5 Colo. Code Regs. § 1002-43.13

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

Section 5 CCR 1002-43.13 - Technology Review and Acceptance

A. OWTS technologies must either be public domain, including but not limited to rock and pipe distribution systems, sand filters with pressure distribution and mound systems, with criteria for design, installation, maintenance and use as described in this regulation, or proprietary products that have received Division review and acceptance before the local public health agency may permit them for use.

B. The Division must review and provide either comment or acceptance to the manufacturer for proprietary products in these technology categories:

1. Proprietary treatment products (e.g. treatment systems);

2. Propriety distribution products (e.g. manufactured distribution products or subsurface dripline);

3. Septic tanks;

4. Others as needed.

C. Product Acceptance Requirements - General:

1. To qualify for product acceptance, manufacturers desiring to sell or distribute proprietary products in Colorado must submit a completed application to the Division in the format provided by the Division and a report describing in detail the test procedures and data confirming the performance and properties of the product claimed by the manufacturer. Products within a single series or model line sharing distinct similarities in design, materials, capacities, configuration, and claiming the same level of treatment may be accepted under a single application. Products outside of the series or model line must be accepted under separate applications. The following information must be included in the application:

a. Manufacturer's name, mailing address, street address, and phone number;

b. Contact individual's name, mailing address, street address, phone number and email address. The contact individual must be vested with the authority to represent the manufacturer in the acceptance process;

c. Category of product (e.g., proprietary treatment product, proprietary distribution product, septic tank);

d. Name, including specific brand and model, of the proprietary product;

e. A description of the functions of the proprietary product, along with any known limitations on the use of the product;

f. Product description and technical information, including dimensioned drawings; materials and characteristics; component design specifications; and volumes, design capacity, and flow assumptions and calculations, as relevant;

g. Siting and installation requirements;

h. Product performance information in appropriate product section;

i. Detailed description, procedure and schedule of routine service and maintenance events;

j. Copies of manufacturer's literature to include sales and promotion, design, installation, operation and maintenance, and owner instructions; and

k. Identification of information subject to protection from disclosure and trade secrets, if any.

2. Upon receipt of an application, the Division must verify that the application is complete and meets the requirements for which the product is being evaluated. If the application is found to be complete, and the requirements of this section needed to accept the product are met, the Division will place the product on a list of accepted proprietary products for the type of product. Installation and use of accepted products must comply with the requirements noted on the acceptance document provided by the Division.

3. Manufacturers must have readily accessible and up to date information for designers, regulators, product owners, and other interested parties about their product including:

a. Product manuals;

b. Design instructions;

c. Installation instructions;

d. Operation and maintenance instructions; and

e. A list of representatives and manufacturer-certified service providers in Colorado, if any. If none exist, information on how service on the product will be provided in Colorado.

4. If, at any time after a proprietary product has been accepted for use, the Division receives information that the product so accepted does not meet the required standards, or in any way constitutes a public health or environmental hazard, the Division may, at its discretion, revoke the product acceptance. The Division shall notify the manufacturer and local public health agencies within 30 days of any revocation.

D. Proprietary Treatment Product Acceptance Requirements

1. If a proprietary treatment product is submitted to meet a specific treatment level, a report with test procedures and data must be submitted to the Division to demonstrate that it can meet the treatment level for which the approval is being requested on a consistent basis in actual installations. The Division must approve the test methods and programs. Test results from product certification testing must also be submitted.

2. If a product is accepted for a specific treatment level, the product may also be used for applications requiring lower treatment levels. Reductions based on higher level treatment may not be applied unless the local public health agency has a maintenance oversight program in place as described in section 43.14.D.

3. Field Performance Testing

a. Testing must be performed by a neutral third party.

b. Testing for residential applications must be performed on a minimum of 12 single-family homes under normal operating conditions unless otherwise noted below:

(1) If the proprietary treatment product is requesting TL2 acceptance and that product has received NSF/ANSI 40 (2013 or earlier version) certification, the number of home sites to be tested may be reduced to six. The NSF/ANSI 40 (2013 or earlier version) certification must be submitted if the reduced number of test sites is requested.

(2) If the proprietary treatment product is requesting TL2N acceptance and that product has received NSF/ANSI 245 (2013 or earlier version) certification, the number of home sites to be tested may be reduced to six. The NSF/ANSI 245 (2013 or earlier version) certification must be submitted if the reduced number of test sites is requested.

c. Each system must be tested over a period of at least one year.

d. Each system must be sampled at least four times during the year with the sampling evenly distributed throughout the year.

e. Laboratory results for all parameters for which acceptance is being requested must be submitted.

f. Testing may be performed in Colorado under a Product Development Permit.

g. Testing may be performed in locations other than Colorado. As part of the testing, the manufacturer must define, to the acceptance of the Division, what adjustments or modifications to the product will be required to compensate for the following conditions:

(1) Increased elevation results in lower atmospheric pressure and lower oxygen content. Adjustments or modifications to the treatment process may be required to compensate for these conditions and those adjustments or modifications must be specified.

(2) Winter season conditions in Colorado include cold temperatures that may affect product performance. Adjustments or modifications to the treatment process may be required to compensate for these conditions and those adjustments or modifications must be specified. This item must be addressed if nitrogen reductions are claimed.

h. The report conclusions must indicate the proprietary treatment unit can consistently be expected to meet the treatment level for which acceptance is being requested.

i. The report must include estimated operating costs for the first five years of the treatment system's life. This must include both estimated annual electricity or other energy costs, and routine inspection and maintenance costs, including replacement of parts.

(1) Energy and other costs are to be based on typical Denver, Colorado, costs at the time of the acceptance request.

(2) Replacement part costs must include shipping and handling.

(3) If media or other major part replacement is expected during the normal life of the system, the cost of replacement and the typical replacement interval must be included even if replacement is not expected within five years.

j. If a proprietary product had been previously accepted for use in Colorado under NSF/ANSI 40 (2013 or earlier version) or equivalent testing and at least one product unit had been installed in Colorado prior to June 30, 2013, the acceptance for use in Colorado may continue as treatment level 2. A request for this continued acceptance must be submitted to the Division on the forms provided by the Division. Documentation of a product installation must be provided.

E. Proprietary Distribution Product Acceptance Requirements

1. Proprietary manufactured distribution products must:

a. Be constructed or manufactured from materials that are non-decaying and non-deteriorating and do not leach chemicals when exposed to septic tank effluent and the subsurface soil environment;

b. For gravity distribution systems, the product must provide a liquid storage volume at least equal to the storage volume within the assumed 30 percent void space in a rock and pipe distribution system assuming six inches of rock below the pipe and two inches above the pipe;

c. Maintain the integrity of the trench or bed. The material used, by its nature and its manufacturer-prescribed installation procedures, must withstand the physical forces of the soil sidewalls, soil backfill and the weight of equipment used in the backfilling; and

d. If the width of a proprietary manufactured distribution product is within 90 percent of the width of the excavation, it may be approved as being equivalent to the full width of the excavation, if information is provided that demonstrates distribution over the full width. Thus, the product must cover at least 90 percent of the excavated area in either a trench or bed configuration in order to receive sizing adjustments provided in Table 10-3.

2. Chambers:

a. Include a sidewall that is structurally sound and capable of allowing aeration of the infiltrative surface and exfiltration of effluent while minimizing the intrusion of soil.

3. Enhanced manufactured media:

a. The product must be wrapped in a fabric that promotes movement of the effluent through the fabric and prevents intrusion of soil. Manufacturer must demonstrate that the product has been adequately tested and functions as intended.

b. For enhanced manufactured media that requires a specified layer of sand or other media to be placed below the actual product, the vertical separation requirements of this regulation will be determined from the base of the sand or other media, as the sand or media is an integral part of the component.

c. For products that allow for sand extensions beyond the actual manufactured component, the distance of sand allowed from the edge of the excavation to the manufactured component may be up to six inches in a trench system and 24 inches in a bed system.

d. If sand media is proposed by the manufacturer as an integral part of the distribution product, it must meet the size and uniformity specifications as noted by the manufacturer.

4. Other manufactured media:

a. In order to receive sizing adjustments provided in Table 10-3, the product must cover at least 90 percent of the excavated area in either a trench or bed configuration without the use of gravel, stone or other aggregate containing fines, which may compromise soil permeability.

5. Proprietary subsurface dripline products must:

a. Be warranted by the manufacturer for use with OWTS effluent;

b. Specify required treatment level of influent to the driplines;

c. Be designed for resistance to root intrusion; and

d. Incorporate emitters that may be controlled either by use of pressure-compensation emitters or with a pressure regulator.

F. Septic Tank Acceptance Requirements

1. Septic tank design must conform to the requirements of section 43.9.B. of this regulation.

2. Each manufacturer must annually test five percent of its tanks for watertightness at the manufacturing facility, unless the tanks are certified for use as a septic tank by the International Association of Plumbing and Mechanical Officials (IAPMO) or Canadian Standards Association (CSA), or the manufacturer participates in the Plant Certification Program of the National Precast Concrete Association (NPCA).

3. Watertightness results must be sent to the Division on an annual basis unless otherwise addressed in section 43.13.F.2 above. The manufacturer must provide information that specifies measures taken to repair a tank that fails the watertightness test. The manufacturer must also define the measures taken to prevent similar problems in future tanks.

4. IAPMO, CSA, and NPCA certifications must be submitted to the Division for acceptance. Current certifications must be submitted to the Division on an annual basis.

G. Other Product Acceptance Requirements

1. The Division may adopt review and acceptance requirements for additional products as needed.

5 CCR 1002-43.13

40 CR 11, June 10, 2017, effective 6/30/2017

41 CR 07, April 10, 2018, effective 4/30/2018