5 Colo. Code Regs. § 1003-5-4.6

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

Section 5 CCR 1003-5-4.6 - WATER QUALITY STANDARDS FOR NATURAL SWIMMING AREAS

1) Natural swimming areas are required to meet the following standards for bacteriological quality.

A. Maximum contaminant level is:

1. 235 Escherichia coli. per 100 ml sample [see appendix B].

B. Natural swimming areas shall take bacteriological samples at a minimum of once every seven (7) days and no less than five (5) times in a calendar month during use periods. At least one time per calendar month, natural swim areas shall take bacteriological samples at least 24 hours prior to the beginning of a peak-use period and within 24 hours after the end of the same peak use period. Timely response to water quality problems require that the results of this sampling must be known within 3 days of the sampling.

C. If several bacteriological samples are taken in one day, those parts of the natural swimming area with results exceeding the maximum contaminant levels listed in (A) above must be closed to the public.

D. Except as provided in subsection E., a natural swimming area shall be closed immediately upon receipt of any sampling result which indicates that the E. coli density exceeds 235 organisms per 100 ml.

E. Owners/operators of natural swimming areas that have entered into a memorandum of agreement with the Colorado Department of Public Health and Environment pursuant to this subsection, and that are operating in full compliance with such agreement, shall close all natural swimming areas immediately upon receipt of sampling information which indicates that the results of a second sample for E. coli density exceed 235 organisms per 100 ml, where the second sample is taken from the same location and within 2 hours of receiving an initial sampling result for E. coli density that exceeds 235 organisms per 100 ml, and shall close all natural swimming areas where the result of any single sample for E. coli density exceeds 576 organisms per 100 ml. When the E. coli level in the initial sample exceeds 235 organisms per 100 ml, a notice must be posted at the natural swimming area warning swimmers of the presence of elevated levels of bacteria (see appendix C). Entering into the Memorandum of Agreement is voluntary, however, such memorandums of agreement shall contain provisions that require the following:

1. Daily completion of a Data Log Form that records all observable information relevant to potential E. coli impacts to the specific swimming area.

2. Personnel on site, during all times the natural swimming area is open to the public, responsible for observing and recording such relevant information.

3. E. coli sampling at the natural swimming area, in addition to the minimum five samples per month, during identified occurrences that are likely to increase the E. coli level above the 235 organisms per 100 ml. Such occurrences shall be defined in the MOA.

4. Delivery of all samples to a Department approved laboratory within six hours of taking the sample, for initiation of analysis the same day as delivery. Results must be received the following day;

5. Protocols for control samples;

6. Such other provisions as the parties of the MOA determine to be necessary to predict, to prevent, and to control levels of E. coli in excess of 235 organisms per 100 ml;

7. The parties of the MOA may revise or eliminate terms and conditions required by this subsection to be included in any MOA, where the parties of the agreement determine that the required term or condition is not providing relevant or necessary information for the protection of public health. Either party to the MOA may cancel the MOA by providing written notification 30 days in advance.

F. The first sample of the swimming season shall be taken at least 5 days prior to opening the area.

Failure to meet any of these requirements shall constitute grounds for closure of the natural swimming area and must be reported to this department or its designated agent by telephone call or FAX, as soon as possible but no later than 24 hours after determination. Signs must be posted to inform the public of such closure at the accesses to the area.

2) The natural swimming area may re-open when [see appendix B or C]:

A. The sample result shows that the level of Escherichia coli is less than 235 per 100 ml sample.

B. Samples must be taken at the same location as the original sample(s). If more than one sample is taken on any day, the highest result must be used for compliance purposes.

3) The samples shall be taken [see appendix D]:

A. In the area of the greatest bather load or activity,

B. During regular business hours,

C. Where the water depth is approximately 3 feet,

D. From within approximately 12 inches of the surface,

E. By an individual trained in proper sampling techniques.

All samples taken shall be examined in accordance with the 19th edition of Standard Methods for The Examination of Water and Wastewater (1995), Parts 9221 A, C, E; 9222 A, D, E; 9211B; 9212 B; 9213 D; 9221 F; 9223 A, B; and 9020 or by other method accepted by the Colorado Dept. of Public and Environment. Records of all sampling results must be maintained at the facility for a period of three (3) years. All bacteriological sampling results taken in any month must be submitted to this department or its designated agent by the 15th of the following month.

4) Each natural swimming area shall have an approved management plan at each facility, which must be submitted to this department or its designated agent by May 15, 1998. The sanitary issues contained in this plan shall be approved by the Colorado Department of Public Health and Environment or its designated agent. The plan shall be based on, but not limited to, the following criteria:

A. Person(s) responsible for and procedures for notification of the state or local health dept. and the public through the news media, as appropriate, when the water quality is out of compliance with section 1 above,

B. Number and location of additional bacteriological samples due to size of area,

C. Public information on water quality and associated risks, proper hygiene, steps the swimmers can take to reduce their risk, and the steps swimmers should take to report any illness they believe that they had contracted from the swimming area,

D. Minimum number and location of toilet facilities [see appendix E],

E. Control of diaper wearing individuals and changing stations,

F. Control of pets,

G. Voluntary closure when water quality may exceed the standards,

H. Maximum bather loads,

I. Lifeguards and other personnel,

J. Personnel qualifications and training,

K. Control of inlet water or other practices to affect water quality,

L. Use of sanitary surveys for closing portions of the area due to presence of bacteria,

M. Maintenance of reports of health complaints,

N. Maintenance of analytical costs.

5 CCR 1003-5-4.6

43 CR 22, November 25, 2020, effective 12/15/2020