(1) The commission shall develop
and maintain a comprehensive and effective program for prevention, control, and
abatement of water pollution and for water quality protection throughout the entire
state and, to ensure provision of continuously safe drinking water by public water
systems, and, in connection therewith, shall:
(a) Classify state waters in accordance with section 25-8-203;
(b) Promulgate water quality standards in accordance with section 25-8-204;
(c) Promulgate control regulations in accordance with section 25-8-205;
(d) Promulgate permit regulations in accordance with sections 25-8-501 to
25-8-504;
(e) Perform duties assigned to the commission in part 7 of this article with
respect to the location, design, construction, financing, and operation of domestic
wastewater treatment plants;
(f) Review from time to time, at intervals of not more than three years,
classification of waters, water quality standards, and control regulations which it
has promulgated;
(g) Promulgate rules and adopt priority ranking for the administration of
federal and other public source construction loans or grants, and grants from the
water quality improvement fund, which the commission or the division administers
and which shall not be expended for any purpose other than that for which they
were provided;
(h) Advise and consult and cooperate with other agencies of the state, the
federal government, and other states, and with groups, political subdivisions, and
industries affected by the provisions of this article and the policies or regulations of
the commission;
(i) Exercise all incidental powers necessary or proper for carrying out the
purposes of this article including the powers to issue and enforce rules and orders;
(i.5) Promulgate rules and regulations to govern the division's certification
activities pursuant to section 401 of the federal act;
(j) Perform such other duties as may lawfully be assigned to it by Colorado
statutes;
(k) Act as an appellate body to review all determinations by the division
except those determinations dealing with surface water discharge permits or
portions thereof;
(l) Coordinate with the United States secretary of the interior and the United
States secretary of agriculture to develop water quality management plans for
federal lands pursuant to 16 U.S.C. sec. 530, 16 U.S.C. sec. 1604, and 43 U.S.C. sec.
1712;
(m) Adopt rules providing minimum standards for the location, construction,
performance, installation, alteration, and use of on-site wastewater treatment
systems within the state of Colorado, in accordance with section 25-10-104;
(n) Adopt minimum general sanitary standards for drinking water systems in
accordance with section 25-1.5-202;
(o) Develop additions or modifications to the drinking water project eligibility
list in accordance with section 37-95-107.8, C.R.S.;
(p) Establish, and revise as necessary, a schedule of nonrefundable fees to
cover the reasonable costs of implementing a program for the beneficial use of
biosolids, in accordance with section 30-20-110.5, C.R.S.; and
(q) Hear appeals of penalties imposed pursuant to section 25-1-114.1 (2.5) for
a violation of minimum general sanitary standards and regulations for drinking
water.
(2) The commission shall have authority to implement the legislative
declaration as prescribed in section 25-8-102.
(3) The commission shall hold a public hearing during the month of October
of each year in order to hear public comment on water pollution problems within the
state, alleged sources of water pollution within this state, and the availability of
practical remedies therefor; and at such hearing the commission, administrator, and
division personnel shall answer reasonable questions from the public concerning
administration and enforcement of the various provisions of this article, as well as
rules and regulations promulgated under the authority of this article.
(4) The commission shall employ an administrator and shall delegate to such
administrator such duties and responsibilities as it may deem necessary, including
acting as a hearing officer for the commission; but no authority shall be delegated
to such administrator to promulgate standards or regulations, or to make
determinations, or to issue or countermand orders of the commission. Such
administrator shall have appropriate practical, educational, and administrative
experience related to water quality control and shall be employed pursuant to
section 13 of article XII of the state constitution.
(5) Repealed.
(6) The commission is hereby designated as the state water pollution control
agency for this state for all purposes of the federal act. The commission shall
maintain a program which does not conflict with the provisions of the federal act
and is hereby authorized to take all action necessary and appropriate to secure to
this state, its municipalities, or intermunicipal or interstate agencies the benefits of
said act.
(7) The commission and the division shall recognize water quality
responsibilities of the following state agencies, referred to in this subsection (7) as
the implementing agencies: The office of mined land reclamation; the state
engineer; the energy and carbon management commission created in section 34-60-104.3 (1); and the state agency responsible for activities related to the federal
Resource Conservation and Recovery Act of 1976, 42 U.S.C. sec. 6901 et seq., as
amended, and related state programs. Activities subject to the jurisdiction of the
implementing agencies that result in discharge to state waters shall be regulated
as follows:
(a) The commission shall be solely responsible for the adoption of water
quality standards and classifications for state waters affected by such discharges.
Except as set forth in paragraph (b) of this subsection (7), such classifications and
standards shall be implemented by the implementing agencies, after consultation
with the division and the commission, through their own programs. For the purpose
of subsection (7), water quality standards and classifications under this section for
state waters other than surface waters shall not specify applicable points of
compliance, but such points of compliance shall be adopted, in accordance with
criteria established through rule-making after public hearing and consultation with
the commission and division, by the appropriate agency with jurisdiction as
specified in paragraph (b) of this subsection (7) so as to protect present and future
beneficial uses of water.
(b) (I) The division shall be solely responsible for the issuance and
enforcement of permits authorizing point source discharges to surface waters of
the state affected by such discharges.
(II) Neither the commission nor the division shall require permits for, or
otherwise regulate, other activities subject to the jurisdiction of the implementing
agencies, unless the commission finds, after notice and public hearing, that:
(A) Such regulation is necessary to assure compliance with the federal act,
the provisions of articles 80 to 93 of title 37, C.R.S., or water quality standards and
classifications adopted for state waters or to protect present and future beneficial
uses of water; or
(B) Such regulation is necessary to avoid the imposition of a disproportionate
burden on other dischargers or classes of dischargers to the affected state waters
who are subject to the requirements of this article; or
(C) The implementing agency fails to provide reasonable assurance that
compliance with this subsection (7) has been obtained through its own programs.
(III) Regulation by the commission under this paragraph (b) shall be
undertaken solely through the adoption of control regulations under section 25-8-205, or permit regulations under section 25-8-501, and the division may enforce
such regulations as provided in this article.
(c) Nothing in this subsection (7) shall relieve any activity from participation
in waste load allocation proceedings under this article or limit the emergency
authority of the division pursuant to section 25-8-307.
(d) This subsection (7) is intended to restate and clarify existing law and to
provide a procedure for coordination between state agencies which have
responsibilities to implement water quality protection of state waters. It is not
intended either to grant additional jurisdiction to any agency or to curtail the
jurisdiction of any agency to fulfill its statutory responsibilities, including
jurisdiction to maintain a program consistent with the requirements of the federal
Resource Conservation and Recovery Act of 1976, as amended.
(8) (a) The commission may adopt rules more stringent than corresponding
enforceable federal requirements only if it is demonstrated at a public hearing, and
the commission finds, based on sound scientific or technical evidence in the record,
that state rules more stringent than the corresponding federal requirements are
necessary to protect the public health, beneficial use of water, or the environment
of the state. Those findings shall be accompanied by a statement of basis and
purpose referring to and evaluating the public health and environmental
information and studies contained in the record which form the basis for the
commission's conclusion.
(b) The existing policies, rules, and regulations of the commission and
division shall be applied in conformance with section 25-8-104 and this section.