C.R.S.
Section 25-8-502
Application
- definitions
- fees
- funds created
- public participation
- repeal
(1)
For the purposes of this section:(a)
“Animal feeding operation” or “CAFO” means a lot or facility, other than an aquatic animal production facility, where:(I)
Animals, other than aquatic animals, have been, are, or will be stabled or confined and fed or maintained for a total of forty-five days or more in any twelve-month period; and(II)
Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.(b)
“Categorical effluent standards” means those standards established by the federal environmental protection agency pursuant to section 307 (b) of the federal act.(c)
“Discharge” means the discharge of pollutants, and includes land application.(d)
“Gallons per day” is based on design capacity of the facility, not flow.(e)
“Land application” is any discharge being applied to the land for treatment purposes.(f)
“Municipal separate storm sewer system” or “MS4” means a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains, that is:(I)
Owned or operated by a state, city, town, county, district, association, or other public body created by or pursuant to state law having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under state law such as a sewer district, flood control district, drainage district, or similar entity, or a designated and approved management agency under section 208 of the federal act that discharges to state waters;(II)
Designed or used for collecting or conveying storm water;(III)
Not a combined sewer; and(IV)
Not part of a publicly owned treatment works.(g)
“Significant industrial discharger” means an industrial discharger that meets one or more criteria established by the federal environmental protection agency pursuant to section 307 (b) of the federal act.(1.1)
For each regulated activity listed in this subsection (1.1), the division may assess an annual permit fee and a nonrefundable permit application fee for new permits that must equal fifty percent of the annual permit fee. The full amount of the application fee is credited toward the annual permit fee. All such fees must be in accordance with the following schedules:(a)
The animal agriculture sector includes annual fee schedules for regulated activities associated with animal feeding operations as follows:(I)
General permit: The division shall assess a CAFO an annual permit fee not to exceed two hundred fifty dollars plus four cents per animal unit, based on the CAFO’s permitted capacity; except that, from July 1, 2009, through June 30, 2025, the division shall assess a CAFO an annual permit fee not to exceed seven hundred fifty dollars plus nine cents per animal unit, based on the CAFO’s permitted capacity.(II)
Individual permit: The division shall assess a CAFO an annual permit fee not to exceed five hundred dollars plus eight cents per animal unit, based on the CAFO’s permitted capacity; except that, from July 1, 2009, through June 30, 2025, the division shall assess a CAFO an annual permit fee not to exceed one thousand five hundred dollars plus nine cents per animal unit, based on the CAFO’s permitted capacity.(III)
Intentionally left blank —Ed.(A)
Effective July 1, 2009, through June 30, 2025, the division shall assess an unpermitted CAFO an annual administrative fee, not to exceed six cents per animal unit, based upon the CAFO’s registered capacity, to cover the direct and indirect costs associated with the environmental agriculture program, including inspections, compliance assurance, compliance assistance, and associated regulatory interpretation and review.(B)
This subsection (1.1)(a)(III) is repealed, effective July 1, 2025.(IV)
Intentionally left blank —Ed.(A)
Except as otherwise provided in this subsection (1.1)(a)(IV), the division shall assess on each housed commercial swine feeding operation an annual permit fee, not to exceed twenty cents per animal, based on the operation’s working capacity, to offset the direct and indirect costs of the program created in section 25-8-501.1.(B)
From July 1, 2009, through June 30, 2025, the division shall assess on each housed commercial swine feeding operation an annual permit fee, not to exceed twenty-six cents per animal, based on the operation’s working capacity, to offset the direct and indirect costs of the program created in section 25-8-501.1. This subsection (1.1)(a)(IV)(B) is repealed, effective July 1, 2025.(C)
As used in this subsection (1.1)(a)(IV), “working capacity” means the number of swine the housed commercial swine feeding operation is capable of housing at any one time.(b)
The commerce and industry sector includes annual fee schedules for regulated activities associated with mining, hydrocarbon refining, sugar processing, industrial storm water, utilities not included in the private and public utilities sector, manufacturing activities, commercial activities, and all other industrial activities as follows:(I)
Sand and gravel and placer mining:(A)
Pit dewatering only(B)
Pit dewatering or wash-water discharge(C)
Mercury use with discharge impact(D)
Storm water discharge only(II)
Coal mining:(A)
Sedimentation ponds, surface runoff only(B)
Mine water, preparation plant discharge(III)
Hardrock mining:(A)
Mine dewatering from 0 up to 49,999 gallons(B)
Mine dewatering from 50,000 up to(C)
Mine dewatering, 1,000,000 gallons(D)
Mine dewatering and milling with(E)
Mine dewatering and milling(F)
No discharge(G)
Milling with discharge from 0 up to 49,999 gallons(H)
Milling with discharge, 50,000 gallons(IV)
Oil shale:(A)
Sedimentation ponds, surface runoff only(B)
Mine water from 0 up to 49,999(C)
Mine water from 50,000 up to 999,999(D)
Mine water from 1,000,000 gallons(E)
Mine water and process water discharge(F)
No discharge(V)
General permits:(A)
Sand and gravel with process discharge(B)
Sand and gravel without process discharge(C)
Placer mining(D)
Coal mining(E)
Industrial - single municipal industrial(F)
Active mineral mines less than ten acres(G)
Active mineral mines - ten acres or more(H)
Inactive mineral mines - storm water only(I)
Department of transportation - sand and(J)
Coal degasification - process water(K)
Coal degasification - process water from(L)
Coal degasification - process water,(M)
Minimal discharge of industrial or(VI)
Power plants:(A)
Cooling water only, no discharge(B)
Process water from 0 up to 49,999(C)
Process water from 50,000 up to 999,999(D)
Process water from 1,000,000 up to 4,999,999(E)
Process water, 5,000,000 gallons per(VII)
Sugar processing:(A)
Cooling water only, no discharge(B)
Process water from 0 up to 49,999(C)
Process water from 50,000 up to 999,999(D)
Process water from 1,000,000 up to 4,999,999(E)
Process water, 5,000,000 gallons(VIII)
Petroleum refining:(A)
Cooling water only, no discharge(B)
Process water from 0 up to 49,999 gallons(C)
Process water from 50,000 up to 999,999(D)
Process water from 1,000,000 up to 4,999,999(E)
Process water, 5,000,000 gallons per(IX)
Fish hatcheries(X)
Manufacturing and other industry:(A)
Cooling water only(B)
Process water from 0 up to 49,999(C)
Process water from 50,000 up to 999,999(D)
Process water from 1,000,000 up to 4,999,999(E)
Process water from 5,000,000 up to 19,999,999(F)
Process water, 20,000,000 gallons(G)
No discharge(H)
Amusement and recreation services(XI)
Individual industrial storm-water permits:(A)
Individual industrial - less than ten acres(B)
Individual industrial - ten acres or more(C)
Individual industrial - storm water only(c)
The construction sector includes annual fee schedules for regulated activities associated with construction activities as follows:(I)
Repealed.(II)
General permits:(A)
to (D) Repealed.(E)
Department of transportation (DOT) -(F)
Minimal discharge of industrial or(G)
Low complexity(H)
High complexity(I)
Construction - storm water only; less than(J)
Construction - storm water only;(K)
Construction - storm water only;(III)
The fee for an individual permit for construction activity is four thousand four hundred dollars; and(IV)
The division shall use the construction sector fee revenue collected pursuant to this section or, on and after July 1, 2026, pursuant to commission rules adopted under section 25-8-210 (1)(a)(III), to continue to fund the administration and oversight of the construction sector, including services provided under the alternative compliance assurance model. The division shall not use the revenue to fund additional enforcement staff unless such funding is included in a commission fee-setting rule. An alternative compliance assurance model includes:(A)
Increasing inspections of the construction sector to meet compliance objectives identified by the federal environmental protection agency;(B)
Implementing a compliance strategy that relies on increased assistance and follow-up to obtain an overall increase in compliance instead of increased reliance on enforcement;(C)
Targeting additional compliance assistance towards permittees to seek increased compliance, including: Streamlined site visits that provide initial assistance consultations and increased assistance resources such as guidance documents, presentations, and online resources; review and response to the inspected entity’s written response to the inspection; follow-up inspections and additional inspections for owners and operators with systemic violations; and increased overall inspection frequency;(D)
Maintaining and increasing current service levels of administration and oversight for the division’s storm water management system administrator program; and(E)
Targeting enforcement towards operators that show chronic violations, significant violations, or recalcitrant response actions.(d)
The pesticide sector includes annual fee schedules for regulated activities associated with pesticide applications that are regulated under the federal act as follows: For a general permit, decision makers with pesticide application on or over waters of the state that are subject to annual reporting requirements under the pesticide general permit, an annual fee of two hundred eighty-one dollars.(e)
The public and private utilities sector includes annual fee schedules for regulated activities associated with the operation of domestic wastewater treatment works, water treatment facilities, reclaimed water systems, and industrial operations that discharge to a domestic wastewater treatment works as follows:(I)
Water treatment plants:(A)
Intermittent discharge(B)
Routing discharge(II)
General permits:(A)
Water treatment plants - intermittent(B)
Water treatment plants - routine discharge(C)
Discharges associated with treated water(D)
Discharges associated with treated(E)
Discharges associated with treated(III)
Domestic wastewater - lagoons:(A)
Sewage from 0 up to 49,999 gallons per day(B)
Sewage from 50,000 up to 99,999 gallons(C)
Sewage from 100,000 up to 499,999 gallons(D)
Sewage from 500,000 up to 999,999 gallons(E)
Sewage from 1,000,000 up to 1,999,999 gallons(F)
Sewage, 2,000,000 gallons per day or more(IV)
Domestic wastewater - mechanical plants:(A)
Sewage from 0 up to 19,999 gallons per day(B)
Sewage from 20,000 up to 49,999 gallons(C)
Sewage from 50,000 up to 99,999 gallons(D)
Sewage from 100,000 up to 499,999 gallons(E)
Sewage from 500,000 up to 999,999 gallons(F)
Sewage from 1,000,000 up to 2,499,999 gallons(G)
Sewage from 2,500,000 up to 9,999,999 gallons(H)
Sewage from 10,000,000 up to 49,999,999(I)
Sewage from 50,000,000 up to 99,999,999(J)
Sewage, 100,000,000 gallons per day or more(V)
Domestic facilities discharge to unclassified waters - general permit:(A)
Sewage from 0 up to 49,999 gallons per day(B)
Sewage from 50,000 up to 199,999 gallons(C)
Sewage from 200,000 up to 599,999 gallons(D)
Sewage from 600,000 up to 999,999 gallons(VI)
Industrial dischargers subject to categorical effluent standards discharging to publicly owned treatment works with pretreatment programs, not including categorical industries subject to zero-discharge standards:(A)
Very low flow - less than 100 gallons per day(B)
100 up to 9,999 gallons per day(C)
10,000 up to 50,000 gallons per day(D)
More than 50,000 gallons per day(VII)
All other significant industrial dischargers discharging to publicly owned treatment works with pretreatment, including categorical industries subject to zero-discharge standards:(A)
Less than 10,000 gallons per day(B)
10,000 up to 50,000 gallons per day(C)
More than 50,000 gallons per day(D)
Pit dewatering only(VIII)
Industrial dischargers subject to categorical effluent standards discharging to publicly owned treatment works without pretreatment programs, not including categorical industries subject to zero-discharge standards:(A)
Less than 10,000 gallons per day(B)
10,000 up to 50,000 gallons per day(C)
More than 50,000 gallons per day(IX)
All other significant industrial dischargers discharging to publicly owned treatment works without pretreatment programs, including categorical industries subject to zero-discharge standards:(A)
Less than 10,000 gallons per day(B)
10,000 up to 50,000 gallons per day(C)
More than 50,000 gallons per day(X)
Domestic wastewater - lagoons:(A)
Sewage from 0 up to 49,999 gallons per day(B)
Sewage from 50,000 up to 99,999 gallons(C)
Sewage from 100,000 up to 499,999 gallons(D)
Sewage from 500,000 up to 999,999 gallons(E)
Sewage from 1,000,000 up to 2,499,999 gallons(F)
Sewage, 2,500,000 gallons per day or more(XI)
Domestic wastewater - mechanical plants:(A)
Sewage from 0 up to 19,999 gallons per day(B)
Sewage from 20,000 up to 49,999 gallons per day(C)
Sewage from 50,000 up to 99,999 gallons per day(D)
Sewage from 100,000 up to 499,999 gallons(E)
Sewage from 500,000 up to 999,999 gallons(F)
Sewage from 1,000,000 up to 2,499,999 gallons(G)
Sewage from 2,500,000 up to 9,999,999 gallons(H)
Sewage from 10,000,000 up to 49,999,999(I)
Sewage from 50,000,000 up to 99,999,999(J)
Sewage, 100,000,000 gallons per day or more(XII)
Wastewater reuse authorizations:(A)
Facility capacity of less than 100,000(B)
Facility capacity from 100,000 gallons to(C)
Facility capacity from 500,000 gallons to(D)
Facility capacity from 1,000,000 gallons to(E)
Facility capacity from 2,500,000 gallons to(F)
Facility capacity, 10,000,000 gallons per(XIII)
and (XIV) Repealed.(f)
The municipal separate storm sewer systems sector includes annual fees for regulated activities associated with the operation of municipal separate storm sewer systems, as follows:(I)
MS4 general permits:(A)
Storm water municipal for a population(B)
Storm water municipal for a population(C)
Storm water municipal for a population(D)
Storm water municipal for a population(II)
MS4 individual permits:(A)
Municipalities with a population from(B)
Municipalities with a population from(C)
Municipalities with a population from(D)
Municipalities with a population of(E)
Statewide permit for municipal separate(1.2)
Intentionally left blank —Ed.(a)
For the activities listed in this subsection (1.2) associated with reviewing requests for certifications under section 401 of the federal act and this article 8, known as “401 certificates”, the division may assess a fee for the review. There is hereby created in the state treasury the water quality certification sector fund, which consists of fees collected pursuant to this subsection (1.2). The division shall transmit the fees to the state treasurer, who shall credit them to the water quality certification sector fund. All such fees must be in accordance with the following schedules:(I)
The fee for a tier 1 project is one thousand one hundred twenty-two dollars, which must be submitted with the certification application. Tier 1 projects are projects that incur minimal costs and minimal water quality impacts. Tier 1 includes certifications of channel stabilization projects and single drainage improvement projects. Typical characteristics of tier 1 projects may include all or some of the following:(A)
The potential for minimal impacts to water quality;(B)
A low level of public participation;(C)
No more than standard coordination with federal, state, or local agencies may be required;(D)
Limited technical assistance may be needed.(II)
The fee for a tier 2 project is three thousand eight hundred seventy-six dollars, which must be submitted with the certification application. Tier 2 projects are projects that incur moderate costs and potential water quality impacts. Tier 2 includes certifications of projects that affect multiple drainages. Typical characteristics of tier 2 projects may include all or some of the following:(A)
The potential for minimal impacts to water quality;(B)
A basic to high level of public participation may be required with potential for participation in public meetings or hearings held by outside parties;(C)
More than the standard level of coordination with multiple federal, state, or local agencies may be required, including one or more meetings or pre-application site visits;(D)
A moderate and ongoing level of technical assistance may be needed;(E)
Compensatory mitigation review may be required;(F)
Review of a full evaluation and findings report if needed; or(G)
If the certification is appealed, addressing an appeal of the division’s water quality certification to the commission pursuant to sections 25-8-202 (1)(k), 25-8-302 (1)(f), and 25-8-401.(III)
The fee for a tier 3 project is calculated on an hourly rate based on the actual costs of division staff and contractor time. Tier 3 projects are projects that involve a large watershed area, a high degree of complexity, or high potential for water quality impacts. Tier 3 includes certifications of federal energy regulatory commission relicensing projects or projects involving more long-term water quality impacts. Typical characteristics of tier 3 projects may include all or some of the following:(A)
The potential for greater, permanent water quality impacts if one or more of the following occurs: The water body is identified as not attaining water quality standards; or multiple stream or lake segments as established by section 25-8-203 are affected;(B)
A high level of public participation, including extensive public comments and the potential for one or more public meetings or hearings conducted by the division or outside parties;(C)
Substantially more than standard coordination with multiple federal, state, or local agencies may be required, including one or more meetings;(D)
A high level of iterative technical assistance may be required or substantive project revisions may be received;(E)
The potential for complex compensatory mitigation review;(F)
A site visit may be needed to understand impacts and advise on potential alternatives;(G)
The review of a full evaluation and findings report if needed; or(H)
If the certification is appealed, addressing an appeal of the division’s water quality certification to the commission pursuant to sections 25-8-202 (1)(k), 25-8-302 (1)(f), and 25-8-401.(IV)
The fee for a tier 4 project is calculated on an hourly rate based on the actual costs of division staff and contractor time. Tier 4 projects are projects that involve multiple or large watershed areas, a very high degree of complexity, a very high potential for water quality impacts, or a high level of public participation. Tier 4 includes transmountain water supply projects. Typical characteristics of tier 4 projects may include all or some of the following:(A)
The potential for greater water quality impacts if one or more of the following occurs: The water body is identified as not attaining water quality standards; or multiple stream or lake segments as established by section 25-8-203 are affected;(B)
A high level of public participation, including extensive public comments and the potential for one or more public meetings or hearings conducted by the division or outside parties;(C)
Substantially more coordination than is standard with multiple federal, state, or local agencies may be required, including one or more meetings;(D)
A high level of iterative technical assistance may be required or substantive project revisions may be received;(E)
The potential for complex compensatory mitigation review;(F)
A site visit may be needed to understand impacts and advise on potential alternatives;(G)
Coordination with the governor’s office in conjunction with other state agencies, tribal nations, and the federal government may be required;(H)
To the extent pertinent, review of additional documents, such as federal “National Environmental Policy Act” resource reports, environmental assessments, and environmental impact statements;(I)
If needed, to the extent not addressed in the documents addressed in sub-subparagraph (H) of this subparagraph (IV) and consistent with the requirements of this article and of the rules promulgated pursuant to this article, review and use of a full evaluation and findings report; or(J)
If the certification is appealed, addressing an appeal of the division’s water quality certification to the commission pursuant to sections 25-8-202 (1)(k), 25-8-302 (1)(f), and 25-8-401.(b)
For tier 3 and tier 4 projects, the division may assess fees for services provided by the division prior to the applicant submitting a formal water quality certification application, which fees must reflect the actual cost of division staff and contractor time.(c)
For tier 3 and tier 4 projects, the division may assess fees for services provided by the division to monitor the projects certified with conditions, which fees must reflect the actual cost of division staff and contractor time.(1.3)
For each service listed below, the division may assess a fee for the service, and all such fees must be in accordance with the following schedules:(a)
Amendments to permits associated with the commerce and industry sector, construction sector, pesticides application, public and private utility sector under subsection (1.1) of this section, and amendments to permits issued through June 30, 2018, associated with regulated activities in subparagraph (IV) of the animal agriculture sector in paragraph (a) of subsection (1.1) of this section:(I)
Minor amendment: An amount equal to twenty-five percent of the annual fee for the permit being amended, not to exceed two thousand eight hundred ten dollars;(II)
Major amendment: An amount equal to fifty-five percent of the annual fee for the permit being amended, not to exceed five thousand nine hundred fifty dollars;(b)
Preliminary effluent limitations:(I)
In accordance with section 25-8-702, the division may assess a fee, as set forth in the schedules in this paragraph (b), for the determination of preliminary effluent limitations upon a domestic wastewater treatment works pursuant to the site location approval process. All such fees shall be paid in advance of any work done.(II)
At the request of an entity that is not a domestic wastewater treatment works, and upon payment of the appropriate fee as set forth in the schedules in this paragraph (b), the division may determine preliminary effluent limits for a proposed discharge as described by the requester.(III)
Fees set forth in the schedules established in this paragraph (b) are increased by an amount equal to seventy-five percent of the applicable fee for each set of preliminary effluent limitations requested by domestic wastewater treatment works for discharges to second or additional receiving water bodies.(IV)
The division may, where an entity requests modification of existing division-approved preliminary effluent limitations, complete the modification for a fee equal to twenty-five percent of the applicable fee as set forth in the schedules in this paragraph (b).(V)
Preliminary effluent limitations for individual permits:(A)
Less than 100,000 gallons per day(B)
100,000 to 999,999 gallons per day(C)
1,000,000 to 9,999,999 gallons per day(D)
10,000,000 or more gallons per day(VI)
Preliminary effluent limitations for(VII)
Preliminary effluent limitations for discharges to groundwater:(A)
Minor facilities, less than 1,000,000 gallons(B)
Major facilities, 1,000,000 gallons(VIII)
Review of preliminary effluent limitations for individual permits professionally prepared by others:(A)
Minor facilities, less than 1,000,000 gallons(B)
Major facilities, 1,000,000 gallons(c)
Wastewater site applications and design reviews:(I)
Wastewater site applications:(A)
Wastewater treatment plants, less than 100,000 gallons per day:(B)
Wastewater treatment plants from 100,000 to 999,999 gallons per day:(C)
Wastewater treatment plants from 1,000,000 to 9,999,999 gallons per day:(D)
Wastewater treatment plants, 10,000,000 gallons per day or more:(E)
Lift stations, less than 100,000 gallons per day:(F)
Lift stations from 100,000 to 999,999 gallons per day:(G)
Lift stations from 1,000,000 to 9,999,999 gallons per day:(H)
Lift stations, 10,000,000 gallons per day or more:(I)
Amendments to site applications concerning(J)
Amendments to site applications concerning(K)
Amendments to site applications concerning a change(L)
Amendments to site applications concerning a change(M)
Other amendments to site application, less than(N)
Other amendments to site applications from(O)
Other amendments to site applications(P)
Other amendments to site applications,(Q)
On-site wastewater treatment systems(R)
Extension(S)
Interceptor site applications(T)
Interceptor certifications(U)
Outfall sewers(II)
Wastewater design review:(A)
Wastewater treatment plants, less than 100,000 gallons per day:(B)
Wastewater treatment plants from 100,000 to 999,999 gallons per day:(C)
Wastewater treatment plants from 1,000,000 to 9,999,999 gallons per day:(D)
Wastewater treatment plants, 10,000,000 gallons per day or more:(E)
Lift stations, less than 100,000 gallons per day:(F)
Lift stations from 100,000 to 999,999 gallons per day:(G)
Lift stations from 1,000,000 to 9,999,999 gallons per day:(H)
Lift stations, 10,000,000 gallons per day or more:(I)
Amendments to site applications concerning a change(J)
Amendments to site applications concerning a change(K)
Amendments to site applications concerning a change(L)
Amendments to site applications concerning a change(M)
Other amendments to site application,(N)
Other amendments to site applications,(O)
Other amendments to site applications, from(P)
Other amendments to site applications,(Q)
On-site wastewater treatment systems(R)
Interceptor site applications(S)
Outfall sewers(1.4)
The division may establish an interim fee that must be consistent and equitable with the fees contained in subsection (1.1) of this section in any case where a facility other than those listed must be permitted. This interim fee applies until the date of adjournment sine die of the next regular session of the general assembly following imposition of the interim fee.(II)
There is hereby created in the state treasury the construction sector fund, which consists of all annual fees collected for regulated activities associated with the construction sector pursuant to subsection (1.1) of this section; all fees for services performed by the division associated with the construction sector collected pursuant to subsection (1.3) of this section; and all interim fees associated with the construction sector collected pursuant to subsection (1.4) of this section. The division shall transmit the fees to the state treasurer, who shall credit them to the construction sector fund.(III)
There is hereby created in the state treasury the pesticides sector fund, which consists of all annual fees collected for regulated activities associated with the pesticides sector pursuant to subsection (1.1) of this section; all fees for services performed by the division associated with the pesticides sector collected pursuant to subsection (1.3) of this section; and all interim fees associated with the pesticides sector collected pursuant to subsection (1.4) of this section. The division shall transmit the fees to the state treasurer, who shall credit them to the pesticides sector fund.(IV)
There is hereby created in the state treasury the municipal separate storm sewer system sector fund, which consists of all annual fees collected for regulated activities associated with the municipal separate storm sewer system sector pursuant to subsection (1.1) of this section; all fees for services performed by the division associated with the municipal separate storm sewer system sector collected pursuant to subsection (1.3) of this section; and all interim fees associated with the municipal separate storm sewer system sector collected pursuant to subsection (1.4) of this section. The division shall transmit the fees to the state treasurer, who shall credit them to the municipal separate storm sewer system sector fund.(V)
There is hereby created in the state treasury the public and private utilities sector fund, which consists of all annual fees collected for regulated activities associated with the public and private utilities sector pursuant to subsection (1.1) of this section; all fees for services performed by the division associated with the public and private utilities sector collected pursuant to subsection (1.3) of this section; and all interim fees associated with the public and private utilities sector collected pursuant to subsection (1.4) of this section. The division shall transmit the fees to the state treasurer, who shall credit them to the public and private utilities sector fund.(b)
Intentionally left blank —Ed.(I)
The general assembly shall annually appropriate the money in the funds created in paragraph (a) of this subsection (1.5) and in subsection (1.2) of this section to the department of public health and environment for its direct and indirect costs in administering the appropriate sector. The department shall review expenditures of the money to ensure that it is used only to fund the expenses of the discharge permit system and other activities included in subsections (1.1), (1.2), (1.3), and (1.4) of this section and that, except as specified in subparagraph (II) of this paragraph (b):(A)
Money derived from a particular sector is used only for that sector; and(B)
Money derived from subsection (1.2) of this section is used only to provide water quality certifications.(II)
Repealed.(III)
All interest earned on the investment or deposit of money in each fund and all unencumbered or unappropriated balances in each fund remain in each individual fund, shall be appropriated only for the expenses of the discharge permit system, and shall not be transferred or revert to the general fund or any other fund at the end of any fiscal year or any other time.(c)
Intentionally left blank —Ed.(I)
It is the intent of the general assembly that:(A)
A portion of the expenses of the discharge permit system be funded from the general fund, reflecting the benefit derived by the general public; except that the general assembly may determine, in any given fiscal year, that general fund revenues are inadequate to meet general fund demands and that, as a consequence, it is necessary to forego, subject to future reconsideration, all or some portion of such general fund contribution to the discharge permit program pursuant to this part 5; and(B)
The fees established in this section should not be adjusted until at least 2023 and, before the general assembly adjusts the fees, the department of public health and environment shall engage stakeholders in a process to review the total funding for the discharge permit system, including federal money, money from the general fund, and all sector fees.(II)
In furtherance of this policy, in future fee and funding changes, the ratios described in this subsection (1.5)(c)(II) should be maintained except as may be revised by the general assembly by bill:(A)
Commerce and industry sector: Fifty percent general fund and fifty percent cash funds;(B)
Construction sector: Twenty percent general fund and eighty percent cash funds;(C)
Municipal separate storm sewer: Fifty percent general fund and fifty percent cash funds;(D)
Pesticides sector: Ninety-four percent general fund and six percent cash funds;(E)
Public and private utilities sector: Fifty percent general fund and fifty percent cash funds; and(F)
Water quality certifications sector: Five percent general fund and ninety-five percent cash funds.(d)
Notwithstanding the amount specified for any fee in subsection (1.1) or (1.3) of this section, the commission by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commission by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.(e)
Repealed.(1.6)
There is hereby created the animal feeding operations fund, which consists of all fees collected for regulated activities associated with the animal agriculture sector in paragraph (a) of subsection (1.1) of this section, as well as all fees collected for services provided by the division associated with the animal agriculture sector in subsection (1.3) of this section. The division shall transmit the fees to the state treasurer, who shall credit them to the animal feeding operations fund. Any unexpended and unencumbered moneys remaining in the animal feeding operations fund at the end of any fiscal year remain in the animal feeding operations fund and shall not be transferred or revert to the general fund or any other fund. The general assembly shall annually appropriate the moneys in the animal feeding operations fund to the department of public health and environment for the direct and indirect costs associated with the permitting and oversight of animal feeding operations under this article.(1.7)
Intentionally left blank —Ed.(a)
The department of public health and environment shall report annually to:(I)
The senate agriculture and natural resources committee and the house of representatives agriculture, water, and natural resources committee, or their successor committees, on:(A)
The environmental agriculture program. The report must include the number of permits processed, the number of inspections conducted, the number of enforcement actions taken, and the costs associated with all program activities during the preceding year. The department shall submit the report on or before March 31 of each year.(B)
Repealed.(II)
The joint budget committee by November 1 of each year regarding the fee revenue received from each sector specified in subsection (1.1)(a) of this section, including expenditures by fund source and revenues by fund and sector based on the November 1 request.(b)
The reporting required by this section is exempt from section 24-1-136, C.R.S.(1.8)
Intentionally left blank —Ed.(a)
On June 30, 2026, the state treasurer shall transfer any unexpended and unencumbered money remaining in the following cash funds to the clean water cash fund created in section 25-8-210 (4)(a):(I)
The commerce and industry sector fund created in subsection (1.5)(a)(I) of this section;(II)
The construction sector fund created in subsection (1.5)(a)(II) of this section;(III)
The pesticides sector fund created in subsection (1.5)(a)(III) of this section;(IV)
The municipal separate storm sewer system sector fund created in subsection (1.5)(a)(IV) of this section; and(V)
The public and private utilities sector fund created in subsection (1.5)(a)(V) of this section.(b)
Subsections (1.1)(b), (1.1)(c), (1.1)(d), (1.1)(e), (1.1)(f), (1.2), (1.3), and (1.5) of this section and this subsection (1.8) are repealed, effective July 1, 2026.(2)
Intentionally left blank —Ed.(a)
A complete and accurate application for all discharges shall be filed with the division not less than one hundred eighty days prior to the date proposed for commencing the discharge.(b)
The application shall contain such relevant plans, specifications, water quality data, and other information related to the proposed discharge as the division may reasonably require. Prior to submitting an application for a permit, the applicant may request and, if so requested, the division shall grant a planning meeting with the applicant. At such meeting, the division shall advise the applicant of the applicable permit requirements, including the information, plans, specifications, and data required to be furnished with the permit application.(c)
The division shall begin the review of an application within forty-five days after the receipt of the application and shall notify the applicant within ninety days after receipt of the application whether the application is complete. If the division determines that an application is incomplete, the division may request that the applicant submit additional information. If additional information is requested by the division and submitted by the applicant, the division shall have fifteen days after the date the additional information is submitted to determine whether the additional information satisfies the request and to advise the applicant if, and in what respects, the additional information does not satisfy the request. A final decision that an application is not complete shall be considered final agency action upon issuance of such decision to the applicant and shall be subject to judicial review. A petition for review of such decision shall be given priority scheduling by the court.(3)
Intentionally left blank —Ed.(a)
The division shall evaluate complete permit applications to determine whether the proposed discharge will comply with all applicable federal and state statutory and regulatory requirements.(b)
The division shall give public notice of a complete permit application and the division’s preliminary analysis of the application as provided in subsection (4) of this section. The notice shall advise of the opportunity for interested persons to submit written comments on the permit application and the division’s preliminary analysis or to request, for good cause shown, a public meeting on the application and analysis. A request for a public meeting shall be made within thirty days after the initial public notice of the permit application and the division’s preliminary analysis. If a public meeting is requested and the division, in its discretion and for good cause shown, grants the request, the division shall hold the public meeting not more than seventy-five days after the initial public notice. The division shall provide notice as provided in subsection (4) of this section of the public meeting not less than thirty days prior to the date of the meeting.(c)
The period for public comment shall close thirty days from the date of notice of the permit application and the division’s preliminary analysis thereof; except that, if a public meeting is held on the application and analysis, the period for public comment shall close sixty days from the date of notice of the application.(4)
Public notice of every complete permit application and the division’s preliminary analysis thereof shall be circulated in a manner designed to inform interested and potentially interested persons of the application and analysis. Procedures for the circulation of such public notice or a notice regarding a public meeting concerning an application and analysis shall be established by the commission and shall include at least the following:(a)
Notice shall be given by at least one publication in a newspaper of general circulation which is distributed within the geographical areas of the proposed discharge.(b)
Notice shall be mailed to any person or group upon request.(c)
The division shall add the name of any person or group upon request to a mailing list to receive copies of notices for all discharge permit applications within the state or within a certain geographical area.(d)
The division shall also, during the period from the date of the initial public notice of the application and analysis to the close of the public comment period, maintain in the office of the county clerk and recorder of the county in which the proposed discharge, or a part thereof, is to occur a copy of its preliminary analysis and a copy of the permit application with all accompanying data for public inspection.(II)
The deadlines established pursuant to subparagraph (I) of this paragraph (a) for a determination on a permit application shall be extended by:(A)
The number of days which an applicant takes to submit information requested by the division pursuant to paragraph (c) of subsection (2) of this section plus the fifteen days provided for the division to evaluate such additional information; and(B)
Forty-five days, if a public meeting is held pursuant to subsection (3) of this section.(b)
All temporary permits shall contain such conditions as are necessary to protect public health and shall not be less restrictive than required by state and federal effluent guidelines unless a schedule of compliance or a variance is set forth therein. A temporary permit shall be issued for a period not to exceed two years and shall expire as provided in the issuance or denial of the final permit. Issuance of a temporary permit shall be final agency action for the purposes of section 24-4-106, C.R.S.(6)
Repealed.
Source:
Section 25-8-502 — Application - definitions - fees - funds created - public participation - repeal, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-25.pdf (accessed Oct. 20, 2023).
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