Colorado Regulations Currently Impacting Impoundments

Transcription

1 5 CCR Colorado Reclaimed Water Control Regulation There shall be no impoundment or irrigation of reclaimed water within 100 feet of any well used for domestic supply unless: (a) in the case of an impoundment, the impoundment is lined with a synthetic material with a permeability of 10-6 cm/sec or less; or (b) In the case of irrigation, other precautions are implemented and included as a condition of the Notice of Authorization, to prevent contamination of the well. [ 84.9 (C) (9)] 5 CCR Colorado Discharge Permit System Regulations 61.2 DEFINITIONS (48) "LAND APPLICATION" is any discharge being applied directly to the land for land disposal or land treatment and does not include a discharge to surface waters even if such waters are subsequently diverted and applied to the land. (49) "LAND DISPOSAL" is any discharge or pollutant-containing waters being applied to land for which no further treatment is intended. (50) "LAND TREATMENT" is any discharge of pollutant-containing waters being applied to the land for the purpose of treatment Ground Water 61.14(1) APPLICABILITY (a) Pursuant to this section a permit shall be required for all land application discharges and for all discharges from impoundments unless: (i) The discharge is exempted under section 61.14(1)(b); (ii) The discharge is subject to the jurisdiction of one of the implementing agencies described in 61.14(2); (iii) The impoundment has received a waiver from the Division pursuant to section 61.14(9)(a); or (iv) The owner of a land application system can demonstrate that: (A) The design and operation of the system will result in complete evapotranspiration of the effluent; (B) There is adequate storage provided for the effluent during periods of inclement weather or where the ground has been frozen unless the provisions of (A) above, can be met during the entire year; and; (C) Any augmentation plan or substitute supply plan for the land application site does not provide a credit for return of the effluent to ground water. (v) Land application of reclaimed water is occurring under the provisions of a notice of authorization issued pursuant to Regulation 84, including any return flow. (b) The following facilities are specifically exempted from coverage under the ground water discharge provisions of this regulation: (i) Any impoundment subject to regulation under the Uranium Mill Tailings Radiation Control Act, 42 U.S.C., Section 7901, et seq. as amended. (ii) Any impoundment used in the treatment, storage or recharge of raw or potable water. (iii) Any stormwater retention or detention impoundment. (iv) Any impoundment or land application system for which a currently valid certificate of designation has been obtained pursuant to the Solid Waste Disposal Sites and Facilities Act, C.R.S. 1973, , et seq. as amended, and other impoundments or land application systems subject to regulation under that Act which are not part of a wastewater treatment system for which a Colorado Discharge Permit System (CDPS) permit for a discharge to surface waters is required. (v) Any tank which does not result in a discharge to ground water. Page 1 of 7

2 (vi) Any beneficial use of biosolids through land application pursuant to the "Biosolids Regulation," Regulation 64 (5 CCR ), or the beneficial use of septage through land application pursuant to 40 CFR 503. (vii) Any facility operating under a permit issued pursuant to the Underground Injection Control provisions of the Safe Drinking Water Act, 42 U.S.C. 300f, et seq. (viii) Any individual sewage disposal system with a design capacity of 2,000 gallons per day or less, if designed and constructed in accordance with requirements pursuant to the Individual Sewage Disposal System Act, section C.R.S., et. seq. (ix) Any onsite landscape irrigation system located on a domestic wastewater treatment plant site using treated effluent that is applied at an agronomic rate. (c) Any ground water permit conditions, limitations, or control plans established by the Division pursuant to these regulations shall only be subject to enforcement through the Colorado Water Quality Control Act section , C.R.S. et seq (9)(a) Impoundments (a) The owner of any impoundment who can demonstrate, using a method which has been approved by the Division, that the seepage from the impoundment does not exceed 1 X 10-6 cm/sec ("Allowable Seepage") will be considered not to have a discharge to waters of the state, by virtue of the insignificant nature of the seepage, and a waiver of the requirement to obtain a permit will be granted by the Division. In addition to demonstrating that the allowable seepage will not be exceeded, the owner must also receive the Division's concurrence, based on a review of the design, operating plan, and any other available information, that the type of liner or other impermeable material which is in place will maintain their integrity for the projected life of the impoundment. Such Division determination shall take into consideration the material(s) expected to be placed in the impoundment and other operation or maintenance factors which may affect the permeability. If the Division discovers that an incompatible material has been placed in the impoundment, or that proper operation and maintenance procedures for the specific type of liner or other impermeable material have not been followed, it may require a water balance or other additional testing to demonstrate that the seepage rate does not exceed the allowable seepage. Failure by the owner to conduct such testing will be grounds for the Division to require a permit for the discharge from the impoundment. (b) Any owner of an impoundment who fails to demonstrate that the seepage from the impoundment is less than or equal to 1 X 10-6 cm/sec shall be required to submit an application and obtain a permit as required in section 61.14(10) which follows. (c) Where effluent limits at a point of compliance are not required, due to a determination by the Division that no impact to ground water inconsistent with ground water standards or numerical protection levels is likely, the Division may require reasonable monitoring and reporting to continue to verify that the probability of impact to ground water is not significantly increasing due to the possible addition of new pollutants or to higher loading rates VARIANCES (a) A variance may be granted with respect to a standard, control regulation, or permit condition as provided in this section provided that the requirements for variances under the Federal Clean Water Act and the regulations promulgated thereunder are met (b) Variances from control regulations which have general applicability may be granted if the Division determines that the benefits derived from meeting the limitation(s) do not bear a reasonable relationship to the economic, environmental, and energy impacts or other factors which are particular to the applicant in complying with the control regulations; except that such variances shall be consistent with the purposes of the Water Quality Control Act and these regulations, including the protection of existing beneficial uses. Page 2 of 7

3 (c) Any request for a variance with respect to a permit condition shall be made not sooner than 90 days after the filing of a complete permit application and not later than 30 days after issuance of the permit by the Division. Requests for variances from any other application of a control regulation shall be made within thirty (30) days of legal notice by the Division of the regulation or prior to operation of any new or expanded facility which would be affected by the control regulations. A variance may also be sought within thirty (30) days of facts becoming available which had not been reasonably available to the applicant prior to that time or upon application to the Commission for good cause shown. (d) The Division shall approve or disapprove any variance request and issue its decision within ninety (90) days after receipt of all information submitted by the applicant and/or required by the Division for proper evaluation of the variance request If the Division requires additional information for evaluation, the applicant shall be advised by the Division within 30 days if, and in what respects, the request is incomplete. If additional information is requested by the Division, the Division shall have fifteen (15) days in addition to the ninety (90) day period, from the date each additional information packet is submitted to determine whether the additional information which was submitted satisfies the request and to advise the applicant if, and in what respects, the additional information does not satisfy the request. (e) The applicant for a variance shall submit any information which it desires the Division to review regarding the economic reasonableness of the control regulation, or other permit condition as it applies to the applicant and from which the variance is sought. If the applicant fails to submit such information, the Division will base its decision on information reasonably available to it. (f) Notice of a variance request shall be sent to anyone who has requested such notice and shall be included on the next Commission agenda. Within forty-five (45) days of issuance of a variance decision by the Division which does not involve discharge permit conditions required by the Federal Act, the Commission on its own motion or on the motion of the Division or any interested person may decide to review the variance decision. In such event an adjudicatory hearing pursuant to section , C.R.S., shall be held and the Commission may affirm, modify, or deny the decision. (g) A variance may be granted for no longer than the duration of the permit, During the duration of a permit, a variance may be renewed at the discretion of the Division in accordance with the same procedures which applied to the first variance decision. (h) The applicant for a variance shall be responsible for submitting any additional information that may be necessary to comply with the requirements for variances of the Federal Clean Water Act and the regulations promulgated thereunder. 5 CCR The Basic Standards for Groundwater 41.2 PURPOSE The purpose of these regulations is to establish statewide standards and a system for classifying ground water and adopting water quality standards for such classifications to protect existing and potential beneficial uses of ground waters DEFINITIONS. 1. Activity is any operation that may discharge or cause a discharge of pollutants to ground waters including but not limited to, point source discharges, pits, ponds, and lagoons used for Page 3 of 7

4 storage, treatment and/or disposal of pollutants, land application of wastewater, and non-point source discharges. Activity shall not include related operations, no matter how closely integrated physically or legally. Depending on classification of underlying groundwater, different water quality standards apply GROUND WATER QUALITY STANDARDS B. Numeric Standards. 6. The Commission may adopt site-specific standards in lieu of those listed in Tables 1 and 2 taking into account the factors prescribed in Section (4), C.R.S. and section The downgrading factors described in Regulation No. 31, section 6(2)(B) of the Basic Standards and Methodology for Surface Water shall not apply to the establishment of site-specific standards under this subsection. C. Statewide Standards 6. Interim Narrative Standard a. The Interim Narrative Standard in 41.5(C)(6)(b)(i) below is applicable to all ground water, to which standards have not already been assigned in the state, with the exception of those areas where the total dissolved solids (TDS) are equal to or exceed 10,000 mg/l. This standard is applicable independent of and in addition to the statewide standards for radioactive materials and organic pollutants established in this section 41.5.C. b. i.until such time as use classifications and numerical standards are adopted for the ground water on a site-specific basis throughout the state, and subject to the provisions of subsection (ii) below, ground-water quality shall be maintained for each parameter at whichever of the following levels is less restrictive: (A) existing ambient quality as of January 31, 1994, or (B) that quality which meets the most stringent criteria set forth in Tables 1 through 4 of The Basic Standards for Ground Water IMPLEMENTATION F. The Commission may grant variances from the standards specified in section 41.5 of these regulations on a case-by-case basis considering the factors listed in section (4) C.R.S., and where it is demonstrated by a preponderance of the evidence that a variance from the water quality standards specified in section 41.5 is most appropriate to the protection of the classified uses. The extent and duration of any such variance shall be made on a case-by-case basis. 5 CCR Site-Specific Water Quality classifications and Standards for Ground Water Same as Reg. No. 41 except for specific areas in Colorado. Page 4 of 7

5 Domestic Ground Water Permits General Permit COX : For Domestic Wastewater Treatment Systems with Land Disposal of Effluent. This permit covers facilities that discharge effluent from a WWTP that meets the effluent limitations under Reg. 61 and the groundwater standards under Reg. 41. Effluent is discharged to: Groundwater only (do not discharge to surface water), An unlined impoundment/infiltration basin where seepage rate is > 10-6 cm/sec, or A land disposal site (non-landscaped area) There is monitoring for influent influent and gw standards at a point prior to discharge to unlined pond and/or land disposal site and does not require gw monitoring wells. Reporting through DMRs. General Permit COX : For Domestic Wastewater Treatment Systems with Land Treatment of Effluent. This permit covers facilities that discharge effluent from a WWTP that meets the effluent limitations under Reg. 61 but does not meet the groundwater standards under Reg. 41. It covers facilities that: Discharge to groundwater only (do not discharge to surface water), Facilities that treat ww through land application, including discharge to an unlined impoundment/infiltration basin where seepage rate is > 10-6 cm/sec and/or discharge to a land disposal site (non-landscaped area). There is monitoring for influent influent and gw standards at a point prior to discharge to unlined pond and/or land disposal site and requires gw monitoring wells (upgradient and down-gradient) and/or lysimeters. Reporting through DMRs. General Permit COX : For Domestic Wastewater Treatment Systems with Land Treatment of Effluent at Agronomic Rates This permit covers facilities that discharge effluent from a WWTP that meets the effluent limitations under Reg. 61 but does not meet the groundwater standards under Reg. 41. It covers facilities that discharge to: groundwater only (do not discharge to surface water), and groundwater solely through land application at agronomic rates. The land treatment site is not landscaped per Reg. 84. GP was developed because Reg. 84 does not cover land application of crops. If Reg. 84 is modified to include crops, then GP would likely be terminated and the facilities operating under this permit would transition to Reg. 84. There is monitoring for influent influent and gw standards at a point prior to discharge to land treatment site. No gw monitoring required (because protection of State waters is demonstrated through documented land application of effluent at agronomic rates.) Reporting through DMRs. Page 5 of 7

6 6 CCR REGULATIONS PERTAINING TO SOLID WASTE SITS AND FACILITIES Solid waste means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, air pollution control facility, or other discarded material; including solid, liquid, semisolid, or contained gaseous material resulting from industrial operations, commercial operations or community activities. Solid waste does not include any solid or dissolved materials in domestic sewage, or agricultural wastes, or solid or dissolved materials in irrigation return flows, or industrial discharges which are point sources subject to permits under the provisions of the "Colorado Water Quality Control Act", Title 25, Article 8, CRS or materials handled at facilities licensed pursuant to the provisions on Radiation Control Act in Title 25, Article 11, CRS. Solid waste does not include: (a) Materials handled at facilities licensed pursuant to the provisions on radiation control in Article 11 of Title 25, C.R.S.; or (b) Excluded scrap metal that is being recycled; or(c) Shredded circuit boards that are being recycled. Reclaimed water is not considered to be a solid waste by virtue of the fact that it is a product and not a waste. 5 CCR SITE LOCATION AND DESIGN APPROVAL REGULATIONS FOR DOMESTIC WASTEWATER TREATMENT WORKS (10) "DOMESTIC WASTEWATER TREATMENT PLANT" (TREATMENT PLANT) means an arrangement of devices and structures for treating, neutralizing, stabilizing, or disposing of domestic wastewater, industrial wastes, and biosolids. A domestic wastewater treatment plant is one type (or element) of domestic wastewater treatment works. The term "domestic wastewater treatment plant" 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 process are treated therein. (11) "DOMESTIC WASTEWATER TREATMENT WORKS" (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 two thousand gallons of domestic wastewater per day or more. 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 process are treated therein. The Division understands that the point of compliance for reclaimed water systems is typically at the WWTF and before most impoundments. If a reclaimed water storage impoundment is located after the point of compliance and has no treatment, site location approval is not required. Therefore, the Division would not require Site Location Approval or Design Approval through the Regulation 22 authority for impoundments unless treatment is being accomplished after the point of compliance. Not related to impoundments, but as an FYI, the Division does require the following reclaimed water activities to obtain site application and design approval: The proposed addition or expansion of a treatment process to generate reclaimed domestic wastewater regardless of the location of the added or expanded treatment process (i.e. upstream or downstream of the point of compliance as defined in Regulation 84). Proposed construction related to a partial or full change in the type of use employed with regard to domestic wastewater re-use facilities. Proposed construction related to changes in the type of discharge from a wastewater treatment plant e.g., a partial or complete change from a surface water or ground water discharge to re-use (reclaimed water as defined in Regulation 84). Page 6 of 7

7 Proposed construction of lift stations for reclaimed wastewater where the proposed lift station is located upstream of the point of compliance (as defined in Regulation 84). Page 7 of 7