Colorado § 25-8-202 - Duties of commission - rules.

§ 25-8-202. Duties of commission - rules.

(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.

Source: L. 81: Entire article R&RE, p. 1315, § 1, effective July 1. L. 85: (1)(i.5) added and (6) amended, p. 906, §§ 1, 2, effective June 4. L. 88: (1)(i) amended and (1)(k) added, p. 1019, § 2, effective July 1. L. 89: (7) and (8) added, p. 1172, § 2, effective June 8. L. 92: IP(7) amended, p. 1970, § 75, effective July 1. L. 96: (5) repealed, p. 1260, § 161, effective August 7. L. 2003: (1)(l) added, p. 1036, § 8, effective April 17. L. 2005: (4) amended, p. 283, § 25, effective August 8. L. 2006: (1)(g) amended, p. 1275, § 3, effective May 26; IP(1) amended and (1)(m), (1)(n), (1)(o), and (1)(p) added, p. 1128, § 4, effective July 1. L. 2008: (1)(q) added, p. 431, § 2, effective August 5. L. 2012: (1)(m) amended, (HB 12-1126), ch. 137, p. 494, § 4, effective August 8. L. 2023: IP(7) amended, (SB 23-285), ch. 235, p. 1255, § 29, effective July 1.

Cross references: (1) For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration contained in the 2003 act enacting subsection (1)(l), see section 1 of chapter 145, Session Laws of Colorado 2003.

(2) For the "Resource Conservation and Recovery Act of 1976", see Pub.L. 94-580, codified at 42 U.S.C. § 6901 et seq.

ANNOTATION

Law reviews. For article, "The Burden of Maintaining Colorado's Water Quality", see 18 Colo. Law. 23 (1989).

Future as well as existing sources must be considered by the commission to fulfill the purpose of the Act to maximize the beneficial uses of water. Amax, Inc. v. Water Quality Control Comm'n, 790 P.2d 879 (Colo. App. 1989).

Judicial review of the commission's regulations which are predominantly policy determinations is limited to considerations of reasonableness. Amax, Inc. v. Water Quality Control Comm'n, 790 P.2d 879 (Colo. App. 1989).

The Colorado water quality control commission and the Colorado water quality control division are expressly delegated authority to approve site locations of wastewater treatment facilities. Barr Lake Vill. Metro. District v. Colo. Water Quality Control Comm'n, 835 P.2d 613 (Colo. App. 1992).

When mining company entered into settlement agreement with the mined land reclamation division concerning a permit violation, res judicata did not apply because the division did not have the authority to enforce the permit issued by the Water Quality Control Division. Mid-Continent Res., Inc. v. Looby, 877 P.2d 1385 (Colo. App. 1994).

The state engineer's water quality control responsibilities are integrated into the general administration of water quality under the Water Quality Control Act. City of Thornton v. Bijou Irrigation Co., 926 P.2d 1 (Colo. 1996).