5 Colo. Code Regs. § 1003-2-100.1

Current through Register Vol. 47, No. 11, June 10, 2024

Section 5 CCR 1003-2-100.1 - AUTHORITY AND PURPOSE

100.1.1 Authority

This regulation is promulgated pursuant to the sections 25-9-101 through 110, C.R.S.

100.1.2 Purpose

Article 9 of Title 25, C.R.S., requires that every water treatment facility, domestic or industrial wastewater treatment facility, wastewater collection system and water distribution system be under the supervision of a certified operator, holding a certificate in a class equal to or higher than the class of the facility or system.

Certification under this statute is available to all persons who meet the minimum qualifications of a given classification as described in section 100.14. Operators are encouraged to apply for certification in the highest classification consistent with their qualifications.

100.1.3 Severability

The provisions of these regulations are severable. If any regulation, rule, section, paragraph, or other portion of the Water and Wastewater Facility Operators Certification Requirements is, for any reason, held inoperative, unconstitutional, void or invalid, the validity of the remaining portions shall not be affected.

100.1.4 Applicability

The Water and Wastewater Facility Operators Certification Requirements apply to:

(a) Each person who meets the qualifications for certification.

(b) The owners of water and wastewater facilities.

(c) In accordance with Article 9 of Title 25, section 104.4, C.R.S., the Board has the authority to exempt certain water and wastewater facilities from operating under the supervision of a certified operator in responsible charge if the exemption does not endanger the public health or the environment.

100.1.5 Automatic Exemptions

(a) The following facilities and systems are exempt from the requirement to operate under the supervision of a certified operator in responsible charge:

(i) Water treatment facilities that are not "public water systems" subject to the Colorado Primary Drinking Water Regulations, 5 CCR 1002-11.

(ii) Water distribution systems that are public water systems whose entire distribution system falls within the jurisdiction of the Water Well Construction and Pump Installation Contractors Act, C.R.S. 37-91-101, et. seq. and the State Plumbing Code 3 CCR 720-1.

(A) Water distribution systems also qualify for the automatic exemption in subsection 100.1.5(a)(ii) if their entire distribution system falls within the jurisdiction of the Water Well Construction and Pump Installation Contractors Act, C.R.S. 37-91-101, et. seq. and the State Plumbing Code 3 CCR 720-1 and they also have a single small treatment structure (less than 12 ft. by 12 ft.) that is adjacent to (within 50 feet of) the building which constitutes the public water system.

(B) Water distribution systems also qualify for the automatic exemption in subsection 100.1.5(a)(ii) if their entire distribution system falls within the jurisdiction of the Water Well Construction and Pump Installation Contractors Act, C.R.S. 37-91-101, et. seq. and the State Plumbing Code 3 CCR 720-1 and they also have an irrigation system that is protected by an approved backflow prevention assembly within the jurisdiction of C.R.S. 25-1-114(1)(h).

(iii) Water distribution systems for drinking water that are not "public water systems" subject to the Colorado Primary Drinking Water Regulations, 5 CCR 1002-11.

(iv) Industrial wastewater treatment facilities that satisfy the following criteria:

(A) The quality of the wastewater discharged is such that discharge permit limits can be met utilizing only passive treatment (treatment in which chemical, mechanical, or biological treatment techniques are not utilized) or no treatment;

(B) The facility has designated a responsible person who is specifically responsible for overseeing the facility's operation and for ensuring compliance with the facility's discharge permit, including monitoring and reporting requirements. "Responsible person" mean an individual, designated by the owner of a wastewater facility, who is specifically responsible for overseeing the facility's operation and for ensuring compliance with the facility's discharge permit and who receives relevant training with respect to these duties including, as appropriate, specific measures used to meet effluent limits, monitoring, inspection, planning, reporting, and documentation requirements; and

(C) Discharge under one of the following general industrial permits:

(I) Industrial stormwater permit,

(II) Construction stormwater permit,

(III) Municipal stormwater permit,

(IV) Industrial facilities that discharge under the following general permits:

(1) Construction Dewatering Activities;

(2) Aquatic Animal Production;

(3) Sand and Gravel Process Water and Stormwater;

(4) Minimal Industrial Discharge;

(5) Subterranean Dewatering and Well Development;

(6) Hydrostatic Testing of Pipelines;

(7) Tanks and Similar Vessels;

(8) Non-Contact Cooling Water;

(9) Pesticides; or

(10) Commercial Washing of Outdoor Structures.

(v) Graywater treatment facilities as defined in Graywater Control Regulation, 5 CCR 1002-86, having a capacity of 2,000 gpd or less.

(vi) Wastewater collection systems within the property of the owner of the domestic wastewater treatment facility.

(vii) Individual wastewater service lines for a single building within the property of the owner of a building connecting to a collection system.

(viii) Water distribution systems for non-potable water entirely within the property of the owner of a domestic wastewater treatment facility or reclaimed water treatment facility.

(ix) Non-potable distribution systems from industrial wastewater treatment facilities where the distribution system is solely used to recycle process water for use within the industrial process.

(b) Facilities that discharge pursuant to a general industrial permit for Water Treatment Plant Wastewater Discharge are not required to be under the supervision of an industrial wastewater treatment certified operator in responsible charge if the facility is under the supervision of a water treatment certified operator in responsible charge who is specifically responsible for overseeing the facility's operation and for ensuring compliance with the facility's discharge permit, including monitoring and reporting requirements.

100.1.6 Discretionary Exemptions

(a) Wastewater Facilities - Any wastewater facility that does not qualify for an automatic exemption under section 100.1.5 may request an exemption from the Board from the requirement to operate under the supervision of a certified operator in responsible charge. In determining whether to grant such an exemption, the Board may consider:

(i) Discharges of limited duration;

(ii) The sensitivity of the receiving waters;

(iii) The level of toxic pollutants in the discharge;

(iv) Situations where chemical, mechanical, or biological treatment techniques are not required to meet permit limits, including sedimentation ponds at mining operations for construction materials, as defined by section 34-32.5-103(3), C.R.S.

(b) Water Facilities - Any water facility that does not qualify for an automatic exemption under section 100.1.5 may request an exemption from the Board from the requirement to operate under the supervision of a certified operator in responsible charge. In determining whether to grant such an exemption, the Board may consider:

(i) The classification of the facility as public or nonpublic under the Colorado Primary Drinking Water Regulations, 5 CCR 1002-11;

(ii) The applicability of the Colorado Primary Drinking Water Regulations, 5 CCR 1002-11, to the facility or class of facilities; and

(iii) A distribution system having a minimal number of connections.

(c) Industrial Wastewater Treatment Facilities - Any industrial wastewater treatment facility that does not qualify for exemption under section 100.1.5 may request exemption from the requirement to operate under the supervision of a certified operator in responsible charge. In determining whether to grant such an exemption, the facility must demonstrate o the Board's satisfaction that:

(i) The quality of the industrial wastewater discharge is such that discharge permit limits can be met utilizing only passive treatment (treatment in which chemical, mechanical, or biological treatment techniques are not utilized) or no treatment; and

(ii) The facility has designated a responsible person who is specifically responsible for overseeing the facility's operation and for ensuring compliance with the facility's discharge permit, including monitoring and reporting requirements. "Responsible person" means an individual, designated by the owner of an industrial wastewater facility, who is specifically responsible for overseeing the facility's operation and for ensuring compliance with the facility's discharge permit and who receives relevant training with respect to these duties including, as appropriate, specific measures used to meet effluent limits, monitoring, inspection, planning, reporting, and documentation requirements.

(d) Requests for exemptions shall be submitted to the Division. The Division shall evaluate a written request for exemption from the facility and shall provide the Board with a recommendation based on the criteria in sections 100.1.6 (a-c), as appropriate.

(e) The Board shall approve or deny such requests at a regularly scheduled Board meeting.

(f) The Board has the authority to remove a facility exemption if the facility fails to comply with the requirements of its discharge permit or if the facility's operational practices result in a direct, negative impact on the public health or the environment.

(g) If at any time, the facility does not meet the applicable conditions of sections 100.1.6 (ac), the facility must notify the Division, in writing, and begin operating under the supervision of a certified operator in responsible charge within 30 days of the change in operations.

100.1.7 Exceptions

The Board may make exceptions to this regulation, if the exception is not in conflict with its enabling statute, sections 25-9-101 et. seq., C.R.S., and does not endanger public health or the environment in accordance with section 24-4-105, C.R.S.

100.1.8 Materials Incorporated by Reference

The materials incorporated by reference cited herein include only those versions that were in effect as of November 27, 2018 and not later amendments to the incorporated material. Materials incorporated by reference are available for public inspection during normal business hours from the Water Quality Control Division, 4300 Cherry Creek Drive South, Denver, Colorado 80246.

5 CCR 1003-2-100.1

37 CR 18, September 25, 2014, effective 10/30/2014

38 CR 14, July 25, 2015, effective 8/30/2015

39 CR 01, January 10, 2016, effective 1/30/2016

39 CR 24, December 25, 2016, effective 1/30/2017

40 CR 14, July 25, 2017, effective 8/31/2017

41 CR 20, October 25, 2018, effective 3/1/2019

41 CR 24, December 25, 2018, effective 3/1/2019

42 CR 24, December 25, 2019, effective 1/14/2020

43 CR 21, November 10, 2020, effective 11/30/2020

44 CR 05, March 10, 2021, effective 3/31/2021

44 CR 09, May 10, 2021, effective 5/30/2021

44 CR 20, October 25, 2021, effective 11/30/2021

47 CR 06, March 25, 2024, effective 4/15/2024