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HomeMy WebLinkAbout3.0 CorrespondenceGlenn Hartmann From: Tamra Allen Sent: Tuesday, June 09, 2015 2:35 PM To: Glenn Hartmann Cc: Kelly Cave Subject: FW: notice for lift station review? Glenn — this is some back-up information on the lift station site application. Sorry I forgot to send it to you before I left. Do note, that I believe the county only has 30 days to review this application. Thank you, Tamra Allen, Planning Manager Garfield County, Colorado tallen@garfield-county.com (970)945-1377 x1630 From: Kelly Cave Sent: Friday, May 15, 2015 9:26 AM To: Tamra Allen Subject: RE: notice for lift station review? Just following up from our phone call yesterday. 5 CCR 1002-22 applies. It appears that we have 60 days to review. I picked out some applicable sections: (18) "LIFT STATION" (PUMPING STATION) means a wastewater pumping station that pumps the wastewater to a different point when the continuance of the sewer at reasonable slopes would involve excessive depths of bury or that pumps wastewater from areas too low to drain into available sewers. This definition does not include wastewater pumping stations for single family residences or clusters of five or fewer single family residences or other small buildings, as long as they receive less than two thousand gallons per day of domestic wastewater. Lift stations are appurtenances to domestic wastewater treatment works. 22.3 DECLARATION OF POLICY FOR THE SITE LOCATION APPROVAL PROCESS • (1) Based on section 25-8-702(2) C.R.S., in evaluating the suitability of a proposed site location for a domestic wastewater treatment works, the Division shall: o (a) Consider the local long-range comprehensive plans for the area as they affect water quality and any approved water quality management plan for the area; o (b) Determine that the proposed domestic wastewater treatment works can be managed to minimize the potential adverse impact on water quality and in accordance with the preliminary effluent limits developed in accordance with subsection 22.4(1)(b)(iii); and o (c) Encourage the consolidation of wastewater treatment works whenever feasible with consideration for such issues as water conservation, water rights utilization, stream flow, water quality, or economics. • (2) Each application for site location approval of a domestic wastewater treatment works shall be reviewed to ensure: o (a) That the existing treatment works will not be overloaded when connecting new lift stations or interceptors subject to site application requirements of sections 22.6 and 22.7; 1 o (b) That the proposed treatment works is developed considering the local long-range comprehensive plans for the area as it affects water quality and the approved water quality management plans for the area; o (c) That the proposed treatment works can protect water supplies by meeting its discharge permit (where applicable) which is based on water quality standards and/or appropriate waste load allocation; o (d) That the proposed treatment works has been properly reviewed by all appropriate local, state, and federal government agencies and 208 planning agencies; o (e) That the proposed treatment works can be operated and managed at the proposed site location to minimize foreseeable potential adverse impacts on the public health, welfare, and safety, as related to wastewater treatment and/or water quality; o (f) That the applicant is capable of providing for adequate treatment works construction and operational management, including legal authority and financial capabilities, to meet its preliminary effluent limitations developed in accordance with subsection 22.4(1)(b)(iii), where applicable, and minimize potential adverse impacts on water quality on a long-term basis; o (g) That the proposed treatment works be so located that it is not unnecessarily endangered by natural hazards; and o (h) That the objectives of other water quality regulations will not be adversely affected. • (3) In the interest of facilitating a more effective and timely review of individual applications, counties, other local governments and 208 planning agencies are encouraged to establish and implement a coordinated review and comment process. (4) In the interest of facilitating a more effective and timely review of proposed new and expanded domestic wastewater treatment works, each planning agency may establish and implement a coordinated review and comment process to carry out the provisions of this regulation in coordination with its water quality planning responsibilities. Where a 208 planning agency wishes to establish such a coordinated process, the Division may enter into an agreement with the 208 planning agency specifying the procedures for this coordinated process. The intent is to establish a single process 1) to meet these site location approval requirements and 2) to meet the requirements for amendments to the water quality management plan. The process should be designed so that a new or expanded domestic wastewater treatment works that which is approved as a part of the water quality management plan may be concurrently deemed to also meet the requirements of these site approval regulations at the time of its inclusion in the plan. Under such a coordinated process, the Division retains final authority for approval or denial of each project that is regulated under these site location approval regulations. 22.7 APPLICATION PROCEDURES FOR INTECEPTOR SEWERS NOT ELIGIBLE FOR CERTIFICATION AND LIFT STATIONS o (1) The application for site location approval for interceptors not eligible for certification as provided for in section 22.6 and all lift stations (new or expanding) shall be made to the Division on the proper form. Prior to submitting the form to the Division, the application must be submitted to the local authorities and the 208 planning agency for review and comment in accordance with sections 22.7(2) and 22.7(3). These forms shall be available from the Water Quality Control Division, 4300 Cherry Creek Drive South, Denver, Colorado, 80246-1530 and on the Division's web page. The applicant shall also provide an adequate engineering report describing the proposed lift station and/or interceptor sewer. As a minimum, the report shall address the following: • (a) Name and address of the applicant; 2 • (b) A map identifying the site of the proposed facilities, topography of the area, and neighboring land uses; • (c) Service area for the lift station, including existing and projected population, and flow/loading projections showing projected flow and loading over the following 20 years; • (d) Identification of the treatment entity responsible for receiving and treating the wastewater; • (e) Legal arrangements showing control of the site or right-of-way for the project life or showing the ability of the entity to acquire the site or right-of-way and use it for the project life; • (f) Confirmation, in writing, from the wastewater treatment entity that it: ■ (i) Will treat the wastewater; • (ii) Is not presently receiving wastes in excess of its design capacity as defined in its site location approval and/or discharge permit, or is under construction, or will be in a phased construction of new or expanded facilities, and will have the necessary capacity to treat the projected discharge from the new interceptor sewer or from the new or expanded lift station. Projections of flow and loading to the treatment plant over the period during which build out of the service area will occur or twenty years, whichever is less as well as current and future plant capacity information must be provided to demonstrate the plan for maintaining adequate treatment capacity. Any proposed treatment plant phased construction must be shown in the Water Quality Management Plan, or by appropriate planning and engineering studies; • (iii) Has not been in violation of any effluent limitations in its discharge permit for the last two years and is not operating under a Notice of Violation and/or Cease and Desist Order from the Division resulting from discharge permit violations. Alternatively, if there have been effluent violations or if the treatment plant is operating under a Notice of Violation and/or Cease and Desist Order from the Division, then the Division will evaluate the situation and the treatment entities' proposed corrective measures to achieve consistent compliance and determine if approval should be granted, granted with conditions, or denied; • (g) Evidence that the lift station and/or interceptor sewer will be properly operated and maintained; • (h) Management capabilities for controlling the wastewater loadings within the capacity limitations of the proposed interceptor sewer or lift station, i.e., user contracts, operating 3 agreements, pretreatment requirements and/or the management capabilities to expand the facilities as needed (subject to the appropriate, future review and approval procedures); • (i) Financial system which has been developed to provide for necessary capital and continued operation, maintenance, and replacement through the life of the project. This would include, for example, anticipated annual budget and the fee and rate structure; • (j) Demonstration of the owner's capability to operate and maintain the facility, which shall include an emergency operations plan. The emergency operations plan shall outline procedures to minimize the possibility of sanitary sewer overflows and health hazards to the public and operations personnel. The emergency operations plan shall include information on, but not be limited to telemetry, backup power supply identification, portable emergency pumping equipment, emergency storage/overflow protection, and operator emergency response time; • (k) Implementation plan and schedule including estimated construction time and estimated start-up date; and • (1) To notify the public, and provide additional opportunity for public input, the posting requirements given in section 22.4(3) shall also apply to all new lift stations.—this applies to posting of the property for 15 continuous days prior to the application being submitted to the Division. o (2) The application shall be forwarded to the city, town, or county in whose jurisdiction(s) the lift station and/or interceptor sewer is to be located for review and comment. The local authorities are requested to review and comment upon: the relationship of the lift station and/or interceptor to its local comprehensive plan and/or utility plan for the community as it affects water quality; the proposed site location alternatives including the location with respect to the flood plain; and the capacity to serve the planned purpose. A recommendation of approval from the local authority is considered to be a statement that the proposal is consistent with the water quality considerations contained in its local comprehensive plan. If the local authority does not review and comment on the application within 60 days, the applicant may submit the application to the Division without such comments and/or recommendations. Upon receipt of any application lacking the comments or recommendation of an appropriate review entity, the Division shall contact that agency and provide a period of seven (7) days for the agency to provide comments and/or a recommendation or to explain the absence of such comments and/or recommendation. o (3) The application shall be forwarded to the 208 planning agency for the area in which the facilities are to be constructed and for the area to be served by those facilities for review and comment. A recommendation of approval from the appropriate 208 planning agency (agencies) is considered to 4 be a statement that the proposal is consistent with any adopted water quality management plan(s). If the 208 planning agency does not review and comment on the application within 60 days, the applicant may submit the application to the Division without such comments and/or recommendations. Upon receipt of any application lacking the comments or recommendation of the 208 planning agency, the Division shall contact that agency and provide a period of seven (7) days for the agency to provide comments and/or a recommendation or to explain the absence of such comments and/or recommendation. o (4) For all applications meeting the above criteria, the Division will adopt the recommendation of the 208 planning agency, assuming that the recommendation is consistent with that of the other review agencies, unless it is aware of potential adverse impacts from the project to water quality or the public health, safety or welfare not identified or addressed in the application. If the 208 planning agency does not provide a recommendation, or if the review agencies do not agree on the recommendation, then the Division will review and act on the application in accordance with section 22.9. Kelly Cave Assistant County Attorney 970-945-9150 From: Tamra Allen Sent: Thursday, May 14, 2015 10:57 AM To: Kelly Cave Subject: notice for lift station review? Have you had a chance to read through the C.R.S. in regard to noticing for wastewater treatment facilities? Tamra Allen, Planning Manager Garfield County, Colorado tallen@garfield-county.com (970)945-1377 x1630 5 FOCUS - 1 Result - 208 FOCUSTM Terms Advanced... View Planning Agency Full Search Within Original Results (1 - 55) V loft Book Browse C.R.S. 25-8-105 (Copy w/ Cite) Page 1 of 2 Go View Tutorial Pages: 2 C.R.S. 25-8-105 COLORADO REVISED STATUTES * This document reflects changes current through all laws passed at the Second Regular Session of the Sixty -Ninth General Assembly of the State of Colorado (2014) and changes approved by the electorate at the November 2014 election * TITLE 25. HEALTH ENVIRONMENTAL CONTROL ARTICLE 8. WATER QUALITY CONTROL PART 1. GENERAL PROVISIONS C.R.S. 25-8-105 (2014) 25-8-105. Regional wastewater management plans - amendments (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. http://web.lexisnexis.com/research/retrieve?_m=fedbdea00e 1 f22485a64686df752aef0&csv... 6/18/2015 FOCUS - 1 Result - 208 Page 2 of 2 (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. 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. View Full 1 of 1 Book Browse C.R.S. 25-8-105 (Copy w/ Cite) Pages: 2 LexisNexis'' About LexisNexis I Privacy Policy 1 Terms & Conditions 1 Contact Us Copyright © 2015 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. http://web.lexisnexis.com/research/retrieve? m=fedbdea00e 1 f2248 5 a64686df75 2aef0&c sv... 6/1 8/20 1 5