5 Colo. Code Regs. § 1002-11.13

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

Section 5 CCR 1002-11.13 - GROUNDWATER RULE: DISINFECTION WAIVERS

11.13(1)Applicability for Disinfection Waivers

(a) The Department shall not approve new disinfection waivers.

(b) If the system has an existing disinfection waiver, the supplier must comply with the requirements specified in this rule.

(i) The supplier is not required to comply with the minimum residual disinfectant concentration requirements specified in 11.11(2).

11.13(2)Requirements for Maintaining a Disinfection Waiver

To maintain a disinfection waiver, the supplier must:

(a) Only supply water from groundwater sources.

(b) Distribute a special public notice regarding the disinfection waiver.

(i) For community water systems, the supplier must distribute the special public notice annually to inform consumers of the disinfection waiver.

(A) The supplier may use the consumer confidence report required under 11.34 to satisfy this requirement.

(ii) For non-community water systems, the supplier must continuously post the special public notice in conspicuous locations.

(iii) The special public notice must include the following language and provide the specific information for the text in brackets:

(A) [Name of groundwater system] has a waiver from disinfection requirements and serves well water that has not been chlorinated.

(iv) The supplier must comply with the public notice requirements specified in 11.33(5)(e-f).

(v) The Department may require the supplier to distribute the special public notice to new billing units or new customers as specified in 11.33(6)(b).

(c) Have the ability to provide a residual disinfectant concentration for the groundwater system in an emergency.

(i) The supplier must have Department-approved emergency disinfection equipment or be operating in accordance with the Department-approved emergency operating plan.

(d) Have a Department-approved monitoring plan that meets the requirements specified in 11.5.

(i) The supplier must operate in accordance with the Department-approved monitoring plan.

(e) Have a Department-approved distribution system protection plan.

(i) The supplier must operate in accordance with the Department-approved distribution system protection plan.

(ii) At a minimum, the distribution system protection plan must include all of the following:

(A) A description of protection measures designed to reduce public health risks for water provided through storage and the distribution system.

(B) A description of distribution system operation and maintenance practices (e.g., flushing schedules, scheduled upgrades, disinfection schedules);

(C) A backflow prevention and cross-connection control program that meets the requirements specified in 11.39.

(D) Identification of each potential point of entry for hazards and/or contaminants into the storage and distribution system and a description of the hazard and/or contaminant control measures to be used to mitigate the potential public health risks.

(E) A description of monitoring locations and parameters that will be used to verify and document that the hazard and/or contaminant control measures are effective.

(F) A description of incident response procedures to be followed in the case of a distribution system breach, hazard condition and/or contamination event. The procedure must at least include confirmation and repeat sampling protocols and flushing procedures.

(f) Have a Department-approved source water protection plan.

(i) The supplier must operate in accordance with the Department-approved source water protection plan.

(ii) At a minimum, the source water protection plan must include all of the following:

(A) A description of protection measures designed to reduce public health risks for water provided from groundwater sources.

(B) Delineation of source water protection areas.

(C) An inventory of potential sources of contamination.

(D) A plan for management of potential sources of contamination.

(E) Well failure emergency and contingency plans.

(F) Capacity development plan for new wells.

(G) A description of the methods to be used to involve and educate the public during the source water protection planning and implementation process.

(g) Keep records of chlorination activities as specified in 11.36(4)(c)(i)(C).

11.13(3)Disinfection Waiver Health-based Evaluations

(a) The Department may evaluate a groundwater system's wells and storage systems to determine if there are potential health risks from these sources. The Department shall conduct the evaluation based on criteria found in:

(i) Well construction and location criteria outlined in the rules, regulations, and Colorado statutes governing water well construction as enforced by the State Board of Examiners of Water Well and Pump Installation Contractors.

(ii) The State of Colorado Design Criteria for Potable Water Systems or other criteria developed by the Department.

(b) For new or existing sources, the Department may require assessment source water monitoring as specified in 11.11(5), additional testing, and additional information to establish that the water being supplied to the public is from a groundwater source determined to be free from microbial contamination.

(i) For new sources, the Department may require that all testing and evaluation be completed before the source may be used to supply water to the public.

(c) The Department may, at any time, conduct a full or partial sanitary survey to establish that the groundwater system is at low risk for contamination.

11.13(4)Disinfection Waiver Withdrawal

(a) A disinfection waiver may be withdrawn immediately if:

(i) The supplier fails to correct significant deficiencies as specified in 11.38(3).

(ii) The supplier fails to comply with 11.16 Revised Total Coliform Rule or a treatment technique for a Level 1 or Level 2 assessment is triggered under 11.16(8).

(iii) The supplier fails to comply with the triggered source water monitoring and reporting requirements specified in 11.11(4).

(iv) The supplier fails to comply with 11.39 Backflow Prevention and Cross-Connection Control Rule.

(v) There is an incidence of microbial disease, the source of which is reasonably identified by the Department as originating from consumption of drinking water from the groundwater system.

(vi) There is an occurrence of unforeseeable situations or conditions which are reasonably identified by the Department as having the potential to contribute to a microbial disease incident.

(vii) The supplier fails to have the system operated by qualified personnel who meet the requirements of Regulation 100, Water and Wastewater Facility Operators Certification Requirements, and are included in a State register of qualified operators.

(viii) The groundwater system is in violation of the Colorado Primary Drinking Water Regulations.

(ix) The groundwater system is not in compliance with all disinfection waiver requirements specified in 11.13(2), or if based on other information obtained, it appears that the water being supplied to the public presents a potential risk to public health.

(b) If the groundwater system has a source that has been determined by the Department to be fecally contaminated or is required to comply with the 4-log treatment of viruses requirements specified in 11.11(3), the waiver shall be withdrawn immediately.

11.13(5)Response to a Disinfection Waiver Withdrawal

(a) If the Department withdraws the disinfection waiver, the supplier must disinfect the groundwater and comply with the minimum disinfectant residual concentration requirements as specified in 11.11(2).

(b) The supplier may request a hearing to contest the withdrawal of the waiver. The request for such a hearing must be filed in writing no later than 60 days after service of the Department's withdrawal. The hearing must be conducted under the procedures established by Article 4 of Title 24, Colorado Revised Statutes.

5 CCR 1002-11.13

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