Colorado health officials say a massive permit backlog that has left hundreds of water systems in administrative limbo has shrunk in the past year, though more work remains.
Last year, 75% of wastewater discharge permits had expired. This year that figure has dropped to 50%, according to the Colorado Department of Public Health and Environment (CDPHE), with 1,384 permits classified as expired. The permits regulate and set standards for removing pollutants from wastewater before it is discharged to streams.
The state’s Water Quality Control Division has wrestled with the problem for several years. In the past two years the state has provided several million dollars to help eliminate the backlog. Major dischargers, such as the City of Aurora and Metro Water Recovery, are among those that have been impacted by the problem.
Under the federal Clean Water Act, entities that discharge fluids into streams, including wastewater treatment plants and factories, must get approval from water quality regulators to ensure what they’re putting into the waterways does not harm them.
Though holders of expired permits are legally allowed to continue discharging, the expiration means dischargers face major uncertainty about what future requirements may be and how much it will cost to meet them, according to the CDPHE.
Protecting streams from pollutants is a tough problem and is getting more difficult as populations grow and climate change reduces the amount of water flowing in rivers, intensifying contamination. Emerging toxins, such as PFAS, also now require treatment. PFAS make up a large class of chemicals used in everything from firefighting foam to Teflon. They are known as “forever chemicals” because they last decades in the environment and the human body. The EPA has just begun setting regulatory standards for them.
The agency has hired a consultant to help it examine new ways of managing the permitting process. It expects to have recommendations for new procedures by midyear 2025, CDPHE spokesperson John Michael said.
“We are committed to finding solutions to address more of the backlog,” he said via email.
The agency is under the gun to do so, in part, because its performance lags the standards set by the EPA, which state that 75% of all discharge permits under the National Pollutant Discharge Elimination System, or NPDES, should be current.
“Timely issuance and reissuance of NPDES permits are important because they can provide greater certainty to the business community and ensure that permits improve environmental protection by reflecting the most recent scientific information,” said Marisa Lubeck, a spokesperson for EPA’s Region 8, which includes Colorado.
“The EPA has encouraged and continues to encourage CDPHE to decrease its NPDES permit backlog, and we are aware the state has acquired additional resources to help with this effort,” Lubeck said via email.
States across the country have wrestled with monitoring and renewing the discharge permits. According to a 2024 EPA analysis, Colorado had the largest permit backlog nationwide, with 81% expired. The average nationwide is 22%. The EPA’s estimate is higher because the state’s method for classifying permits differs from the federal government’s, according to the EPA.
With the new funding, the CDPHE has hired additional staff to address the problem and to shore up long-term finances for the regulatory work by increasing fees the state can charge for the permits.
Colorado State Sen. Barbara Kirkmeyer, a Republican from Brighton and a member of the legislature’s Joint Budget Committee, said she remains concerned that the health department hasn’t fully resolved the problems.
“The bottom line is that there are still a lot of permits in that backlog,” Kirkmeyer said.
And she said cities and wastewater utilities continue to complain about the permitting process, calling it cumbersome and time-consuming.
The Colorado Wastewater Utility Council, which represents municipalities and wastewater treatment providers, did not respond to a request for comment.
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