5 Colo. Code Regs. § 1003-2-100.64
Sections 25-9-104(1), (3) and (6), C.R.S. provide the specific statutory authority for the adoption of amendments to the established regulatory provisions of Regulation 100 (5 CCR 1003-2) governing requirements for water and wastewater facility operators. 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 February 27, 2024, and revised certain portions of sections 100.1 and 100.6 to ensure that the regulations are consistent with the operator certification statute and align with new language in the Water Quality Control Commission's updated Regulation #86. On November 13, 2023, the commission adopted the division's proposed changes to Regulation #86, the Graywater Control Regulation, to no longer require a certified operator for "Category D" Graywater, and to instead specify that a certified operator is required for graywater treatment works that produce greater than 2,000 gallons per day.
The Board determined that these revisions to Regulation 100 allow for the regulation to be worded more clearly and to prevent any additional revisions in the likely event that Regulation #86 is revised in the future to introduce new graywater uses. The revisions to Regulation #86 removed specific category types of graywater treatment facilities based on uses that were referenced in Regulation 100, and likewise, the Board removed the reference to Categories A, B and C in Regulation 100 to be more general. These revisions to Regulation 100 also now align with the 2,000 gallons per day threshold for state review under the Water Quality Control Act, and ensure that certified operator requirements apply to larger graywater systems. These revisions also align with other wastewater program requirements.
5 CCR 1003-2-100.64