5 CCR 1002-102
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT REGULATION NO. 102 - WATER QUALITY CONTROL DIVISION CASH FEES 5 CCR 1002-102 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________
102.1 AUTHORITY
These regulations are promulgated pursuant to the Colorado Water Quality Control Act, section 25-8-205, C.R.S., and section 25-8-210, C.R.S.
102.2 PURPOSE
The purpose of this regulation is to set fees associated with the drinking water cash fund and the clean water cash fund. The drinking water cash fees cover a portion of the division's direct and indirect costs associated with implementing the federal “Safe Drinking Water Act,” 42 U.S.C., sec 300f et seq. and Section 25-1-114.1, Part 2 of Article 1.5, C.R.S. The clean water cash fees cover a portion of the division's direct and indirect costs associated with implementing the “Clean Water Act,” 33 U.S.C. sec 1251 et seq. and the “Water Quality Control Act” (C.R.S. Title 25, Art. 8).
102.3 DEFINITIONS
(1) “Colorado Water Quality Control Act” or “Act” means the Colorado Water Quality Control Act as from time to time amended, section 25-8-101, C.R.S., 1973, et seq.
(2) “Commission” means the water quality control commission created by section 25-8-201, C.R.S.
(3) “Division” means the Colorado Department of Public Health and Environment, Water Quality Control Division.
102.4 DRINKING WATER CASH FEES
(1) INTRODUCTION The cash fees generated from this section shall be used to implement the division's drinking water program. These fees cover a portion of the division's direct and indirect costs associated with administering the federal “Safe Drinking Water Act,” 42 U.S.C. sec. 300f et seq. as delegated by the U.S. Environmental Protection Agency, section 25-1-114.1, C.R.S., and C.R.S. Title 25, Art. 1.5, Pt. 2. All fees shall be credited to the drinking water cash fund per section 25-1.5-209(2)(a), C.R.S.
(2) DRINKING WATER ANNUAL CASH FEE SCHEDULE The following 102.4(2) Table A contains the drinking water cash fee schedule. The division may assess an annual fee upon public water systems, and all such fees shall be in accordance with 102.4(2) Table A. When the division determines that a groundwater source is under the direct influence of surface water, the system is reclassified as a surface water system per Colorado Primary Drinking Water Regulations Section 11.8(1)(b)(iv).
102.4(2) Table A Drinking Water Cash Annual Fee Schedule Facility Categories and Subcategories for Drinking Water Annual Fees Fees (a) Category 01 Community surface water systems FGD01A Population from 25 - 250 $96 FGD01B Population from 251 - 500 $128 FGD01C Population from 501 - 1,000 $396 FGD01D Population from 1,001 - 3,300 $594 FGD01E Population from 3,301 - 10,000 $1,105 FGD01F Population from 10,001 - 30,000 $2,362 FGD01G Population from 30,001 - 100,000 $6,308 FGD01H Population from 100,001 - 200,000 $11,837 FGD01I Population from 200,001 - 500,000 $19,728 FGD01J Population greater than 500,000 $27,619 (b) Category 02 Community groundwater systems FGD02A Population from 25 - 250 $96 FGD02B Population from 251 - 500 $128 FGD02C Population from 501 - 1,000 $281 FGD02D Population from 1,001 - 3,300 $396 FGD02E Population from 3,301 - 10,000 $868 FGD02F Population from 10,001 - 30,000 $1,973 FGD02G Population greater than 30,001 $5,682 (c) Category 03 Community-purchased surface water or groundwater systems FGD03A Population from 25 - 250 $96 FGD03B Population from 251 - 500 $128 FGD03C Population from 501 - 1,000 $198 FGD03D Population from 1,001 - 3,300 $319 FGD03E Population from 3,301 - 10,000 $626 FGD03F Population from 10,001 - 30,000 $1,105 102.4(2) Table A Drinking Water Cash Annual Fee Schedule FGD03G Population greater than 30,001 $3,154 (d) Category 04 Nontransient, noncommunity surface water systems FGD04A Population from 25 - 250 $96 FGD04B Population from 251 - 500 $128 FGD04C Population from 501 - 1,000 $358 FGD04D Population from 1,001 - 3,300 $511 FGD04E Population from 3,301 - 10,000 $792 FGD04F Population from 10,001 - 30,000 $2,132 FGD04G Population greater than 30,001 $5,682 (e) Category 05 Nontransient, noncommunity groundwater systems FGD05A Population from 25 - 250 $96 FGD05B Population from 251 - 500 $128 FGD05C Population from 501 - 1,000 $198 FGD05D Population from 1,001 - 3,300 $313 FGD05E Population from 3,301 - 10,000 $632 FGD05F Population from 10,001 - 30,000 $1,737 FGD05G Population greater than 30,001 $4,661 (f) Category 06 Nontransient, noncommunity-purchased surface water or groundwater systems FGD06A Population from 25 - 250 $96 FGD06B Population from 251 - 500 $128 FGD06C Population from 501 - 1,000 $160 FGD06D Population from 1,001 - 3,300 $236 FGD06E Population from 3,301 - 10,000 $415 FGD06F Population from 10,001 - 30,000 $1,028 FGD06G Population greater than 30,001 $2,528 (g) Category 07 Transient, noncommunity surface water systems FGD07A Population from 25 - 250 $96 102.4(2) Table A Drinking Water Cash Annual Fee Schedule FGD07B Population from 251 - 500 $128 FGD07C Population from 501 - 1,000 $313 FGD07D Population from 1,001 - 3,300 $396 FGD07E Population from 3,301 - 10,000 $709 FGD07F Population from 10,001 - 30,000 $792 FGD07G Population greater than 30,001 $5,057 (h) Category 08 Transient, noncommunity groundwater systems FGD08A Population from 25 - 250 $96 FGD08B Population from 251 - 500 $128 FGD08C Population from 501 - 1,000 $160 FGD08D Population from 1,001 - 3,300 $236 FGD08E Population from 3,301 - 10,000 $632 FGD08F Population from 10,001 - 30,000 $683 FGD08G Population greater than 30,001 $3,792 (i) Category 09 Transient, noncommunity-purchased surface water or groundwater systems FGD09A Population from 25 - 250 $96 FGD09B Population from 251 - 500 $128 FGD09C Population from 501 - 1,000 $140 FGD09D Population from 1,001 - 3,300 $160 FGD09E Population from 3,301 - 10,000 $396 FGD09F Population from 10,001 - 30,000 $555 FGD09G Population greater than 30,001 $1,903
102.5 CLEAN WATER CASH FEES
(1) INTRODUCTION The cash fees generated from this section shall be used to implement the division's clean water program. These fees cover a portion of the division's direct and indirect costs associated with administering the federal "Clean Water Act," 33 U.S.C. sec. 1251 et seq. as delegated by the U.S. Environmental Protection Agency, "Water Quality Control Act" (C.R.S. Title 25, Art. 8), and "On-Site Wastewater Treatment Systems Act" (C.R.S. Title 25, Art. 10). C.R.S. All fees shall be credited to the clean water cash fund per section 25-8-210(4), C.R.S. This section includes clean water cash annual fee schedules and clean water cash fees for regulatory requirements.
(2) CLEAN WATER ANNUAL CASH FEE SCHEDULES This section includes the clean water annual cash fee schedules for the following fee payor types: biosolids, commerce and industry, construction, municipal separate storm sewer systems, pesticides, and public and private utilities.
102.5(2) Table A Biosolids Cash Fee Schedule Invoice acronym: Water Biosolids (WB)
Fee Subcategory Description Annual Fee Category 1: Biosolids Fee per dry ton of biosolids which is 0101 $2.40 per dry ton beneficially used.
102.5(2) Table B Commerce and Industry Annual Cash Fee Schedule Invoice acronym: Water Industry (WI)
Fee Description Annual Fee Subcategory Category 2 Sand and gravel and placer mining individual permit 0201 Pit dewatering or wash-water discharge $1,183 0202 Stormwater discharge only $902 Category 3 Coal mining individual permit 0301 Sedimentation ponds, surface runoff only $2,033 0302 Mine water, preparation plant discharge $2,737 0303 Stormwater discharge (additional, when present) $902 Category 4 Hard rock mining individual permit 0401 Mine dewatering from 0 up to 49,999 gallons per day $4,460 0402 Mine dewatering from 50,000 up to 999,999 gallons per day $6,803 0403 Mine dewatering, 1,000,000 gallons per day or more $6,803 0404 Mine dewatering and milling with discharge $20,491 0405 Milling with discharge from 0 up to 49,999 gallons per day $6,949 0406 Milling with discharge from 50,000 gallons per day or more $13,855 0407 Stormwater discharge (additional, when present) $902 Category 5 General Permits 0501 Sand and gravel with process discharge and stormwater $560 0502 Sand and gravel without process discharge - stormwater only $156 0503 Coal mining $1,618 0504 Industrial - single municipal industrial - stormwater only $384 0505 Active mineral mines less than ten acres - stormwater only $259 0506 Active mineral mines - ten acres or more - stormwater only $778 0507 Inactive mineral mines - stormwater only $156 Minimal discharge of industrial or commercial waste waters - 0508 $812 general permit 102.5(2) Table B Commerce and Industry Annual Cash Fee Schedule Category 6 Power plants 0601 Cooling water only, no discharge $2,364 0602 Process water from 0 up to 49,999 gallons per day $4,460 0603 Process water from 50,000 up to 999,999 gallons per day $6,803 0604 Process water from 1,000,000 up to 4,999,999 gallons per day $20,491 0605 Process water from 5,000,000 gallons per day or more $20,491 Category 7 Sugar Processing 0701 Process water from 1,000,000 up to 4,999,999 gallons per day $20,491 0702 Process water, 5,000,000 gallons per day or more $20,491 Category 8 Petroleum refining 0801 Process water from 1,000,000 up to 4,999,999 gallons per day $20,491 Category 9 Fish Hatcheries 0901 Fish hatcheries $1,700 Category 10 Manufacturing and other industries:
1001 Cooling water only $2,364 1002 Process water from 0 up to 49,999 gallons per day $4,460 1003 Process water from 50,000 up to 999,999 gallons per day $6,803 1004 Process water from 1,000,000 up to 4,999,999 gallons per day $20,491 1005 Process water from 5,000,000 up to 19,999,999 gallons per day $25,178 1006 Process water from 20,000,000 gallons per day or more $40,983 1007 Amusement and recreation services $3,070 Category 11 Individual industrial stormwater permits:
1101 Individual industrial - less than ten acres $612 1102 Individual industrial - ten acres or more $778 1103 Individual industrial - stormwater only - international airports $12,900
Fee Subcategory Description Annual Fee Category 12: Construction General Permits 1201 Low complexity $820 1202 High complexity $2,000 Construction - stormwater only; less than 1 acre of 1203 $165 disturbed area Construction - stormwater only; from 1 acre to less 1204 $350 than 30 acres Construction - stormwater only; 30 acres or more of 1205 $540 disturbed area Category 13: Construction Individual Permits 1301 Individual permit for construction discharges $4,400
102.5(2) Table E Pesticides Cash Fee Schedule Invoice acronym: Water Pesticides (WP)
Fee Subcategory Description Annual Fee Category 16: Pesticides 1601 Pesticide application $281
102.5(2) Table F Public and Private Utilities Cash Fee Schedule Invoice acronym: Water Utilities (WU)
Fee Description Annual Fee Subcategory Category 17: Water treatment plants individual permits 1701 Routine discharge $1,140 Category 18: Water treatment plants general permits 1801 Water treatment plants--intermittent discharge $661 1802 Water treatment plants--routine discharge $994 Category 19: Domestic wastewater – lagoons 1901 Sewage from 0 up to 49,999 gallons per day $731 1902 Sewage from 50,000 up to 99,999 gallons per day $1,175 1903 Sewage from 100,000 up to 499,999 gallons per day $1,711 1904 Sewage from 500,000 up to 999,999 gallons per day $2,948 1905 Sewage from 1,000,000 up to 1,999,999 gallons per day $4,408 102.5(2) Table F Public and Private Utilities Cash Fee Schedule 1906 Sewage from 2,000,000 gallons per day or more $8,984 Category 20: Domestic wastewater - mechanical plants 2001 Sewage from 0 up to 19,999 gallons per day $855 2002 Sewage from 20,000 up to 49,999 gallons per day $1,363 2003 Sewage from 50,000 up to 99,999 gallons per day $2,003 2004 Sewage from 100,000 up to 499,999 gallons per day $3,116 2005 Sewage from 500,000 up to 999,999 gallons per day $5,173 2006 Sewage from 1,00,000 up to 2,499,999 gallons per day $8,470 2007 Sewage from 2,500,000 up to 9,999,999 gallons per day $15,869 2008 Sewage from 10,000,000 up to 49,999,999 gallons per day $27,510 2009 Sewage from 50,000,000 up to 99,999,999 gallons per day $31,738 2010 Sewage from 100,000,000 gallons per day or more $34,909 Category 21: Domestic facilities - general permit 2101 Sewage from 0 up to 49,999 gallons per day $633 2102 Sewage from 50,000 up to 199,999 gallons per day $1,113 2103 Sewage from 200,000 up to 599,999 gallons per day $1,627 2104 Sewage from 600,000 up to 999,999 gallons per day $2,587 Category 22: Industrial dischargers discharging to publicly owned treatment works with pretreatment programs, subject to categorical effluent standards, not including categorical industries subject to zero-discharge standards:
2201 Very low flow, up to 100 gallons per day $406 2202 From 100 up to 9,999 gallons per day $972 2203 From 10,000 up to 50,000 gallons per day $1,456 2204 From 50,000 gallons per day or more $1,943 Category 23: All other significant industrial dischargers discharging to publicly owned treatment works with pretreatment, including categorical industries subject to zero-discharge standards: 102.5(2) Table F Public and Private Utilities Cash Fee Schedule 2301 Up to 10,000 gallons per day $244 2302 From 10,000 up to 50,000 gallons per day $486 2303 From 50,000 gallons per day or more $646 Category 24: Industrial dischargers discharging to publicly owned treatment works without pretreatment programs, subject to categorical effluent standards, not including categorical industries subject to zero-discharge standards:
2401 Up to 10,000 gallons per day $1,133 2402 From 10,000 up to 50,000 gallons per day $1,781 2403 50,000 gallons per day or more $2,428 Category 25: All other significant industrial dischargers discharging to publicly owned treatment works without pretreatment programs, including categorical industries subject to zero-discharge standards:
2501 Up to 10,000 gallons per day $486 2502 From 10,000 to 50,000 gallons per day $728 2503 > 50,000 GPD $972 2504 From 50,000 gallons per day or more $972 Category 26: Pretreatment for domestic wastewater – lagoons 2601 Sewage from 0 up to 49,999 gallons per day $105 2602 Sewage from 50,000 up to 99,999 gallons per day $105 2603 Sewage from 100,000 up to 499,999 gallons per day $105 2604 Sewage from 500,000 up to 999,999 gallons per day $105 2605 Sewage from 1,000,000 up to 2,499,999 gallons per day $113 2606 Sewage from 2,500,000 gallons per day or more $131 Category 27: Pretreatment for domestic wastewater - mechanical plants 2701 Sewage from 0 up to 19,999 gallons per day $105 2702 Sewage from 20,000 up to 49,999 gallons per day $105 2703 Sewage from 50,000 up to 99,999 gallons per day $105 102.5(2) Table F Public and Private Utilities Cash Fee Schedule 2704 Sewage from 100,000 up to 499,999 gallons per day $105 2705 Sewage from 500,000 up to 999,999 gallons per day $105 2706 Sewage from 1,000,000 up to 2,499,999 gallons per day $113 2707 Sewage from 2,500,000 up to 9,999,999 gallons per day $131 2708 Sewage from 10,000,000 up to 49,999,999 gallons per day $146 2709 Sewage from 50,000,000 up to 99,999,999 gallons per day $163 2710 Sewage from 100,000,000 gallons per day or more $178 Category 28: Wastewater reuse authorizations 2801 Reuse up to 99,999 gallons per day $626 2802 Reuse from 100,000 up to 499,000 gallons per day $1,169 2803 Reuse from 500,000 up to 999,999 gallons per day $1,947 2804 Reuse from 1,000,000 up to 2,499,999 gallons per day $3,199 2805 Reuse from 2,500,000 up to 9,999,999 gallons per day $5,980 2806 Reuse from 10,000,000 gallons per day or more $8,762 (3) CLEAN WATER NON-ANNUAL CASH FEES This section includes the clean water cash fee schedules for the following regulatory requirements: permit application, permit modification, preliminary effluent limits, on-site wastewater treatment system, site application and design review, and water quality certifications.
102.5(3) Table A Preliminary Effluent Limitations Cash Fee Schedule Invoice acronym: Water Limits (WL)
Fee Description Fee Subcategory Category 29: Preliminary Effluent Limitations for Individual Permits 2901 Less than 100,000 gallons per day $2,921 2902 From 100,000 up to 999,999 gallons per day $5,841 2903 From 1,000,000 up to 9,999,999 gallons per day $8,762 2904 From 10,000,000 gallons per day or more $11,683 Category 30: Preliminary Effluent Limitations for General Permits 102.5(3) Table A Preliminary Effluent Limitations Cash Fee Schedule 3001 From 0 up to 1,000,000 gallons per day $1,460 Category 31: Preliminary Effluent Limitations for Discharges to Groundwater 3101 Minor facilities: less than 1,000,000 gallons per day $731 3102 Major facilities: 1,000,000 gallons per day or more $1,169 Category 32: Review of Preliminary Effluent Limitations for Individual Permits Professionally Prepared by Others 3201 Minor facilities: less than 1,000,000 gallons per day $2,191 3202 Major facilities: 1,000,000 gallons per day or more $4,381
102.5(3) Table B Wastewater Site Applications and Design Reviews Fee Description Fee Subcategory Category 33 Wastewater site applications (WS):
Invoice acronym: Water site applications (WS)
3301 New wastewater treatment plants, less than 100,000 gallons per day $10,762 Expansion of wastewater treatment plants, less than 100,000 gallons per 3302 $8,610 day 3303 New wastewater treatment plants from 100,000 to 999,999 gallons per day $21,525 102.5(3) Table B Wastewater Site Applications and Design Reviews Expansion of wastewater treatment plants from 100,000 to 999,999 gallons 3304 $17,220 per day New wastewater treatment plants from 1,000,000 to 9,999,999 gallons per 3305 $32,287 day Expansion of wastewater treatment plants from 1,000,000 to 9,999,999 3306 $25,830 gallons per day 3307 New wastewater treatment plants, 10,000,000 gallons per day or more $43,050 Expansion of wastewater treatment plants, 10,000,000 gallons per day or 3308 $34,441 more 3309 New lift stations, less than 100,000 gallons per day $2,692 3310 Expansion of lift stations, less than 100,000 gallons per day $2,153 3311 New lift stations from 100,000 to 999,999 gallons per day $5,381 3312 Expansion of lift stations from 100,000 to 999,999 gallons per day $4,305 3313 New lift stations from 1,000,000 to 9,999,999 gallons per day $8,072 3314 Expansion of Lift stations from 1,000,000 to 9,999,999 gallons per day $6,457 3315 New lift stations, 10,000,000 gallons per day or more $10,762 3316 Expansion of lift stations, 10,000,000 gallons per day or more $8,610 Amendments to site applications concerning a change from gas 3317 chlorination to liquid chlorination or from any form of chlorination to $627 ultraviolet light disinfection, less than 100,000 gallons per day Amendments to site applications concerning a change from gas 3318 chlorination to liquid chlorination or from any form of chlorination to $1,256 ultraviolet light disinfection from 100,000 to 999,999 gallons per day Amendments to site applications concerning a change from gas 3319 chlorination to liquid chlorination or from any form of chlorination to $1,883 ultraviolet light disinfection from 1,000,000 to 9,999,999 gallons per day Amendments to site applications concerning a change from gas 3320 chlorination to liquid chlorination or from any form of chlorination to $2,511 ultraviolet light disinfection, 10,000,000 gallons per day or more 3321 Other amendments to site application, less than 100,000 gallons per day $897 Other amendments to site applications from 100,000 to 999,999 gallons 3322 $1,794 per day 3323 $2,692 Other amendments to site applications from 1,000,000 to 9,999,999 gallons 102.5(3) Table B Wastewater Site Applications and Design Reviews per day Other amendments to site applications, 10,000,000 gallons per day or 3324 $3,586 more 3325 On-site wastewater treatment systems $6,259 3326 Extension $904 3327 Interceptor site applications $1,808 3328 Interceptor certifications $417 3329 Outfall sewers $1,808 Category 34 Wastewater Design Review Invoice acronym: Water design review (WD)
3401 New wastewater treatment plants, less than 100,000 gallons per day $6,815 Expansion of wastewater treatment plants, less than 100,000 gallons per 3402 $5,424 day 3403 New wastewater treatment plants from 100,000 to 999,999 gallons per day $13,769 Expansion of wastewater treatment plants from 100,000 to 999,999 gallons 3404 $10,987 per day New wastewater treatment plants from 1,000,000 to 9,999,999 gallons per 3405 $20,584 day Expansion of wastewater treatment plants from 1,000,000 to 9,999,999 3406 $16,411 gallons per day 3407 New wastewater treatment plants, 10,000,000 gallons per day or more $27,399 Expansion of wastewater treatment plants, 10,000,000 gallons per day or 3408 $21,975 more 3409 New lift stations, less than 100,000 gallons per day $1,669 3410 Expansion of lift stations, less than 100,000 gallons per day $1,391 3411 New lift stations from 100,000 to 999,999 gallons per day $3,477 3412 Expansion of lift stations from 100,000 to 999,999 gallons per day $2,782 3413 New lift stations from 1,000,000 to 9,999,999 gallons per day $5,146 3414 Expansion of lift stations from 1,000,000 to 9,999,999 gallons per day $4,172 3415 New lift stations 10,000,000 gallons per day or more $6,815 102.5(3) Table B Wastewater Site Applications and Design Reviews 3416 Expansion of lift stations 10,000,000 gallons per day or more $5,424 Amendments to site applications concerning a change from gas 3417 chlorination to liquid chlorination or from any form of chlorination to $695 ultraviolet light disinfection, less than 100,000 gallons per day Amendments to site applications concerning a change from gas 3418 chlorination to liquid chlorination or from any form of chlorination to $1,391 ultraviolet light disinfection from 100,000 to 999,999 gallons per day Amendments to site applications concerning a change from gas 3419 chlorination to liquid chlorination or from any form of chlorination to $2,086 ultraviolet light disinfection from 1,000,000 to 9,999,999 gallons per day Amendments to site applications concerning a change from gas 3420 chlorination to liquid chlorination or from any form of chlorination to $2,782 ultraviolet light disinfection, 10,000,000 gallons per day or more 3421 Other amendments to site application, less than 100,000 gallons per day $974 Other amendments to site applications, from 100,000 to 999,999 gallons 3422 $1,947 per day Other amendments to site applications, from 1,000,000 to 9,999,999 3423 $2,921 gallons per day Other amendments to site applications, 10,000,000 gallons per day or 3424 $3,894 more 3425 On-site wastewater treatment systems $4,172 3426 Interceptor site applications $1,947 3427 Outfall sewers $1,947
102.6 INFLATIONARY FEE ADJUSTMENTS
The commission may, by rule, annually adjust the fee amounts in sections 102.4 and 102.5 based on the percentage change in the United States Department of Labor’s Bureau of Labor Statistics Consumer Price Index for Denver-Aurora-Lakewood for all items and all urban consumers or its successor index. The inflationary increase shall not exceed four percent per year without additional engagement. On or before January 1, 2027, and on or before January 1 of each year thereafter, the division shall hold at least one meeting with stakeholders to discuss any inflationary adjustment proposals of up to four percent per year and plans for more stakeholder engagement if additional fee adjustments are needed.
102.7 DIVISION COMMITMENT TO PERFORMANCE IMPROVEMENT AND REPORTING
(1) TIMEFRAMES FOR PERMITTING ACTIONS The division shall propose rules to the commission that establish a timeframe for each permit action pursuant to section 25-8-502(7)(a) and as these terms are defined in the Colorado Discharge Permit Regulations, 5 CCR 1002-61, or Regulation 61. This will include establishing timeframes for issuing new and renewal certifications under general permits. Pursuant to section 25-8-502(7)(a), by June 30, 2028, the commission shall adopt rules for such timeframes based on the division’s proposal. In addition to section 25-8-502(7)(a) requirements, the proposal will consider existing 180-day requirements for modifications and issuing new permits. Additionally, the proposal shall include rules regarding sanctions, such as a fee refund by the division, if timeframes are not met. By October 31, 2026, the division shall also inform the Commission at an informational hearing of the Division’s draft proposed detailed methodology and rationale for establishing permitting timeframes for all categories of permits; and provide a list of viable, effective options, informed by stakeholder input, for sanctions if timeframes are not met.
(2) BACKLOG-REDUCTION SCHEDULE By December 31, 2026, the division will evaluate and develop a backlog-reduction schedule to include in each subsequent annual report that is submitted to the Commission pursuant to section 25-8-305, C.R.S. The division will use the following format for the backlog-reduction schedule:
(3) REPORT OUT ON PROGRESS TOWARDS IMPROVEMENTS ON PERMITS PROCESSING Twice per year, the division shall make available information for the public on its progress towards permits efficiencies, communications, transparency, and accountability. One of these report-outs will include reporting-out to the Water Quality Control Commission through an informational hearing.
102.8 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE: MAY 13, 2024 RULEMAKING HEARING; FINAL ACTION MAY 13, 2024 EFFECTIVE JULY 15, 2024 The provisions of Colorado Revised Statutes section 25-8-210 provides the specific statutory authority for setting fees by regulation. In compliance with Colorado Revised Statutes Section 24-4-103(4), the Commission has adopted the following Statement of Basis and Purpose. BASIS AND PURPOSE Section 25-8-210, C.R.S., directs the Commission that “on or before October 31, 2025, the Commission shall establish the following fees by rule:
(1) Drinking water fees assessed on public water systems pursuant to section 25-1.5-209 (1), as that section existed prior to its repeal on July 1, 2026.
(2) Commerce and industry sector permitting fees assessed pursuant to section 25-8-502 (1.1)(b), as that section existed prior to its repeal on July 1, 2026.” The Commission and Division have fulfilled the requirements of Section 25-8-210(1)(c)(II), C.R.S., as all permit holders and public water systems have been notified of the fee setting by rule stakeholder process. In addition, the Division’s stakeholder process for this effort is well documented on its website. In addition, the fee increases for this rulemaking will not be phased in over time. The Commission has determined that the fees for the drinking water cash fund and the clean water cash fund's commerce and industry fee payor type should be established in the rule as soon as practicable. Both funds generate significantly less than the revenue required to sustain the staffing and support necessary to provide the required services. These services are necessary to administer the Safe Drinking Water Act and Clean Water Act in Colorado. The legislature establishes the spending authority for these funds. The spending authority reflects the cost to operate the Division and increases through time to account for inflation in the cost of drinking water and clean water staff support and maintenance of the Division’s general and administrative services for staff and the public. The Commission found that fee increases are necessary as a component of the funding needed to maintain existing Division services for the drinking water program and commerce and industry fee payors. In addition, the Commission understands that the projected revenue for other Division cash funds is sufficient for state fiscal year 24- 25 and that those funds do not require an increase during this rulemaking. The drinking water fee increase resulted in fee increases ranging from $10 to $2,812 per year, or a 13 percent increase. The commerce and industry fee increase resulted in fee increases ranging from $16 to $4,136 per year, or a 13 percent increase. The Commission understands that this is the first step that these fee increases are not the total amount needed for the Division to maintain existing services and that the Division is exploring options to fill the gap so that the Division can maintain existing services as well as to address environmental justice needs. In addition, the Commission and Division understand that fee payors would like to have advance notice of fee increases for budget planning purposes and will strive to provide timely information that helps fee payors with budget planning. The Commission recognizes that the Division has conducted outreach to obtain stakeholder input regarding the total funding for the Division, including federal money, money from the General Fund, and all cash fees, and that those efforts are ongoing per Section 25-8-210(2)(a). In addition, the Commission anticipates that the May 2025 fee-setting rulemaking will revisit decisions made as part of this rulemaking and will be more expansive to cover all of the Division's cash fees and meet the requirements outlined in Section 25-8-210, C.R.S.
102.9 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE: OCTOBER
(a) Colorado Revised Statutes provisions Section 25-8-210, C.R.S., directs the Commission that “on or before October 31, 2025, the Commission shall establish the following fees by rule:
(b) Senate Bill 23-274: Water Quality Control Fee-setting By Rule Establishing the fees by rule is a result of Senate Bill 23-274, which directs the Water Quality Control Commission to set these fees by rule by Oct. 31, 2025. The fees listed above will be repealed from statute July 1, 2026. Additionally, Senate Bill 23-274 creates the clean water cash fund and the fees collected under section 102.5 will be credited to that new cash fund. The Commission acknowledges that the division develops an annual report pursuant to 25-8-305, C.R.S., but that one section, 25-8-305(3), C.R.S., directing the division to track direct and indirect costs will be repealed. Even though this section will be repealed as of July 1, 2026, the division will continue tracking revenue and direct and indirect costs for those fees now in sections 102.5(2) and 102.5(3) of this regulation: commerce and industry, construction, pesticide, public and private utilities, municipal separate storm sewer, water quality certifications, preliminary effluent limitation, and wastewater site applications and design reviews. Drinking water fees collected under section 102.4 will continue to be credited to the existing drinking water cash fund.
The Commission and division have fulfilled the requirements of sections 25-8-210(1)(c)(II) and 25-8- 210(2)(a), C.R.S., as all permit holders and public water systems have been notified of the fee setting by rule stakeholder process, and this effort is well documented on the division’s website. Additionally, the division conducted outreach to county representatives, representatives of local governments, conservation groups, environmental justice groups, and community members, including members of disproportionately impacted communities. The division obtained stakeholder input regarding the total funding for the division, including federal money, money from the General Fund, and all cash fees. The division also identified the revenue needed for the evaluation of the feasibility of treatment methods, variances, improving permit issuance processes, renewing permits, permit modifications, reducing permit backlog, and cost-benefit analysis preparation. Lastly, the division also conducted outreach on the fee structure and caps on the amount of fee increases.
(c) Fee structure adjustments The Commission maintained the same structure for drinking water fees and made slight adjustments to the clean water fee structure. The Commission also revised the category numbering from what was previously used to reflect the fee structure adjustments and to align department accounting codes with the regulation to help streamline accounting processes. The Commission eliminated 35 fee categories that have not been used and are not anticipated to be used in the future (see Table 1 at the end of section 102.9). Additionally, the Commission added two fees to the commerce and industry sector, and the coal mining and hardrock subsectors, specifically subcategories 0303 and 0407 in section 102.5(2)(b). These added subcategories reflect the existing practice of charging an additional fee for stormwater discharges added to an individual permit that otherwise addresses wastewater or process water discharges. Additionally, the Commission aligned the fee for commerce and industry subcategory 0401 in section 102.5(2)(b) to be the same as commerce and industry subcategories 0602 and 1002 in section 102.5(2)(b), which has the same gallon per day rate of 0 to 49,999 gallons per day. Additionally, the Commission aligned the fee for commerce and industry subcategory 0402 in section 102.5(2)(b) to be the same as the commerce and industry subcategories 0603 and 1003 in section 102.5(2)(b), which has the same gallon per day rate of 50,000 to 999,999 gallons per day. The Commission changed the fee structure for 401 water quality certifications. The regulatory language adopted by the Commission considers only three tiers for 401 water quality certifications and combines tier 3 and tier 4, both in statute previously, into one tier, tier 3. These two tiers functioned the same regarding how fees are calculated, and therefore the regulation simplifies the tier structure. The Commission also added the following statement: “All tier 3 projects with conditions, or projects with conditions that were classified as tier 4 under section 25-8-502(1.2)(a)(IV), C.R.S., prior to that provision’s repeal, may be assessed fees under this subsection (vi) regardless of the date the certification was issued,” to clarify that all existing certifications may be assessed fees for the monitoring of conditions.
(d) Fee adjustments The drinking water annual fee changes resulted in increases ranging from $11 to $3,177 per year, or a 13 percent increase. The commerce and industry annual fee changes resulted in increases ranging from $19 to $5,033 per year, or a 14 percent increase. The municipal separate storm sewer annual fee changes resulted in increases ranging from $65 to $1,926 per year, or a 14 percent increase. The public and private utilities annual fee changes resulted in increases ranging from $13 to $4,287 per year, or a 14 percent increase. The preliminary effluent fee changes resulted in increases ranging from $179 to $1,435 for service. The wastewater site application and design review fee changes resulted in increases ranging from $51 to $5,287.
The Commission acknowledges that the division evaluated with stakeholders the possibility of applying discounts to systems and facilities that serve disproportionately impacted communities while still generating sufficient revenue. The division developed a pilot model for drinking water systems as an example of how discounts could be offset by increased fees for systems that don’t serve disproportionately impacted communities. However, the division has insufficient data and geographic information to quantify how much of each system’s population is disproportionately impacted. This creates a risk that the division could assess increased fees on systems that would otherwise qualify for a discount if the division had sufficient data. The Commission acknowledges the division would require additional resources in order to collect and analyze sufficient data, and the increase in fees proposed in this rulemaking do not support those additional resource needs. While the division could accept attestation documentation for any system able to submit additional data to demonstrate they meet disproportionately impacted criteria, this would take additional time to manage. The costs to administer these discounts may outweigh the desired impact. For example, for a system that serves 5000 and meets the disproportionately impacted criteria, a savings of $125 in annual fees would result in only $0.025 reduction in cost per community member. Instead, the Commission acknowledges that the division may better serve fee-payors by continuing to focus on dedicating time to feasibility efforts, process improvements, and other areas to enhance transparency, efficiency, communications, and accountability. In addition, the Commission and division understand that fee payors would like to have advance notice of fee increases for budget planning purposes and will strive to provide timely information that helps fee payors with budget planning. While the Commission has the authority to assess fees beginning January 1, 2026, it would create confusion for many fee-payors if the division issued a second billing after January for fiscal year 2025-2026. Instead, the division will assess annual fees in sections 102.4 and 102.5(2) beginning in the fiscal year 2026-2027 billing cycle to streamline communications with fee-payors. As such, the fee increase impact on fee-payors is delayed about half a year. As provided for in section 102.5(3)(h), the division will begin assessing all the fees in section 102.5(3) beginning January 1, 2026, or, if the effective date on this regulation is after January 1, 2026, then on the effective date of this regulation, pursuant to section 25-8-210(1)(c)(I), C.R.S.
(e) Funding availability and service delivery The fees included in this regulation were set based on consideration of all of the division's funding sources, which includes General Fund and federal funds. The fees, in combination with current state and federal sources, are sufficient to cover the division’s current indirect and direct expenses associated with administering and implementing the federal Clean Water Act, 33 U.S.C. sec. 1251 et seq.; the federal “Safe Drinking Water Act,” 42 U.S.C. sec. 300f et seq.; section 25-1-114.1; part 2 of article 1.5 of title 25; article 8 of title 25; and the “On-site Wastewater Treatment Systems Act,” article 10 of title 25. The Commission understands that these fee increases do not cover the total revenue the division believes is needed to provide additional or enhanced services for the following clean water program activities: to evaluate the feasibility of treatment methods, support the development of variances, improve permit issuance processes, reduce permit backlogs, and prepare cost-benefit and regulatory analyses. Through the stakeholder engagement process, the division identified it would require an additional 32.4 FTE and $4.9M ongoing to support these activities. The division also identified it would require an additional 21 FTE and $3.4M ongoing to support the drinking water program implementing new federal rules. These resources are in addition to the 22 FTE that the General Assembly granted to help address permit backlogs and drinking water inspection backlogs for FY23-24 and FY24-25 only using general funds. The Commission acknowledges the division received input from stakeholders on these estimates and that stakeholders expressed concerns that the division should conduct activities that focus on efficiencies and accountability which may reduce the total resource needs the division identified. Recognizing the general fund support for the 22 FTE ended after FY24-25, the Commission acknowledges that the Colorado Department of Public Health and Environment submitted a budget request for the division for the state fiscal year 2025-2026 and beyond to secure resources to continue the division’s work in addressing permit backlogs and drinking water inspection backlogs. Due to state budget constraints, the department requested only to maintain the 22 FTE, but given the General Fund budget deficit, the 22 FTE would instead be funded with a mixture of cash funds, including the 13% increase for drinking water fees and 14% increase for clean water fees proposed in this rulemaking.
(f) Division permit performance improvements and reporting The Commission acknowledges the division has made progress in reducing the permit backlog, reducing the permit backlog for all permits from 75% to 50% between FY23-24 and FY24-25 due to the FY23-24 General Assembly’s investment, but when comparing the backlog between general permits and individual permits, more work needs to be done. As of November 1, 2024, the backlog for general permits that count towards EPA’s goal is 41% while individual permits are 81% backlog. The division focused on reducing the general permit backlog because general permits are a good training opportunity for new staff and the use of general permits to address backlog is an efficiency best practice. The division uses the same definition as EPA for backlog. EPA considers existing permits (both individual and general) backlogged if the permit is in need of reissuance but the permitting authority does not reissue the permit by or before 180 days after the expiration date. When EPA sets the 75% permit current goal, they do not consider master general permits — only the facilities covered under master general permits called certifications. Additionally, as of October 2023, EPA excludes construction stormwater certifications in the 75% permit current target. Backlog is calculated by dividing the number of permits backlogged within a certain category by the total number of permits in that category. For example, to generate the 41% general permit backlog as of November 1, 2024, the division divided 1,059 general permit certifications considered backlogged out of the total general permit certification universe of 2,596. This universe however did not include master general permits or stormwater construction certifications. During the 2025 legislative session, the General Assembly approved maintaining the division's current resource levels by passing Senate Bill 25-305, Water Quality Permitting Efficiency. With this funding level, the division anticipates it will be able to continue to make progress in reducing general and individual permit backlog and is exploring options to increase efficiencies, communications, accountability, and transparency for permits. Senate Bill 25-305 also has efficiency and transparency-related items and requirements for the division that are integrated into section 102.7 such as a requirement to propose timeframes for permitting actions.
The division contracted with a third-party consultant to evaluate the individual domestic wastewater permit processes. The Commission understands that individual domestic wastewater permitting includes similar process steps plus a few additional steps as compared to other individual permits and that this evaluation will inform how to streamline other individual permit processes. The division will continue to engage with stakeholders and evaluate if additional changes to regulations, such as Regulation 61, would be appropriate to facilitate the implementation of the recommendations from this process. The division also drafted an additional step in the permitting process to notify the permittee of a preliminary draft prior to posting for public notice — herein referred to as “preliminary notice.” This draft language is included in Regulation 61 which the commission reviewed during the same October 14, 2025, hearing as Regulation 102. The commission understands stakeholders want additional communications during the permit drafting process and that the division is committed to evaluating and implementing additional ways to engage and effectively communicate with permittees during the process. The Commission acknowledges the division meets with stakeholders through a permit performance improvement and reporting stakeholder effort that is focused on discussing actionable items for improved communications and other goals set in section 102.7.
The commission also acknowledges the division has committed to stakeholders to evaluate and develop a timeframe model to put into future regulation which sets timeframes for the division to either grant or deny applications for permitting actions and dictates consequences if the division does not meet such timeframes. This requirement in this regulation is in alignment with Senate Bill 25-305. Based on stakeholder input, the regulation expands the permitting actions covered in the bill to include the issuance of general permit certifications and also to consider the 180-day requirement for modifications and new permits. Additionally, the division must propose sanction provisions if the established timeframes are not met. In developing the model, the commission acknowledges the division will need time to develop a model based on division resources, the number of permittees, any adjustments to current permit processes, and information gathered through division activities such as the permit performance and reporting stakeholder effort and other process improvement activities. Additionally, there may be states that have models to consider that can help inform Colorado’s model. The division has already started this process as of June 1, 2025, and per section 102.7, the commission will adopt a timeframe regulation no later than June 30, 2028.
Additionally, the division has developed improved performance metrics via stakeholder input to enhance transparency, communications, and accountability regarding the division’s permit production. These performance metrics will be integrated into the division’s annual reports to the commission. The division will engage with permittee stakeholders on an annual basis to review the goals associated with the performance metrics as well as a permit work plan to show what permits the division plans to work on, at a minimum, for the upcoming year. Section 102.7 includes one performance metric the division must develop by December 31, 2026 (a backlog-reduction schedule), which will be informed by process improvement activities, efforts to evaluate and improve communications with permittees, and timeframes also outlined in Section 102.7. The commission acknowledges the division has started a permit performance improvement and reporting stakeholder effort to focus on these items. This effort will evaluate communications between division and permittees and will inform the permit process for both individual and general permits. In developing timeframes, a backlog-reduction schedule, and evaluating communications, the division will work to engage both general permittees and individual permittees to inform how to accomplish all activities. Additionally, the division will engage with permittees on progress made on any feasible process improvement recommendations that are a result of the third-party evaluation and how those process improvement activities may contribute to performance metric outcomes.
The division will be required to report out twice per year on progress made on improving communications, efficiencies, transparency, and accountability, as well as other activities that are described in section 102.7. This includes updates on Senate Bill 25-305 requirements including progress made on the use of independent, qualified contractors starting May 1, 2026 (section 25-8-503.7(1), C.R.S.), and on evaluating current debt service obligations (section 25-8-503(10)(a), C.R.S.). The reporting-out requirements in section 102.7 will be reevaluated when the fee regulation is revised.
(g) Inflationary increases The Commission acknowledges that historically the division’s revenue has not kept up with inflation. The cost of division staff and operations continues to increase, but fees have not increased to reflect those inflationary increases. Before the May 2023 rulemaking, which included a 13% increase for drinking water and commerce and industry fees, the last time the clean water fees were increased was in 2017 through House Bill 17-1285. That fee increase was only to maintain existing services and resources, not additional resources to help address the backlog. Drinking water fees were first introduced in statute in 2003, but those fees sunsetted in 2005. The fees then dropped down 38% of the 2003 fee service levels in 2007 fees for drinking water. The Commission intends to annually review this regulation and consider an adjustment based on the percentage change in the consumer price index noted in section 102.6. The division will engage with stakeholders prior to the rulemaking. To implement the inflationary adjustments in accordance with section 102.6, the Commission intends that the inflationary fee adjustments will be calculated using a process consistent with that used to calculate inflationary adjustments to the maximum water quality civil penalty in regulation 5 CCR 1002-101. Regulation 5 CCR 1002-101 uses the percentage change in the United States Department of Labor’s Bureau of Labor Statistics Consumer Price Index for Denver-Aurora. For example, the July 2023 Consumer Price Index was 323.298. The July 2024 Consumer Price Index was 329.418. This represented a 1.89% change, so the Commission would have proposed a 1.89% increase to the fees. The Commission is setting a cap of four percent for inflationary increases unless there is additional stakeholder engagement because the index for the past ten years has been less than four percent except for in the years 2022 and 2023. Table 1: Fee structure change: Eliminated unused fee-categories Below is a list of fee-categories that were eliminated from the fee-structure because there are, and have been, a lack of fee-payors.
SECTOR Sub-sector Permit Type Description Number of fee-payors Commerce Sand and gravel and Individual Pit dewatering only 0 and industry placer mining Commerce Sand and gravel and Individual Mercury use with 0 and industry placer mining discharge impact Commerce Hardrock mining Individual Mine dewatering and 0 and industry milling no discharge Commerce Hardrock mining Individual No discharge 0 and industry Commerce Oil shale Individual Sediment pond, surface 0 and industry runoff only Commerce Oil shale Individual Mine water from 0 up to 0 and industry 9,999 GPD Commerce Oil shale Individual Mine water from 50,000 0 and industry up to 999,999 GPD Commerce Oil shale Individual Mine water 1,000,000 0 and industry GPD or more Commerce Oil shale Individual Mine water and process 0 and industry water discharge Commerce Oil shale Individual No discharge 0 and industry Commerce Sand and gravel and General Placer mining 0 and industry placer mining Commerce Sand and gravel and General Department of 0 and industry placer mining transportation - sand and grave storm-water permit Commerce Coal mining General Coal degasification-- 0 and industry process water from 0 up to 49,999 Commerce Coal mining General Coal degasification-- 0 and industry process water from 50,000 up to 99999 SECTOR Sub-sector Permit Type Description Number of fee-payors GPD Commerce Coal mining General Coal degasification-- 0 and industry process water 100,000 GPD or more Commerce Sugar processing Individual Cooling water only--no 0 and industry discharge Commerce Sugar processing Individual Process water from 0 0 and industry up to 49,999 GPD Commerce Sugar processing Individual Process water from 0 and industry 50,000 up to 999,999 GPD Commerce Petroleum refining Individual Cooling water only--no 0 and industry discharge Commerce Petroleum refining Individual Process water from 0 0 and industry up to 49,999 GPD Commerce Petroleum refining Individual Process water from 0 and industry 50,000 up to 999,999 GPS Commerce Petroleum refining Individual Process water 0 and industry 5,000,000 GPD or more Commerce Manufacturing and Individual No discharge 0 and industry other industry Construction Construction General DOT is the permittee, 0 statewide permit for storm water construction discharges Construction Construction General Minimal discharge of 0 industrial or commercial wastewater MS4 MS4 Individual Municipalities of 10,000 0 or more but < 50,000 in population MS4 MS4 Individual Municipalities of 50,000 0 or more but < 100,000 in population SECTOR Sub-sector Permit Type Description Number of fee-payors Public and Water treatment plants Individual Intermittent discharge 0 private utilities Public and Water treatment General Discharges associated 0 private with treated water utilities distribution systems Public and Water treatment General Discharges associated 0 private with treated water utilities distribution systems Public and Water treatment General Discharges associated 0 private with treated water utilities distribution systems Public and W/O pretreatment, all Individual < 10,000 GPD 0 private other dischargers utilities discharging to POTWs, including categorical w zero discharge sts Public and W/O pretreatment, all Individual 10,000-50,000 GPD 0 private other dischargers utilities discharging to POTWs, including categorical w zero discharge sts Public and W/O pretreatment, all Individual > 50,000 GPD 0 private other dischargers utilities discharging to POTWs, including categorical w zero discharge sts Public and Pretreatment w Individual Pit dewatering only 0 private significant dischargers utilities to POTW, include categorical with zero discharge stds _________________________________________________________________________ Editor’s Notes History New rule eff. 07/15/2024.
Entire rule eff. 12/31/2025.