5 Colo. Code Regs. § 1002-11.42

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

Section 5 CCR 1002-11.42 - WHOLESALE, CONSECUTIVE, AND INTEGRATED SYSTEMS RULE

11.42(1)Definitions

"INTEGRATED SYSTEM" means a system that consists of a wholesale system and one or more consecutive system(s) with distribution systems that are physically connected, where the wholesaler has assumed responsibility for compliance with one or more of the regulatory requirements applicable to the supplier responsible for the consecutive system.

11.42(2)Wholesale Systems

For wholesale systems, the wholesaler is responsible for complying with all of the applicable requirements of the Colorado Primary Drinking Water Regulations up to the point where treated drinking water from the wholesale system enters a consecutive system.

(a) The wholesaler may, as specified in 11.42(4), accept responsibility for compliance with regulatory requirements that would otherwise apply to a consecutive system.

11.42(3)Consecutive Systems

(a)Monitoring and Reporting Requirements

(i) For consecutive systems, the supplier responsible for the consecutive system must comply with all applicable monitoring and reporting requirements of the Colorado Primary Drinking Water Regulations.

(A) If the consecutive system is a part of an integrated system, as specified in 11.42(4), the supplier responsible for the consecutive system is not required to comply with the monitoring and reporting requirements for which the wholesaler has assumed responsibility.

(b)Applicable MCLs and Other Requirements

(i) For consecutive systems, unless exempted from the monitoring requirements specified in 11.42(3)(a), the supplier responsible for the consecutive system must comply with all applicable MCLs and other requirements of the Colorado Primary Drinking Water Regulations.

(A) If the consecutive system is a part of an integrated system, as specified in 11.42(4), the supplier responsible for the consecutive system is not required to comply with the MCLs and other applicable requirements for which the wholesaler has assumed responsibility.

(ii) For consecutive systems, the supplier responsible for the consecutive system must, while not a requirement of these regulations, comply with the applicable requirements of Regulation 100, the Water and Wastewater Facility Operators Certification Requirements.

(A) If the consecutive system is a part of an integrated system, as specified in 11.42(4), the supplier responsible for the consecutive system is not required to comply with the requirements of Regulation 100 because the wholesaler assumes the responsibility. If the wholesaler assumes the responsibility for the requirements of Regulation 100, the wholesaler has therefore become the operator in responsible charge for the distribution system of the consecutive system.

11.42(4)Integrated Systems

(a) A wholesale system and one or more consecutive systems with distribution systems that are physically connected may choose to operate in a manner where the wholesaler assumes responsibility for compliance with one or more regulatory requirements applicable to the supplier responsible for the consecutive system, if the requirements of this section, 11.42(4), are met.

(b)Eligibility for Becoming an Integrated System

(i) Consecutive systems that receive finished water, through purchase or other means, from a wholesale system and that distribute only that water through a distribution system that the consecutive system owns are eligible for integrated system status with the wholesale system.

(ii) A consecutive system is not eligible for integrated system status if:

(A) The supplier responsible for the consecutive system provides any treatment other than disinfection; or

(B) The supplier responsible for the consecutive system is required to comply with additional or more stringent monitoring requirements or MCLs than the wholesaler.

(iii) An integrated system may be established by the wholesaler in cooperation with the supplier(s) responsible for the participating consecutive system(s) with Department approval.

(A) The wholesaler must establish requirements for the supplier(s) responsible for the participating consecutive system(s) in a contract, memorandum of agreement, or other enforceable mechanism.

(B) The decision to accept a consecutive system in the integrated system is at the discretion of the wholesaler with Department approval, except where required under Colorado law, and cannot be appealed.

(c)Application Requirements for Integrated System Approval

(i) To establish an integrated system, the suppliers must submit a joint application for Department approval that includes all of the following information:

(A) For the wholesale system and each consecutive system that intends to participate:

(I) The contact person, mailing address, and phone number.

(II) The number of people supplied by the system.

(B) Each regulatory requirement for which the integrated system is being created.

(C) Whether the consecutive system(s) provides disinfection.

(D) A map showing the distribution systems of the wholesale system and each consecutive system including the following elements: meters, lines 16 inches in diameter or larger, pump stations, storage tanks, and finished water reservoirs.

(E) A sampling plan for each regulatory requirement that the integrated system is assuming responsibility for.

(I) The sampling plan must meet all requirements specified in 11.5 and identify the responsibilities of each party.

(F) A copy of the agreement between the wholesaler and the supplier(s) responsible for the consecutive system(s) that includes the common set of operation and maintenance standards that the wholesaler has established for each regulatory requirement covered by the integrated system.

(G) A statement that clearly assigns legal responsibility for compliance with each regulatory requirement to the supplier of one of the participating systems in the integrated system.

(d)Integrated System Approval and Modification

(i) If an application submitted to the Department is incomplete, the Department shall advise the supplier(s) of items needed to complete the application no later than 90 days after receiving the application.

(ii) No later than 150 days after receiving a complete application, the Department shall approve or deny the application for an integrated system and provide a rationale for the action taken.

(A) If the Department denies the request for a new or modified integrated system, the supplier(s) may contest the denial by requesting a hearing.

(I) Requests for a hearing must:

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

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

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

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

(iii) If an integrated system proposes adding a new consecutive system to the integrated system, the wholesaler and supplier responsible for the new consecutive system must provide 30 days notice to the Department before the agreement goes into effect.

(A) The notice must be signed by the wholesaler and the supplier responsible for the consecutive system.

(B) The notice must include a revised sampling plan(s) and map consistent with the requirements specified in 11.42(4)(c).

(C) The addition of the new consecutive system shall be automatically approved, unless the Department notifies the wholesaler of specific concerns with the revised sampling plan(s) no later than 45 days after receiving the proposal.

(iv) Until an integrated system is approved, the supplier responsible for each consecutive system is responsible for compliance with all regulatory requirements as specified in 11.42(2) and 11.42(3).

(e)Removal of a Consecutive System from the Integrated System

(i) The wholesaler may remove a consecutive system from the integrated system if the supplier responsible for the consecutive system and the Department are given at least 30 days notice before the removal goes into effect.

(A) The notice must include the cause for the removal of the consecutive system from the integrated system.

(B) Within the 30-day period, the Department may, through written notice to the wholesaler, intervene in an attempt to resolve the issue(s) between the two systems.

(I) If the Department intervenes, the 30-day notice period to remove the consecutive system shall be extended to 90 days.

(ii) The Department shall notify the wholesaler of any deficiencies, regulatory or otherwise, that are identified in the sanitary survey for the distribution system of a consecutive system.

(f)Separation of a Consecutive System from an Integrated System

If the supplier responsible for the consecutive system voluntarily separates from an integrated system, the supplier responsible for the consecutive system must immediately notify the Department of the date of separation and the regulatory requirement(s) for which the consecutive system reassumes responsibility.

(g)Dissolution of an Integrated System

(i) The Department may revoke the approval of an integrated system after providing 30 days notice to the wholesaler and the supplier(s) responsible for any affected consecutive system(s).

(A) If the Department revokes the approval of an integrated system, the supplier(s) may request a hearing to contest the revocation. Upon appeal, the supplier(s) may request the Department to grant a stay until the administrative decision is rendered on the appeal.

(I) Requests for a hearing must:

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

(b) State the grounds on which the revocation is being contested.

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

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

5 CCR 1002-11.42

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