5 Colo. Code Regs. § 1002-11.1

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

Section 5 CCR 1002-11.1 - AUTHORITY AND PURPOSE

11.1(1)Authority

The Water Quality Control Commission has promulgated the Colorado Primary Drinking Water Regulations pursuant to sections 24-4-104, 24-4-105, 25-1.5-101, 25 -1.5 Part 2, 25-1-109, 25-1-114, 25-1-114.1, and 25-8-202, Colorado Revised Statutes.

11.1(2)Purpose

The purpose of the Colorado Primary Drinking Water Regulations is to assure the safety of public drinking water supplies and to enable the state of Colorado to assume responsibility for enforcing the standards established by the federal Safe Drinking Water Act (i.e., Public Law 93-523), as amended.

11.1(3)RESERVED

11.1(4)Severability Clause

The provisions of these regulations are severable. If any regulation, rule, section, paragraph, or other portion of the Colorado Primary Drinking Water Regulations is, for any reason, held inoperative, unconstitutional, void or invalid, the validity of the remaining portions shall not be affected.

11.1(5)Applicability

(a) The Colorado Primary Drinking Water Regulations apply to each public water system, unless the public water system meets all of the following conditions:

(i) Consists only of distribution facilities and/or storage facilities.

(ii) Does not have any collection facilities.

(iii) Does not have any treatment facilities.

(iv) Obtains all of its water from a public water system to which these regulations apply.

(v) Is not owned or operated by a public water system to which these regulations apply.

(vi) Does not sell water to any person.

(vii) Is not a carrier which conveys passengers in interstate commerce.

(b) The Department, regardless of any other provisions of the Colorado Primary Drinking Water Regulations, must enforce the Colorado Primary Drinking Water Regulations against federal facilities, on federally owned lands within the State, excluding Native American Lands.

11.1(6)General Authorities

(a)Testing and Monitoring Requirements

(i) To demonstrate compliance with the Colorado Primary Drinking Water Regulations or terms and conditions of enforcement orders, the Department may require the supplier to conduct tests and monitoring as the Department determines is necessary to protect public health.

(A) These tests must be conducted using methods approved by the Department.

(ii) The Department may require the supplier to install, maintain, and use instrumentation to monitor and record data.

(A) The supplier must submit periodic reports on a continuing basis to demonstrate compliance with applicable regulations.

(b)Entry and Inspection of Public Water Systems

(i) Upon presentation of proper credentials, authorized representatives of the Department may enter and inspect, at any reasonable time and in a reasonable manner, any establishment, facility, or any other property, premises, or place owned, operated or under the control of a public water system or other person for the purpose of investigating any actual, suspected, or potential violations of any minimum general sanitary standards required by section 25-1.5-202, Colorado Revised Statutes.

(ii) During entry, authorized representatives may collect drinking water samples.

(A) Any sample collected may be used as evidence in an enforcement action.

(B) A split or duplicate sample shall be offered to the supplier.

(C) The supplier shall be promptly provided a copy of the sample results.

(iii) If entry or inspection is denied or not consented to by the supplier, the Department has the authority to obtain a warrant to enter and inspect said property, premises, or place and shall obtain the warrant from the district or county court for the judicial district or county in which the property, premises, or place is located.

(A) The district and county courts of the state have the authority to issue a warrant if the Department shows the need for the entry and inspection.

(B) A copy of the inspection report(s) must be provided to the court within a reasonable time after the inspection.

(c)Enforcement Authority

(i) If the supplier violates any provision of the Colorado Primary Drinking Water Regulations, the Department may issue an enforcement order requiring the supplier to take actions necessary to correct the violation(s). The Department may issue an enforcement order:

(A) Upon finding significant deviation from plans and specifications or significant inaccuracies in data submitted to the Department which the Department used as the basis for approval of proposed construction or modifications to a public water system;

(B) Due to the incidence of disease, the source of which is reasonably identified by the Department as originating from the consumption of drinking water from a public water system;

(C) Upon determining that contaminants are present in a public water supply and that the presence of these contaminants presents an unreasonable risk to public health; or

(D) Upon determining that a physical condition or an operation or maintenance practice poses an unreasonable risk to public health.

(ii) An enforcement order may require the supplier to:

(A) Design, redesign, install, modify, construct or reconstruct facilities, which may include sources and treatment;

(B) Use treatment techniques;

(C) Acquire an alternative source;

(D) Take other corrective action(s); or

(E) Demonstrate the adequacy of control measures and use operational techniques and practices that will eliminate any violations.

(iii) A supplier that violates the Colorado Primary Drinking Water Regulations or an enforcement order(s) may be subject to civil or criminal actions pursuant to the provisions of sections 25-1-114 and 25-1-114.1, Colorado Revised Statutes.

(iv) The supplier may request a hearing to contest an enforcement order.

(A) Requests for a hearing must:

(I) Be filed in writing with the Department no later than 30 days after service of the enforcement order;

(II) State the grounds on which the enforcement order is contested; and

(III) State the amount of time the supplier estimates will be required for the hearing.

(B) The hearing regarding the enforcement order shall be held in accordance with applicable provisions of Article 4 of Title 24, Colorado Revised Statutes.

5 CCR 1002-11.1

38 CR 07, April 10, 2015, effective 4/30/2015

41 CR 11, June 10, 2018, effective 6/30/2018

41 CR 23, December 10, 2018, effective 12/30/2018

43 CR 07, April 10, 2020, effective 4/30/2020

43 CR 17, September 10, 2020, effective 9/30/2020

45 CR 24, December 25, 2022, effective 1/14/2023

46 CR 18, September 25, 2023, effective 10/15/2023

46 CR 24, December 25, 2023, effective 1/14/2024