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Home My WebLink About851218.tiff Water Quality Information Colorado Department of Health 4210 East 11th Avenue Denver, Colorado 80220 (303) 320-8333 * Commission Meeting - February 4, 1985 * Rulemaking Hearing on unionized ammonia standard for Oak Creek •• Triennial review of regulations re liquid petroleum products and feedlots * Response to EPA variance audit 851218 (Water Quality IlFORM.E-DTI _ .. .�. _.. _ .,- IMEi)Y C0M fir,.,.• SiAft6^S Part 1 . WATER QUALITY CONTROL DIVISION11 717-7.7.77 -717,---) FEBRUARY, 1985 A. PERMIT ACTIONS ",;. JAN 2 g igg5 PUBLIC NOTICE OF PERMITS TO BE ISSUED - December -31 : 1984 andJanuary 16, 1985 Permittee Type Permit No. County Garfield Coal Sales, Inc. New CO-0040916 Garfield Oak Creek, Town of New CO-0040908 Routt Storm King Mines New CO-0040894 Garfield Dorchester Coal Company Renewal CO-0036593 Fremont Glenwood Hot Springs Lodge/Pool , Inc. Renewal CO-0000141 Garfield Grand County Water and San. District Renewal CO-0033740 Grand Mesa Water & San. District Renewal CO-0032727 Mesa Metro Denver Sewage Disposal Renewal CO-0026638 Adams P&G Mining, Inc. Renewal CO-0036790 San Juan San Luis Water & San. District Renewal CO-0020044 Costilla Dorchester Coal Company Renewal CO-0037109 Fremont Lochbuie, Town of Renewal CO-0036862 Weld Morrison, Town of Renewal CO-0036846 Jefferson San Lazaro Mobile Home Park Renewal CO-0020184 Boulder Trapper Mining Company Renewal CO-0032115 Moffat Union Oil of Calif. Temp. Const, Camp Renewal CO-0038121 Garfield Amoco Production Company Amendment CO-0040444 Gunnison Colorado Agro-Energy, Inc. Amendment CO-0040321 Rio Grande ColoWyo Coal Company Amendment CO-0032832 Moffat Eastside Coal Company, Inc. Amendment CO-0040380 Garfield Twenty Mile Coal Amendment CO-0036684 Routt Wellington, Town of Amendment CO-0021032 Larimer Anheuser-Busch Company Amendment CO-0039977 Weld Atlas Precious Metals, Inc. Amendment CO-0040665 Gunnison Colorado Yampa Amendment CO-0027154 Routt Industrial Resources, Inc. Amendment CO-0040410 Rio Blanco Union Mines Amendment CO-0038954 Conejos American Farms Inactivation CO-0025933 Logan Martin Eby Inactivation CO-0039772 Denver Brush Beef Company Inactivation CO-0024627 Morgan Ehrlich Feedlot, Inc. Inactivation CO-0024791 Weld Hoyt Feeders, Inc. Inactivation CO-0028843 Morgan JOA Feedlots, Inc. Inactivation CO-0024864 Larimer Robert Kula Inactivation CO-0028177 Morgan Pagosa Propane, Inc. Inactivation CO-0039659 San Juan Sackett Mining Company Inactivation CO-0036277 La Plata Beef City, Inc. Inactivation CO-0028673 Bent Bornhoft Feedyards Inactivation CO-0028088 Logan Ehrlich Feedlot, Inc. Inactivation CO-0024775 Weld Permittee Type Permit No. County Lamar Feedyards Inactivation CO-0000779 Prowers Horton Feedlot Inactivation CO-0036374 Larimer Laugel Feedyard Inactivation CO-0027375 Logan Meyer, Edward Inactivation CO-0025691 Weld New Castle, Town of Inactivation CO-0020192 Garfield River Venture Inactivation CO-0040223 Arapahoe Weinland Construction Inactivation CO-0040193 Boulder Yellow Pine Development Company Inactivation CO-0038687 Boulder LIST OF PERMITS ISSUED Date Issued Type of Permit Permittee Permit No. County 12/27/84 Renewal Bear Pole Ranch CO-0031003 Routt Renewal Town of Breckenridge CO-0031020 Summit New Buffalo Boy Mining CO-0040517 San Juan Renewal CF&I Corporation CO-0000621 Pueblo General C&M Sand & Gravel COG-500063 Boulder Amendment Chevron Shale Oil CO-0038474 Garfield Renewal Clear Creek Valley CO-0020206 Jefferson Water and San. District Amendment Cotter Corporation CO-00001244 Jeffers ;n Renewal Cottonwood Water & CO-0039845 Douglas San. District Renewal Eastwood Estates CO-0036358 Adams Amendment Erie Water & San. CO-0021831 Weld District Amendment Ft. Morgan, City of CO-0020397 Morgan Renewal Fruita, Town of CO-0020257 Mesa Renewal Granby San. District CO-0020699 Grand New Greeley, City of CO-0040258 Weld New Hermosa San. District CO-0040452 La Plata Renewal Kittredge San. & Water CO-0023841 Jefferson District Renewal Mesa County-Gateway CO-0027456 Mesa School 12/28/84 General Mobile Premix Co. COG-500066 Weld New National King Coal CO-0036561 La Plata New Northern Coal Co. CO-0036439 Rio Blanco Amendment Northglenn, City of CO-0036757 Weld New Platteville, Town of CO-0040355 Weld Amendment Public Service Co.- CO-0001139 Denver Zuni New Sopris Village Home CO-0031810 Eagle Owners Assoc. New Woodgate Subdivision CO-0028762 Montrose Home Owners VARIANCE, ADJUDICATIONS & APPEALS2 Permittee Type Permit No. Comments Burton Hawks, Inc. Variance CO-0045151 Iron and Manganese Martin Marietta Denver Variance CO-0001511 Request from silver limits Anaconda Copper Company Variance CO-0029793 Disputing limit on cadmium, zinc, silver & mercur9 City of Ft. Collins Variance CO-0026425 Nitrite-Nitrogen limitations Industrial Resources, Inc. Variance CO-0040754 Total Suspended Solids limitations Public Service Company - Adjudication CO-0001112 Object to the effluent Valmont limits on copper & zinc Texas Gulf (Hecla) Adjudication CO-0024562 Being amended Coors, Adolph Adjudication CO-0039004 Hearing Officer requested- Depositions are being taken City of Ft. Collins Adjudication CO-0026425 Nitrite-Nitrogen compliance schedule ENFORCEMENT3 Permittee Violation Action Date Pandoro Mining Company* FTPF NOV&CD 1/7/85 Norden & Sons* FTPF NOV&CD 1/7/85 Cumberland Mines* FTPF NOV&CD 1/7/85 csu Dairy DWOP NOV&CD 12/28/84 Standard Metals Effl NOVECD 1/21/85 Notes : 1 . The draft permit is available for inspection at your County Commissioner's Office, County Health Department Office or the District Engineer' s Office. A copy may be obtained by writing to the Water Quality Control Division, 4210 East 11th Avenue, Denver, CO 80220. PUBLIC NOTICE NUMBER: CO-84-16, and CO-85-01 , December 31 , 1984 and January 16, 1985. 2. No Appeals 3. 2nd Notice NOV. - Notice of Violation C&D - Cease & Desist Effl . - Effluent FTPF - Failure to Pay Fees DWOP - Discharging Without a Permit -3- B. CONSTRUCTION ACTIONS Applicant Type Facility Action Cities of Littleton Site Application Domestic WWTF* Approved and Englewood 12/31/84 Silver Creek Development Co. Site Application Domestic WWTF Approved 12/14/84 City of Montrose Site Application Domestic WWTF Approved 12/14/84 Union Oil Company Site Application Domestic WWTF Approved 12/17/84 No Plans and Specs No Grant Awards *WWTF-Wastewater Treatment Facility C. WATER QUALITY CERTIFICATION -(Section 401 ) APPLICATIONS RECEIVED Applicant Application For County Affected Waterbody Hotchkiss San. District Rebuild banks/bank Delta Gunnison protection Carlyle J. Fowler Construct a dike Mesa Colorado Fremont San. District Repair damage to Fremont Arkansas levee Yampa Valley Golf Assoc. Stabilize bank Moffat Yampa Bd of Water Commissioners Construct cofferdam Arapahoe South Platte Colo. Div. of Wildlife Construct two Rio Blanco White deflectors William A. Crepeau Construct cofferdam Garfield Colorado & intake structure Delta County Restore banks Delta Gunnison CH2M Hill Hydroelectric plant Mesa Southside Canal CH2M Hill Hydroelectric plant Clear Creek Clear Creek Moffat County School Dist. Riprap stream banks Moffat Fortification RE-I Creek Machii Ross Petroleum Co. Construct cofferdam Weld South Platte Black & Veatch Hydroelectric plant Gunnison Taylor Reservoir HDR Hydroelectric plant Montrose Gunnison Montrose County Commissioners Construct temporary Montrose Uncompahgre dikes/cofferdams Denver/Rio Grande Western Replace bridge pier Routt Yampa Railroad Colo. Dept. of Highways Permit Modification Garfield Colorado Delta County Rechannel river Delta Uncompahgre _Ii- Applicant Application For County Affected Waterbody Empire Energy Corp. Riprap banks Moffat Williams Fork Garfield County Construct bridge Garfield Colorado Chevron Shale Oil Co Riprap banks Mesa Colorado -5- FY 1985 STATE SEWAGE TREATMENT CONSTRUCTION GRANT PRIORITY LIST The following is a priority listing of projects eligible for State Construction Grants Funds. This listing was produced in accordance with the regulations entitled State of Colorado State Construction Grant Priority System. Grant Amount on "Cert- ificate of Financial Need" A-1 * Florissant Water and Sanitation District $383,514 Construction aerated lagoon and wastewater collection system North Lamar Sanitation District $400,174 Collection system only - wastewater to be treated by City of Lamar A-2 Town of Oak Creek $392,131 New aerated lagoon system with chlorination and dechlorination The Colorado General Assembly appropriated $500,000 to the state construction grant program for fiscal year 1985. There are no carryover funds from prior years. The grant regulations provide that 10% of the appropriation be reserved for grant increases in case of high construction bids. This set aside will be $50,000 for fiscal year 1985. The Water Quality Control Act provides that the Division may use 5% of the grant appropriation for administering the program. This amount is $25,000. The balance of grant funds available is $425,000. Projects will be funded in priority order, as shown above. If a project cannot proceed for any reason, the next project will be funded. This list is for fiscal year 1985 only. Priority for funds does not carryover year to year. * Top priority project, in accordance with priority regulations, Section 5.5.4(1). BM:njf -4- asoNT op y tir o �++W WATER QUALITY CONTROL COMMISSION 444 vitre Poo Op COO* RULEMAKING HEARING, INFORMATIONAL HEARING, AND BUSINESS MEETING MONDAY, FEBRUARY 4, 1985, ROOM 150, COLORADO DEPARTMENT OF HEALTH BUILDING, 4210 EAST 11th AVENUE, DENVER, COLORADO. AGENDA I. CALL TO ORDER - DETERMINATION OF QUORUM II. APPROVAL OF AGENDA III. To consider withdrawal of an appeal by the Denver Southeast Suburban Water & Sanitation District of the Water Quality Control Division's August 13, 1984, denial of Denver Southeast's site application for an expansion of its wastewater treatment facility from 0.35 mgd to 1.4 mgd. IV. RULEMAKING HEARING: For consideration of adding NH3 = 0.02 unionized to the inorganic numeric standards assigned to the mainstem of Oak Creek in Routt County from the point of discharge of the Oak Creek wastewater treatment plant to the confluence with the Yampa River. Assignment of an unionized ammonia standard would be to preserve the presently classified cold water class 1 aquatic life beneficial use. V. Waste Management Division presentation of septage and sludge transport and disposal. VI. LUNCHEON PRESENTATION: DRCOG briefing on proposed changes to scope of work of Cherry Creek Master Plan Task Force. VII. ADMINISTRATOR'S ITEMS: A. Approval of Notice of Informational Hearing for Triennial Review of the stream classifications and numeric water quality standards for the Arkansas (3.2.0), San Juan (3.4.0), and the Rio Grande (3.6.0) River Basins (5 CCR 1002-8) . 4210 EAST 11TH AVENUE DENVER,COLORADO 80220 PHONE (303) 320-8333 AGENDA, WQCC meeting, March 4, 1985 Page 2 B. Approval of Notice of Public Rulemaking Hearing in connection with triennial review of the current control regulation en- titled: Regulations Prohibiting the Discharge of Certain Wastewaters to Storm Sewers and Prohibiting Certain Connections to Storm Sewers (5.1.0). C. Approval of Summary of Proceedings/Motions for January 7, 1985. D. Approval of March, 1985, agenda. 1:00 P.M. VIII. INFORMATIONAL HEARING: For triennial review of the current control regulations titled: 7.4.0 - Regulations Concerning Liquid Petroleum Products (5 CCR 1002-13); and 8.1.0 - Regulations for the Control of Water Pollution From Feedlots (5 CCR 1002-5) IX. Appointment of a task force to review and study the technical issues of the Basic Standards related to: (1) the classification system for class 2 aquatic uses; (2) the toxicity of ammonia and nitrites/nitrates; and (3) the toxicity of heavy metals. X. Consideration of response to EPA letter regarding its variance audit. XI. Discussion of Petition by Wheatridge Sanitation District for Reconsideration, Variance, Hearing and Adjudicatory Hearing concerning their discharge permit #0024121. XII. Water Quality Control Division briefing on storm sewer regulatory concepts. XIII. DIRECTOR'S REPORT XIV. ATTORNEY GENERAL'S REPORT NOTE: Any portion of the business meeting may be taken up any time after the call to order; hearings may be reconvened at such times and places as the Commission may determine. -8- ��0ENT OF Ate 4P les 4 WATER QUALITY CONTROL COMMISSION .CI i P 00 9j, rrt. n P• OF COO Q SUMMARY OF PROCEEDINGS/MOTIONS DECEMBER 3 & 4, 1984 The meeting of the Water Quality Control Commission was called to order by Chairman Baumgartner in Room 150, Colorado Department of Health Building, 4210 E. 11th Avenue, Denver, Colorado. MEMBERS PRESENT: Bruce Baumgartner, Linda Burger, Tad Foster, Cynthia Kahn, Robert Pearson, Myrna Poticha, Tom Smith, Jeffrey Todd, and Ben Urbonas were present on December 3, 1984. On December 4, 1984, all Commissioners were present except for Mr. Foster and Mr. Todd. STAFF PRESENT: Gary Broetzman, Jon Scherschligt, Tom Bennett, Greg Parsons, Mark Gdovin, Dennis Anderson, Cary Unkelbach and Rick Griffith (Assistant Attorneys General), Alan Stewart and Marsha Smith. APPROVAL OF AGENDA: The December 3 & 4, 1984 agenda with its addendum was approved as written. DENVER SOUTHEAST SUBURBAN WATER & SANITATION DISTRICT - ADJUDICATORY HEARING: Commissioner Urbonas moved that a decision on an appeal by the Denver Southeast Suburban Water & Sanitation District of the Water Quality Control Division's August 13, 1984, denial of the District's site application for an expansion of its wastewater treatment facility from 0.35 MGD to 1.4 MGD be tabled until next month and that the Commission then reexamine that decision. The motion was seconded by Commissioner Smith. Voting in favor of the motion were Commissioners Baumgartner, Burger, Smith, and Urbonas. Voting against it were Commissioners Kahn, Pearson, Poticha and Todd. The motion failed on a tie vote. Commissioner Poticha moved for denial of the appeal of the site application denial. It was seconded by Commissioner Todd. Voting in favor of the motion were Commissioners Kahn, Poticha and Todd. Voting against it were Commissioners Baumgartner, Burger, Pearson, Smith and Urbonas. The motion failed 5 to 3. 4210 EAST 11TH AVENUE DENVER,COLORADO 80220 PHONE (303) 320-8333 Summary of Proceedings/Motions December 3 & 4, 1984 Page 2 Commissioner Todd moved that the Commission table the issue for one month to the January meeting at which time deliberations would resume followed by a vote. This motion was seconded by Commissioner Kahn. Voting in favor of the motion were Commissioners Baumgartner, Burger, Kahn, Pearson, Smith, Todd, and Urbonas. Voting against it was Commissioner Poticha. The motion carried. The Administrator was directed to contact all the parties to the hearing to determine if they have reached agreement that additional evidence should be entered into the record. If so, the Administrator was directed to provide for proper notice of reopening the hearing and arranging for a court reporter to be present. ESTABLISHMENT OF TASK FORCE TO REVIEW THE BASIC STANDARDS: Commissioner Kahn moved that the Commission approve, with the changes it has made, the proposal of Commissioner Urbonas to establish a task force to review and study the technical issues related to the Basic • Standards. It was seconded by Commissioner Poticha. The motion was unanimously adopted. The Administrator and Division Director were asked to mail the task force document to the Division's paid mailing list and others such as university faculty. Additionally, it was requested that a press release be made indicating that a state commission intends to address difficult water quality issues and solicits help. ADOPTION OF POLICY STATEMENTS REGARDING HEARINGS ON SITE SPECIFIC ISSUES, ISSUES OF STATEWIDE INTEREST, AND TRIENNIAL REVIEW: Commissioner Smith moved for approval of a policy statement of the Commission concerning scheduling of water quality standards setting and classification rulemaking hearings and hearings regarding permits requiring treatment beyond secondary and variances from permits. It was seconded by Commissioner Pearson. This motion was remade by Commissioner Kahn and seconded by Commissioner Urbonas. The motion carried unanimously. The Administrator was directed to mail the Commission's policy regarding triennial review to regional councils of government and designated planning agencies with a cover letter telling them that the enclosure is a draft policy and that the Commission would be very interested in receiving their thoughts and comments on it. COLORADO SPRINGS' PETITION TO AMEND THE EFFLUENT REGULATIONS: Commissioner Poticha moved that the Division Director be asked to evaluate the changes in the Regulations for Effluent Limitations (5 CCR 1002-3, 10.1.0) proposed by Colorado Springs and bring to the Commission -10- Summary of Proceedings/Motions Page 3 December 3 & 4, 1984 in January, 1985, a proposed notice of rulemaking hearing including staff analysis. It was seconded by Commissioner Kahn. The motion carried with Commissioner Smith voting against the motion. S.B. 10 EXECUTIVE LUNCH SESSION: Commissioner Poticha moved that the Commission go into executive session during the lunch hour to discuss a matter of possible pending litigation. This motion was seconded by Commissioner Kahn. The motion carried unanimously. DISCUSSION OF 1984 UPDATE OF DRCOG 208 PLAN: Commissioner Poticha moved for the Commission's adoption of the Denver Regional Council of Government's 1984 208 Areawide Water Quality Management Plan with exceptions and conditions. It was seconded by Commissioner Kahn. The motion carried unanimously. TOWN OF CASTLE ROCK BEING DESIGNATED AS A MANAGEMENT AGENCY UNDER DRCOG 208 PLAN: The Commission considered the concern of the Town of Castle Rock regarding whether or not it was delineated as a management agency in the Cherry Creek Basin. It was agreed that under the present 208 areawide water quality management plan of DRCOG that Castle Rock was a management agency within the Cherry Creek Basin but only coterminous with the Town's corporate limits and not in the entire urban service area of the Cherry Creek Basin as was done in the Plum Creek Basin. It was recognized that within the Cherry Creek Basin the only management • agencies were Arapahoe and Douglas County and the Town of Castle Rock. EXPANSION OF SERVICE AREA FOR ARAPAHOE WATER & SANITATION DISTRICT UNDER 1984 UPDATE OF DRCOG 208 PLAN: Commissioner Burger moved for approval of the portion of the 1984 208 Plan Update relating to the expansion of the service area for the Arapahoe Water and Sanitation District. It was seconded by Commissioner Smith. The motion carried. Opposing the motion were Commissioners Poticha and Kahn. DISAPPROVAL OF DE-DESIGNATION OF CITY OF LAKEWOOD AS A MANAGEMENT AGENCY UNDER 1984 UPDATE OF DRCOG 208 PLAN: Commissioner Poticha moved for approval of the wording of topic number four of the Commission's statement of conditions and exceptions in its approval of the DRCOG 208 Plan Update, which states in essence that the de—designation of the City of Lakewood as a management agency is not approved with reasons. It was seconded by Commissioner Pearson. The motion passed unanimously. Summary of Proceedings/Motions 'Page 4 December 3 & 4, 1984 COMMISSION'S STATEMENT OF CONDITIONS AND EXCEPTIONS REGARDING DRCOG 208 PLAN UPDATE: Commissioner Poticha moved for adoption of items three through ten of the Commission's statement of conditions and exceptions in its approval of the DRCOG 208 Plan Update including those minor changes on number eight concerning wasteload allocations which was renumbered to nine. It was seconded by Commissioner Pearson. The motion carried unanimously. With this motion the Administrator was directed to prepare letters to the Governor and EPA's Regional Administrator with the conditions and exceptions. APPROVAL OF NOTICES OF RULEMAKING FOR BIG THOMPSON AND CACHE LA POUDRE RIVERS: Commissioner Kahn moved for withdrawal of the Notice of Rulemaking Hearings on the Big Thompson and Cache la Poudre Rivers based on the Commission's previously accepted policy. It was seconded by Commissioner Pearson. At the request of Commissioner Burger, Commissioner Kahn with the concurrence of Commissioner Pearson amended the motion to pertain only to the Big Thompson River, Segments 4 and 5. The motion carried with Commissioner Poticha voting in opposition. Commissioner Pearson moved for withdrawal of the Notice of Rulemaking Hearing for the Cache la Poudre River which was approved by the Commission in November, 1984. It was seconded by Commissioner Urbonas. Commissioner Kahn moved to amend the motion to revise the Notice of Rulemaking for Segments 11 and 12 of the Cache la Poudre to limit the hearing only to replacing the 0.5 mg/1 nitrite/nitrogen standard with a 2.0 mg/1 nitrite/nitrogen standard. The amendment was seconded by Commissioner Smith. The amendment carried. Commissioner Poticha voted against the amendment and Commissioner Burger abstained. The underlying motion carried unanimously with Commissioner Burger abstaining. The Administrator was directed to add the required dates to the notice and revise the statements of basis and purpose and fiscal impact to pertain only to the nitrite/nitrogen standard proposal. APPROVAL OF NOTICE OF RULEMAKING FOR COAL AND BOULDER CREEK: Based on the discussion the Chairman removed from the agenda Administrator's Item "D", Approval of Notice of Rulemaking for Coal Creek and Boulder Creek. APPROVAL OF NOTICE OF RULEMAKING FOR STANDLEY LAKE AND CLEAR CREEK: Commissioner Smith moved to approve the Notice of Rulemaking Hearing with respect to Segment 2 of Big Dry Creek, Standley Lake, with minor modifications as necessary, and to amend the Notice to delete the provisions concerning Segments 14 and 15 of Clear Creek. It was seconded by Commissioner Poticha. The motion carried with Commissioner Summary of Proceedings/Motions December 3 & 4, 1984 Page 5 Pearson voting in opposition. In response to a request for the Commission's rationale for its decision made by the proponents of a hearing concerning Clear Creek, the Chairman stated: "The issues on the Standley Reservoir are outside the Statewide issues that are going to be given to the task force to investigate; they focus on drinking water which the Commission feels is an important classification to protect; lastly, there seems to be some compelling need to impose the standard and provide the protection." Commissioner Smith added that as far as the Clear Creek segments were concerned, the Commission had no information as to what the proposed numbers are nor any indication that there is new information from that contained in the record of the previous hearing on those segments. He also said: "It seems premature to move forward and there is no indication that the dischargers will be immediately affected by this delay." APPROVAL OF NOTICE OF INFORMATIONAL HEARING FOR TRIENNIAL REVIEW - ARKANSAS RIVER BASIN: It was agreed that triennial review of the Arkansas, San Juan, and Rio Grande River Basins be held in a single informational hearing in May, 1985. APPROVAL OF NOTICE OF INFORMATIONAL HEARING FOR TRIENNIAL REVIEW OF REGULATIONS CONCERNING PETROLEUM PRODUCTS AND POLLUTION FROM FEEDLOTS: Commissioner Kahn moved for approval of a Notice of Informational Hearing for triennial review of regulations concerning petroleum products (5 CCR 1002-13 7.4.6 and regulations for the control of water pollution from feedlots (5 CCR 1002-5 8.1.0). It was seconded by Commissioner Pearson. There appeared to be general consensus in favor of the motion but no formal vote was taken. APPROVAL OF NOVEMBER 5, 1984 SUMMARY OF MOTIONS: Commissioner Burger moved for approval of the Summary of Proceedings and Motions for November 5, 1984, as corrected. It was seconded by Commissioner Pearson. Commissioner Pearson agreed to accept the corrections to be made by Commissioner Kahn. There appeared to be general consensus in favor of the motion, but no formal vote was taken. AGENDA ITEMS POSTPONED TO JANUARY, 1985 MEETING: The following agenda items were postponed until the January, 1985, meeting: 1. Colorado Springs' petition for rulemaking to amend the effluent regulations: to be addressed if approval of a new Notice of Rulemaking for 5 CCR 1002-3 10.1.0 is granted by the Commission. Summary of Proceedings/Motions Page 6 December 3 & 4, 1984 2. Approval of wording of regulatory changes regarding amendments to the Procedural Regulations (5 CCR 1002-1) for a Notice of Rulemaking Hearing. 3. Discussion of regulatory requirements for general permits including comments on behalf of the Colorado Mining Association (tabled from previous two meetings). 4. Discussion of safety and reliability of breakpoint chlorination for ammonia conversion (tabled from previous two meetings). 5. Discussion of individual sewage disposal systems (tabled from previous two meetings). APPROVED: January 7, 1985 (Date) -15- nerCmodO WATER QUALITY CONTROL COMMISSION 1848 SUMMARY OF NOTICES OF RULEMAKING PUBLIC RULEMAKING HEARINGS BEFORE THE COLORADO WATER QUALITY CONTROL COMMISSION WILL BE HELD: I. On Monday, April 1, 1985, at 2:00 P.M. , in Room 150., Colorado Department of Health Building, 4210 E. 11th Avenue, Denver, Colorado, for consideration of amendments to the Commission's current regulation titled: "Procedural Regulations for All Proceedings Before the Water Quality Control Commission and the Water Quality Control Division" (5 CCR 1002-1). 1. To section 2.1.3 "C. Notice: add to sub-section 5)": THE NOTICE OF RULEMAKING SHALL INCLUDE THE FOLLOWING: a) THE LANGUAGE OF THE PROPOSED RULE; b) A STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE; and c) A FISCAL IMPACT STATEMENT. IF THE COMMISSION DETERMINES IN ITS DISCRETION THAT ANY SUCH INFORMATION IS TOO LENGTHY FOR PUBLICATION, IT MAY BE SUMMARIZED IN THE NOTICE PROVIDED THAT THE FULL TEXT OF SUCH INFORMATION SHALL BE MADE AVAILABLE TO THE PUBLIC AT THE OFFICE OF THE COMMISSION AT THE TIME OF THE NOTICE. 2. To section 2.1.3 "K. Final Agency Action and Post—hearing Procedures" sub—section 1) add the following: IF ANY CHANGE IS TO BE MADE IN THE ADOPTION OF A RULE FROM THAT PROPOSED, WHICH WAS NOT MADE AVAILABLE AT LEAST FIVE DAYS PRIOR TO SAID HEARING, THE COMMISSION SHALL ANNOUNCE AT A PUBLIC HEARING PRIOR TO ADOPTION THE DATE OF AVAILABILITY TO ANY PARTY OF THE RULE AS AMENDED. SUCH PARTIES SHALL BE PROVIDED AT LEAST FOUR WORKING DAYS FOLLOWING THE DATE OF AVAILABILITY TO SUBMIT WRITTEN COMMENTS PRIOR TO FINAL ADOPTION. IF A RULE IS ADOPTED IN A FORM AMENDING THE PROPOSED RULE, THE FISCAL IMPACT STATEMENT AND STATEMENT OF BASIS AND PURPOSE SHALL BE REVISED TO EXPLAIN THE BASES FOR ANY SUCH CHANGES. 491n FAST 11TH AVENUE DENVER_COLORADO 80220 PHONE (303) 320-8333 Summary of Notices of Hearing Page 2 3. To section 2.1.3 "B. Proposals for Rulemaking add under sub—section 2) the following new sub—paragraph (c): ANY PERSON WHO PETITIONS THE COMMISSION TO AMEND A USE CLASSIFICATION OR WATER QUALITY STANDARD MUST SUBMIT EVIDENCE TO THE COMMISSION THAT SUCH PROPOSAL HAS BEEN SUBMITTED TO THE APPROPRIATE 208 PLANNING AGENCY(IES) FOR REVIEW, AND SHALL INCLUDE EVIDENCE OF THE RESPONSE OF SUCH AGENCIES TO THE PROPOSAL, WHICH RESPONSE SHALL BE CONSIDERED BY THE COMMISSION IN ACTING ON ANY SUCH PROPOSAL. WHEN THE COMMISSION PROPOSES TO AMEND A USE CLASSIFICATION OR WATER QUALITY STANDARD BASED ON A PETITION FROM ANY PERSON, INCLUDING A REQUEST MADE AT TRIENNIAL REVIEW, THE ADVOCATE OF SUCH CHANGE SHALL BEAR THE BURDEN OF PROOF WITH RESPECT TO THE PROPOSAL AND THE COMMISSION SHALL NOT BE DEEMED TO SUPPORT THE PROPOSAL BASED MERELY ON THE DECISON TO CONDUCT A RULEMAKING HEARING. THE COMMISSION'S AND THE DIVISION'S PRELIMINARY POSITIONS WITH RESPECT TO THE PROPOSAL SHALL BE INCLUDED IN THE NOTICE OF PROPOSED RULEMAKING. THE DIVISION SHALL OFFER INTO EVIDENCE ANY RELEVANT INFORMATION REASONABLY AVAILABLE TO IT AT THE TIME OF THE HEARING. 4. To section 2.1.3 "L. Procedures to be Followed in Classifying State Waters, Setting Water Quality Standards and Adopting Control Regulations" add the following new sub—section 7): TRIENNIAL REVIEW FOR ANY REGULATION (REQUIRED BY STATUTE) SHALL COMMENCE WITH A PUBLIC INFORMATIONAL HEARING HELD BY THE COMMISSION. REQUESTS FOR REGULATORY CHANGES SHALL BE SUBMITTED TO APPROPRIATE 208 PLANNING AGENCIES FOR REVIEW PRIOR TO A DETERMINATION TO ACT ON ANY SUCH REQUEST. II. On Monday, May 6, 1985, at 10:00 A.M. , Centennial Hall Auditorium, 200 South Cascade Avenue, Colorado Springs, Colorado, for consideration of amendments to the Commission's current control regulation titled: "Regulations for Effluent Limitations" (5 CCR 1002-3) 1. Amend Section 10.1.3(1)(a). to appear as follows: (1) Parameters and Parameter Limitations PARAMETERS PARAMETER LIMITATIONS 7—Day Average 30—Day Average (a) BOD5 45 mg/11/ 4/ 30 mg/l 1/ 4/ -17- Summary of Notices of Hearing Page 3 2. Amend Section 10.1.3(2) to read: 1/ Analyses of wastewater discharges for 8005, CBOD5, and suspended solids shall be based on the following: (the change is the underlined scientific abbreviation). 3. Add to Section 10.1.3(2)(e) the following footnote: 4/ THE BOD5 PARAMETER CONCENTRATION LIMITS MAY BE REPLACED WITH CONCENTRATION LIMITS FOR CBOD5 AT THE REQUEST OF THE PERMITTEE AS INDICATED BELOW. 4. Add to Section 10.1.3 Specific Limitations for the Discharge of Wastes, the following new sub—section: (4) CBODS PARAMETER LIMITATIONS PARAMETERS PARAMETER LIMITATIONS 7-Day Average 30-Day Average CBOD5 40 mg/1 1/ 25 mg/1 1/ Party status requests for these hearings must be in the office of the Commission by 5:00 P.M. , February 27, 1985, for the Procedural Regulations and March 12, 1985, for the Effluent Limitations. The prehearing conferences will be held: 1) for the Procedural Regulations, March 14, 1985, at 9:00 A.M. , Room 412, Dept. of Health Bldg. ; and 2) for the Effluent Limitations, April 9, 1985, at 9:00 A.M. , Room 250, Dept. of Health Bldg. Public participation is encouraged. The Notices of Hearing will be published February 10, 1985, in the Colorado Register, obtainable from the Colorado Records Corp. , 1666 Lafayette Street, Denver, CO 80218 - telephone 832-8262. Hello