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JAN-19-1999 TUE 10 29 AM PARCEL MAURO PC O 1917 tF113 PUBLIC 1~RD COItPOP:A170N AIZ, RIGFIIS RESEBVF~ .t . ~' FAX N0, 20 t:R 8, 8-97• P. 02/05 S/i9ti psg.3s 41.14 The provisions of sections 25~-202(1)(a), (b), and (~; 25-&203; and 258-204~C.R.S", provide the spedfie statutory stdltoriy for adoption of the aCached regulatory amendmerts. The Commission also adopted, in oomplanee wt@t section 24~-103(4) C.R.S., the following Stateme of Bas's and Purpose. A. P91NT OF COMPLIANCE The Commssion has rovised section 3.11.6 to eliminate the previous regfcrome that the Commssion establ~h a point of t:omptiance at the time of each ground water classification p eeedfng. The Commission determined that the tormv approach wi8 often be inappropriate. ero dassifications aro not boirrg establ'shed m address a spedfie contamination source. At the time of a d ssifieation proceeding, the Commission may not be aware of all corftamufation sources vriUrin the spa ' d area. In eddfiton, the Common has deUrmafed that establishment of poirftr of mmpGance try the ' 'on in the first ~rrce 'fs more wnsisment with the new framework established by Senate tall 181, ado in 1989. In this regulation the Commission is now establistfing aiheria to be ken into account D the Division in establishing such points of wmptiance. This structure is then parallel to that for er SB181 implementing agendas, who establish poirr~ of aompfgnce in accordance with ria adopted through rulemakirg. A definition of the term point of wmpfranri' has also been added by the regulat ry amendments. The defedtion roearxs the Comm ion's view thatit generely will tx more prated io etemnine compliance with the standards at a vertigl surface downgradient from Ufa regulated activity ( opposed to a point directly below the activity). However, the Commission retains autttority to design a point of fromfpfmrree other than a vertical surface on a rastiby-qse base when asite-spedfie point o compliance s adopted undo section 3.11.6 (~. ~, LEM_t=NT1NG_AGENCY COORDINATION In response >n 56181, the Commotion has amended the Basic S7andards for G and Water to dartfy that a point of wmp6enoe for activities that are regulated by implementing agendas d nttfied in that statute c not a part of th's regulation. CorrsBterd wlh the spirft of 58181, these other imple enting agenoes wll have the fast opporWnity to assure that adequate water qua6y protections p b1! the faolities in question. The Commission arrtiapates that Memoranda of Agreement entered i between the Water Quality Control Commission and Division and appropriate other agendas will pr e e medtanism m assure that the oUrer agendas' prograrrtt provide protection that is comparable to t provided by this regulation. Pursuant to SB181, the ultimate authority of the Commission a retain to appy additional regulation to such faaTities d necessary to ensure a eonsc~ern statewide rrdter qu lily control program. The Commission intends to monitor the implementation of SB7 B7 closely to assu that an acceptable overall water quaply r»ntrol program is maintained. A question was mead during the hearing as m whether Commission oveesight p ant to SB 1 Bi of other agendas' activities would Ne ony programmatic, or might atso address individtral, - e-speatic actions by cueh agendas. The Commission ardieipates that its oversight generaly wll be p rammatie. However, the Commirssion has auUrorily to act with respee! to ind'fvldual sAuations, if i[ believ its intervention "s necessary b aswre compliance wah the intern of Ufa Water Quality Control Ad f course, even if the Commission dfd choose to ad in such drcumstances, 8 would be limited m acting jtfrough the adoption of control regulations or permit reyulatiarrs WATER OUALRY CONTROL DMSION IMPLEMENTATION Section 3.11.0 (D) creates authonly for the Water Quafny Control Division to establ~ points of compliance whenever it has authority tb do so pursuarn>b disd+arge permit regale ons or control )ac THE CODE OF COLORADO REGUIJQIONS 5 CCR 1002-41