§ 25-8-702 — Approval for commencement of construction

(1) No person shall
commence the construction of any domestic wastewater treatment works or the
enlargement of the capacity of an existing domestic wastewater treatment works,
unless the site location and the design for the construction or expansion have been
approved by the division.

(2) In evaluating the suitability of a proposed site location for a domestic
wastewater treatment works, the division shall:

(a) Consider the local long-range comprehensive plan for the area as it
affects water quality and any approved regional wastewater management plan for
the area;

(b) Determine that the plant on the proposed site will be managed to
minimize the potential adverse impacts on water quality; and

(c) Encourage the consolidation of wastewater treatment facilities whenever
feasible.

(3) Ninety days prior to commencement of construction of an interceptor
line, the entity responsible for that line shall notify the planning agency and the
division of such construction. This notification shall be accompanied with a
certification by the agency receiving the wastewater for treatment that it has or will
have the capacity to treat the projected wastewater from that interceptor line in
accordance with the treatment agency's site approval and discharge permit. Within
thirty days of receipt of notification, the planning agency, or the division, if a
planning agency does not exist, shall certify that the proposed interceptor line has
the capacity to carry the projected flow. In the event the entity responsible for an
interceptor line does not have the said certification from the treatment agency and
the planning agency, the entity shall be required to apply for a site location
approval prior to commencement of construction.

(4) The decision of the division concerning approval of the site location or
design may be appealed to the commission. The commission shall hold a hearing on
the site location or design in accordance with the provisions of section 24-4-105,
C.R.S., and the decision of the commission shall be final administrative action for
the purposes of section 24-4-106, C.R.S.

Legislative History

Source: L. 81: Entire article R&RE, p. 1336, � 1, effective July 1. L. 88: (1) R&RE and (2)(a) amended, p. 1021, �� 8, 9, effective July 1.