5 CCR 1002-64.23 Statement of Basis, Specific Statutory Authority, and Purpose (January, 1996)

• Library: Colorado Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 46, No. 24, December 25, 2023
• Citation: 5 CCR 1002-64.23
• Year: 2023

The provisions of Colorado Revised Statute Sections 25undefined25-8-202(1)(c) and (2), 25undefined25-8-205(1)(e), 25undefined25-8-501(1) and (2), and 25undefined25-8-509 C.R.S., (1989 Repl. Vol. and 1993 Supp.) provide the specific statutory authority for the Colorado Biosolids Regulations adopted by the Commission. The Commission has also adopted, in compliance with Colorado Revised Statute Section 24undefined24-4-203(4) C.R.S., (1988 Repl. Vol. and 1992 Supp.), the following Statement of Basis and Purpose.

BASIS AND PURPOSE

The Colorado Water Quality Control Commission adopted the Colorado Biosolids Regulation, 4.9.0 on November 2, 1993. Subsequently, Water Quality Control Division and the Colorado Attorney General's Office staff developed the additional materials necessary to request delegation of the National Sludge Management Program. During the development of the delegation package several items were identified which had either been omitted from the regulation, or for which clarification is appropriate. A number of additional changes are best characterized as corrected or expanded cross references, or as minor corrections, and are not addressed below.

Section 4.9.3.B is amended to ensure that any facility or person treating or using biosolids, including a treatment works treating or applying biosolids which are generated elsewhere, are subject to the requirements of the regulation.

Language is also added at Section 4.9.3 , as well as at Section 4.9.9.K , to clarify the applicability of the regulation and to modify the definition of biosolids to conform with the definition which appears in the Water Quality Control Act. Language added to section 4.9.3 excludes "hazardous sewage sludge" from the regulation. This language is added so as to restrict the applicability of the regulation in a manner which is consistent with the federal regulation at 40 CFR 40undefined503.

The Metro Wastewater Reclamation District raised a concern relative to a potential interpretation of the applicability section (4.9.3) and the biosolids definition to absolutely exclude grit, screenings or grease. The District noted that while it is appropriate to exclude those grit or screenings which are generated during primary treatment processes, a fraction of the materials which are typically characterized as grit and screenings are not removed during primary treatment and ultimately become a component of the treated biosolids. Similarly, there is some grease present in biosolids which is not removed earlier in the treatment process, or which has been re-introduced into the biosolids treatment train to enhance the efficiency of biosolids treatment processes and/or as an alternative to other disposal options. The criteria contained in the Biosolids Regulation are not applicable to the land application of grit or screenings removed during the primary treatment of domestic wastewater. Nor are they applicable to the land application of grease removed during the treatment of domestic wastewater which is not treated in a biosolids treatment unit, or from other sources. The land application of these...