As used in this article 8, unless the context otherwise
requires:
(1) Agricultural chemical means any of the following:
(a) A pesticide as defined in section 35-10-103, C.R.S.; or
(b) A commercial fertilizer as defined in section 35-12-103, C.R.S.
(1.1) Agricultural management area means a designated geographic area
defined by the commissioner of agriculture that includes natural or man-made
features where there is a significant risk of contamination or pollution of state
waters from agricultural activities conducted at or near the land surface.
(1.2) Agricultural management plan means any activity, procedure, or
practice adopted as a rule by the commissioner of agriculture pursuant to article 4
of title 24, in consultation with the Colorado cooperative extension service
established pursuant to part 7 of article 31 of title 23 and the water quality control
division, to prevent or remedy the introduction of agricultural chemicals into state
waters to the extent technically and economically practical.
(1.3) Best management practices means any voluntary activity, procedure,
or practice established by the department of agriculture, in consultation with the
Colorado cooperative extension service established pursuant to part 7 of article 31
of title 23 and the water quality control division, to prevent or remedy the
introduction of agricultural chemicals into state waters to the extent technically
and economically practical.
(1.4) Biosolids means the accumulated residual product resulting from a
domestic wastewater treatment works or other domestic sources. Biosolids does
not include grit or screenings from a wastewater treatment works or commercial
and industrial septage or on-site wastewater treatment systems regulated by
article 10 of this title.
(1.5) Commission means the water quality control commission created by
section 25-8-201.
(1.7) Commissioner means the commissioner of agriculture.
(2) Control regulation means any regulation promulgated by the
commission pursuant to section 25-8-205.
(3) Discharge of pollutants means the introduction or addition of a
pollutant into state waters.
(4) Division means the division of administration of the department of
public health and environment.
(5) Domestic wastewater treatment works means a system or facility for
treating, neutralizing, stabilizing, or disposing of domestic wastewater which
system or facility has a designed capacity to receive more than two thousand
gallons of domestic wastewater per day. The term domestic wastewater treatment
works also includes appurtenances to such system or facility, such as outfall
sewers and pumping stations, and to equipment related to such appurtenances. The
term domestic wastewater treatment works does not include industrial
wastewater treatment plants or complexes whose primary function is the treatment
of industrial wastes, notwithstanding the fact that human wastes generated
incidentally to the industrial processes are treated therein.
(6) Effluent limitation means any restriction or prohibition established
under this article or federal law on quantities, rates, and concentrations of
chemical, physical, biological, and other constituents which are discharged from
point sources into state waters, including, but not limited to, standards of
performance for new sources, toxic effluent standards, and schedules of
compliance.
(7) Executive director means the executive director of the department of
public health and environment.
(8) Federal act means the Federal Water Pollution Control Act,
commonly referred to as the Clean Water Act.
(8.3) (a) Graywater means that portion of wastewater that, before being
treated or combined with other wastewater, is collected from fixtures within
residential, commercial, or industrial buildings or institutional facilities for the
purpose of being put to beneficial uses authorized by the commission in accordance
with section 25-8-205 (1)(g); except that graywater use for purposes of scientific
research must comply with the requirements of section 25-8-205.3, but need not
comply with the commission's control regulations established under section 25-8-205 (1).
(b) Sources of graywater may include discharges from bathroom and laundry
room sinks, bathtubs, showers, laundry machines, and other sources authorized by
rule. Graywater does not include the wastewater from toilets, urinals, kitchen sinks,
dishwashers, or nonlaundry utility sinks. Graywater must be collected in a manner
that minimizes household wastes, human excreta, animal or vegetable matter, and
chemicals that are hazardous or toxic, as determined by the commission; except
that a person may collect, treat, and use graywater in a manner that departs from
the commission's control regulations established under section 25-8-205 (1) if the
person collects, treats, and uses graywater for purposes of scientific research in
accordance with the requirements of section 25-8-205.3.
(8.4) Graywater treatment works means an arrangement of devices and
structures used to:
(a) Collect graywater from within a building or a facility; and
(b) Treat, neutralize, or stabilize graywater within the same building or
facility to the level necessary for its authorized uses.
(8.5) Industrial discharger means any entity which introduces pollutants
into a domestic wastewater treatment works from any nondomestic source subject
to regulation under section 307 (b), (c), or (d) of the federal act.
(9) Irrigation return flow means tailwater, tile drainage, or surfaced
groundwater flow from irrigated land.
(10) Issue or issuance means the mailing to all parties of any order,
permit, determination, or notice, other than notice by publication, by certified mail
to the last address furnished to the agency by the person subject thereto or
personal service on such person, and the date of issuance of such order, permit,
determination, or notice shall be the date of such mailing or service or such later
date as is stated in the order, permit, determination, or notice.
(11) Municipality means any regional commission, county, metropolitan
district offering sanitation service, sanitation district, water and sanitation district,
water conservancy district, metropolitan sewage disposal district, service authority,
city and county, city, town, Indian tribe or authorized Indian tribal organization, or
any two or more of them which are acting jointly in connection with a sewage
treatment works.
(12) Permit means a permit issued pursuant to part 5 of this article.
(13) Person means an individual, corporation, partnership, association, state
or political subdivision thereof, federal agency, state agency, municipality,
commission, or interstate body.
(14) Point source means any discernible, confined, and discrete
conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit,
well, discrete fissure, container, rolling stock, concentrated animal feeding
operation, or vessel or other floating craft, from which pollutants are or may be
discharged. Point source does not include irrigation return flow.
(15) Pollutant means dredged spoil, dirt, slurry, solid waste, incinerator
residue, sewage, sewage sludge, garbage, trash, chemical waste, biological
nutrient, biological material, radioactive material, heat, wrecked or discarded
equipment, rock, sand, or any industrial, municipal, or agricultural waste.
(16) Pollution means the man-made, man-induced, or natural alteration of
the physical, chemical, biological, and radiological integrity of water.
(16.5) Pretreatment requirement and standard means any requirement,
prohibition, standard, concentration, or effluent limitation described in enforceable
pretreatment requirements by the commission pursuant to section 25-8-205 (1)(b),
(1)(c), or (1)(d).
(17) Promulgate means and includes authority to adopt, and from time to
time amend, repeal, modify, publish, and put into effect.
(17.5) Reclaimed domestic wastewater means wastewater that has
received treatment in accordance with section 25-8-205.7, 25-8-205.8, or 25-8-205.9 and that enables the wastewater to meet the requirements, prohibitions,
standards, and concentration limitations adopted by the commission for
subsequent reuses other than drinking.
(18) Schedule of compliance means a schedule of remedial measures and
times including an enforceable sequence of actions or operations leading to
compliance with any control regulation or effluent limitation.
(19) State waters means any and all surface and subsurface waters that
are contained in or flow in or through this state, including wetlands, but does not
include waters in sewage systems, waters in treatment works of disposal systems,
waters in potable water distribution systems, and all water withdrawn for use until
use and treatment have been completed.
(20) Water quality standard means any standard promulgated pursuant to
section 25-8-204.