Colorado § 25-8-702 - Approval for commencement of construction.

§ 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.

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.

ANNOTATION

Law reviews. For article, "Synthetic Fuels — Policy and Regulation", see 51 U. Colo. L. Rev. 465 (1980).

Rule providing that a site approval will expire one year from its approval date and that reapplication or request for an extension must be made if construction has not been commenced is well within the powers conferred upon the commission and the division to regulate approval as to location, construction, and remodeling of domestic wastewater treatment facilities. Barr Lake Vill. Metro. District v. Colo. Water Quality Control Comm'n, 835 P.2d 613 (Colo. App. 1992).

Applied in Colo. Water Quality Control Comm'n v. Town of Frederick, 641 P.2d 958 (Colo. 1982).