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<br />for new sources, toxic effluent standards, and schedules
<br />of compliance.
<br />(7) "Executive director" means the executive
<br />director of the department of public health and
<br />environment.
<br />(8) "Federal act" means the "Federal Water
<br />Pollution Control Act", commonly referred to as the
<br />"Clean Water Act".
<br />(8.5) "Industrial discharger" means any entity
<br />which introduces pollutants into a domestic wastewater
<br />treatment works from any nondomestic source subject
<br />to regulation under section 307 (b), (c), or (d) of the
<br />federal act.
<br />(9) "Irrigation return flow" means tail water,
<br />tile drainage, or surfaced groundwater flow from
<br />irrigated land.
<br />(10) "Issue" or "issuance" means the mailing
<br />to all parties of any order, permit, determination, or
<br />notice, other than notice by publication, by certified
<br />mail to the last address furnished to the agency by the
<br />person subject thereto or personal service on such
<br />person, and the date of issuance of such order, permit,
<br />determination, or notice shall be the date of such
<br />mailing or service or such later date as is stated in the
<br />order, permit, determination, or notice.
<br />(11) "Municipality" means any regional
<br />commission, county, metropolitan district offering
<br />sanitation service, sanitation district, water and
<br />sanitation district, water conservancy district,
<br />metropolitan sewage disposal district, service authority,
<br />city and county, city, town, Indian tribe or authorized
<br />Indian tribal organization, or any two or more of them
<br />which are acting jointly in connection with a sewage
<br />treatment works.
<br />(12) "Permit" means a permit issued pursuant
<br />to part 5 of this article.
<br />(13) "Person" means an individual,
<br />corporation, partnership, association, state or political
<br />subdivision thereof, federal agency, state agency,
<br />municipality, commission, or interstate body.
<br />(14) "Point source" means any discernible,
<br />confined, and discrete conveyance, including, but not
<br />limited to, any pipe, ditch, channel, tunnel, conduit,
<br />well, discrete fissure, container, rolling stock,
<br />concentrated animal feeding operation, or vessel or
<br />other floating craft, from which pollutants are or may be
<br />discharged. "Point source" does not include irrigation
<br />return flow.
<br />(15) "Pollutant" means dredged spoil, dirt,
<br />slulTY, solid waste, incinerator residue, sewage, sewage
<br />sludge, garbage, trash, chemical waste, biological
<br />nutrient, biological material, radioactive material, heat,
<br />wrecked or discarded equipment, rock, sand, or any
<br />industrial, municipal, or agricultural waste.
<br />(16) "Pollution" means the man-made, man-
<br />induced, or natural alteration of the physical, chemical,
<br />biological, and radiological integrity of water.
<br />(16.5) "Pretreatment requirement and
<br />standard" means any requirement, prohibition, standard,
<br />concentration, or effluent limitation described in
<br />
<br />enforceable pretreatment requirements by the
<br />commissio~ pursuant to section 25-8-205 (1) (b), (1) (c),
<br />or (l)(d).
<br />(17) "Promulgate" means and includes
<br />authority to adopt, and from time to time amend, repeal,
<br />modify, publish, and put into effect.
<br />(17.5) "Reclaimed domestic wastewater"
<br />means wastewater that has received treatment that
<br />enables the wastewater to meet the requirements,
<br />prohibitions, standards, and concentration limitations
<br />adopted by the commission for subsequent reuses other
<br />than drinking.
<br />(18) "Schedule of compliance" means a
<br />schedule of remedial measures and times including an
<br />enforceable sequence of actions or operations leading to
<br />compliance with any control regulation or effluent
<br />limitation.
<br />(19) "State waters" means any and all surface
<br />and subsurface waters which are contained in or flow in
<br />or through this state, but does not include waters in
<br />sewage systems, waters in treatment works of disposal
<br />systems, waters in potable water distribution systems,
<br />and all water withdrawn for use until use and treatment
<br />have been completed.
<br />(20) "Water quality standard" means any
<br />standard promulgated pursuant to section 25-8-204.
<br />
<br />25-8-104. Interpretation and construction of water
<br />quality provisions. (1) No provision of this article shall
<br />be interpreted so as to supersede, abrogate, or impair
<br />rights to divert water and apply water to beneficial uses
<br />in accordance with the provisions of sections 5 and 6 of
<br />article XVI ofthe constitution of the state of Colorado,
<br />compacts entered into by the state of Colorado, or the
<br />provisions of articles 80 to 93 oftitle 37, C.RS., or
<br />Colorado court determinations with respect to the
<br />determination and administration of water rights.
<br />Nothing in this article shall be construed, enforced, or
<br />applied so as to cause or result in material injury to
<br />water rights. The general assembly recognizes that this
<br />article may lead to dischargers choosing consumptive
<br />types of treatment techniques in order to meet water
<br />quality requirements. Under such circumstances, the
<br />discharger must comply with all of the applicable
<br />provisions of articles 80 to 93 oftitle 37, C.R.S., and
<br />shall be obliged to remedy any material injury to water
<br />rights to the extent required under the provisions of
<br />articles 80 to 93 of title 37, C.R.S. The question of
<br />whether such material injury to water rights exists and
<br />the remedy therefor shall be determined by the water
<br />court. This section shall not be interpreted so as to
<br />prevent the issuance of a permit pursuant to sections 25-
<br />8-501 to 25-8-503 which is necessary to protect public
<br />health. Nothing in this article shall be construed to
<br />allow the commission or the division to require
<br />minimum stream flows or minimum water levels in any
<br />lakes or impoundments.
<br />(2) The following criteria, in addition to those
<br />otherwise prescribed by law, shall apply to any policy,
<br />rule-making, adjudicatory, administrative, or executive
<br />
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