis K. Cain Attorney at Law tin r r, en • - ;; reo$o.Colorado Bkd. (T,y Mai 3 • • Denver, Colorado 80222 GONTRO �sase•3403 f COMM1. yApN June 17 , 1980 i=';r ' i-- .. Mr. Gary G. Broetzman Director �•� :.ij'• ;^.n� Water Quality Control Division Colorado Department of Health 4210 East ll.th Avenue RR/ Denver, Colorado 80220 AZinrie2 UN �• l J fy' 3015`0 ' Re: Final Permit , NPDES Permit Number CO-0036757 , °PF/cE Weld County _ 0440ft (Doc r as A.isk 4114 Dear Mr. Broetzman: This letter is being written on behalf of the Town of Frederick, the City of Ft . Lupton, the Weisner Sub-Division Preservation Association and its individual members , and Rocky Mountain Fuel Company to formally demand an adjudicatory hearing on the final NPDES permit which was issued to the City of Northglenn on June 4 , 1980. This demand is made pursuant to C.R.S. 1973, as amended , 24-4-105 , C.R.S. 1973, as amended, 25-8-401 et Regulations for State Discharge Permit Systems, 5 CCR 1002-2 (6. 1 .7) , and Procedural Rules for All Proceedings Before the Water Quality Control Commission and the Water Quality Control Division, 5 CCR 1002-1. An adjudicatory hearing on this matter is necessary in order to permit a full and fair examination of the facts through formal discovery, cross-examination of witnesses , and adequate im-put by those persons who will be directly affected by the proposed facility and the effluent that will be discharged from it. Matters of special concern are as follows: 1. The discharge permit has been issued prior to the final publication of the United States Environmental Protection Agency' s Environmental Impact Statement, and thus , prior to the EPA's formal and final appraisal of the treatment plant. • 4 • Gary G. Broetzman Water Quality Control Division Tune 17 , 1980 Page Two • 2. The City of Northglenn sewage is presently treated by the Denver Metropolitan Sewage Disposal District, which discharges effluent into the South Platte River. The necessity of permitting additional state waters to carry sewage effluent has not been adequately addressed prior to the issuance of the present discharge permit. 3 . Although proponents of the facility contend that the project is unique, multiple water use projects are numerous enough at the present time to be considered conventional, rather than innovative. Further, the issuance of a discharge permit, as pointed out by the Division, is based upon factors other than the uniqueness of the facility itself. 4. The effluent to be discharged cannot be said with any degree of certainty to be harmless to the population which will be exposed to the contents of the Bull Canal, whether that is by direct contact in the streets of Frederick, by the use of the effluent/water on private residential gardens, or by use on crops which are irrigated via the Bull Canal. 5 . Monitoring of the discharge is unacceptable in that, not only does the permit set up a self-monitoring and self-reporting of violations system, but the Division will be unaware of problems which develop during one month until the 28th day of the following month - a period of time which may be as long as 60 days. 6. The nitrogen level of the effluent discharged is particulaily hazardous to agricultural crops grown in the area irrigated via the Bull Canal. The area is heavily dependant on the growth of such crops. Sugar beet growers with contracts to sell their crops must agree not to fertilize after mid-summer; if these growers irrigate the crops, which they must do, the nitrogen level in the irrigation water will be greater than that allowed under these contracts. 7. The Division has issued the discharge permit prior to receiving any ground water monitoring proposal from the City of Northglenn. Instead it will , in effect, allow Northglenn to proceed with the construction of the facility, and only six months prior to discharge Gary G. Broetzman Water Quality Control Division June 17, 1980 Page Three when the plant is ready to function, will require such a proposal from the City. The above concerns may not be all inclusive, but they point out a number of areas which should be reviewed and fully examined at a formal adjudicatory hearing. An adjudicatory hearing will allow for an orderly process in which such concerns can be so examined. At the April 23, 1980 public meeting held in Frederick, you indicated that if a demand for an adjudicatory hearing were made following issuance of a discharge permit to Northglenn, that hearing would be held in Frederick, since the discharge will affect the immediately surrounding area. We are therefore formally requesting that the adjudicatory hearing on this permit be held in Frederick, Colorado. • Finally, pursuant to the provisions of the Water Quality Control Act and rules and regulations of the Commission and Division, we are at this time requesting formal party status for the Town of Frederick, the City of Ft. Lupton, the Rocky Mountain Fuel Company, and the Weisner Sub-Division Preservation and its individual members , all of whom will be affected by the proceeding. This request is made in order that the above-named, or their counsel, shall have the right to be heard and to cross-examine any witness at the adjudicatory hearing and to preserve their rights if judicial review of agency action become necessary. • Sincerely, FRANCIS K. CULKIN FKC/bja cc: Town of Frederick City of Ft. Lupton • Weisner Sub-Division Preservation Association Jerry Armstrong Lee Morrison Greg Hobbs Francis K.Man amino r Attorney at LW Mi.'; r .• - no So.Co edo Blvd. • • Deaver, Colorado 80222 Lai K.Vogd 303-nom-3495 Associate October 17, 1980 Sharon S. Metcalf, Esq. Assistant Attorney General Natural Resources Section State Services Building 1525 Sherman Street, 3rd Floor Denver, Colorado 80203 Re: Northglenn NPDES Permit No. CO - 0036757 . Dear Ms. Metcalf: This letter is written in response to your correspondence of October 3, 1980 which was received in this office October 7, 1980. Initially, I would like to clarify that my letter of June 17 , 1980 was written on behalf of the Weisner Sub-Diviion PrFueservation, Assocation, its individual members, and Rocky Mount Company, as well as the Town of Frederick and the City of Ft. Lupton. In my opinion, all these various entities will be affected or aggrieved by the terms of this permit. Each of these entities is seeking admittance as a party to the adjudicatory hearing on this matter. The Town of Frederick and the City of Ft. Lupton seek party status on the grounds that both municipalities will be subjected to the discharge from the Northglenn sewage treatment plant. Frederick's contact with the secondarily treated effluent will be by direct contact in the Town' s streets and by the use of such effluent on private residential gardens. Ft. Lupton will be affected by the discharge im that there is a cross-connection between the Bull Canal, into which the effluent will flow, and the City's own water system. In addition the increased nitrate level which will be present in the effluent will nitrate add level tin its present wateresystem.fficulties with the Sharon S. Metcalf Assistant Attorney General October 17 ,1980 Page Two Rocky Mountain Fuel Company owns agricultural property which is irrigated with water from the Bull Canal. This water will contain the effluent from the sewage treatment facility and would be used to irrigate the crops grown on Rocky Mountain Fuel's property. The Weisner Sub-Division Preservation Association, a non-profit association established to preserve the quality of life of the residents of the Sub-Division, and its individual members who are residents of the Sub-Division will be affected by the discharge in that the residents of this Sub-Division may suffer from the adverse affects the secondarily treated effluent will have on their health. • All of these entities believe that the discharge presents hazards to the health and well-being not only of themselves, but to others who may come into contact with the effluent. This is not to say that health problems are their only concern. Rather, it is felt that all the points brought out in our June 17 letter are valid areas of concern with regard to the issuance of this permit. The only possible exception would be point #1 which has become moot since, with an inordinant passage of time between our June 17 letter and your response of October 3, the EPA has completed its EIS and issued its grant to Northglenn. Generally, the testimony to be presented will include the types of health hazards to which my clients will be subjected because of the discharge. Witnesses, both expert and non-expert, will exist, and what, if any, measures can be taken to eliminate them. This will involve the question of adequate monitoring among other things. Finally, in my opinion the presentations by the entities mentioned herein will take at least one day and perhaps an additional half-day. I, of course, do not know how long the presentations of other entities granted party status will take nor the amount of time which will be required by the proponents of the permit. I trust the above information is sufficient to clear up any "deficiencies" in our June 17, 1980 letter. I presume I will be notified regarding a proposed hearing date in the very near future. Although no notice of a hearing has been issued, pursuant to Rule 2.1.6.A. of the Rules for All Proceedings (5 CCR 1002-1) , { Sharon S. Metcalf Assistant Attorney General October 17 , 1980 Page Three I assume that this letter and the June 17 , 1980 letter will serve as my clients' application for party status. I also assume I will receive official notice of the hearing. Thank you for your assistance in this matter. Sincerely,cF CIS K. CULKIN FKC/bja cc: Gary G. Broetzman Water Quality Control Division Evan Dildine, Technical Secretary Water Quality Control Commission MENT Op Attla 19 WATER QUALITY CONTROL COMMISSION NOTICE OF PUBLIC RULEMAKING HEARING BEFORE THE COLORADO WATER QUALITY CONTROL COMMISSION FOR CONSIDERATION and adoption as a procedural regulation, the Commission ' s current procedure titled: "State of Colorado Federal Construction Grant Priority System and Grant Administration Procedures" contained in Section 5.3 .0 of Article 6 , Regulations of Universal Applicability, of the Rules , Regulations , and Guidelines of the Water Quality Control Commission; and For consideration and adoption of proposed additional regulatory provisions to the Commission' s current procedure referred to above which will be considered for adoption as a procedural regulation during the hearing announced by this Notice. Pursuant to the provisions of C.R.S. 1973 , 24-4-103 ; 25-8-202 (1) (g) and (2) ; 25-8-401; 25-8-701 (3) ; and 25-8-70 ; and the "Procedural Rules for All Proceedings Before the Water Quality Control Commission and the Water Quality Control Division" , (the Procedural Rules) especially paragraph 2 . 1. 10 (A) thereof. Notice is hereby given that the Colorado Water Quality Control Commission will hold a public rulemaking hearing on the following date and time at the location indicated: DATE: WEDNESDAY, APRIL 14 , 1982 TIME: 9 : 00 A.M. LOCATION: ROOM 412 DEPARTMENT OF HEALTH BUILDING 4210 EAST 11TH AVENUE DENVER, COLORADO In addition to the regulatory action announced previously in this Notice , the purpose of this hearing is to consider the following: (1) The Federal uniform lower share amendment to the Federal Clean Water Act, PL 95-217 . This amendment authorizes states to reduce the percentage of Federal assistance to communities under the construction grant program. At this hearing, the Division will provide data to the Commission on which it may base its establish- ment of the percentage reduction. After all testimony is heard and CR5-24O 3/10/82 4210 EAST 11TH AVENUE DENVER,COLORADO 80220 PHONE (303) 320-8333 considered, the Commission may recommend to the Governor that a lower percentage be established. This reduction may only occur when requested of the U.S . Environmental Protection Agency (EPA) by the Governor and approved by the Administrator of the EPA; (2) Changes to the State of Colorado Federal Construction Grant priority system which are necessary to ensure compliance with the 1981 amendments to the Federal regulations under the Federal Clean Water Act affecting construction grants and related regulations or to ensure proper functioning of said system. Specifically , Sections 5. 3 .4 and 5.3. 5 of the Commission' s existing procedure announced in this Notice for regulatory adop- tion will be revised to delete their provisions relating to step 1 and 2 grants due to changes in the Federal Act. Additionally, the percentages of set-asides from each years' grant allocation will be changed for: innovative and alternative processes; State management within the perview of Section 205 (g) of the Federal Act; water quality planning as provided for in Section 205 (j) of the Federal Act; and grant increases to conform to the Federal Act. (3) A policy regarding funds available for grant increases may be considered for incorporation in the regulation proposed for adoption by this Notice. A specific proposal of regulatory changes covering these issues shall be available in the Office of the Commission commencing March 22 , 1982 , and shall be mailed to individuals or entities requesting party status when such requests are received. A Federal Construction Grant priority list for Federal fiscal year 1982 will be proposed for consideration at an informational hearing pursuant to paragraph 2. 1. 10 (D) of the Procedural Rules subsequent to the adoption of the regulatory actions announced herein. The list will serve as a guideline for allocation of Federal Construction Grant funds as they are available. The Commission will consider and make a part of the record all evi- dence, sworn testimony, and written submissions on the regulatory provisions presented at the public hearing before this Commission. The Commission encourages all interested persons to provide their views on the proposed regulation, and especially solicits the comments - and analyses of those persons or groups who feel they will incur some cost or receive some benefit, whether direct or indirect, from these proposed regulations. Participation as a "party" to this hearing will require compliance with certain express terms , as set forth below. However, the Commission will always exercise its discretion to provide the greatest opportunity for participation in these proceedings by members of the general public. Interested members of the public are encouraged to attend and testify orally or in writing and it is not necessary to acquire party status in order to do so. CR5-241 (2) 3/10/82 In accordance with C .R.S . 1973 , 25-8-402 (2) any person desiring to either propose a regulation differing from or to support the regu- lation proposed by the Commission shall file any other written pro- posal with the Commission by March 22 , 1982 , and when on file, such proposal shall be open for public inspection at the Office of the Administrator. Proposals should be mailed or delivered to: Administrator, Water Quality Control Commission 4210 E. 11th Avenue Denver , CO 80220 Any interested person shall have an opportunity to participate in the public hearing by submitting written data, views, or arguments , or present them orally at said public hearing in person or through legal counsel. Additionally, any person who is affected by the proceeding and whose interests are not adequately represented shall have the opportunity to be made a party thereto in accordance with Section 2 .1.7 of the Procedural Rules, by making written application to arrive in the Office of the Commission not less than Ten (10) days prior to the hearing. In this case, requests for party status are to be filed on or before: DATE: MONDAY, MARCH 22 , 1982 TIME : 5 : 00 P .M. Thereafter , application to be made a party shall not be considered except upon motion for good cause shown. The Commission in its discretion, may approve or disapprove applications for party status . The Office of the Commission requests that you submit fifteen (15) copies to accompany the original party status request. Application to be made a party must indicate the general nature of the individual or group applying, the reasons for seeking admittance as a party, and the general nature of the testimony to be presented. If the applicant is admitted as a party the party shall have the right to initiate discovery, make motions or objections , present evidence , cross-examine witnesses, and appeal from the outcome of the proceeding as provided by the Water Quality Control Act, the Adminis- trative Procedure Act, 24-4-101, et. seq. , and the Procedural Rules . Certain non-parties may also appeal, as provided in the Administrative Procedure Act, 24-4-106 . In accordance with Section 2. 1.8 (L) of the Procedural Rules, it is required that exhibits be presented by parties at least Ten (10) days prior to the hearing. A prehearing meeting will be held for that purpose on the following date and time at the location indicated : DATE: TUESDAY, MARCH 30, 1982 TIME: 1: 00 P.M. LOCATION: ROOM 150 DEPARTMENT OF HEALTH BLDG. 4210 EAST 11TH AVENUE DENVER, COLORADO CRS-242 (3) 3/10/82 Exhibits must be furnished to all other persons requesting party status and Fifteen (15) copies of all exhibits must be furnished for the Commission at the prehearing meeting. In an effort to reduce the length of the hearing, parties are required to submit written prehearing statements as described in Section 2.1.9 of the Procedural Rules, which shall include the following: a. A summary statement of the position of the party on the issues that are the subject of the hearings and the action thereon which the Commission should take. b. A copy of all exhibits proposed to be introduced. c. A list of all witnesses which may be called and a brief description of their testimony. Parties will not necessari- ly be limited to this list. d. All written testimony to be presented at the hearing. These statements shall be submitted at the prehearing meeting announced on page 3 of this Notice. Prehearing statements will not be accepted at the hearing. It is proposed that no additional testimony will be accepted after the close of the hearing; however, if the Commission determines there is a justifiable reason, it may choose to leave the record open for an additional period of time. Parties may offer written summations at the close of the hearing. Oral summations will not be accepted so as to reduce the length of the hearing. In connection with the promulgation of any rule , the Commission is required to consider economic reasonableness and to develop a statement of fiscal impact. This is being developed and will continue to be developed during and subsequent to the public hearing. Public comment is specifically requested regarding all fiscal and economic impacts which the proposed regulations may impose on the State as a whole, and any political subdivision thereof, and individuals or businesses. Comments should also address the benefits of the regulations. The fiscal impact statement for each rulemaking proceeding will be drafted for adoption by the Commission after the hearings have been held and all testimony regarding costs and benefits have been received. A statement of basis and purpose will be prepared from the testimony given and from other considerations made within the discretion of the Commission. The Statement of Basis and Purpose will be made a part of the finally adopted rule. Full and complete transcripts of the proceedings will be made and copies thereof will be available to any party to the hearings upon requesting the same from the reporter and payment of his/her fee therefor. Transcripts of any hearings and summaries of motions made in general meetings are always available for public inspection during the hours of 8 :30 A.M. to 5 :00 P .M. , Monday through Friday (holidays excepted) in the Office of the Colorado Water Quality Control Commission CRS-243 (4) 3/10/82 located in Room 319 , Department of Health Building, 4210 East 11th Avenue, Denver, Colorado. Dated this 23rd day of February, 1982 , at Denver, Colorado. WATER QUALITY CONTROL COMMISSION 41, /7,4/ // J,% / ALAN M. STEWART, AICP ADMINISTRATOR AMS:meg ( 5 ) CR5-244 3/10/82 ENT QFy tQ-tM F WATER QUALITY CONTROL COMMISSION a"h OF NOTICE OF PUBLIC RULEMAKING HEARING BEFORE THE COLORADO WATER QUALITY CONTROL COMMISSION FOR CONSIDERATION AND ADOPTION of proposed regulatory revisions to Section 3.9.5 of the Commission's current regulation titled: "COLORADO RIVER SALINITY STANDARDS" contained in Article 3, Water Quality Standards, of the Rules. Regulations, and Guidelines of the Water Quality Control Commission. PURSUANT to the provisions of C.R.S. 1973, 24-4-103; 25-8-102(5) ; 25-8-202(1) (b) and (2) ; 25-8-204; 25-8-401; 25-8-402; and the "Procedural Rules for All Proceedings Before the Water Quality Control Commission and the Water Quality Control Division", (the Procedural Rules) ; NOTICE is hereby given that the Colorado Water Quality Control Commission will hold a public rulemaking hearing on the following date and time at the following location: DATE: MONDAY, MAY 17, 1982 TIME: 9:00 A.M. LOCATION: ROOM 150 DEPARTMENT OF HEALTH BUILDING 4210 EAST 11TH AVENUE DENVER, COLORADO 80220 The purpose of this hearing is to revise the regulatory section referred to above in the following manner: 3.9.5 IMPLEMENTATION As authorized by the Colorado Water Quality Control Act, C.R.S. 1973, 25-8-101 et seq. , AS AMENDED, the Water Quality Control Commission and the Water Quality Control Division will implement the standard in compliance with Sections 208 and 402 of the Clean Water Act. The Ferem peepeee4-4948-Reisseen;--'Weser-QeeIety-fieanderde €er-8el4nIty-IneTeding-Nemeree-Greeerse-eeel-9}en e€-IApemeaeet+en-€er-fie}en#ey-Generei'-'-anel-Fereme prepeee4--'Sepp4erseee-;eeleel ag-Me44Heeeeens-Therese", Beeembee -19;8;-ee4-she-€seem-eelepeed-V,Therel-Annear Pregeeee-Repees". IN ADDITION, THE TRIENNIAL REPORT CRS-249 3/10/82 4210 EAST 11TH AVENUE DENVER,COLORADO 80220 PHONE (303) 320-8333 AND SUPPLEMENT THERETO OF THE COLORADO RIVER BASIN SALINITY CONTROL FORUM CONCERNING THE PLAN OF IM- PLEMENTATION FOR SALINITY CONTROL FOR THE COLORADO RIVER SYSTEM have been adopted separately as a policy statement by the Commission. By adopting these as policy statements, the Commission endorses the components of the plan for implementation by entities with the authority to do so. The plan of implementation, as set forth in the Forum's 1981 report, has been revised since the completion of the 1978 report. The 1981 plan includes three main components that were not part of the 1978 plan of implementation. They are: - Expeditious implementation by the U.S. Department of Agriculture of onfarm and related improvement measures for salinity control. - Implementation of salinity control measures by the U.S. Bureau of Land Management to reduce salt contribution from public domain lands. - Implementation of the Forum's policy, adopted in 1980, for the use of brackish and/or saline waters for industrial purposes. There have been changes in the other components of the plan, but these changes merely reflect the current status of federally authorized salinity control projects, of projects in the planning process, and of the 208 Water Quality Management Plans. The Commission will consider and make part of the record all evidence, sworn testimony, and written submissions on the regulatory revision presented at the public hearing before this Commission. The Commission encourages all interested persons to provide their views on the proposed regulatory revision, and especially solicits the comments and analyses of those persons or groups who feel they will incur some cost or receive some benefit, whether direct or indirect, from the proposed regulatory revision. Participation as a "party" to this hearing will require compliance with certain express terms, as set forth below. However, the Commission will always exercise its discretion to provide the greatest opportunity for participation in these proceedings by members of the general public. Interested members of the public are encouraged to attend and testify orally or in writing and it is not necessary to acquire party status in order to do so. In accordance with C.R.S. 1973, 25-8-402(2) any person desiring to either pro- pose a regulatory revision differing from or to support the revision proposed by the Commission shall file any other written proposal with the Commission by April 26, 1982, and when on file, such proposal shall be open for public inspec- tion at the Office of the Administrator. Proposals should be mailed or delivered to: Administrator, Water Quality Control Commission 4210 E. 11th Avenue Denver, Colorado 80220 Any interested person shall have an opportunity to participate in the public hearing by submitting written data, views, or arguments, or present them orally at said public hearing in person or through legal counsel. Additionally, any person who is affected by the proceeding and whose interests are not adequately CR5-25O 3/10/82 represented shall have the opportunity to be made a party thereto in accordance with Section 2.1.7 of the Procedural Rules, by making written application to arrive in the Office of the Commission not less than Ten (10) days prior to the hearing. In this case, requests for party status are to be filed on or before: DATE: MONDAY, APRIL 26, 1982 TIME: 5:00 P.M. This requirement applies to parties to previous hearings on the Colorado River Salinity Standards. Their party status does not continue automatically into the hearing announced by this Notice. Thereafter, application to be made a party shall not be considered except upon motion for good cause shown. The Commission in its discretion, may approve or disapprove applications for party status. The Office of the Commission requests that you submit Fifteen (15) copies to accompany the original party status request. Application to be made a party must indicate the general nature of the individual or group applying, the reasons for seeking admittance as a party, and the general nature of the testimony to be presented. If the applicant is admitted as a party, the party shall have the right to initiate discovery, make motions or objections, present evidence, cross-examine witnesses, and appeal from the outcome of the proceeding as provided by the Water Quality Control Act, the Administrative Procedure Act, 24-4-101 et seq. , and the Procedural Rules. Certain non-parties may also appeal, as provided in the Administrative Procedure Act, 24-4-106. In accordance with Section 2.1.8(L) of the Procedural Rules, it is required that exhibits be presented by parties at least Ten (10) days prior to the hearing, in this case by the deadline specified for requesting party status. Exhibits must be furnished to all other persons requesting party status and Twenty (20) copies of all exhibits and prehearing statements (as described below) must be furnished the Commission when requesting party status. These statements and exhibits mist be furnished to all other persons requesting party status within a reasonable time after receipt of the party list from the Administrator. Prehearing statements will not be accepted at the hearing. In an effort to reduce the length of the hearing, parties are required to submit written prehearing statements as described in Section 2.1.9 of the Pro- cedural Rules, which shall include the following: a. A summary statement of the position of the party on the issues that are the subject of the hearings and the action thereon the Commission should take. b. A copy of all exhibits proposed to be introduced. c. A list of all witnesses which may be called and a brief description of their testimony. Parties will not necessarily be limited to this list. d. All written testimony to be presented at the hearing. It is proposed that no additional testimony will be received after the close of the hearing; however, if the Commission determines there is a justifiable reason, it may choose to leave the record open for an additional period of time. Parties may offer written summations at the close of the hearing. Oral summations will not be accepted so as to reduce the length of the hearing. CR5-251 -3- 3/10/82 In connection with the promulgation of any rule, the Commission is required to consider economic reasonableness and to develop a statement of fiscal impact. This is being developed and will continue to be developed during and subsequent to the public hearing. Public comment is specifically requested regarding all fiscal and economic impacts which the proposed regulations may impose on the State as a whole, and any political subdivision thereof, and individuals or businesses. Comments should also address the benefits of the regulations. The fiscal impact statement for each rulemaking proceeding will be drafted for adop- tion by the Commission after the hearings have been held and all testimony re- garding costs and benefits have been received. A statement of basis and purpose will be prepared from the testimony given and from other considerations made within the discretion of the Commission. The Statement of Basis and Purpose will be made a part of the finally adopted rule. Full and complete transcripts of the proceedings will be made and copies there- of will be available to any party to the hearings upon requesting the same from the reporter and payment of his/her fee therefor. Transcripts of any hearings and summaries of motions made in general meetings are always available for public inspection during the hours of 8:30 A.M, to 5:00 P.M. , Monday through Friday (holidays excepted) in the office of the Colorado Water Quality Control Commission, located in Room 319 of the Department of Health Building, 4210 E. 11th Avenue, Denver, Colorado. Dated this 17th day of February, 1982, at Denver, Colorado. WATER QUALITY CONTROL COMMISSION /' n %J 1, Pry ALAN M. STEWART, AICP ADMINISTRATOR AMS:meg CR5-252 3/10/82 SPENT 0A-4, y P P9� WATER QUALITY CONTROL COMMISSION viwoj NOTICE OF SUPPLEMENTARY PUBLIC RULEMAKING HEARING BEFORE THE COLORADO WATER QUALITY CONTROL COMMISSION FOR CONSIDERATION of those issues raised in the Colorado Water Quality Control Act of 1981 contained in Section 1, Article 8 of Title 25, C.R.S. 1973, as amended by Senate Bill 10 (S,B, 10) applicable to certain water quality standards for Ten Mile Creek in Summit County. Ten Mile Creek is designated segments 13 and 14 of the Blue River described on pages 4 and 5 of 13 of the tables of stream classifications and water quality standards, section 3.3.6(2) of the Commission's current regulation titled: "Classifications and Numeric Standards, Upper Colorado River Basin, and North Platte River (Planning Region 12)" effective June 9, 1980 and contained in Article 3, Water Quality Standards of the Rules, Regulations, and Guidelines of the Water Quality Control Commission. PURSUANT to the provisions of C.R.S. 1973, 24-4-103; 25-8-102(2) (5) ; 25-8-202(1) (b) and (2) ; 25-8-204; 25-8-402; the "Procedural Rules for All Proceedings Before the Water Quality Control Commission and Water Quality Control Division" (the Procedural Rules) and Section 3.1,7(2) (d) of the Commission's Regulation titled: Regulations Establishing Basic Standards and an Antidegradation Standard and Establishing a System for Classifying State Waters, for Assigning Standards, and for Granting Temporary Modifications (the Basic Regulations) . NOTICE is hereby given that the Colorado Water Quality Control Commission will hold a Supplementary Public Rulemaking Hearing on the following date and time at the location indicated: DATE: MONDAY, MAY 17, 1982 TIME: 10:00 A.M. LOCATION: ROOM 150 DEPARTMENT OF HEALTH BUILDING 4210 EAST 11TH AVENUE DENVER, COLORADO 80220 CRS-245 3/10/82 4210 EAST 11TH AVENUE DENVER,COLORADO 80220 PHONE (303) 320-8333 The purpose of this hearing is to review the numeric standards of the parameters indicated below by Segment: SEGMENT 13 SEGMENT 14 Copper Copper Cadmium Cadmium Cyanide Cyanide Sulphate Zinc The hearings affected by this Notice were: (1) the original hearing concerning the classification of State waters and the assignment of applicable standards for all water segments generally located in Routt, Jackson, Grand, Eagle, Summit, and Pitkin Counties, announced May 25, 1979, and published in the Colorado Register of June 10, 1979; and (2) the hearing concerning the petition of Climax Molybdenum Company to amend certain standards for Ten Mile Creek in Summit County announced May 29, 1980, and published in the Colorado Register of June 10, 1980. During the supplementary hearing announced by this Notice, testimony and exhibits offered into evidence and arguments in support thereof shall be restricted to those issues raised by the changes in the Act contained in S.B. 10. Such issues include but are not limited to: "the economic reasonableness" evaluation required by 25-8-102(5) ; the effect on water rights as required by 25-8-104; and the new considerations for the adoption of water quality standards required by 25-8-204, C.R.S. 1973, as amended. The hearing is not being opened for any new issues beyond those related to S.B. 10. The Commission will consider and make a part of the record all evidence, sworn testimony, and written submission on the regulatory provisions presented at the public hearing before this Commission. The Commission encourages all interested persons to provide their views on the proposed regulation, and especially solicits the comments and analyses of those persons or groups who feel they will incur some cost or receive some benefit, whether direct or indirect, from these proposed regulations. Participation as a "party" to this hearing will require compliance with certain express terms, as set forth below. However, the Commission will always exercise its discretion to provide the greatest opportunity for participation in these pro- ceedings by members of the general public. Interested members of the public are encouraged to attend and testify orally or in writing and it is not necessary to acquire party status in order to do so. Any interested person shall have an opportunity to participate in the public hearing by submitting written data, views, or arguments, or present them orally at said public hearing in person or through legal counsel. Additionally, any person who is affected by the proceeding and whose interests are not adequately represented shall have the opportunity to be made a party thereto in accordance with Section 2.1.7 of the Procedural Rules, by making written application to arrive in the Office of the Commission not less than Ten (10) days prior to the hearing. In this case, requests for party status are to be filed on or before: DATE: THURSDAY, APRIL 22, 1982 TIME: 5:00 P.M. CR5-246 3/10/82 -2- This requirement applies to parties to previous "Upper Colorado River Basin" and "Ten Mile Creek" hearings. Their party status does not continue automatically into the hearing announced by this Notice. Thereafter, application to be made a party shall not be considered except upon motion for good cause shown. The Commission in its discretion, may approve or disapprove applications for party status. The Office of the Commission requests that you submit Fifteen (15) copies to accompany the original party status request. Application to be made a party must indicate the general nature of the individual or group applying, the reasons for seeking admittance as a party, and the general nature of the testimony to be presented. If the applicant is admitted as a party the party shall have the right to initiate discovery, make motions or objections, present evidence, cross-examine witnesses, and appeal from the outcome of the proceeding as provided by the Water Quality Control Act, the Administrative Pro- cedure Act, 24-4-101, et. seq. , and the Procedural Rules. Certain non-parties may also appeal, as provided in the Administrative Procedure Act, 24-4-106. In accordance with Section 2.1.8(L) of the Procedural Rules, it is required that exhibits be presented by parties at least Ten (10) days prior to the hearing. A prehearing meeting will be held for that purpose on the following date and time at the following location. DATE: TUESDAY, MAY 4, 1982 TIME: 11:00 A.M. LOCATION: ROOM 150 DEPARTMENT OF HEALTH BUILDING 4210 EAST 11TH AVENUE DENVER, COLORADO 80220 Exhibits must be furnished to all other persons requesting party status and Twenty (20) copies of all exhibits must be furnished for the Commission at the prehearing meeting. In an effort to reduce the length of the hearing, parties are required to submit written prehearing statements as described in Section 2.1.9 of the Procedural Rules, which shall include the following: a. A summary statement of the position of the party on the issues that are the subject of the hearings and the action thereon which the Commission should take. b. A copy of all exhibits proposed to be introduced. c. A list of all witnesses which may be called and a brief description of their testimony. Parties will not necessarily be limited to this list. d. All written testimony to be presented at the hearing. These statements shall be submitted at the prehearing meeting announced on this page of this Notice. Prehearing statements will not be accepted at the hearing. CR5-247 -3- 3/10/82 It is proposed that no additional testimony will be received after the close of the hearing; however, if the Commission determines there is a justifiable reason, it may choose to leave the record open for an additional period of time. Parties may offer written summations at the close of the hearing. Oral summations will not be accepted so as to reduce the length of the hearing. In connection with the promulgation of any rule, the Commission is required to consider economic reasonableness and to develop a statement of fiscal impact. This is being developed and will continue to be developed during and subsequent to the public hearing. Public comment is specifically requested regarding all fiscal and economic impacts which the proposed regulations may impose on the State as a whole, and any political subdivision thereof, and individuals or businesses. Comments should also address the benefits of the regulations. The fiscal impact statement for each rulemaking proceeding will be drafted for adoption by the Commission after the hearings have been held and all testimony regarding costs and benefits have been received. A statement of basis and purpose will be prepared from the testimony given and from other considerations made within the discretion of the Commission. The Statement of Basis and Purpose will be made a part of the finally adopted rule. Full and complete transcripts of the proceedings will be made and copies thereof will be available to any party to the hearings upon requesting the same from the reporter and payment of his/her fee therefor. Transcripts of any hearings and summaries of motions made in general meetings are always available for public inspection during the hours of 8:30 A.M. to 5:00 P.M. , Monday through Friday (holidays excepted) in the office of the Colorado Water Quality Control Commission, located in Room 319 of the Department of Health Building, 4210 E. 11th Avenue, Denver, Colorado. Dated this 17th day of February, 1982, at Denver, Colorado. WATER QUALITY CONTROL COMMISSION l 1 , /./ica7- ALAN M. STEWART, AICP ADMINISTRATOR AMS:meg CRS-248 -4- 3/10/82 Hello