5 Colo. Code Regs. § 1002-11.4

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

Section 5 CCR 1002-11.4 - PLANS APPROVAL FOR THE LOCATION AND CONSTRUCTION OF WATERWORKS

11.4(1) Prior Approval Requirements

(a) For new community or non-transient, non-community water systems, the supplier must not begin construction of the new water system until the supplier completes and receives Department approval of a capacity (technical, managerial and financial) assessment using the criteria found in the New Public Water System Capacity Planning Manual.

(b) For all public water systems, the supplier must not begin construction of any new waterworks, make improvements to or modify existing waterworks, or begin using a new source until the supplier submits and receives Department approval of plans and specifications for such construction, improvements, modifications, or use.

(i) "BEGIN CONSTRUCTION" means initiation of the physical effort to construct a project, excluding engineering, architectural, legal, fiscal and economic investigations, studies, and completion of plans and specifications, and surveys. Physical effort includes, but is not limited to, site clearance, excavation, construction, or the establishment of an office or construction building on site.

(ii) "NEW WATERWORKS" means:

(A) Any newly constructed public water system; or

(B) An existing system that becomes, by definition, a public water system by extending its infrastructure through physical expansion by virtue of increasing the number of connections, the number of individuals served, or by extending the number of days of service.

(iii) For community water systems, a Professional Engineer registered in the State of Colorado must design all treatment systems.

(iv) Decisions regarding the review and approval of plans and specifications for new waterworks or improvements or modifications to existing waterworks shall be based on conformance to the design criteria developed by the Department specified in Policy DW-005, State of Colorado Design Criteria for Potable Water Systems.

(v) The Department shall grant approval upon finding that the proposed facilities conform to the design criteria specified in Policy DW-005, State of Colorado Design Criteria for Potable Water Systems, and are capable of continuously complying with all applicable laws, standards, rules and regulations.

11.4(2)Siting Requirements

Waterworks must avoid being located at a site which:

(a) Is subject to a significant risk from earthquakes, floods, fires or other disasters which could cause a breakdown of the public water system or a portion of the public water system; or

(b) Is within the floodplain of a 100-year flood, except for intake structures.¹

(i) The Department shall not seek to override land use decisions affecting public water systems siting which are made at the local government level.

¹ Records of the 100-year projections are available at the office of the Colorado Water Conservation Board, 1313 Sherman Street, Denver, Colorado 80203.

11.4(3)Department Review Procedures

(a) No later than 45 days after receiving a request for approval of a complete set of final plans and specifications for new waterworks or improvements or modifications to existing waterworks, the Department shall review the submitted documents and provide one of the following decisions in writing regarding the plans and specifications:

(i) Approval.

(ii) Conditional approval.

(A) If the supplier refuses to accept any conditions of a conditional approval, it constitutes a denial.

(iii) Denial, including the reason for the denial.

(iv) To place the review on hold and include a list of items which must be addressed by the responsible party before further action by the Department regarding review and approval.

(b) Approval of plans and specifications for new waterworks or improvements or modifications to existing waterworks expires one year from the date of written approval if the supplier has not begun construction.

(i) For expired approvals, if the supplier resubmits the previously approved plans and specifications to the Department for review and approval, the Department may reinstate an expired approval.

11.4(4)Procedures Upon Denial

If the Department denies approval of plans and specifications for new waterworks or improvements or modifications to existing waterworks, or if the supplier refuses to accept any conditions of a conditional approval, the supplier may request a hearing to contest the denial.

(a) Requests for a hearing must:

(i) Be filed in writing with the Department no later than 30 days after service of the statement of denial.

(ii) State the grounds on which the denial is being contested.

(iii) State the amount of time the supplier estimates will be required for the hearing.

(b) The hearing regarding the denial shall be held in accordance with applicable provisions of Article 4 of Title 24, Colorado Revised Statutes.

5 CCR 1002-11.4

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