A new report indicates that Colorado is struggling to keep up with necessary permits to prevent pollutants from entering its streams, which has critical implications for water quality across the state.
Currently, Colorado’s backlog has surged to as high as 70%, starkly contrasting with neighboring states such as Arizona and Oregon, where permit backlogs are as low as 10%.
Commissioned to assist the Colorado Department of Public Health and Environment (CDPHE) and state lawmakers, the report aims to address the deteriorating situation and propose potential solutions.
The permits in question are mandated by the federal Clean Water Act and regulate the operations of municipal wastewater treatment plants that release treated water back into rivers and streams.
These permits are essential for safeguarding Colorado’s waterways from the dangers posed by contaminants in wastewater. The state is legally obliged to enforce these federal standards.
The current backlog has created a challenging landscape for wastewater utilities, putting them in a state of regulatory limbo.
Due to permits being expired, utilities find themselves restricted from implementing necessary updates, such as adopting more advanced treatment compounds, which could enhance water treatment and reduce costs.
Dan DeLaughter, chair of the Colorado Wastewater Utilities Council, highlighted that this situation stifles innovation and improvement in wastewater management.
Despite the Colorado lawmakers approving $6 million in funding in 2023 to bolster staffing in the CDPHE’s Water Quality Control Division, a significant backlog continues to plague the permitting system.
This delay impacts several of the state’s major treatment facilities, including Metro Water Recovery, which serves the Denver metropolitan area and is the largest treatment facility in Colorado.
Furthermore, many communities are operating without a valid wastewater discharge permit.
Though they can still release treated water under special administrative rules, this arrangement puts them at risk of not adhering to the most current treatment standards.
Consequently, communities are also barred from advancing in the planning and design of new treatment systems that require years to permit and construct.
The report attributes Colorado’s permitting challenges to a systemic lack of prioritization in workload management, insufficient clarity regarding processing statuses, and prolonged internal and public review phases.
Heavy workloads were also cited as a contributing factor to the backlog.
In contrast, the other states surveyed have seen more success because they employ better internal tracking mechanisms, prioritize their work efficiently, and utilize advanced technologies that streamline complex permitting processes.
Nicole Rowan, director of the state Water Quality Control Division, confirmed that efforts are underway to mitigate the backlog through increased hiring and training of new staff.
“We know this is an area we need to improve,” she asserted.
Water quality expert and senior attorney for the Environmental Integrity Project, Meg Parish, suggested that Colorado’s commitment to strict enforcement and detailed regulations contributes to the complexities of the permitting process.
She observed that states like Oregon have invested heavily in their permitting systems, unlike Colorado, which has more robust environmental laws that complicate permitting.
“I would love to see Colorado invest the kinds of resources in permitting that Oregon has,” Parish commented.
This past spring, lawmakers responded with urgency, passing legislation that imposed stricter deadlines and increased scrutiny on the division’s operations.
The new report is part of ongoing efforts to revamp and enhance the troubled permitting system.
A key element of this initiative involves tackling intricate engineering and water quality assessments that define how treatment plants operate while conforming to existing and upcoming water quality standards, including regulations concerning PFAS contamination.
As cities grapple with their treatment facilities lacking current permits, concern remains prevalent.
DeLaughter noted that the number of valid permits continues to be alarmingly low, and expressed hope for tangible progress in the future.
“I’m encouraged they are looking at the issues,” he stated. “But I think there is a lot more work to be done.”
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