5 Colo. Code Regs. § 1003-2-100.10
Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1003-2-100.10 - RESPONSIBILITIES AND DUTIES OF WATER AND WASTEWATER FACILITY OWNERS100.10.1 Supervision by a Certified Operator in Responsible Charge (a) No owner of a water or wastewater facility shall allow the facility to be operated without the direct supervision of one or more certified operators in responsible charge. "Direct supervision" means that the certified operators in responsible charge have supervisory responsibility and authority with respect to the operation of the water or wastewater facility and for the activities and functions of other facility operators.
(b) The owner designates the certified operators in responsible charge of the water or wastewater facility by completing and submitting the appropriate division contact update form.(c) Owners shall ensure that their agreements with the certified operators in responsible charge are sufficiently detailed and formal to reflect all the duties as outlined in section 100.12.(d) Contracts for limited services do not fulfill the owner's obligation, under section 100.10.1(a), to place the facility under the supervision of one or more certified operators in responsible charge. Contracts for limited services, such as compliance sampling, do not rise to the level of a contract for a certified operator in responsible charge.100.10.2 Decisions Reserved to Certified Operator in Responsible Charge Each owner of a water or wastewater facility shall ensure that all process control and/or facility integrity decisions about water quality or quantity or wastewater effluent quality or quantity that may affect public health or the environment are made by either a certified operator in responsible charge or by another operator certified at a level equal to or above the classification of the facility he or she is operating in accordance with the facility's written operating plan as described in section 100.12.6.
100.10.3 Availability of Certified Operator in Responsible Charge Each owner of a water or wastewater facility shall ensure that a certified operator in responsible charge is available or ensure that operations are conducted in accordance with the facility's written operating plan as described in section 100.12.6 whenever the facility is in operation.
Available" means either on-site or able to be contacted as needed to make decisions and to initiate appropriate actions in a timely manner.
100.10.4 Reporting Requirement Each owner of a water or wastewater facility shall submit the appropriate division contact update form, no later than thirty (30) days following the date the facility is initially placed on-line and thereafter, no later than thirty (30) days after changes to any of the following information:
(a) name, mailing address, phone number, and email address (if available) of the facility legal representative providing the information;(b) full legal name and operator identification number of the certified operators in responsible charge;(c) identification of the facility or facilities for which each certified operator in responsible charge has responsibility; or(d) the Public Water System Identification (PWSID) number, the Colorado Discharge Permit System (CDPS) permit number, or general permit certification number for all facilities listed.100.10.5 Certified Operator in Responsible Charge Certification Requirements(a) Each water and wastewater facility shall have at least one certified operator in responsible charge certified as shown in the following table: (b) Table - Criteria for Certified Operator in Responsible Charge Facility or System Classification | Certified Operator in Responsible Charge Minimum Required Certification Levels |
Water Facilities |
Water Treatment |
A | A |
B | A or B |
C | A, B, or C |
D | A, B, C, D, S1 or T2 |
Water Distribution |
4 | 4 |
3 | 4 or 3 |
2 | 4, 3 or 2 |
1 | 4, 3, 2, 1, or S1 |
Domestic Wastewater Facilities |
Wastewater Treatment |
A | A |
B | A or B |
C | A, B, or C |
D | A, B, C, D, or S3 |
Wastewater Collection |
4 | 4 |
3 | 4 or 3 |
2 | 4,3 or 2 |
1 | 4,3,2, 1,or S3 |
Industrial Wastewater Facilities |
A | A |
B | A or B |
C | A, B, or C |
D | A, B, C, or D, or S3 |
1 Applicable only in accordance with section 100 10 5(d)2 Applicable only in accordance with section 100 10 5(c)3 Applicable only in accordance with section 100 10 5(e)(c) Class T certificate is only valid for operating facilities that meet all of the following criteria: (i) are classified as transient non-community public water systems;(ii) that draw water from ground water sources not under the direct influence of surface water;(iii) serve fewer than 100 individuals per day;(iv) utilize treatment consisting only of non-gaseous chlorine disinfection; and(v) would be classified as a Class "D" water treatment facility and/or as a Class "1" water distribution system under the provisions of this regulation.(d) Class S Water certificate is only valid for operating facilities that meet all of the following criteria: (i) serve no more than 3,300 persons; and(ii) would be classified as a Class "D" water treatment facility and/or as a Class "1" water distribution system under the provisions of this regulation.(e) Class S Wastewater certificate is only valid for operating facilities that meet all of the following criteria: (i) serve no more than 3,300 persons; and(ii) would be classified as a Class "D" wastewater treatment facility and as a Class "1" wastewater collection system under the provisions of this regulation.100.10.6 The Division shall investigate any instances of possible violations of the requirements of sections 100.10.1-100.10.5 by any owner of a water or wastewater facility. The Division shall enforce compliance with these requirements in accordance with the procedures in section 25-9-110, C.R.S.100.10.7 Any water or wastewater facility owner who seeks a hearing in response to a Division finding of a violation under sections 100.10.1-100.10.5 ora Department assessment of a civil penalty for such violation may request a hearing in accordance with section 24-4-105, C.R.S., before the Board by submitting to the Division, within thirty (30) days of notice of such finding or assessment, a request containing the following: (a) identification of the person(s) requesting the hearing and the subject matter of the request;(b) the statutory and/or regulatory authority and factual basis for the request; and(c) the relief requested.100.10.8 Site-Specific Certified Operator in Responsible Charge(a) Following the board's revision of the facility classification criteria in sections 100.4 through 100.9, which became effective March 1, 2019, the Division designated a number of site-specific certified operators in responsible charge in accordance with provisions in section 100.10. Facilities that requested site-specific operator in responsible charge designations had operators in responsible charge holding certificates that met the classification level of their facility prior to March 1, 2021, but did not meet the classification level of their facility beginning March 1, 2021. The facilities that received site-specific operator in responsible charge designations met other requirements as well. Site-specific operators in responsible charge are allowed to continue operating their facility with current certification until either March 1, 2024 or March 1, 2029, depending on how long they have been the certified operator in responsible charge. Upon the expiration of their site-specific ORC designations, facilities must designate an operator in responsible charge who is certified at the classification level of the facility.(b) If at any time the site-specific certified operator in responsible charge is no longer the certified operator in responsible charge for a facility, the facility's designation of a site-specific certified operator in responsible charge is no longer valid. The owner is responsible for notifying the Division and providing a certified operator in responsible charge certified at a level equal to or higher than the classification of the facility he or she is operating within 30 days of a site-specific certified operator in responsible charge's departure from employment at the facility.37 CR 18, September 25, 2014, effective 10/30/201438 CR 14, July 25, 2015, effective 8/30/201539 CR 01, January 10, 2016, effective 1/30/201639 CR 24, December 25, 2016, effective 1/30/201740 CR 14, July 25, 2017, effective 8/31/201741 CR 20, October 25, 2018, effective 3/1/201941 CR 24, December 25, 2018, effective 3/1/201942 CR 24, December 25, 2019, effective 1/14/202043 CR 21, November 10, 2020, effective 11/30/202044 CR 05, March 10, 2021, effective 3/31/202144 CR 09, May 10, 2021, effective 5/30/202144 CR 20, October 25, 2021, effective 11/30/2021