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,