5 Colo. Code Regs. § 1002-11.2

Current through Register Vol. 47, No. 20, October 25, 2024

Section 5 CCR 1002-11.2 - GENERAL REQUIREMENTS

11.2(1)Tampering

(a) "TAMPER" means to introduce a contaminant into a public water system or into drinking water or to otherwise interfere with drinking water or the operation of a public water system with the intention of harming people or public water systems. It does not include the standard accepted treatment procedures performed by the supplier in preparing water for human consumption.

(b) The supplier must notify the Department as soon as possible but no later than 10 a.m. of the next calendar day after any tampering, suspected tampering, or receipt of a tampering threat.

(c) The supplier must submit written notification to the Department no later than five calendar days after any tampering, suspected tampering, or receipt of a tampering threat explaining the circumstances of the occurrence and identifying the action(s) taken to ensure the ability of the supplier to provide a safe and reliable supply of drinking water and to prevent any reoccurrence.

11.2(2)Identification of Construction Materials

(a) For community water systems, the supplier must identify whether any of the following construction materials are present in the distribution system and report to the Department the existence of:

(i) Lead from piping, solder, caulking, interior lining of distribution mains, alloys, and home plumbing.

(ii) Copper from piping, alloys, service lines, and home plumbing.

(iii) Galvanized piping, service lines, and home plumbing.

(iv) Ferrous piping materials such as cast iron and steel.

(v) Asbestos cement pipe.

(b) For community water systems, the Department may require the supplier to identify and report the presence of other construction materials in the distribution system that may contribute contaminants to the drinking water (e.g., vinyl-lined asbestos cement pipe or coal tar-lined pipes and tanks).

11.2(3)Prohibition on the Use of Lead Pipes, Solder, and Flux

Any pipe, solder, or flux, which is used after June 19, 1986 in the installation or repair of any public water system, or any plumbing in residential or non-residential buildings providing water for human consumption that is connected to a public water system, must be lead free.

(a) This prohibition does not apply to leaded joints necessary for the repair of cast iron pipes.

11.2(4)Violations and Response for Monitoring and Sampling

(a) If the supplier fails to comply with any monitoring or sampling requirement of the Colorado Primary Drinking Water Regulations a monitoring violation occurs.

(b) In the event of a monitoring or sampling violation, the supplier must:

(i) Report the violation to the Department no later than 48 hours after the violation occurs.

(ii) Distribute Tier 3 public notice as specified in 11.33, unless otherwise specified.

11.2(5)Guidance Documents and Policy Documents

(a) The Department has developed guidance documents designed to assist suppliers with understanding the regulations and to explain the specific requirements the supplier must meet to maintain compliance.

(b) The Department has developed a number of internal policy documents designed to address special primacy requirements, which are defined in 40 CFR 142, in order to maintain primary enforcement responsibility in the state of Colorado, and therefore are not included in these regulations.

(c) While not regulatory in nature, these policies and guidance are public record and copies of the available guidance and policy documents may be obtained by requesting them from the Department at:

Colorado Department of Public Health and Environment Water Quality Control Division 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 (303) 692-3500

These documents may also be available on the Department's Internet website at the following address: www.colorado.gov/cdphe.

11.2(6)Materials Incorporated by Reference

(a) Date of Incorporation

(i) Throughout these regulations, requirements promulgated by the U.S. Environmental Protection Agency have been adopted and incorporated by reference. The federal references cited herein include only those versions that were in effect as of November 13, 2023, and not later amendments to the incorporated material.

(ii) All other materials incorporated by reference in the Colorado Primary Drinking Water Regulations include only those versions cited and not later amendments to incorporated material.

(b) Location of Materials Incorporated by Reference

(i) The requirements promulgated by the U.S. Environmental Protection Agency incorporated by reference are available at no cost in the online edition of the Code of Federal Regulations (CFR) hosted by the United States Government Printing Office, online at www.govinfo.gov.

(ii) All other materials incorporated by reference may be examined at any state publications depository library, the Laboratory Services Division of the Department, or the Department at:

Colorado Department of Public Health and Environment Water Quality Control Division 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 (303) 692-3500

(c) If the material incorporated by reference refers to other sections of the referenced document that conflict with current language of the Colorado Primary Drinking Water Regulations, the current language of the Colorado Primary Drinking Water Regulations takes precedence.

5 CCR 1002-11.2

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