SITE LOCATION AND DESIGN APPROVAL FOR DOMESTIC WASTEWATER TREATMENT WORKS David Kurz, P.E. Lead Wastewater Engineer Water Quality Control Division January 17, 2014

Objectives Provide information to facilitate: A better, general understanding of Regulation 22. More efficient interactions between Domestic WWTW owners, their engineers, and the WQCD on Regulation 22

Presentation Format Overview of General Process Not a detailed review of Regulation 22 or Design Criteria Specifics are included in those documents Clarifications of common misunderstandings

REFERENCE DOCUMENTS Colorado Water Quality Control Act (Title 25, Article 8, C.R.S.) Regulation No. 22 (Site Application/Design Review) and others listed in Regulation 43.4(A)(1)(b) Policies Regulation 22 Guidance Document (August 2010) Policy 6 (WQSA-6 Multiple OWTS) Wastewater Design Criteria

Authority and Requirements Water Quality Control Act, 25-8-702 “No person shall commence the construction of any domestic wastewater treatment works or the enlargement of the capacity of an existing domestic wastewater treatment works, unless the site location and the design for the construction or expansion have been approved by the division.” [emphasis added] Fees set in statute [25-8-702(b.7)] – effective July 1, 2007

Domestic Wastewater Treatment Works (DWWTW) Facility with capacity 2,000 gpd or more Includes pumping stations and interceptor sewers Does not include industrial wastewater treatment plants

Structure of Regulation 22 Key Components Definitions (22.2) Core Requirements (22.3 through 22.10) Section 22.3 – Policy considerations Project Specific Sections (22.4 through 22.8) WWTF requirements in 22.4, 22.5, or 22.8, as applicable to situation Pilot Study in 22.8 Section 22.9 - Factors Section 22.10 – In-Kind Replacement Design Review Process (22.11) Basis and Purpose (Starting at 22.12) Regulation 22 Guidance Document provides explanations My background

Evaluate Suitability of Proposed Site [25-8-702(2) C.R.S.] Local review Consider local long-range comprehensive plan and any approved water quality management plan for the area Confirm DWWTW can be managed to minimize potential adverse impact on water quality Encourage consolidation where feasible

Preliminary Effluent Limitations (PELs) Current PELs required: New WWTF and WWTF with capacity changes. Other WWTF modifications may require PELs. Obtain PELs before Site Location Application (incomplete without) PELs developed in the Permits Section of WQCD. Fee is required. Need capacity & discharge point Impacted by changes in: water quality standards stream flows and ambient water quality 18 month “shelf life”

Site Location Application Process Local approval PELs from Permit Section Submit fee, Site Location Application, and Engineering Report Assigned to Reviewer Comment and Response Letters as needed Approval

Notes re: SA Process Local Review / Completeness Emphasis on local review and public notification processes WQCD is not the only agency involved in review Owner must submit SA local authorities and 208 planning agency (if one exists). These agencies may have other requirements and time lines that may impact timing of SA processing. WQCD cannot take action on a site location application until the local review process is completed The Division review begins after receiving fee and complete submittal (e.g., Emergency Operations Plan in §22.4(1)(b)(xiv) to demonstrate owner’s ability to operate and maintain).

Items of Note re: SA Review and Approval Site Location Application Review and Approval Systems evaluated for other water quality requirements Informs the CDPS permit writing (evaluation of proposed treatment, changes to PELs/permit limits, capacity, etc.) Division does not issue concurrent site location and design approvals or verbal approvals. All approvals are issued in writing on CDPHE letterhead. Site Location Approvals good for 18 months to start construction. Site Location Approval is NOT approval for construction. Design approval is required prior to commencement of construction.

The Design Review Process Submit fee and Design Report Two step process for WWTF (new, expansions, modifications) Process Design Report (Division approval) Final Design (Design Engineer approval if streamlined as in section 22.11) Assigned to Reviewer Comment and Response Letters as needed Approval

‘Streamlined Final Design Approval’ Available ‘streamlined design review’ process for WWTFs. Allows ‘certification’ for approval of final design (plans and specifications) as long as specific requirements are met. SA and PDR approvals still required. Specific requirements in section 22.11.

Items of Note re: Design Review Process Small systems with groundwater discharge have closely coordinated SA, design review, and permit development. Design must be consistent with site location approval (organic & hydraulic capacities, SA conditions, etc.). Ensure that all submittals fully address design criteria requirements. Wastewater Design Criteria (Policy WPC-DR-1) has specific requirements for content of Process Design Report and final design. DORA requirements for P.E. signing and stamping engineering reports and drawings must be met. This includes technical documentation and drawings submitted in response to issues letters.

Notes to Speed Review SA and Design Review Submittals Contact Engineering Section Unit Manager to discuss project and clarify information before and after submittals are made. If the Division sends RFI letter regarding a SA or DR submittal, the sooner that the (adequate) response is received, the sooner that the review work can resume and move toward approval. Possible Alternative Technology? Don’t wait until the SA or design submittal. Contact WQCD to discuss. Design approval is still required for each site.

Common Process Pitfalls Not providing all necessary documentation Incompatible SA and DR capacity Alternative Technology Unsubstantiated data Planning Values Non-peer reviewed references Computer model input/output Compliance Points (flow, samples)

Available Resources Regulation 22 Regulation 22 Guidance Document Format Follows Regulation 22 Explains Interpretations Sets expectations for fulfilling requirements Engineering Section Unit Managers North = Douglas Camrud 303-692-3271 South = Amy Zimmerman 303-692-3545

Effective Use of Resources Entities and Consultants May: overlook or not foresee regulatory pitfalls misinterpret regulations not understand full implications of process Open communication with Division Discuss issues with Unit Manager/Review Engineer Set a clear pathway through the regulatory maze Get regulatory interpretations Find best and creative ways to work within regulations

Questions?

Reference Links (Note: Website may be changing …again.) http://www.colorado.gov/CDPHE/WQCD Site Application Forms: Use the link in “Services” box for Facility Design and Approval, then left bar or bottom of the page select Domestic Wastewater Facility Approval page, and the forms are provided under the ribbon for Domestic Wastewater Design Submittal Forms. Regulation 22: Use the link in the top navigation bar to “Boards/Commissions”, Water Quality Control Commission, lower middle box select Current Commission Regulations, Regulation 22 Policies: Use the link in “Services” box for Facility Design and Approval, then left bar or bottom of the page select Domestic Wastewater Facility Approval page, and the policies are provided under the ribbon for Domestic Wastewater Design Policies.