5 Colo. Code Regs. § 1002-11.28

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

Section 5 CCR 1002-11.28 - STORAGE TANK RULE

11.28(1)Applicability and Definitions

(a) All public water systems that use finished water storage tanks must comply with the requirements specified in this rule..

(b) "COMPREHENSIVE INSPECTION" means an internal and external storage tank inspection to identify sanitary defects that covers all aspects of the condition of the storage tank including but not limited to sanitary, structural, and coating systems conditions, as well as security and safety concerns.

(c) "FINISHED WATER STORAGE TANK" means a tank or vessel owned by the supplier that is located downstream of the entry point and is not pressurized at the air water interface. Pressurized storage tanks are not included in the definition of finished water storage tanks.

(d) "PERIODIC INSPECTION" means a visual external storage tank inspection that is typically performed by the supplier to identify evident sanitary defects (e.g., lack of screens on vents).

11.28(2)Written Plan for Finished Water Storage Tank Inspections Requirements

(a) The supplier must develop and maintain a written plan for finished water storage tank inspections which must include all of the following:

(i) An inventory of finished water storage tank(s) including all of the following information for each finished water storage tank:

(A) Tank type and construction materials (e.g., elevated, buried, etc.).

(B) Volume in gallons.

(C) Approximate dimensions.

(D) Location.

(E) Number of inlets, outlets, overflows, hatches, and vents.

(F) Coating systems.

(G) Date put in service.

(H) Rehabilitation and major maintenance history.

(ii) The methods for performing and documenting periodic and comprehensive inspections for each finished water storage tank including identification of qualified personnel to perform periodic and comprehensive inspections.

(iii) The schedule for performing periodic and comprehensive inspections for each finished water storage tank. The supplier may conduct inspections more frequently than the minimum requirements listed below.

(A) Periodic inspections of each finished water storage tank must be performed at least twice each calendar year.

I. For systems operating year-round, in order for a periodic inspection to be considered as applying toward the minimum number of two per year, the periodic inspections must be separated by at least two (2) calendar months but not more than eight (8) calendar months on a continuous year-to-year basis.

II. For seasonal systems, a periodic inspection must be completed during Department-approved start-up procedures as specified in 11.16(6)(a) and at least once while serving water to the public. There must be at least 30 days between the first inspection at start-up and the last periodic inspection within a calendar year.

(B) Comprehensive inspections of each finished water storage tank must be scheduled and performed at least every five calendar years or on an alternative schedule.

(C) If the supplier schedules periodic or comprehensive inspections on an alternative schedule, the supplier must provide justification for the alternative schedule in the written plan for finished water storage tank inspections. The justification for the alternative schedule must be acceptable to the Department.

(iv) The timelines for correcting typical storage tank sanitary defects that the supplier will use to develop corrective action schedules. The supplier must at least address timelines for the following typical sanitary defects: improper screening or protection on vents and overflows, inadequate hatches, and unprotected openings.

(b) The written plan for finished water storage tank inspections is subject to Department review and revision.

11.28(3)Treatment Technique Requirements for Storage Tanks

(a) The supplier is prohibited from using uncovered finished water storage tanks.

(i) "UNCOVERED FINISHED WATER STORAGE TANK" means a tank, reservoir, or other facility used to store water that will undergo no further treatment except residual disinfection and that is open to the atmosphere.

(b) The supplier must operate and maintain finished water storage tanks so that they are free of sanitary defects.

(c) The supplier must perform periodic inspections of each finished water storage tank.

(d) The supplier must perform comprehensive inspections of each finished water storage tank. If a third party (e.g. diving company) performs a storage tank inspection, the supplier must interpret the inspection observations and properly identify sanitary defects.

(e) The supplier must implement the written plan for finished water storage tank inspections.

(f) If any sanitary defects are identified during a periodic or comprehensive inspection, the supplier must develop and implement a corrective action schedule for correcting each sanitary defect.

(g) The supplier must develop an inspection summary no later than 60 days after each completed inspection that includes all of the following information:

(i) The date and type of inspection performed.

(ii) Inspection findings and tank conditions.

(iii) Any sanitary defects identified during the inspection.

(iv) If sanitary defects are identified, the corrective action schedule for correcting sanitary defects.

(v) If sanitary defects are identified, the corrective actions completed and the associated completion dates.

11.28(4)Violations of the Storage Tank Rule

(a) If the supplier fails to develop or maintain an acceptable written plan for finished water storage tank inspections, a storage tank rule violation occurs.

(b) If the supplier fails to perform or document the minimum number of periodic inspections, a storage tank rule violation occurs.

(c) Per Section 11.35 , violations of the storage tank rule must be reported to the Division within 48 hours of the supplier becoming aware of them. The following constitute treatment technique violations:

(i) The supplier uses an uncovered finished water storage tank.

(ii) The supplier fails to perform or document at least one periodic inspection in a twelve month period.

(iii) The supplier fails to perform or document comprehensive inspections.

(iv) The supplier fails to implement the written plan for finished water storage tank inspections.

(v) The supplier fails to complete or document corrective action or follow a corrective action schedule for any sanitary defects identified during a periodic or comprehensive inspection.

11.28(5)Response to Violations of the Storage Tank Rule

(a) In the event of a storage tank rule violation, the supplier must:

(i) Notify the department no later than 48 hours after the violation occurs.

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

(b) In the event of a treatment technique violation, the supplier must:

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

(ii) Distribute Tier 2 public notice as specified in 11.33.

5 CCR 1002-11.28

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