5 Colo. Code Regs. § 1002-11.38

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

Section 5 CCR 1002-11.38 - SANITARY SURVEY RULE

11.38(1)Applicability and Definitions

(a) For all public water systems, the supplier must comply with the requirements specified in this rule.

(b) "SANITARY SURVEY" means an onsite review of a system's adequacy in producing and distributing safe drinking water. The review will include, but is not limited to, all of the following eight components and the related operation and maintenance practices of each:

(i) Source.

(ii) Treatment.

(iii) Distribution system.

(iv) Finished water storage.

(v) Pumps, pump facilities, and controls.

(vi) Monitoring, reporting, and data verification.

(vii) System management and operation.

(viii) Supplier compliance with all requirements of the Colorado Primary Drinking Water Regulations, Regulation 100, Water and Wastewater Facility Operators Certification Requirements, and any other Department-mandated requirements.

11.38(2)Sanitary Survey Requirements

(a) Sanitary surveys must be performed by the Department or by a Department-approved third party.

(b) The supplier must ensure that sanitary surveys are performed at the following frequencies:

(i) For non-community water systems, at least every five years.

(ii) For community water systems, at least every three years.

(A) The Department may reduce the frequency of sanitary surveys to no less frequently than every five years if the supplier meets all of the following:

(I) Provides 4-log treatment of viruses for all sources.

(II) Has an outstanding performance record, as determined by the Department and documented in previous sanitary surveys.

(III) Has had no total coliform MCL violations or total coliform monitoring violations since the last sanitary survey.

(c) At the Department's request, the supplier must provide the Department with any information that will enable the Department or Department-approved third party to conduct a sanitary survey.

11.38(3)Requirements for Corrective Action for Significant Deficiencies (TreatmentTechnique Requirement) or Violations Identified During a Sanitary Survey

(a) If a significant deficiency or violation is identified during a sanitary survey, the supplier must implement corrective action as specified in this section, 11.38(3).

(i) For groundwater systems with significant deficiencies, the supplier must implement one or more of the following corrective actions:

(A) Correct all significant deficiencies.

(B) Provide an alternative source of water.

(C) Eliminate the source of contamination.

(D) Provide treatment that reliably achieves at least 4-log treatment of viruses at the Department-approved location for the groundwater source.

(ii) For groundwater systems with significant deficiencies, the Department may specify which corrective action specified in 11.38(3)(a)(i)(A-D) that the supplier must implement.

(iii) The supplier must implement corrective action as approved by the Department for:

(A) Surface water systems with significant deficiencies; and

(B) All systems with violations.

(b) The Department may specify interim measures, at any time, pending completion of corrective action to protect public health.

(c) No later than 30 days after receiving written notice of significant deficiencies and/or violations, the supplier must consult with the Department regarding the appropriate corrective action and schedule, unless the Department specifies which corrective action the supplier must implement.

(d) No later than 45 days after receiving written notice of significant deficiencies and/or violations, the supplier must submit a written corrective action plan to the Department for approval.

(i) The corrective action plan must include the actions the supplier will take to address the significant deficiencies and/or violations and a proposed schedule for completing the actions.

(e) Any changes the supplier makes to a Department-approved corrective action plan and schedule must be approved by the Department.

(f) No later than 120 days, or earlier if required by the Department, after receiving written notice of significant deficiencies and/or violations the supplier must either:

(i) Have completed the Department-approved corrective action plan including any Department-specified interim measures; or

(ii) Be in compliance with the Department-approved corrective action plan and schedule including any Department-specified interim measures.

(g) No later than 30 days after completing any corrective action under 11.38(3), the supplier must notify the Department of the completed corrective action.

11.38(4)Treatment Technique Violation and Response for Corrective Action

(a) If the supplier fails to comply with the requirements specified in 11.38(3) for a significant deficiency, a corrective action treatment technique violation occurs.

(b) In the event of a corrective action 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.

11.38(5)Special Public Notice Requirements

(a) For non-community groundwater systems, if the supplier fails to complete corrective action for significant deficiencies, under 11.38(3), within one year of receiving written notice of significant deficiency, or earlier if required by the Department, the supplier must distribute special public notice to inform consumers of the uncorrected significant deficiency.

(i) The special public notice must include all of the following:

(A) The nature of the significant deficiency and the date the significant deficiency was identified by the Department.

(B) The Department-approved plan and schedule for corrective action, including interim measures, progress to date, and any interim measures completed.

(C) For systems supplying a large proportion of non-English speaking consumers, as determined by the Department, the supplier must include one or more of the following:

(I) Information in the appropriate language(s) regarding the importance of the special public notice.

(II) A telephone number or address where the consumer may contact the supplier to obtain a translated copy of the special public notice or request assistance in the appropriate language.

(ii) The supplier must redistribute the special public notice annually until the significant deficiency is corrected.

(b) For non-community water systems with significant deficiencies that have been corrected, if required by the Department, the supplier must distribute special public notice to inform consumers of the significant deficiencies, how the deficiencies were corrected, and the dates of correction.

5 CCR 1002-11.38

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