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Regulation 43 Draft Revision

In August of 2015 the Division held a kick-off meeting to discuss the up-coming process for proposed revisions to Regulation 43. The proposed scope and timeline for these revisions was presented to those in attendance:

The general intent of the revision is for minor modifications that will provide clarity and address any conflicts within the regulation. The goal will be to maintain the focus of the regulations on wastewater treatment and to continue to align them with accepted industry standards.”

  •  Initiate the stakeholder process early fall, 2015

  •  Provide initial draft revisions from all work groups, spring 2016 (now, July 2016)

  •  Complete and accept all draft revisions by fall, 2016

  •  Submit to be placed on WQCC agenda for spring 2017 hearing; Oct./Nov. 2016

  •  Commission action and effective date; April – June, 2017

  • LPHA’s will have one year from effective date to revise their local regulation

It was also discussed that the OWTS Coordinator had been tracking comments received since the June 2013 implementation of Regulation 43 and would look to address the noted concerns where appropriate. Further, there were a few specific items noted from a variety of regulators and practitioners where the Division determined that something more than a slight tweak was necessary.

There are currently over 100 individuals that have signed up to be stakeholders for this revision process. From October 2015 thru April of 2016, sixteen stakeholder workgroup meetings were conducted to discuss the majority of items within the regulation that were in need of revision.  There were also informal discussions and visits with stakeholders around the state, conducted to gather information on items that required additional research and input. Subsequent to the group meetings as well as the individual discussions with various stakeholders,the revision to Regulation 43 is provided for your review and comment. In order to allow you to more easily define where revisions are proposed, a “red-line” version of the draft has been provided. Click on link below:

https://www.colorado.gov/pacific/sites/default/files/WQ_OWTS_REDLINE-Reg43_7-15-16.pdf

I would like to extend a big thank you to those that were involved in the process and provided hours of their time to assist in getting us to this point.

Through our best attempt to develop a regulation that is accurate, and addresses all necessary items, we do understand that a few slight modifications may still be required. Therefore, an Excel spreadsheet has been provided as the format whereby you can submit official comments regarding the revisions to the regulation. Click on link below:

https://docs.google.com/a/state.co.us/forms/d/e/1FAIpQLSdeZgQ4AeBraYpeBwkDpRzXKnZT-K0mutekv5Sz4HiYggehUw/viewform

Comments on the spreadsheet provided must be sent to me via email at chuck.cousino@state.co.us. Comments must be received prior to August 12, 2016. The plan is to address all comments and provide a revised draft for an additional review prior to the end of September.

Thank you,

Chuck Cousino
OWTS Coordinator
chuck.cousino@state.co.us
303.692.2366

Our mailing address is:

Water Quality Control Division

4300 Cherry Creek Drive South, Denver, CO, United States
Denver, CO 80246

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