Interested parties may request administrative hearings to challenge the term and conditions of issued permits, challenge permit denials, challenge clean water or drinking water enforcement orders, or challenge other Division actions specified in Water Quality Control Commission Regulation 21.
If the Water Quality Control Division grants the request to hold the hearing, the department then refers the matter to a hearing officer or the Office of Administrative Courts (OAC) to hold the administrative hearing. The OAC administrative law judge then issues an interim decision that can then be appealed to the executive director of the department or the Water Quality Control Commission, depending on the subject of the hearing.
Only parties to the administrative hearing may participate in the permit adjudication process. Interested parties may request party status from the hearing officer or OAC. Once the department refers the matter to a hearing officer and the OAC, the hearing officer or OAC will set a hearing date and there will be an opportunity to request party status. At that point, how to obtain the process for obtaining party status and the deadlines for doing so in that specific case will be posted here. Generally, you should provide a brief and plain statement of the reasons for seeking party status, the facts which entitle you to be admitted, and the matters which you claim should be decided and a description of the general nature of the evidence you plan to present in the course of the proceedings.
In this adjudication, Lomas-Somerset has challenged violations of its general construction stormwater permit found by the Division and the penalty assessed by the Division. The construction site was a residential project called Thompson Crossing II in Larimer County along the Big Thompson River near Johnstown, Colorado.