A Guide to the Colorado Water Quality Control Act Requirements, Process, and Compliance

The Colorado Water Quality Control Act (CWQCA) serves as a crucial regulatory framework for protecting and maintaining the quality of the state's precious water resources. This comprehensive guide delves into the intricacies of the CWQCA, providing a clear understanding of the regulated activities and entities, the Act's structure, and key provisions. It explores the regulatory standards and limitations, monitoring and reporting obligations, and enforcement actions and penalties that shape the implementation of this vital legislation. By highlighting recent developments, the regulatory outlook, and providing additional resources, this guide empowers stakeholders to navigate the complexities of the CWQCA effectively. Through a thorough understanding of this Act, its implications, and proactive compliance, all those involved in projects impacting Colorado's water resources can contribute to the protection and preservation of this essential natural asset for generations to come.

GENERAL INFORMATION

Key Details of the Colorado Water Quality Control Act

Issuing Agency: The Colorado Department of Public Health and Environment (CDPHE) is responsible for administering and enforcing the regulation.

Year Established: The Colorado Water Quality Control Act was first enacted in 1973.

Last Amended: The Act was most recently amended in 2020.

Statutory Authority: The Colorado Water Quality Control Act.

Primary Legal Reference: The primary sections of the Colorado Revised Statutes where the regulation is codified are Title 25, Article 8, Parts 1-11.

Overview of the Colorado Water Quality Control Act

The Colorado Water Quality Control Act is a comprehensive state regulation that operates within the broader framework of the federal Clean Water Act. The Act aims to protect and improve the quality of Colorado's water resources by setting water quality standards, regulating point source discharges, and implementing various control measures. The Colorado Department of Public Health and Environment (CDPHE) is the primary state agency responsible for administering and enforcing the Act, with the Water Quality Control Commission (WQCC) serving as the rulemaking body.

The Act was first enacted in 1973 and has undergone several amendments over the years to address emerging water quality issues and align with federal requirements. The most recent significant amendment occurred in 2020. The Act's approach to achieving its goals includes establishing water quality standards, issuing permits for point source discharges, and implementing various control measures such as best management practices and total maximum daily loads (TMDLs) for impaired water bodies.

The Act applies to all surface and groundwater resources within the state of Colorado, with some exemptions for certain agricultural activities and water transfers.

What does the Colorado Water Quality Control Act protect?

The Colorado Water Quality Control Act protects the state's surface water and groundwater resources from pollution and degradation. The Act achieves this protection by:

1. Establishing water quality standards for various designated uses, such as drinking water supply, recreation, and aquatic life.
2. Regulating point source discharges through a permit system, which sets limits on the amount of pollutants that can be discharged into water bodies.
3. Implementing control measures such as best management practices and total maximum daily loads (TMDLs) for impaired water bodies to reduce nonpoint source pollution.
4. Monitoring and assessing water quality to identify impaired water bodies and develop strategies for their restoration.

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Colorado Water Quality Control Act (CWQCA) is a comprehensive state-level environmental regulation aimed at protecting and maintaining the quality of Colorado's water resources. The Act establishes a framework for regulating activities and entities that have the potential to impact water quality in the state.

The CWQCA applies to a wide range of industries and activities, including¹:

• Municipal and industrial wastewater treatment facilities
• Stormwater discharges from construction sites and industrial facilities
• Agricultural operations, such as confined animal feeding operations (CAFOs)
• Mining and oil and gas extraction activities
• Other activities that may result in the discharge of pollutants into state waters

Under the CWQCA, certain activities and substances are prohibited due to their potential to cause significant harm to water quality and the environment. These prohibitions include²:

1. Discharge of pollutants without a permit: It is unlawful to discharge any pollutant into state waters from a point source without first obtaining a permit from the Colorado Department of Public Health and Environment (CDPHE).

2. Discharge of toxic pollutants: The Act prohibits the discharge of toxic pollutants in toxic amounts, as determined by the CDPHE, to protect human health and aquatic life.

3. Degradation of water quality: Activities that cause the degradation of water quality beyond the limits set by the CDPHE's water quality standards are prohibited.

The reasoning behind these prohibitions is to prevent the deterioration of water quality, protect public health and the environment, and ensure that Colorado's water resources remain suitable for beneficial uses such as drinking water supply, recreation, and aquatic life support.

Structure and Key Provisions

The Colorado Water Quality Control Act is structured into several key sections that establish the framework for water quality protection in the state. These sections include definitions, prohibitions, permitting requirements, and enforcement provisions³.

Section 25-8-103: Definitions

This section provides definitions for important terms used throughout the Act, such as "pollutant," "point source," and "water quality standard." Understanding these definitions is crucial for determining the applicability of the Act to a given activity or entity.

Section 25-8-501: Prohibitions

This section outlines the activities and substances that are prohibited under the CWQCA, as discussed in the previous section on Regulated Activities & Entities.

Section 25-8-502: Permits

The CWQCA establishes a permitting system to regulate the discharge of pollutants into state waters. This section details the requirements for obtaining a discharge permit, including application procedures, permit conditions, and monitoring and reporting obligations.

Section 25-8-506: Enforcement

This section provides for the enforcement of the CWQCA and its associated regulations. It grants the CDPHE the authority to issue orders, assess penalties, and take legal action against violators of the Act.

It is important to note that this overview provides a general understanding of the CWQCA's structure and key provisions. However, for project-specific guidance and compliance, it is essential to engage with the relevant agencies, such as the Colorado Department of Public Health and Environment.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Colorado Water Quality Control Act establishes various standards and limitations to protect and maintain the quality of the state's water resources. These standards and limitations include, but are not limited to, water quality standards, effluent limitations, and performance standards for point source discharges⁴. The Act requires the Water Quality Control Commission to establish water quality standards for surface and groundwater, which may include numeric limits for specific pollutants or narrative standards that describe the desired condition of the water body⁵. These standards are implemented and enforced through various mechanisms, such as discharge permits, compliance monitoring, and enforcement actions.

Monitoring, Reporting & Recordkeeping Obligations

Under the Colorado Water Quality Control Act, regulated entities are subject to various monitoring, reporting, and recordkeeping requirements to ensure compliance with the established standards and limitations. These obligations may include regular sampling and analysis of discharges, maintaining records of monitoring data and compliance activities, and submitting periodic reports to the relevant agencies⁶. Developers and consultants should work closely with the Colorado Department of Public Health and Environment (CDPHE) and other relevant agencies to understand and fulfill the specific monitoring, reporting, and recordkeeping requirements applicable to their projects.

Enforcement Actions & Penalties

The Colorado Water Quality Control Act provides for various enforcement actions and penalties for violations of the Act's provisions, regulations, or permits. Enforcement actions may include informal notices of violation, administrative orders, civil penalties, and, in severe cases, criminal penalties⁷. The CDPHE and other relevant agencies have the authority to issue these enforcement actions and assess penalties based on the nature, severity, and duration of the violation. To avoid enforcement actions and penalties, it is crucial for regulated entities to proactively comply with the Act's requirements and engage early with the relevant agencies to address any potential issues. Developers and consultants should consult the full text of the Colorado Water Quality Control Act and work closely with the CDPHE to understand the specific enforcement provisions and penalty structures that may apply to their projects⁸.

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

In recent years, the Colorado Water Quality Control Act has undergone several significant developments that have shaped the current regulatory landscape. One notable amendment is the passage of House Bill 20-1119 in 2020, which expanded the authority of the Colorado Water Quality Control Commission to adopt rules and regulations for the management of per- and polyfluoroalkyl substances (PFAS) in surface water and groundwater⁹. This amendment has far-reaching implications for developers and environmental consultants, as it requires increased monitoring and potential remediation of PFAS contamination in water resources.

Another important development is the Colorado Supreme Court's decision in the case of Colorado Department of Public Health and Environment v. Climax Molybdenum Company in 2021¹⁰. The court's ruling clarified the scope of the Colorado Water Quality Control Commission's authority to regulate water quality standards for discharges into groundwater that is hydrologically connected to surface water. This decision has significant implications for the regulated community, particularly those involved in mining, oil and gas, and other industries that may impact groundwater resources.

Looking ahead, stakeholders should be aware of potential regulatory changes and policy shifts that may affect the implementation of the Colorado Water Quality Control Act. For example, the Colorado Water Quality Control Commission is currently considering amendments to Regulation 31, which sets forth the basic standards and methodologies for surface water quality¹¹. These proposed changes aim to update and refine the water quality standards for various pollutants and to incorporate the latest scientific evidence and methodologies.

To stay informed about these and other regulatory developments, stakeholders can monitor the Colorado Department of Public Health and Environment's Water Quality Control Commission website¹², which provides access to meeting agendas, rulemaking notices, and other relevant information. Additionally, interested parties can join the commission's email list to receive regular updates on regulatory activities and opportunities for public participation.

Additional Resources

Colorado Water Quality Control Commission Regulations: A comprehensive list of all regulations promulgated by the Colorado Water Quality Control Commission, with links to the full text of each regulation.