Colorado Wastewater Variances regulations & environmental compliance analysis

Colorado Wastewater Variances: What you need to know

Governing Law and Regulations

Water Quality Control Act: Colorado Revised Statutes (CRS) 25-8-101 to 25-8-406

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Variance requests: CRS 25-8-401(5)

Variances for biosolids: 5 CCR 1002-64.6

Regulatory Agencies

Colorado Department of Public Health and Environment (CDPHE) Water Quality Control Division (WQCD)

Water Quality Control Commission

U.S. Environmental Protection Agency (EPA) Region 8

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Colorado grants wastewater variances only to the extent allowed under federal law. The state follows federal rules for fundamentally different factor variances from national categorical pretreatment standards for discharges into publicly owned treatment works (POTWs). See the national section WASTEWATER VARIANCES for more information concerning federal rules.

Administration and enforcement. CDPHE's WQCD is responsible for the administration and enforcement of the state's wastewater variance regulations for effluent discharges related to the NPDES permit program. However, EPA Region 8 has primary responsibility for administering the NPDES pretreatment program in Colorado.

State Requirements


CRS 25-8-401(5)

Any request for a variance with respect to a permit condition must be made within 30 days after permit issuance. Requests for variances from any other regulation must be made within 30 days of legal notice of the regulation or before operation of any new or expanded facility that would be affected by the control regulations. A variance may also be sought within 30 days of facts becoming available which had not been reasonably available to the ...

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