§ 25-8-105 — Regional wastewater management plans - amendments

Colorado § 25-8-105

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Water Quality Control

Text

(1) (a)
Regional wastewater management plans which include plans known for purposes
of the federal act as 208 plans may be developed by designated planning
agencies or by the state for nondesignated areas or for statewide purposes.

(b) Before submitting a proposed plan or amendment to the division, the
designated planning agency shall hold a hearing on the proposed plan or
amendment.

(c) The division shall consider any proposed plan or amendment developed
by the state.

(d) Notice of a hearing to be held pursuant to this subsection (1) shall be
given by at least one publication in a newspaper of general distribution in the area
of the proposed plan, and actual notice shall be given to anyone requesting such
notice. Such notice shall advise of the opportunity for interested persons to appear
and submit written or oral comments on the proposed plan or amendment. The
agency holding the hearing shall receive and consider all comments submitted on
the proposed plan or amendment.

(2) Each regional wastewater management plan and each amendment to
such a plan must be either developed or reviewed by the division.

(3) (a) The commission, after notice and hearing, shall approve or reject
proposed regional wastewater management plans and amendments thereto. The
commission shall approve, conditionally approve, or reject a plan or an amendment
developed by a management or planning agency within one hundred eighty days
after submittal of the plan or amendment by the management or planning agency
to the division. Only those portions of a regional wastewater management plan
which are adopted as a regulation by the commission pursuant to section 24-4-103,
C.R.S., shall be binding on regulatory decisions, including, but not limited to, site
approvals, construction grants, or point or nonpoint source control decisions. Only
those plans or portions thereof which are adopted by the commission as regulations
shall be binding for purposes of any federal law, regulation, or action.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (3), the
commission may delegate to the division the authority to approve, conditionally
approve, or reject nonrule-making amendments to regional wastewater
management plans. If the commission delegates such authority, the division shall
give notice of its decision on an amendment to the commission and to anyone who
has requested notice of amendments to the affected plan. Notice of such decision
shall also be included on the next commission agenda. Upon a request by any
affected person, the commission shall review the division's decision. The decision of
the division shall be final within forty-five days after agenda notice of the decision
has been given unless review is requested by an affected person.

(4) The governor may certify to the federal environmental protection agency
a regional wastewater management plan or an amendment thereto which has been
approved by the commission or an amendment thereto which has become final after
approval by the division. The governor may designate planning agencies for the
purposes of the federal act.

Legislative History

Source: L. 81: Entire article R&RE, p. 1313, � 1, effective July 1. L. 88: (3)(a) amended, p. 1019, � 1, effective July 1.