Chapter 17.164 SITE SELECTION AND CONSTRUCTION
Chapter 17.164 SITE SELECTION AND CONSTRUCTIONLOCAL REGULATIONS OF SITE SELECTION AND CONSTRUCTION OF MAJOR NEW DOMESTIC WATER AND SEWAGE TREATMENT SYSTEMS AND MAJOR EXTENSIONS OF EXISTING DOMESTIC WATER AND SEWAGE TREATMENT SYSTEMS
A. Designated Activity Requiring Permit. Any activity wholly or partially within the unincorporated jurisdiction of the County of Pueblo which falls within one or more of the following criteria shall be considered to be site selection and construction of major new domestic water and sewage treatment systems and/or major extension of existing domestic water and sewage treatment systems requiring application to the Board of County Commissioners for a permit to conduct such activity:
(1) Domestic Water Systems. Is planned for or requires the creation of a major new domestic water system(s) or major extension(s) of an existing domestic water system(s), which means any new collection, pumping, storage, transmission line, distribution line, structure, or treatment facilities and any service line twelve (12) inches or greater in diameter or its equivalent proposed for any of the following:
(a) Service to one hundred (100) or more dwelling units not served at the time of permit of application,
(b) Service for commercial and/or industrial use equal to or greater than two hundred fifty thousand (250,000) gallons per day of water which is not served at the time of permit application, or
(c) Service by an existing domestic water system to any combination of residential, commercial, industrial, or public uses which is equal to or greater than an average of ten (10) percent of the number of gallons per day of water supplied by the existing domestic water system within twelve (12) months prior to the time of application not served at the time of permit application, or
(d) Service to any potential water consumer, which requires the installation of any combination of transmission and distribution lines over a linear distance of five thousand two hundred eighty (5,280) feet, or more.
(2) Domestic Sewage Systems. Is planned for or requires the creation of a major new sewage treatment system(s) or a major extension(s) of an existing sewage treatment system(s), which means any new collector sewer lines, return flow lines, pumping, structure or treatment facilities proposed for:
(a) Service to one hundred (100) or more dwelling units not served at the time of permit application,
(b) Service for commercial and/or industrial use equal to or greater than two hundred fifty thousand (250,000) gallons per day of effluent which is not served at the time of permit application,
(c) Service by an existing sewage treatment system to any combination of residential, commercial, industrial, or public uses which is equal to or greater than an average of ten (10) percent of the number of gallons per day of effluent treated by a sewage treatment system within twelve (12) months prior to the time of application not served at the time of permit application,
(d) Service to any potential sewage treatment user which requires the installation of any combination of collector sewer or return flow lines over a linear distance of five thousand two hundred eighty (5,280) feet, or more.
B. Definitions. For the purpose of this chapter, the following definitions will apply:
(1) "Collector sewer line" means a sewage treatment system’s pipe, conduit, ditch, natural water course, or combination thereof which is designed to accept and transport wastewater from privately owned service lines from individual structures and properties to the system’s treatment plant. A collector sewer line for the purpose of this regulation includes common lateral sewers and interceptor sewers. Not included in this definition are privately owned individual on-site sewage disposal system lines and privately owned service lines.
(2) "Domestic water and sewage treatment system" means, a wastewater treatment plant, water treatment plant, or water supply system, including systems whose service area is, or will be, outside the unincorporated area of Pueblo County. Return flow means a sewage treatment system’s pipe, conduit, ditch, natural water course, or combination thereof, which is designed to transport wastewater, commonly known as effluent, from the system’s treatment plant to a point of discharge. A point of discharge includes a natural water course, ditch, groundwater recharge area, injection well, evaporation basin, or water supply system’s transmission line.
(3) "Wastewater treatment plant" means the facility or group of units used for treatment of wastewater from sewer systems and for the reduction and handling of solids and gases removed from such wastes.
(4) "Water distribution line" means a water supply system’s pipe, conduit, ditch, natural water course, or combination thereof which is designed to transport water of a potable or non-potable quality, commonly referred to as treated or raw water, and having the characteristic that it allows customer service taps. A water distribution line for the purpose of this regulation is a line having a vertical cross sectional area equal to or greater than a twelve (12) inch diameter pipe or its equivalent.
(5) "Water supply system" means the system of pipes, structures and facilities through which a water supply is obtained, treated and sold or distributed for human consumption or household use, including systems whose service area is, or will be, outside the unincorporated area of Pueblo County.
(6) "Water transmission line" means a water supply system’s pipe, conduit, ditch, natural water course, or combination thereof which is designed to transport water of a potable or non-potable quality, commonly referred to as treated or raw water, and having the characteristic that it does not allow customer service tap. A water transmission line for the purpose of this regulation is a line having a vertical cross sectional area equal to or greater than a twelve (12) inch diameter pipe or its equivalent.
(7) "Water treatment plant" means the facility or facilities within the water supply system, which can alter the physical, chemical or bacteriological quality of the water.
(8) Where applicable, the definitions set forth in Chapter 17.172.040 shall apply to this Chapter.
(C) Applicability. This Chapter shall not apply to any proposal for the conduct of this activity which meets the exemptions set forth in the Administrative Regulations, §17.148.050.
Any "person" desiring to engage in the conduct of this activity of State interest within Pueblo County shall file an application for a permit with the County Land Use Administration of the Board of County Commissioners of Pueblo County. "Person," as defined by statute, is any individual, partnership, corporation, association, company, or other public or corporate body, including the federal government, and includes any political subdivision, agency, instrumentality or corporation of the State. The application shall be processed in accordance with the procedures and requirements of Article 4 of the Administrative Regulations, §17.148.240, et seq., and with the additional provisions below.
The procedures set forth in §17.172.080 Pre-application Procedure, §17.172.090 FONSI Determination, §17.172.100 Application Fee, §17.172.110 Permit Application Procedure, §17.172.120 Application Submittal Requirements, as applicable, §17.172.180 Terms of the Permit, §17.172.190 Renewal, §17.172.200 Permit Amendment, §17.172.220 Transfer of Permits, §17.172.240 Judicial Review, §17.172.250 Severability, and §17.172.260 Criteria Guidance, as applicable, are incorporated herein by this reference and shall apply to the permitting and permits issued under these Regulations.
The Board of County Commissioners of Pueblo County may approve an application for a permit to conduct this activity of State and local interest if the proposed activity complies with the County's approval criteria for the conduct of site selection and construction of major new domestic water and sewage treatment systems and major extensions of existing domestic water and sewage treatment systems. If the proposed activity does not comply with these approval criteria, the permit shall be denied, or it may be approved with conditions.
A permit is required before any person engages in the designated activity of State or local interest. No grading permit, excavation permit, building permit, or permit for a permanent use in a County right-of-way or County owned property shall be issued by the County for purposes of development of this designated activity without the approval first being obtained of a permit pursuant to these Regulations.
A permit for the conduct of site selection and construction of major new domestic water and sewage treatment systems and major extension of existing domestic water and sewage treatment systems shall be issued by the Board of County Commissioners following a public hearing upon the application for such a permit, provided that each of the following criteria are satisfied:
A. There is sufficient existing and projected need to warrant and support the proposed activity.
B. New domestic water and sewage treatment systems shall be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities.
C. Major extensions of domestic water and sewage treatment systems will not create growth and development which is incompatible with and cannot be accommodated by the local financial capacity of the area or residents to be served.
D. Major extensions of domestic sewage treatment systems will not overburden the existing systems and current and projected future demand for the service can be met within existing and proposed capacity.
E. The activity can be supported by water possessed by the applicant of sufficient quality to meet the State’s drinking water standards and in sufficient quantity to fulfill existing and projected future demand.
F. The activity will not create proliferation of special districts, or overlapping of the boundaries of special districts.
G. Environmental impacts including, but not limited to, agricultural productivity potential, aquatic life, stream standards, groundwater, and in-stream water quality related to the proposed activity have been identified and will be mitigated or compensated for.
H. The proposed activity will not make demands upon natural resource, including, but not limited to, water, energy resources, and unique environmental areas, which demands are excessive when compared with the value of the activity.
I. The proposed activity does not conflict with the Pueblo Regional Development Plan, Water Quality Management Plan, or other duly adopted plans of the County of Pueblo.
J. All natural hazards affecting the proposal, including, but not limited to, floods, expansive and corrosive soils, unstable geologic features, such as mudflows, landslides and avalanches have been avoided or compensated for by the activity.
K. The activity will not conflict or create any conflict with the surrounding lands either as they exist currently or as proposed by local plans and programs previously approved by the governing body of the territory of local government in which the proposed activity lies.
L. The proposed activity is the best alternative available for the provision of water and/or sewer service to the geographical area affected by the proposal.
M. Economic impacts including, but not limited to, taxable property, agriculture, NPDES permitted facilities, and recreation related to the proposed activity have been identified and will be mitigated or compensated for.
N. Additional permit for a major new domestic water supply system or major extension of an existing domestic water supply system. When the component water supply system for a major new domestic water system or major extension of an existing domestic water system is proposed to be developed for a new or increased diversion per year, or new or increased storage capacity, of 500 acre-feet or more, the additional criteria set forth in §17.172.130, which are incorporated by this reference, shall be satisfied as part of this designation and the activity will require a permit for a Municipal Water Project pursuant to §17.172.010 et seq.
O. Documentation that prior to site disturbance for the Project, the applicant will have obtained all necessary property rights, permits and approvals. The Board may, at its discretion, defer making a final decision on the application until outstanding property rights, permits and approvals are obtained.
This issuance of a permit allowing the activity shall, however, in no way constitute an exemption from zoning and other land use regulations, health regulations, or procedural requirements. In the case of this activity, the issuance of a permit is contingent upon the subsequent approval of the proposal by the Colorado Water Quality Control Commission and/or the Colorado Department of Public Health and Environment, where required by appropriate statute or regulation.