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HomeMy WebLinkAbout11596RESOLUTION NO. 11596 A RESOLUTION AUTHORIZING PARTICIPATION IN THE RULEMAKING HEARING ON SITE LOCATION AND DESIGN APPROVAL REGULATIONS FOR DOMESTIC WASTEWATER TREATMENT WORKS, REGULATION #22 (5 CCR 1002 -22) JULY 13, 2009. WHEREAS, the City of Pueblo owns, operates and maintains a wastewater system subject to the requirements of the federal Clean Water Act and the Colorado Water Quality Control Act; and WHEREAS, the City of Pueblo is directly impacted by the regulation in terms of compliance and finances; and and WHEREAS, the City of Pueblo's normal operations periodically are impacted by this rule; WHEREAS, affected parties are afforded the opportunity to comment on proposed operations through public hearing processes; and WHEREAS, the Colorado Department of Public Health and Environment has scheduled a public rulemaking hearing for Site Location And Design Approval Regulations For Domestic Wastewater Treatment Works, Regulation #22 (5 CCR 1002 -22) on July 13, 2009 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Wastewater Department is hereby authorized to participate in the Rulemaking Hearing for Site Location And Design Approval Regulations For Domestic Wastewater Treatment Works, Regulation #22 (5 CCR 1002 -22) scheduled for July 13, 2009. SECTION 2. The City Manager is directed to file for party status on behalf of the City of Pueblo, represented by the Wastewater Department and /or the City Attorney. A77ESTED SY: CITY CLERK INTRODUCED: April 27, 2009 BY: Judy Weaver Councilperson APPR t)' 40 �- PRESIDENTof City Council 4 Background Paper for Proposed RESOLUTION DATE: April 27, 2009 DEPARTMENT: WASTEWATER DEPARTMENT GENE MICHAEL, DIRECTOR TITLE AGENDA ITEM # 10 A RESOLUTION AUTHORIZING PARTICIPATION IN THE RULEMAKING HEARING ON SITE LOCATION AND DESIGN APPROVAL REGULATIONS FOR DOMESTIC WASTEWATER TREATMENT WORKS, REGULATION #22 (5 CCR 1002 -22) IN JULY 2009. ISSUE Should the City Council Authorize Participation In The Rulemaking Hearing On Site Location And Design Approval Regulations For Domestic Wastewater Treatment Works, Regulation #22 (5 CCR 1002 -22) in July 2009. RECOMMENDATION Approve this Resolution. BACKGROUND This regulation is enacted by the Colorado Department of Public Health to control construction of new wastewater systems and rehabilitation of existing wastewater systems. This rule has significant impacts on wastewater construction projects particularly with respect to project scheduling and engineering design. Both stakeholders and the Colorado Department of Public Health have agreed that this regulation needs to be revised to make the review and approval process more efficient. The Colorado Department of Public Health convened a workgroup process in which the City of Pueblo Wastewater staff has participated. A rulemaking hearing is scheduled for July 13, 2009. Examples of changes include allowing professional engineers to self - certify project design, eliminating the requirement for detailed plan review by the state, and loosening the restrictions applied to in -kind replacements of equipment. City staff agrees with the proposed rule and has attached a copy of our Responsive Prehearing Statement. Rebuttal Statements will be due by June 29, 2009. Whether Pueblo will file a rebuttal statement and the nature of such comment will be determined by the Responsive Prehearing Statements of other parties. A copy of the proposed rule is attached. FINANCIAL IMPACT There is no immediate financial impact to the City of Pueblo. Adoption of the proposed rules will result in projects reviews that more accurately reflect water quality standards and the intent of the Water Quality Control Commission, which is expected to help Pueblo to control future wastewater treatment costs. BEFORE THE COLORADO WATER QUALITY CONTROL COMMISSION RESPONSIVE PREHEARING STATEMENT OF THE CITY OF PUEBLO IN THE MATTER OF PROPOSED REVISIONS TO THE SITE LOCATION AND DESIGN APPROVAL REGULATIONS FOR DOMESTIC WASTEWATER TREATMENT WORKS, REGULATION #22 (5 CCR 1002 -22). The City of Pueblo, a Municipal Corporation, (hereinafter referred to as "Pueblo "), submits this Responsive Prehearing Statement of Pueblo, in accordance with the Water Quality Control Commission's Procedural Rules, Regulation No. 21, and the Notice of Public Rulemaking Hearing ( "Notice ") in the above captioned proceeding. I. POSITION Pueblo appreciates the hard work done by the Division through the stakeholder workgroup process to make revisions to the Site Location and Design Approval Regulations for Domestic Wastewater Treatment Works, Regulation 22. The efforts of Division staff, primarily Dave Akers and Jennifer Miller, to make this a productive process are greatly appreciated. Pueblo staff has reviewed the proposed revisions to Regulation 22 and supports the changes as proposed by the Division, to make the site application review and approval process more efficient. II. WITNESSES 1. Mr. Gene Y. Michael, Director, Pueblo Wastewater Enterprise, 211 East "D" Street, Pueblo, CO, 81003, Telephone:(719)553 -2261. 2. Ms. Nancy Keller, Regulatory Compliance Specialist, Pueblo Wastewater Enterprise, 211 East "D" Street, Pueblo, CO, 81003, Telephone:(719)553- -2278. Dated this day of April, 2007. Respectfully submitted,