5 Colo. Code Regs. § 1003-2-100.53
Provisions of section 25-9-104, C.R.S., provide the specific statutory authority for the adoption of these amendments to the established regulatory provisions of Regulation 100 governing the requirements for water and wastewater facility operators (5 CCR 1003-2). The board hereby adopts, in compliance with section 24-4-103(4), C.R.S., the following statement of basis and purpose.
BASIS AND PURPOSE
The board held a rulemaking hearing on November 29, 2016. After receiving testimony from the division and members of the public, the board determined that it was necessary to revise Regulation 100 as follows:
Generally, the board made grammatical corrections, stylistic changes, and used simple declarative sentences when possible to avoid confusion or ambiguity. The board also made clarifications, removed duplicates and obsolete language, updated citations and numbering, and changed section titles to be more specific. The sections of the regulation were reorganized for a more logical flow and to increase readability. Sections 100.1 through 100.13 describe the various components of the operator certification program, including facility classification criteria. Sections 100.13 through 100.17 detail the certification process and requirements for obtaining and renewing certificates.
Section 100.1.3. The board created a new section titled "Severability" to make it known that if, for any reason, a portion of the regulation is held inoperative, unconstitutional, void or invalid, the validity of the remaining portions is not affected.
Section 100.1.4. The board created a new section titled "Applicability." For clarity, the board defined the categories of persons to which the regulation applies.
Section 100.1.5. The board created a new section titled "Automatic Exemptions." It is divided into four subsections covering water treatment facilities and water distribution systems, as well as certain industrial wastewater treatment facilities. Each subsection includes the criteria which, if met, automatically results in an automatic exemption from the requirement for the facility/system to operate under the supervision of a certified operator in responsible charge (ORC). Under these subsections, if the criteria are met, there is no requirement for a facility to request an exemption from the board.
Section 100.1.6. The board created a new section titled "Discretionary Exemptions." This new section outlines the procedure for facilities that do not meet the "automatic exemption" criteria of section 100.1.5 to request an exemption from the requirement to operate under the supervision of a certified operator in responsible charge. This section is comprised of a combination of language from 25-9-104.4, C.R.S. (covering water and wastewater facilities), and from section 100.6, which is specific to industrial wastewater treatment facilities. The board also removed the requirement that was previously in section 100.6 for an adjudicatory hearing to address an industrial wastewater treatment facility exemption request. The division will evaluate exemption requests made under this section and make a recommendation to the board. The board will make a decision regarding the request at a regularly scheduled meeting.
Section 100.1.7. The board created a new section titled "Exceptions" which makes clear that the board has the authority to make exceptions to the requirements in Regulation 100 if the exception is not contrary to statute and does not endanger the public health or environment.
Section 100.2(9). The board added the definition for graywater treatment facility. In this rulemaking, the board is adding a requirement for a certified operator in responsible charge for certain graywater treatment works as defined in the Graywater Control Regulation, 5 CCR 1002-86.
Section 100.3. The board added a provision to clarify the role of the Water Quality Control Division, which details the scope of division enforcement authority and oversight and reserves all enforcement and oversight regarding graywater facilities to the local city, city and county, or county with a local graywater control program in accordance with the Graywater Control Regulation, 5 CCR 1002-86.
The board also clarified the duties delegated to its contractor and removed two provisions that were not accurate. Throughout the regulation for consistency, the board deleted the term "the board's designee" and replaced it with "the board's contractor."
Section 100.3.2. For clarity, the board added this provision from section 25-9-104.2(4), C.R.S., stating that the board retains the final authority over all actions and decisions of its contractors and subcontractors.
Section 100.3.2. To accomplish better flow of the regulation, this section was moved from the former section 100.21, "Hearings and Appeals," and placed into this section of the regulation because it outlines the process for appealing decisions of the division and the board's contractor(s).
Section 100.6. The board added category D non-single family, indoor toilet and urinal flushing graywater treatment facilities, as defined in the Graywater Control Regulation, 5 CCR 1002-86, to domestic wastewater treatment facilities that require supervision by an ORC. Treated graywater is not potable water and is not required to be treated to potable water standards prior to recycling. Using non-potable water in homes, apartments or condominiums, schools, businesses, hotels, dormitories, etc. may increase the possibility of exposure to pathogens or other substances from partially treated water and could pose a public health risk. Current research is showing an increase in risk with each additional contributor to a graywater system, such as apartments, condominium units, hotel rooms, or numbers of people.
Ensuring that graywater treatment processes are functioning properly is a critical component in protecting public health. A certified operator is specifically trained to understand and oversee operation of treatment processes. Based on this increased risk from multiple contributors and the unique role of a certified operator in protecting public health, the board is requiring an ORC for non-single family graywater treatment facilities that supply non-potable water for toilet and urinal flushing.
The board is not requiring an ORC for category A and C single family graywater systems and category B non-single family subsurface irrigation graywater systems as defined in the Graywater Control Regulation, 5 CCR 1002-86.
Section 100.9.7. To accomplish better flow of the regulation, the board removed this provision dealing with the appeal rights of facility owners regarding a violation of the responsibility to have an ORC from the former section 100.21, "Hearings and Appeals"
Section 100.15.5(b) and (c). For clarification and consistency, the board replaced the word "field" with "category" and spelled out the five certificate categories: water treatment, domestic wastewater treatment, industrial wastewater treatment, distribution system or collection system.
Section 100.15.5(d). For clarity and to make it easier to understand, the board reworded the section using plain language.
Section 100.15.5(f-j). For clarification and transparency, the board added certain provisions from Policy #15-3 regarding timing of training units.
Section 100.15.8. The board clarified the criteria for a certified operator to receive double training units for teaching a board approved classroom course.
5 CCR 1003-2-100.53