Bill Summary for Bill Number Water Quality Control Commission Briefing

Final
Water Quality Control Commission Briefing

COMMITTEE ON JOINT AGRICULTURE AND NATURAL RESOURCES

Votes:

Action Taken:

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07:34 AM -- Water Quality Control Commission Briefing

Doug Benevento, Executive Director of the Department of Public Health and Environment (DPHE), outlined water quality efforts in Colorado, noting progress made at Cherry Creek State Park, and the Arkansas River (Attachment A). He also referred to the elimination of a backlog of disapproved water quality standards by the federal Environmental Protection Agency (EPA) for various water bodies or segments in the state, and provided information on Total Maximum Daily Loads (TMDL) for water bodies, which is the maximum amount of a particular pollutant allowed into a water body on a daily basis. Another handouts was distributed to the committee (Attachment B).

07:38 AM

Chris Wiant, chair of the Water Quality Control Commission (WQCC), introduced himself and the other WQCC commissioners and administrators present. Mr. Wiant gave a brief overview of the WQCC, and noted that its primary function is to administer the Colorado Water Quality Act by adopting water quality standards for the state. He said that the WQCC is able to adopt site-specific standards for a particular impaired water body or segment, if necessary, instead of using a "one-size-fits-all" approach often taken by the EPA. Responding to a question from the committee, Mr. Wiant asked each commissioner present to describe his or her experience and background.

07:45 AM

Commissioner Robert Sakata introduced himself, and stated that he is the most senior member of the commission, having served 8 years now. He described the efforts of the WQCC while serving as a commissioner, and noted public outreach efforts such as the publication of the Citizen's Guide to Colorado Water Quality Protection(Attachment B). He also provided details on the elimination by the WQCC of the backlog of disapproved water quality standards by the EPA.

07:53 AM

Commissioner Brian Nazarenus spoke about the Section 303(d) list of the federal Clean Water Act for Colorado, which is a list of impaired water bodies in the state. He noted that there are 6 water bodies on the list for Colorado. Mr. Nazarenus stated that when a water body is on the 303(d) list, the WQCC is responsible for determining TMDLs for the water body, and a plan to meet the TMDLs. He said that fines are only given to dischargers not complying with their water quality permit, and that the drought probably played a role in some of the 303(d) listings. Mr. Wiant provided further input on how the WQCC determines a water body or segment as impaired, which requires working with the EPA on the issue, though the EPA often takes a textbook approach to addressing impaired water bodies. Responding to a committee question regarding coordination with surrounding states to address water quality for shared water bodies, Mark Pifher, Director of the Water Quality Control Division (WQCD), DPHE, said that other states can submit comments to Colorado on water quality standards, and that Colorado will attempt to work with those states and the EPA on it. Paul Frohardt, Administrator of the WQCC, noted that Colorado has stayed ahead of the EPA schedule for developing TMDLs for impaired water bodies in the state over the last 8 years.

08:10 AM

Commissioner Chris Kraft provided input on the 303(d) list, and stated that dealing with the list can be a time-consuming and arduous task. Responding to questions from the committee, Mr. Benevento said the budget of the WQCD has grown by 27 percent over the last 4 years, and that water permit fee increases have contributed to this. Mr. Benevento stated that he believed the workload of the WQCD can be handled with the division's existing resources. Senator Isgar commented that he thought public dollars coming from the state's General Fund should be used primarily to finance the work of the WQCD. Mr. Benevento said that the WQCD fees are set to expire on July 1 of this year, but that a bill has been submitted to extend that.

08:19 AM

Mr. Pifher described the development of Concentrated Animal Feeding Operation (CAFO) standards in the state, noting that a CAFO has to be in compliance with water quality laws prior to getting a water quality permit, which can be expensive and time-consuming. He said the WQCD is attempting to simplify the permit application process for CAFOs.

08:29 AM

Mr. Pifher responded to a committee question about the WQCC not having sufficient knowledge of certain suspected water pollutants. Mr. Benevento discussed water testing techniques used by the WQCC. Responding to another committee question regarding the extent that industry influences the WQCD's rulemaking process, Mr. Benevento said that industry provides input and information to the division, but that the WQCD is ultimately responsible for the final decision concerning the adoption of rules.

08:33 AM

The joint meeting was adjourned.