C.R.S. Section 25-8-402
Procedures to be followed in classifying state waters and setting standards and control regulations

(1)

Prior to the classification of state waters and promulgating any water quality standard or any control regulation authorized in this article, the commission shall conduct a public hearing thereon as provided in section 24-4-103, C.R.S. Notice of any such hearing shall conform to the requirements of section 24-4-103, C.R.S., but such notice shall be given at least sixty days prior to the hearing and shall include each proposed standard or regulation.

(2)

Any person desiring to propose a standard or regulation differing from the standard or regulation proposed by the commission shall file such other written proposal with the commission not less than twenty days prior to the hearing, and, when on file, such proposal shall be open for public inspection.

(3)

Witnesses at the hearing shall be subject to cross-examination by or on behalf of the commission, by or on behalf of persons who have proposed standards or regulations pursuant to subsection (2) of this section, and by or on behalf of persons who have obtained party status to the proceeding.

(4)

Standards or regulations promulgated pursuant to this section shall take effect as provided in section 24-4-103 (5), C.R.S.

(5)

Any emergency rule-making proceedings by the commission shall be conducted pursuant to section 24-4-103 (6), C.R.S., and not pursuant to this section. Any rule adopted pursuant to such proceedings may be effective for a specified period longer than one hundred twenty days, but not later than one year, if the commission determines that such longer period is necessary to complete rule-making pursuant to section 24-4-103, C.R.S., to reconsider the emergency rule.

Source: Section 25-8-402 — Procedures to be followed in classifying state waters and setting standards and control regulations, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-25.­pdf (accessed Oct. 20, 2023).

25‑8‑101
Short title 25‑8‑102
Legislative declaration 25‑8‑103
Definitions 25‑8‑104
Interpretation and construction of water quality provisions 25‑8‑105
Regional wastewater management plans - amendments 25‑8‑201
Water quality control commission created 25‑8‑202
Duties of commission - rules 25‑8‑203
Classification of state waters 25‑8‑204
Water quality standards 25‑8‑205
Control regulations 25‑8‑205.3
Exemption from control regulations for graywater research - definition 25‑8‑205.5
Pollution from agricultural chemicals - rules 25‑8‑205.7
Control regulations for reuse of reclaimed domestic wastewater - food crops - definitions - rules 25‑8‑205.8
Control regulations for reuse of reclaimed domestic wastewater - toilet flushing - definitions - rules 25‑8‑205.9
Control regulations for reuse of reclaimed domestic wastewater - industrial hemp - definitions - rules 25‑8‑206
Prior acts validated 25‑8‑207
Review of classifications and standards 25‑8‑208
Emergency rule-making 25‑8‑209
Water quality designations - rules 25‑8‑210
Fees established administratively - rules - stakeholding requirement - phase-in period - clean water cash fund - creation - repeal 25‑8‑301
Administration of water quality control programs 25‑8‑302
Duties of division 25‑8‑303
Monitoring 25‑8‑304
Monitoring, recording, and reporting 25‑8‑305
Annual report - repeal 25‑8‑306
Authority to enter and inspect premises and records 25‑8‑307
Emergencies 25‑8‑308
Additional authority and duties of division - penalties 25‑8‑310
Education program - storm water 25‑8‑401
Authority and procedures for hearings 25‑8‑402
Procedures to be followed in classifying state waters and setting standards and control regulations 25‑8‑403
Administrative reconsideration 25‑8‑404
Judicial review 25‑8‑405
Samples - secret processes 25‑8‑406
Administrative stays - renewal permits 25‑8‑501
Permits required for discharge of pollutants - administration 25‑8‑501.1
Permit required for point source water pollution control - definitions - housed commercial swine feeding operations - legislative declaration 25‑8‑502
Application - definitions - fees - funds created - public participation - repeal 25‑8‑503
Permits - when required and when prohibited - variances 25‑8‑503.5
General permits - process for changing permit requirements 25‑8‑504
Agricultural wastes 25‑8‑505
Permit conditions concerning publicly owned wastewater treatment works 25‑8‑507
Program repeal 25‑8‑508
Industrial pretreatment program - creation - fees 25‑8‑509
Permit conditions concerning use and disposal of biosolids 25‑8‑601
Division to be notified of suspected violations and accidental discharges - penalty 25‑8‑602
Notice of alleged violations 25‑8‑603
Hearing procedures for alleged violations 25‑8‑604
Suspension, modification, and revocation of permit 25‑8‑605
Cease-and-desist orders 25‑8‑606
Clean-up orders 25‑8‑607
Restraining orders and injunctions 25‑8‑608
Civil penalties - rules - fund created - temporary moratorium on penalties for minor violations - definitions - repeal 25‑8‑608.7
Natural disaster grant fund - creation - rules 25‑8‑609
Criminal pollution - penalties 25‑8‑610
Falsification and tampering - penalties 25‑8‑611
Proceedings by other parties 25‑8‑612
Remedies cumulative 25‑8‑613
Limitation on actions 25‑8‑701
Definitions 25‑8‑702
Approval for commencement of construction 25‑8‑801
Definitions 25‑8‑802
Storm water management system administrator 25‑8‑803
Storm water management system administrator audits to support MS4 permittees’ programs 25‑8‑901
Definitions 25‑8‑902
School and child care clean drinking water fund - creation 25‑8‑903
Testing for the presence of lead in drinking water in child care centers, family child care homes, and eligible schools - remediation - maintenance of records - training - inspections - enforcement - reimbursement - technical assistance - exemptions - opt out by family child care home - reports 25‑8‑904
Report and recommendation regarding expansion required - legislative declaration 25‑8‑905
Repeal of part 25‑8‑1001
Definitions 25‑8‑1002
Division duties - testing water quality at mobile home parks - parameters of testing - notice of results 25‑8‑1003
Remediation 25‑8‑1004
Action plan 25‑8‑1005
Mobile home water quality grant program - created - grant application and award process - reporting - funding 25‑8‑1006
Mobile home park water quality fund 25‑8‑1007
Enforcement 25‑8‑1008
This part 10 does not affect other statutory protections
Green check means up to date. Up to date

Current through Fall 2024

§ 25-8-402’s source at colorado​.gov