5 Colo. Code Regs. § 1002-11.14
Current through Register Vol. 47, No. 20, October 25, 2024
Section 5 CCR 1002-11.14 - DIRECT POTABLE REUSE RULE11.14(1)Applicability and Definitions(a) For all public water systems that utilize direct potable reuse, the supplier must comply with the requirements specified in this rule.(b) Unless more stringent requirements are specified in this rule, the supplier must comply with requirements in Regulation 11 for a surface water system as defined in 11.3(83). (i) The requirements of this rule constitute the regulations for direct potable reuse in addition to surface water treatment requirements specified in 11.8, 11.9, and 11.10.(c) "ACTION LIMIT" means a limit at a critical control point that, when exceeded, triggers a response to prevent a potential human health hazard.(d) "ADVANCED OXIDATION PROCESS" means a set of chemical treatment processes whereby oxidation of organic contaminants occurs on a molecular level through reactions with hydroxyl radicals or similarly aggressive radical oxidant species. The process breaks down recalcitrant organic molecules into smaller oxidized organic fragments.(e) "ALERT LIMIT" means a limit at a critical control point that, when exceeded, alerts an operator that a potential problem may require a response.(f) "BYPASS" means, for the purposes of direct potable reuse, the intentional diversion of waste streams from any portion of a non-domestic source's treatment facility.(g) "CONSTITUENT(S) OF CONCERN" means potentially harmful or difficult to treat substances that could cause treatment interference, pass through, or a violation either of a treatment technique requirement or of an MCL specified in 11.45 in finished drinking water. Constituents of concern include target chemicals.(h) "CRITICAL CONTROL POINT" means a treatment process or a portion of a treatment process designed to reduce, prevent, or eliminate a human health hazard.(i) "CRITICAL CONTROL POINT MONITORING" means the approved parameters and methods used to monitor the effectiveness and status of treatment at each critical control point. Critical control point monitoring indicates whether the performance of the critical control point is achieving treatment goals. Action and alert limits must be associated with critical control point monitoring.(j) "CRITICAL CONTROL POINT MONITORING LOCATION" means an approved location where effectiveness and status of each critical control point is monitored. Each critical control point must have at least one approved critical control point monitoring location.(k) "DIRECT POTABLE REUSE" means using a series of processes that produce finished drinking water utilizing a source containing treated wastewater that has not passed through an environmental buffer.(l) "ENVIRONMENTAL BUFFER" means either a surface water or groundwater aquifer that causes adequate dilution or natural attenuation of pathogenic and chemical contaminants. Wastewater effluent from a permitted (e.g. Colorado Discharge Permit System) wastewater treatment plant that has been discharged to a surface water body is considered to have passed through an environmental buffer. For new waterworks, the Department shall determine if a source containing wastewater effluent passes through an environmental buffer during review of plans and specifications in 11.4.(m) "INDICATOR COMPOUND" means a chemical compound that has chemical properties that make it removable by some treatment processes but that may be recalcitrant to others. Indicator compounds are indicative of other compounds in that family of compounds and can be used to monitor the efficacy of removal of that group of compounds by a critical control point.(n) "INTERFERENCE" means a discharge from a non-domestic source which alone or in conjunction with a discharge or discharges from other sources that inhibits or disrupts the supplier's treatment processes or operations that has a significant potential to have serious adverse effects on public health or to cause a violation either of a treatment technique requirement or of an MCL specified in 11.45 in finished drinking water.(o) "METROPOLITAN SEWAGE DISPOSAL DISTRICT" means a district organized under Part 5, Article 4 of Title 32, Colorado Revised Statutes. A Metropolitan Sewage Disposal District is a type of wastewater entity.
(p) "NON-DOMESTIC SOURCE" means all industrial or commercial sources of wastewater to a wastewater treatment plant that are subject to National Pretreatment Standards and any other source that may adversely affect the waterwork's operation or has a significant potential to have serious adverse effects on public health or to cause a violation either of a treatment technique requirement or of an MCL specified in 11.45 in finished drinking water. Non-domestic source(s) that are determined to be Non-Significant pursuant to the criteria and procedures developed under 11.14(4)(a)(i)(B)(II) are exempt from individual permitting or other individual control mechanisms under the Enhanced Source Water Control Program.(q) "OXIDIZED WASTEWATER" means wastewater in which the organic matter has been stabilized, is non-putrescible, and contains dissolved oxygen.(r) "PASS THROUGH" means a condition where a constituent of concern enters the waterworks in quantities or concentrations that have a significant potential to have serious adverse effects on public health or to cause a violation either of a treatment technique requirement or of an MCL in finished drinking water as specified in 11.45.(s) "RECALCITRANT TOTAL ORGANIC CARBON (rTOC)" means the total organic carbon (TOC) present in finished water that ultimately becomes treated wastewater. The recalcitrant TOC differs from anthropogenic TOC present in wastewater in that it may not be efficiently removed by the wastewater treatment plant and will be a component of the TOC in the treated wastewater.
(t) "TARGET CHEMICAL" means any unregulated chemical causing a potential human health concern that may be present in the treated wastewater.(u) "TREATED WASTEWATER" means any water source from a wastewater treatment plant that has undergone a treated wastewater characterization for either enhanced wastewater treatment or secondary wastewater treatment as defined in the Direct Potable Reuse Policy and originates from a wastewater treatment plant that has liquid stream treatment processes that, at a minimum, are designed and operated to produce oxidized wastewater to achieve a defined source water quality for additional treatment by a supplier utilizing direct potable reuse.(v) "WASTEWATER TREATMENT PLANT" means an arrangement of devices and structures for collecting, treating, neutralizing, stabilizing, or disposing of domestic wastewater, industrial wastes, and biosolids. For purposes of direct potable reuse, a wastewater treatment plant does not include industrial wastewater treatment plants or complexes whose primary function is the treatment of industrial wastes, notwithstanding the fact that human wastes generated incidentally to the industrial process are treated therein.11.14(2)Prior Approval Requirements(a) The supplier may not commence direct potable reuse without prior written Department approval of an application for direct potable reuse, a technical, managerial, and financial capacity assessment using the criteria found in the New Public Water System Capacity Planning Manual, and plans and specifications for construction of new waterworks.(b) The supplier must submit an application for direct potable reuse for Department approval prior to submission of plans and specifications for construction of new waterworks in accordance with 11.4(1)(b) for the direct potable reuse treatment facility. The application must contain all of the following: (i) A communications and outreach plan to inform consumers of the direct potable reuse project with all of the elements specified in 11.14(3). (A) The supplier must submit a copy of the public notification of the intent to apply for direct potable reuse along with certification that states that the supplier has fully complied with the notification requirements in 11.14(3)(a)(ii).(ii) An enhanced source water control plan with all of the elements specified in 11.14(4). The plan provided with the application must include a copy of any agreement(s) with a wastewater entity to implement the enhanced source water control program.(iii) A direct potable reuse operations plan with all of the elements specified in 11.14(5).(iv) At least one year of monitoring results of the treated wastewater specified in 11.14(6)(b)(i)-(ii).(c) Department written approval of an application for direct potable reuse shall specify conditions for the communications and public outreach program, the enhanced source water control program, and the direct potable reuse operations program.11.14(3)Communications and Public Outreach Program(a)Requirements for a Communications and Public Outreach Program(i) The supplier must develop a written plan for a communications and public outreach program. The communications and public outreach program must be conducted in a manner that allows for meaningful involvement and fair treatment of Disproportionately Impacted (DI) communities, as defined in C.R.S. 24-4-109(2)(b)(II), or as approved by the Department. The written communications and public outreach plan must include information the supplier intends to distribute that includes at least all of the following content in language that is understandable to those without a technical background in the subject matter: (A) The name, business address, and phone number for the supplier or designee that the consumer may contact for additional information about the direct potable reuse project.(B) An explanation of what direct potable reuse is and the reasons for the supplier's implementation of direct potable reuse.(C) A description and/or depiction of the supplier's proposed direct potable reuse project, including: (I) The critical control points utilized to reduce pathogens and chemicals in accordance with 11.14(5)(a)(i)(E) and 11.14(5)(a)(i)(G).(II) The critical control point monitoring and critical control point monitoring locations utilized within the direct potable reuse treatment plant in accordance with 11.14(5)(a)(i)(F), (H), and (I). The description must include how sampling at these monitoring locations is used to demonstrate effective reduction of pathogens, indicator compounds, and target chemicals.(III) The alert and action limits. For action limit exceedances, a description must be included of the procedures for process shutdown or diversion, including provisions for an automated response, and must specify the fate of any water sent to waste in accordance with 11.14(5)(a)(i)(K).(D) Identification of the wastewater treatment plant that serves as the source for the direct potable reuse project.(E) The service area(s) that will be supplied with finished water from the direct potable reuse project.(F) A statement that direct potable reuse is regulated by the Department under Regulation 11 and information on how to access Regulation 11.(G) Other information as determined by the Department on a project-specific basis.(ii) At least 60 calendar days prior to submitting an application for direct potable reuse, the supplier must notify by mail or by another Department-approved method all of its consumers of its intention to apply for and implement direct potable reuse. Prior to distribution of the notice, the supplier must make information specified in 11.14(3)(a)(i)(A-F) publicly available with the ability for consumers to provide public comment.(b)Distribution of Communication and Public Outreach Materials.(i) The supplier must deliver the information specified in 11.14(3)(a)(i) in all of the following methods: (A) A local, publicly accessible repository that contains information including but not limited to the information required in 11.14(3)(a)(i) with a means for the public to submit questions and comments, obtain responses from the supplier and engage with the supplier. This repository must be active when the supplier complies with 11.14(3)(b)(i)(B).(B) At least one notification by mail or by another Department-approved method to all of its consumers prior to the public meeting required by 11.14(3)(b)(i)(C).(C) At least one public meeting must be held at least six months prior to serving finished water from direct potable reuse.(D) At least one additional method as approved by the Department.(E) For systems supplying a large proportion of non-English speaking consumers, as determined by the Department, for the information in 11.14(3)(a)(i)(A-G) that is distributed per 11.14(3)(b)(i)(A-D), the supplier must include either: (I) Information in the appropriate language(s).(II) A telephone number, email address or address where the consumer may contact the supplier to obtain a translated copy of written communication or request assistance in the appropriate language for written and oral communications.(c)Reporting Requirements for Communications and Public Outreach Materials(i) No later than 30 days before production of finished water from a direct potable reuse waterworks, the supplier must submit documentation to the Department that includes all of the following: (A) A copy of the public outreach notices distributed in 11.14(3)(b)(i)(B) that meet the content requirements in 11.14(3)(a)(i).(B) The date(s) and location(s) of public meeting(s).(C) A description of the completed additional distribution method for public outreach approved by the Department in 11.14(3)(b)(i)(D).(D) A description of how the supplier conducted outreach in a manner that allowed for meaningful involvement and fair treatment of Disproportionately Impacted (DI) communities, including a summary of engagement and responses from DI communities, if applicable.(E) A certification that the supplier has fully complied with the communications and public outreach requirements.(d)Violations for Communications and Public Outreach Program(i) The following constitute communications and public outreach program violations: (A) Failure to distribute materials as required in 11.14(3)(b).(B) Failure to report materials as required in 11.14(3)(c).(e)Response to Violations for Communications and Public Outreach Program(i) In the event of a communications and public outreach program violation as specified in 11.14(3)(d), the supplier must: (A) Notify the Department no later than 48 hours after the violation occurs.(B) Distribute Tier 3 public notice as specified in 11.33.11.14(4)Enhanced Source Water Control Program(a)Requirements for an Enhanced Source Water Control Program(i) The supplier must develop and maintain a written enhanced source water control program in accordance with the Enhanced Source Water Control Program Policy. The program must demonstrate how the supplier will reduce, eliminate, or alter the nature of constituents of concern including target chemicals in treated wastewater sufficient to meet the criteria for the critical control point monitoring ranges for direct potable reuse through the characterization of sources contributing to the influent of a wastewater treatment plant. At a minimum, the written enhanced source water control program must include all of the following information:(A) The supplier's legal authority through written agreements, including applicable interagency agreements between the supplier and the wastewater entity to implement the enhanced source water control program; ordinances; and/or permits to ensure implementation of the enhanced source water control program, including an enforcement response plan and guide.(B) The criteria and procedure(s) that will be used to:(I) Develop and implement prohibitions, standards, and limits to protect the waterworks from interference, bypass, and pass through.(II) Determine that a non-domestic source or group of non-domestic sources is "Non-Significant" upon a finding that the non-domestic source will not adversely affect operation of the waterworks, including pass through or interference, or has no significant potential to have serious adverse effects on public health or to cause a violation either of a treatment technique requirement or of an MCL specified in 11.45 in finished drinking water. Where a non-domestic source or group of non-domestic sources is determined to be "Non-Significant," the procedure must include documentation of agreement of the determination between the supplier and the wastewater treatment plant or metropolitan disposal district.(C) Recordkeeping requirements for the wastewater treatment plant and non-domestic sources in addition to the Department's requirements.(D) Legal authority to inspect, perform investigatory sampling, and access and copy relevant records of the wastewater treatment plant providing the treated wastewater, the non-domestic sources, and hauled wastes within or to the service area of the wastewater treatment plant.(E) The process that will be used to identify and track contaminants of concern including a non-domestic source inventory, a chemical inventory, and a review of the wastewater treatment plant's hauled waste program. The process shall include tracking of monitoring, inspection and enforcement activities used to control sources of contaminants of concern.(F) A legally enforceable response plan for source water quality deviations.(G) Where applicable, a description of how the enhanced source water control program will be implemented by the wastewater entity through its approved pretreatment program or equivalent NPDES or CDPS discharge permit program, as set forth in 11.14(4)(a)(ii)(A-B).(H) Where applicable, a description of the specific procedures, including required timeframes, for the wastewater entity implementing the enhanced source water control program to provide the supplier with notifications of new or substantially changed pollutants from non-domestic sources as set forth in 11.14(4)(a)(vi).(ii) The supplier must ensure the enhanced source water control program is properly implemented and specify to the Department the entity that will implement each element of the program in accordance with the Enhanced Source Water Control Program Policy. Implementation will depend upon the wastewater treatment plant or metropolitan sewage disposal district that provides treated wastewater for direct potable reuse. The supplier must specify in the enhanced source water control program how the program will be implemented based on the criteria below.(A) If the wastewater treatment plant or metropolitan sewage disposal district that provides treated wastewater has an approved national pretreatment program that meets the requirements of 40 CFR Part 403 (General Pretreatment Regulations for Existing and New Sources of Pollution), the supplier must ensure that the wastewater entity or metropolitan sewage disposal district implements the enhanced source water control program in conjunction with its approved pretreatment program. Agreements must be provided to the Department specifying how the wastewater treatment plant or metropolitan sewage disposal district will implement enhanced source water control on behalf of the supplier, including identifying elements of the approved pretreatment program that will be used for enhanced source water control.(B) If the wastewater treatment plant or metropolitan sewage disposal district that provides treated wastewater has a NPDES or CDPS discharge permit, but does not have an approved national pretreatment program that meets the requirements of 40 CFR Part 403 (General Pretreatment Regulations for Existing and New Sources of Pollution), then the supplier must ensure that the enhanced source water control program is implemented by the permit holder in coordination with the supplier and contains equivalent components to an approved national pretreatment program as applicable to enhanced source water control. The supplier shall confirm that the discharge permit includes required prohibited discharges and categorical pretreatment standards from 40 CFR Part 403 (General Pretreatment Regulations for Existing and New Sources of Pollution).(C) If the wastewater treatment plant or metropolitan sewage disposal district that provides treated wastewater does not have a NPDES or CDPS discharge permit, then the supplier must establish and implement the enhanced source water control program in its entirety. The supplier shall ensure that the enhanced source water control program contains equivalent components to an approved national pretreatment program under 40 CFR Part 403 (General Pretreatment Regulations for Existing and New Sources of Pollution) as applicable to enhanced source water control, including prohibited discharges and categorical pretreatment standards.(iii) The supplier must submit for Department review and approval any significant modifications to the previously approved enhanced source water control program prior to implementing such modifications.(iv) At a minimum, the supplier must review and update the written enhanced source water control program at least every three years, or on a frequency determined by the Department based on changes within the service area of the wastewater treatment plant or the presence of contaminants of concern not adequately addressed in the existing program. The enhanced source water control program must be signed and dated by the authorized signatories of the supplier and the wastewater entity or metropolitan sewage disposal district.(v) The Department may request, review, or require revisions to the supplier's written enhanced source water control program. The supplier must demonstrate that the written enhanced source water control program is being implemented by maintaining legal authority to direct, access and maintain records of all activities necessary for implementation of the written enhanced source water control program.(vi) The supplier shall require all non-domestic sources that are subject to the enhanced source water control program to notify the entity implementing the enhanced source water control program of any new introductions of pollutants by new or existing non-domestic sources or any substantial change in pollutants from any non-domestic sources no later than 30 calendar days before the introduction or change. Such notice must identify:(A) Any substantial change in the volume or character of pollutants being introduced into the wastewater collection system by any non-domestic source.(B) The identity of the non-domestic source.(C) The nature and concentration of pollutants in the discharge that could cause pass through or interference.(D) The average and maximum flow of the discharge to be introduced into the wastewater collection system.(E) The supplier must document any anticipated impact of the change on the quantity or quality of treated wastewater to be received by the waterworks.(vii) The supplier must submit an annual enhanced source water control program report documenting program status and activities during the previous calendar year by no later than May 1st of each calendar year. The report must include all of the following: (A) A summary of the status of non-domestic source compliance during the reporting period.(B) A summary of compliance and enforcement activities, including inspections, conducted by the supplier during the reporting period.(C) A current inventory of non-domestic sources that contribute to constituents of concern.(b)Violations for Enhanced Source Water Control(i) The following constitute enhanced source water control program violations: (A) Failure to maintain or implement the approved enhanced source water control program.(B) Failure to submit an enhanced source water control program report as specified in 11.14(4)(a)(vii).(c)Response to Violations for Enhanced Source Water Control(i) In the event of an enhanced source water control program violation as specified in 11.14(4)(b), the supplier must: (A) Notify the Department no later than 48 hours after the violation occurs.(B) Distribute Tier 3 public notice as specified in 11.33.11.14(5)Direct Potable Reuse Operations Program(a)Requirements for a Direct Potable Reuse Operations Program(i) The supplier must develop a written plan for a direct potable reuse operations program that demonstrates how the supplier or wastewater entity will operate wastewater treatment processes and direct potable reuse to deliver finished water that meets the pathogen and chemical reduction treatment technique requirements in 11.14(7) and 11.14(8). At a minimum, the direct potable reuse operations program must include all of the following: (A) Certification that the water and wastewater systems are operated by certified operators at the appropriate certification levels for each facility.(B) A communications plan describing the schedule and method for communications between water and wastewater operators.(C) A preliminary operations manual that details standard operating protocols at the wastewater system, water treatment system, and water distribution system.(D) A characterization of the treated wastewater based on monitoring under 11.14(6)(b) to identify alert and action limits prior to the water treatment plant.(E) Identification of each critical control point for pathogen reduction to comply with 11.14(7).(F) Identification of critical control point monitoring and critical control point monitoring locations to be monitored to evaluate the effectiveness of critical control points for pathogen reduction.(G) Identification of each critical control point for chemical reduction to comply with 11.14(8).(H) The identification of indicator compounds, critical control point monitoring, and critical control point monitoring locations that indicate whether treatment goals at each critical control point for chemical reduction are being met.(I) Identification of target chemicals that are present in treated wastewater and targeted for removal or reduction. The supplier must specify targeted removal rates to be removed at each critical control point.(J) Identification of critical control point monitoring and critical control point monitoring locations to be monitored to evaluate the effectiveness of critical control points for chemical reduction.(K) Identification of alert limits and action limits at each critical control point with an associated action plan with deadlines for addressing alert limit and action limit exceedances. For action limit exceedances, procedures must include but not be limited to provisions for process shutdown or diversion, including provisions for an automated response, and must specify the fate of any water sent to waste.(L) A direct potable reuse process schematic that identifies each critical control point for pathogen and chemical reduction and the critical control point for treated wastewater within the wastewater treatment plant.(M) Identification of a critical control point dashboard that allows for online monitoring for display to the supplier's wastewater and water treatment operator(s).(N) A communications plan describing how the supplier will maintain the following forms of communication with the public: (I) The local, publicly accessible repository of information required in 11.14(3)(b)(i)(A).(II) The methods and frequency for continued communications with the public about direct potable reuse operations, status, and water quality, including situations requiring public notice under 11.33.(ii) The supplier may develop a microbial risk assessment of its treated wastewater based on pathogen monitoring as defined in the Direct Potable Reuse Policy. After completion of the assessment, the Department may approve treatment technique requirements for pathogen reduction less than those specified in 11.14(7)(b)(ii) but not less than those specified in 11.14(7)(b)(iii).(iii) The supplier must submit for Department review and approval any significant modifications to the previously approved direct potable reuse operations program prior to initiating such modifications.(iv) The Department may request, review, or require revisions to the supplier's written direct potable reuse operations program.(b)Violations for Direct Potable Reuse Operations Program(i) The following constitutes direct potable reuse operations program violations:(A) Failure to maintain or implement the direct potable reuse operations program.(c)Response to Violations for Direct Potable Reuse Operations Program(i) In the event of a direct potable reuse operations program violation as specified in 11.14(5)(b)(i), the supplier must: (A) Notify the Department no later than 48 hours after the violation occurs.(B) Distribute Tier 3 public notice as specified in 11.33.11.14(6)Treated Wastewater Control(a)Requirements for Treated Wastewater Control(i) The supplier must regularly verify that the treated wastewater is within Department-approved action limits or that corresponding corrective actions are taken within the approved timeframe. (b)Monitoring Requirements for Treated Wastewater Control(i) Prior to submitting an application for direct potable reuse, the supplier must ensure monitoring occurs at a critical control point monitoring location. The supplier and wastewater entity can determine through agreement how the parties will effectuate the monitoring requirements. The monitoring must occur at a critical control point representing treated wastewater for all of the following: (A) Continuously monitor and record the monitoring results at least every 15 minutes for the following parameters for 12 consecutive months. (III) pH and temperature.(V) Ultraviolet absorption, in 1/m, at a wavelength of 254 nm (i.e., UV254) that has been correlated with Total Organic Carbon (TOC).(VI) Flow rate of treated wastewater.(B) Monitor at least one sample each month for 12 consecutive months for the following parameters:(II) Inorganic chemicals specified in 11.19(2).(III) Organic chemicals specified in 11.21(2).(IV) Radionuclides specified in 11.22(2).(V) Disinfection byproducts specified in 11.25(1).(ii) Prior to submitting an application for direct potable reuse, the supplier must monitor within the distribution system at locations defined in the Direct Potable Reuse Policy once per month for 12 consecutive months for TOC in order to determine the recalcitrant total organic carbon (rTOC).(iii) While operating direct potable reuse, the supplier must ensure monitoring occurs at an approved critical control point monitoring location. The supplier and wastewater entity can determine through agreement how the parties will effectuate the monitoring requirements. The monitoring must occur at a critical control point representing treated wastewater for all of the following: (A) Continuously monitor and record the monitoring results at least every 15 minutes for the following parameters: (V) UV254 that has been correlated with TOC.(VI) Flow rate of treated wastewater.(VII) Other parameters, as determined by the Department.(B) Monitor at least one sample each month for the following parameters:(II) Other parameters, as determined by the Department.(C) Monitor at least one sample each year for parameters as determined by the Department based on the monitoring results in 11.14(6)(b)(i)(B).(iv) While operating direct potable reuse, the supplier must monitor in the distribution system once per month for TOC at Department-approved locations in order to verify the recalcitrant TOC.(c)Violations for Treated Wastewater Control(i) The following constitutes treatment technique violations of the treated wastewater control:(A) Production of finished water through direct potable reuse when an action limit is exceeded at the treated wastewater critical control point for more than the Department-approved corrective action timeframe.(d)Response to Violations for Treated Wastewater(i) In the event of a treated wastewater treatment technique violation as specified in 11.14(6)(c)(i), the supplier must: (A) Notify the Department no later than the end of the next business day.(B) Distribute Tier 2 public notice as specified in 11.33.(e)Reporting Requirements for Treated Wastewater Critical Control Point(i) No later than the 10th of the month following the end of each month, the supplier must submit the following: (A) Action limit exceedances and corrective action taken within the approved timeframe.(B) Alert limit exceedances and corrective action taken within the approved timeframe.(ii) No later than the 10th of the month following the end of each calendar year, the supplier must submit the following:(A) A summary of results of continuously monitored parameters, including median, mean, and 25th and 75th percentiles compiled on a monthly basis for each parameter under 11.14(6)(b)(iii)(A).(B) All sample results monitored during the calendar year under 11.14(6)(b)(iii)(B-C).11.14(7)Treatment Technique Requirements for Pathogen Reduction(a)Applicability for Treatment Technique Requirements for Pathogen Reduction(i) For all public water systems that utilize direct potable reuse, the supplier must comply with the treatment technique requirements at critical control points for pathogen reduction, and entry point and distribution residual disinfectant concentrations specified in this section, 11.14(7).(b)Treatment Technique Requirements for Pathogen Reduction(i) The supplier must utilize a minimum of three separate critical control points for pathogen reduction. Two of the critical control points for pathogen reduction must consist of one disinfection critical control point and one filtration critical control point from the following:(A) A disinfection critical control point consisting of UV or ozone.(B) A filtration critical control point consisting of one of the following:(II) Conventional or direct filtration in accordance with criteria specified in the Direct Potable Reuse Policy and Policy DW-005. Ozone/biofiltration is considered direct or conventional filtration.(III) A Department-approved alternative filtration in accordance with criteria specified in the Direct Potable Reuse Policy, Policy DW-004, DW-005 and 11.10(5).(ii) Unless the Department has approved alternative treatment requirements based on treated wastewater characterization in 11.14(5)(a)(ii), the sum of the log reduction values across the pathogen critical control points specified in 11.14(7) must reliably be at least:(A) 10-log treatment of Cryptosporidium.(B) 10-log treatment of Giardia lamblia.(C) 12-log treatment of viruses.(iii) If the Department has approved alternative treatment requirements based on treated wastewater characterization in 11.14(5)(a)(ii), the sum of the log reduction values across the pathogen critical control points specified in 11.14(7) shall not be less than: (A) 5.5-log treatment of Cryptosporidium.(B) 6-log treatment of Giardia lamblia.(C) 8-log treatment of viruses.(iv) The Department shall approve log reduction credits for each pathogen critical control point in accordance with criteria specified in 11.10(5) and Policy DW-004 and DW-005. (A) Each filtration critical control point shall receive no more than 6-log treatment removal credit for viruses, Giardia lamblia, or Cryptosporidium.(v) The maximum demonstrated log inactivation for viruses, Giardia lamblia, or Cryptosporidium is 6-log inactivation at each disinfection critical control point.(vi) The supplier must meet the filtration treatment technique requirements specified in 11.8(2)(b).(vii) The supplier must meet the entry point and distribution system disinfection treatment technique requirements specified in 11.8(3)(b)(i)(B).(c)Monitoring Requirements for Pathogen Reduction(i) To determine compliance with the treatment technique requirements for critical control points for pathogen reduction, the supplier must comply with the sampling requirements specified in this section, 11.14(7)(c). (A) For systems using conventional or direct filtration: (I) To determine compliance with the combined filter effluent treatment technique requirements specified in 11.8(2)(c)(i) the supplier must monitor turbidity continuously at a location(s) representative of the combined filter effluent and validate the continuous monitoring equipment for accuracy at a Department-approved frequency and using a Department-approved method.(II) The supplier must monitor turbidity continuously at locations representative of each individual filter effluent as specified in 11.8(2)(g).(B) For systems using membrane or reverse osmosis filtration, the supplier must measure the following: (I) To determine compliance with the combined filter effluent treatment technique requirements specified in 11.8(2)(c)(i) the supplier must monitor turbidity continuously at a location(s) representative of the combined filter effluent and validate the continuous monitoring equipment for accuracy at a Department-approved frequency and using a Department-approved method.(II) The supplier must monitor its membrane filtration as specified in 11.10(5)(j).(C) To determine compliance with the disinfection treatment technique requirements at each critical control point for pathogen reduction, the supplier must monitor the following: (I) For systems using chlorine, chlorine dioxide, or ozone, the supplier must monitor parameters to summarize or validate the achieved log inactivation at each pathogen critical control point at least every four hours.(II) For systems using UV, the supplier must continuously monitor all of the following: (a) UV intensity as measured by a UV sensor. (i) The supplier must verify the calibration of UV sensors and must recalibrate sensors in accordance with a Department-approved protocol.(e) Other parameters the Department designates based on UV reactor operation.(III) At each entry point, the supplier must continuously monitor the residual disinfectant concentration. (a) The supplier must record the lowest monitoring result each day.(b) If there is a failure of the continuous monitoring equipment, the supplier must monitor the residual disinfectant concentration by collecting a grab sample no later than four hours after the equipment failure and continue collecting grab samples every four hours until the continuous monitoring equipment is returned to service.(i) The supplier must resume continuous residual disinfectant concentration monitoring no later than five working days after the equipment failure.(IV) The supplier must monitor residual disinfectant concentration in the distribution system according to 11.8(3)(c)(i)(B).(d)Treatment Technique Violations for Pathogen Reduction(i) The following constitute pathogen reduction treatment technique violations:(A) Violations for combined filter effluent as specified in 11.8(2)(d)(i)(A).(B) Violations for disinfection as specified in 11.8(3)(d)(i).(C) Production of finished water through direct potable reuse when an action limit is exceeded at a critical control point for pathogen reduction for more than a Department-approved corrective action timeframe.(D) At the entry point, based on the total pathogen reduction and inactivation treatment, the required log reduction credit for Cryptosporidium, Giardia lamblia, or viruses is not met for more than four hours.(E) Violations for combined filter effluent as specified in 11.8(2)(d)(i)(B).(e)Response to Treatment Technique Violations for Pathogen Reduction(i) In the event of a pathogen reduction treatment technique violation, as specified in 11.14(7)(d)(i)(A-C), the supplier must: (A) Notify the Department no later than the end of the next business day.(B) Distribute Tier 2 public notice as specified in 11.33.(ii) In the event of a pathogen treatment technique violation, as specified in 11.14(7)(d)(i)(D), the supplier must: (A) Notify the Department as soon as possible but no later than 24 hours after the violation occurs.(B) Distribute Tier 1 public notice as specified in 11.33.(iii) In the event of a maximum combined filter effluent turbidity limit treatment technique violation, as specified in 11.14(7)(d)(i)(E), the supplier must consult with the Department as soon as possible but no later than 24 hours after the violation occurs. (A) The Department shall determine from the consultation whether Tier 1 or Tier 2 public notice is required to protect public health. The supplier must distribute public notice as specified by the Department.(B) If the supplier fails to consult with the Department within 24 hours, the supplier must distribute Tier 1 public notice, as specified in 11.33, for the violation.(f)Reporting Requirements for Pathogen Reduction(i) If at any time the pathogen reduction values are less than the required levels, the supplier must notify the Department as soon as possible, but no later than the end of the next business day after the supplier learns of the situation. (A) The supplier must also report, no later than the end of the next business day, whether the log removal and inactivation treatment was restored to at least required levels within four hours.(ii) The supplier must submit all of the following monitoring results required under 11.14(7)(c) or calculations no later than the 10th of the following month: (A) For combined filter effluent turbidity monitoring results, the supplier must submit the following information: (I) Number of combined filter effluent turbidity monitoring results recorded during the month.(II) Number and percentage of combined filter effluent turbidity monitoring results recorded during the month that were greater than (>) the 95th percentile turbidity limit specified in 11.8(2)(b).(III) The date and value of any combined filter effluent turbidity monitoring results collected during the month which were greater than (>) the maximum turbidity limit.(IV) The value of the highest combined filter effluent turbidity monitoring result during each four-hour period and day during the month.(B) For systems using membrane or reverse osmosis filtration, the supplier must submit a monthly report summarizing direct and indirect integrity tests as specified in 11.10(5)(j)(iii-iv).(C) For systems using chlorine dioxide, the calculated daily chlorine dioxide CT values as specified in 11.10(5)(m)(i) using Table 11.10-VI to determine the Cryptosporidium treatment log credit achieved by chlorine dioxide for the applicable water temperature.(D) For systems using ozone treatment, the calculated daily ozone CT values as specified in 11.10(5)(m)(i) and Table 11.10-VII to determine the Cryptosporidium treatment log credit achieved by the ozone treatment for the applicable water temperature.(E) For systems using UV reactors, the percent of water supplied to the public during the month that was treated by a UV disinfection process within validated operating conditions for the required UV dose.(F) For each entry point, the lowest daily residual disinfectant concentration result in mg/L.(G) For each disinfection pathogen critical control point, the supplier must report the lowest achieved log reduction for Cryptosporidium, Giardia lamblia, and viruses for each four-hour period and day during the month(H) For each entry point, the supplier must report the lowest total achieved log reduction for Cryptosporidium, Giardia lamblia, and viruses for each four-hour period and day during the month.(I) Action limit exceedances and corrective action taken within the approved timeframe.(J) Alert limit exceedances and corrective action taken within the approved timeframe.(iii) The supplier must submit all of the following documentation no later than the 10th of the following month: (A) Documentation that the individual filter effluent turbidity monitoring was conducted.(B) The date and duration of each period when the entry point residual disinfectant concentration fell below 0.2 mg/L and when the Department was notified of the occurrence.(C) For distribution system residual disinfectant concentration samples:(I) The number of sample results that were less than (<) 0.2 mg/L.(II) The percentage of sample results that were less than (<) 0.2 mg/L for each of the last two months.11.14(8)Treatment Technique Requirements for Chemical Reduction(a)Applicability for Treatment Technique Requirements for Chemical Reduction(i) For all public water systems that utilize direct potable reuse, the supplier must comply with the treatment technique requirements for chemical critical control points specified in this section, 11.14(8).(b)Treatment Technique Requirements for Chemical Reduction(i) The supplier must utilize chemical critical control points. At a minimum, the supplier must utilize the following: (A) An advanced oxidation process, combined with at least one of the following: (II) Two different critical control points consisting of an adsorption process (e.g. granular activated carbon) and an additional critical control point as approved by the Department.(ii) At each critical control point monitoring location for chemical reduction, the supplier must demonstrate that specified removal rates for Department-specified indicator compounds have been achieved.(A) The Department may require additional demonstration of adequate reduction of Department-specified chemicals present in treated wastewater in accordance with Department approval.(iii) The supplier must take the appropriate corrective action within a Department-approved timeframe when an alert limit or action limit is exceeded at a chemical critical control point.(iv) At the final critical control point monitoring location for chemical reduction, the supplier must determine if an alert limit or action limit exceedance for TOC has occurred. (A) The supplier may use UV254 in lieu of TOC for determining if an alert limit or action limit exceedance for TOC has occurred.(B) The TOC alert limit is the 75th percentile of recalcitrant TOC. (I) When an alert limit for TOC is exceeded, the supplier must initiate alert limit protocols in their direct potable reuse operations program to investigate the cause.(C) The TOC action limit is 1.5 times the 95th percentile of recalcitrant TOC. (I) When an action limit for TOC is exceeded, the supplier must initiate action limit protocols within 72 hours specified in their direct potable reuse operations plan to investigate the cause and complete necessary actions to resolve the situation.(c)Monitoring Requirements for Chemical Reduction(i) For systems that meet the applicability of this rule, the supplier must comply with the sampling requirements to determine compliance with the MCLs as specified in 11.18, 11.19, 11.21, 11.22.(ii) At each critical control point monitoring location for chemical reduction, the supplier must continuously monitor for the following and record the monitoring results at least every 15 minutes:(A) Critical control point monitoring identified in the supplier's written direct potable reuse operations plan.(B) Instantaneous flow rate.(iii) To determine compliance with the chemical reduction treatment technique requirements, the supplier must monitor the following:(A) The supplier must sample for one or more indicator compounds required in 11.14(5)(a)(i)(H) as approved by the Department at each critical control point monitoring location for chemical reduction each month for 12 consecutive months. (I) The Department may reduce the sampling frequency to once per quarter after the first year of operation.(B) Downstream of the final chemical critical control point, the supplier must monitor the TOC concentration at least every four hours.(I) The supplier must record the median TOC value during each month.(II) The supplier may monitor UV254 in lieu of TOC as approved by the Department.(d)Treatment Technique Violations for Chemical Reduction(i) The following constitute chemical reduction treatment technique violations:(A) The supplier exceeds an action limit for indicator compounds and has not completed corrective action at the critical control point within 90 days or by a Department-approved deadline.(B) The supplier does not achieve approved critical control point monitoring set points and has not completed corrective action at the critical control point within 90 days or by a Department-approved deadline.(C) Failure to initiate action limit protocols specified in the supplier's direct potable reuse operations plan to investigate the cause or complete necessary actions to resolve the recalcitrant TOC removal by a Department-approved deadline.(e)Response to Treatment Technique Violations for Chemical Reduction(i) In the event of a chemical reduction treatment technique violation as specified in 11.14(8)(d), the supplier must: (A) Notify the Department no later than 48 hours after the violation occurs.(B) Distribute Tier 2 public notice as specified in 11.33.(f)Reporting Requirements for Chemical Reduction(i) For chemical reduction monitoring results collected under 11.14(8)(c), the supplier must submit the following information no later than the 10th of the month following the end of each monitoring period: (A) Action limit exceedances and corrective action taken within the approved timeframe.(B) Alert limit exceedances and corrective action taken within the approved timeframe.38 CR 07, April 10, 2015, effective 4/30/201541 CR 11, June 10, 2018, effective 6/30/201841 CR 23, December 10, 2018, effective 12/30/201843 CR 07, April 10, 2020, effective 4/30/202043 CR 17, September 10, 2020, effective 9/30/202045 CR 24, December 25, 2022, effective 1/14/2023