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<br />(2) It is further declared to be the public policy
<br />of this state to conserve state waters and to protect,
<br />maintain, and improve, where necessary and reasonable,
<br />the quality thereof for public water supplies, for
<br />protection and propagation of wildlife and aquatic life,
<br />for domestic, agricultural, industrial, and recreational
<br />uses, and for other beneficial uses, taking into
<br />consideration the requirements of such uses; to provide
<br />that no pollutant be released into any state waters
<br />without first receiving the treatment or other corrective
<br />action necessary to reasonably protect the legitimate and
<br />beneficial uses of such waters; to provide for the
<br />prevention, abatement, and control of new or existing
<br />water pollution; and to cooperate with other states and
<br />the federal government in carrying out these objectives.
<br />(3) It is further declared that protection of the
<br />quality of state waters and the prevention, abatement,
<br />and control of water pollution are matters of statewide
<br />concern and affected with a public interest, and the
<br />provisions of this article are enacted in the exercise of
<br />the police powers of this state for the purpose of
<br />protecting the health, peace, safety, and general welfare
<br />of the people of this state.
<br />(4) This article and the agencies authorized
<br />under this article shall be the final authority in the
<br />administration of water pollution prevention, abatement,
<br />and control. Notwithstanding any other provision of
<br />law, no department or agency of the state, and no
<br />municipal corporation, county, or other political
<br />subdivision, having jurisdiction over water pollution
<br />prevention, abatement, and control, shall issue any
<br />authorization for the discharge of pollutants into state
<br />waters unless authorized to do so in accordance with
<br />this article.
<br />(5) It is further declared that the general
<br />assembly intends that this article shall be construed to
<br />require the development of a water quality program in
<br />which the water quality benefits of the pollution control
<br />measures utilized have a reasonable relationship to the
<br />economic, environmental, energy, and public health
<br />costs and impacts of such measures, and that before any
<br />final action is taken, with the exception of any
<br />enforcement action, consideration be given to the
<br />economic reasonableness of the action. Such
<br />consideration shall include evaluation of the benefits
<br />derived from achieving the goals of this article and of
<br />the economic, environmental, public health, and energy
<br />impacts to the public and affected persons.
<br />
<br />25-8-103. Defmitions. As used in this article, unless the
<br />context otherwise requires:
<br />(1) "Agricultural chemical" means any of the
<br />following:
<br />(a) A pesticide as defined in section 35-10-
<br />103, C.R.S.; or
<br />(b) A commercial fertilizer as defmed in
<br />section 35-12-103, C.R.S.
<br />(1.1) "Agricultural management area" means a
<br />designated geographic area defined by the
<br />commissioner of agriculture that includes natural or
<br />
<br />man-made features where there is a significant risk of
<br />contamination or pollution of groundwater from
<br />agricultural activities conducted at or near the land
<br />surface.
<br />(1.2) "Agricultural management plan" means
<br />any activity, procedure, or practice adopted as a rule by
<br />the commissioner of agriculture pursuant to article 4 of
<br />title 24, C.RS., in consultation with the Colorado
<br />cooperative extension service and the water quality
<br />control division, to prevent or remedy the introduction
<br />of agricultural chemicals into groundwater to the extent
<br />technically and economically practical.
<br />(1.3) "Best management practices" means any
<br />voluntary activity, procedure, or practice established by
<br />the department of agriculture, in consultation with the
<br />Colorado cooperative extension service and the water
<br />quality control division, to prevent or remedy the
<br />introduction of agricultural chemicals into groundwater
<br />to the extent technically and economically practical.
<br />(1.4) "Biosolids" means the accumulated
<br />residual product resulting from a domestic wastewater
<br />treatment works or other domestic sources. "Bioso1ids"
<br />does not include grit or screenings from a wastewater
<br />treatment works or commercial and industrial septage or
<br />individual sewage disposal systems as regulated by
<br />article 10 of tllis title.
<br />(1.5) "Commission" means the water quality
<br />control commission created by section 25-8-201.
<br />(1.7) "Commissioner" means the
<br />commissioner of agriculture.
<br />(2) "Control regulation" means any regulation
<br />promulgated by the commission pursuant to section 25-
<br />8-205.
<br />(3) "Discharge of pollutants" means the
<br />introduction or addition of a pollutant into state waters.
<br />(4) "Division" means the division of
<br />administration of the department of public health and
<br />environment.
<br />(5) "Domestic wastewater treatment works"
<br />means a system or facility for treating, neutralizing,
<br />stabilizing, or disposing of domestic wastewater which
<br />system or facility has a designed capacity to receive
<br />more than two thousand gallons of domestic wastewater
<br />per day. The term "domestic wastewater treatment
<br />works" also includes appurtenances to such system or
<br />facility, such as outfall sewers and pumping stations,
<br />and to equipment related to such appurtenances. The
<br />term "domestic wastewater treatment works" does not
<br />include industrial wastewater treatment plants or
<br />complexes whose primary function is the treatment of
<br />industrial wastes, notwithstanding the fact that human
<br />wastes generated incidentally to the industrial processes
<br />are treated therein.
<br />(6) "Effluent limitation" means any restriction
<br />or prohibition established under this article or federal
<br />law on quantities, rates, and concentrations of chenlical,
<br />physical, biological, and other constituents which are
<br />discharged from point sources into state waters,
<br />including, but not limited to, standards of performance
<br />
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