Colorado lagging behind neighboring states in processing critical water quality permits – The Colorado Sun

Report on Colorado’s Wastewater Permit Backlog and its Impact on Sustainable Development Goals

Introduction and Background

A recent analysis reveals that the State of Colorado is experiencing a significant delay in the renewal of essential wastewater discharge permits, a situation that critically undermines state and federal environmental protection mandates. These permits, required under the federal Clean Water Act, are fundamental to regulating pollutants released from municipal treatment facilities into natural waterways. The backlog places Colorado far behind neighboring states in regulatory compliance, directly impeding progress toward key United Nations Sustainable Development Goals (SDGs), particularly SDG 6 (Clean Water and Sanitation).

The report, commissioned by the Colorado Department of Public Health and Environment (CDPHE) and state lawmakers, highlights a backlog rate that has reached as high as 70%. This figure starkly contrasts with the more efficient systems in states such as Arizona and Oregon, which report backlogs of only 10%.

Impact on Sustainable Development Goals

SDG 6: Clean Water and Sanitation

The permit backlog presents a direct threat to the achievement of SDG 6, which aims to ensure the availability and sustainable management of water and sanitation for all. The failure to maintain current permits means that wastewater treatment standards may not be up-to-date, risking the contamination of rivers and streams. This directly contravenes Target 6.3, which calls for improving water quality by reducing pollution.

• Dozens of communities, including the area served by the state’s largest treatment facility, Metro Water Recovery, are operating without current permits.
• While an administrative rule allows them to continue discharging wastewater, the lapsed permits create a “regulatory limbo.”
• This status legally prevents utilities from implementing more modern, efficient, and potentially cost-effective treatment processes, thereby hindering innovation and improvement in water management.

SDG 14: Life Below Water and SDG 11: Sustainable Cities

The health of freshwater ecosystems is intrinsically linked to the quality of water discharged into them. By failing to enforce the most current standards, the state risks degrading aquatic habitats, which conflicts with SDG 14 (Life Below Water). Furthermore, the inability of municipalities to plan and design new or upgraded treatment systems compromises the development of resilient infrastructure, a core component of SDG 11 (Sustainable Cities and Communities).

Analysis of Systemic Failures and Comparative Insights

Identified Causes of the Backlog

The report attributes Colorado’s regulatory delays to several internal, systemic issues that weaken institutional effectiveness, a challenge addressed by SDG 16 (Peace, Justice and Strong Institutions).

• Inefficient work prioritization systems.
• Lack of clear, accessible information regarding permit processing status.
• Protracted internal and public review procedures.
• Heavy workloads for staff at the Water Quality Control Division.

Comparative State Performance

In contrast, states with more successful permit processing programs demonstrate stronger institutional capacity. Their success is attributed to:

• Superior internal tracking and reporting systems.
• More effective prioritization of workloads.
• Utilization of modern technologies to integrate complex permitting processes.

Experts note that while Colorado has robust environmental laws, it may lack the resources invested by states like Oregon to manage the resulting complexity. This highlights a gap between policy ambition and the institutional capacity required for implementation.

Corrective Actions and Outlook

State-Level Response and Institutional Strengthening

In response to the growing crisis, Colorado has initiated several measures aimed at strengthening its regulatory framework and aligning its performance with its environmental commitments and the SDGs.

1. In 2023, lawmakers approved $6 million in new funding to enable the CDPHE’s Water Quality Control Division to hire additional staff.
2. A new law was passed in the spring to impose stricter deadlines and increase scrutiny of the division’s performance.
3. The Water Quality Control Division, under Director Nicole Rowan, has acknowledged the need for improvement and is actively hiring and training new personnel to address the backlog.

Future Challenges and Stakeholder Concerns

Despite these actions, significant challenges remain. Stakeholders, including the Colorado Wastewater Utility Council, express ongoing concern over the slow pace of progress. The challenge is compounded by the need to incorporate standards for emerging contaminants, such as PFAS, into future permits. Achieving a streamlined, efficient, and effective permitting system is essential for Colorado to protect its water resources, ensure public health, and make meaningful progress toward its Sustainable Development Goal commitments.

Analysis of the Article in Relation to Sustainable Development Goals (SDGs)

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 6: Clean Water and Sanitation
• SDG 9: Industry, Innovation and Infrastructure
• SDG 16: Peace, Justice and Strong Institutions

2. What specific targets under those SDGs can be identified based on the article’s content?

1. Target 6.3: By 2030, improve water quality by reducing pollution, eliminating dumping and minimizing release of hazardous chemicals and materials, halving the proportion of untreated wastewater and substantially increasing recycling and safe reuse globally.
   • The article’s central theme is the failure to keep special permits current, which are “critical to stopping pollutants from entering streams.” This directly relates to improving water quality by reducing pollution. The permits govern how municipal plants treat wastewater, and the backlog means communities “may not be complying with the most current wastewater treatment standards,” hindering efforts to reduce the release of contaminants.
2. Target 9.4: By 2030, upgrade infrastructure and retrofit industries to make them sustainable, with increased resource-use efficiency and greater adoption of clean and environmentally sound technologies and processes…
   • The article explains that the permit backlog leaves wastewater utilities in “regulatory limbo,” preventing them from taking “simple actions, like using more modern treatment compounds.” It also prohibits them from “moving ahead with planning and design of new treatment systems.” This directly impedes the upgrading of infrastructure with more modern, efficient, and environmentally sound technologies.
3. Target 16.6: Develop effective, accountable and transparent institutions at all levels.
   • The core issue identified is an institutional failure within the Colorado Department of Public Health and Environment (CDPHE). The report cited in the article was commissioned to understand why the situation has “deteriorated.” The article points to a system that “doesn’t prioritize work properly, lacks clear information about processing status and gets bogged down in lengthy internal and public reviews,” all of which are signs of an ineffective institution. The new law that “tightened deadlines and added more scrutiny of the division’s work” is a direct attempt to improve accountability.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

1. Percentage of lapsed/backlogged wastewater treatment permits.
   • This is a direct indicator mentioned in the article. It states, “Colorado’s backlog has, at times, surged to 70%,” while comparing it to Arizona and Oregon, which have backlogs of “just 10%.” Tracking this percentage over time would measure the effectiveness of the state’s efforts to fix the problem. This indicator is relevant to both Target 6.3 (as a proxy for water quality enforcement) and Target 16.6 (as a measure of institutional efficiency).
2. Level of investment in institutional capacity and systems.
   • The article explicitly mentions a financial input intended to improve the situation: “Colorado lawmakers approved $6 million in new funding in 2023 to help the CDPHE’s Water Quality Control Division hire more people.” It also notes that Oregon “has invested heavily in its permitting systems.” This financial investment is a measurable indicator of the commitment to improving institutional effectiveness (Target 16.6).
3. Compliance with current wastewater treatment standards.
   • This is an implied indicator. The article states that due to the backlog, “communities may not be complying with the most current wastewater treatment standards.” Measuring the number or percentage of facilities that are compliant versus non-compliant with the latest standards would be a key indicator of progress towards improving water quality (Target 6.3).
4. Adoption rate of modern treatment technologies.
   • This is an implied indicator for Target 9.4. The article notes that the backlog prevents utilities from “using more modern treatment compounds” and designing “new treatment systems.” An indicator of progress would be the number of facilities that are able to successfully upgrade their technology and processes once their permits are current.

Summary of Findings

Source: coloradosun.com