5 Colo. Code Regs. § 1002-64.17
Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-64.17 - RECORDKEEPING AND REPORTINGA.Recordkeeping.(1) Biosolids preparers shall develop the following information and shall retain the following information for a period of no less than five years. Such information shall be made available to any representative of the Division upon request.(a) Documentation demonstrating compliance with the appropriate pathogen destruction criteria contained in section 64.12(B) of this regulation.(b) Documentation demonstrating compliance with the appropriate vector attraction reduction criteria contained in section 64.12 of this regulation. In instances where the biosolids preparer is not the biosolids applier, and the appropriate vector attraction reduction criteria are those which appear in sections 64.12 through 64.12 , such documentation shall be in the form of a certification statement as described in subsections 64.17 of this section obtained from the biosolids applier.(c) In instances where the biosolids preparer is not the biosolids applier, documentation that the applier has been provided information necessary to comply with the requirements of these regulations.(d) The results of any biosolids analyses performed pursuant to the requirements of sections 64.16(A) and (C) of these regulations.(e) The results of any soils analyses performed pursuant to the requirements of sections 64.16 (B) and (C) of these regulations.(f) The results of any additional monitoring performed as specified in the Notice of Authorization for the Use and Distribution of Biosolids.(2) The biosolids applier shall develop the following information and shall retain the following information for a period of no less than five years. Such information shall be made available to any representative of the Division upon request. (a) Documentation demonstrating compliance with the appropriate pathogen destruction criteria contained in section 64.12 of these regulations. Such documentation shall be in the form of a certification statement as described in subsection 64.17 of this section obtained from the biosolids preparer.(b) Documentation demonstrating compliance with the appropriate vector attraction reduction criteria contained in section 64.12 of these regulations. In instances where the biosolids preparer is not the biosolids applier, and the appropriate vector attraction reduction criteria are those which appear in sections 64.12 such documentation shall be in the form of a certification statement as described in subsection 64.17 of this section obtained from the biosolids preparer.(c) The results of any biosolids analyses performed pursuant to the requirements of sections 64.16 of these regulations. Results shall include citation referencing the analytical procedures utilized.(d) The results of any soils analyses performed pursuant to the requirements of sections 64.16 of these regulations. Results shall include citation referencing the analytical procedures utilized.(e) The results of any additional monitoring performed as specified in the Notice of Authorization for the Use and Distribution of Biosolids.B.Annual Report Submittal.(1) Biosolids preparers shall submit to the Division an annual Self-Monitoring Report. The Self-Monitoring Report shall include the following items: (a) Documentation demonstrating compliance with the appropriate pathogen destruction criteria contained in section 64.12(B) of these regulations.(b) Documentation demonstrating compliance with the appropriate vector attraction reduction criteria contained in section 64.12(C) of these regulations.(c) The results of any biosolids analyses performed pursuant to the requirements of sections 64.16(A) and (C) of these regulations.(d) The results of any soils analyses performed pursuant to the requirements of sections 64.16(B) and(C) of these regulations.(e) The results of any additional monitoring performed as specified in the Notice of Authorization for the Use and Distribution of Biosolids.(f) The total amount and disposition of biosolids produced during the preceding calendar year, including the amount of biosolids applied to each agricultural and/or disturbed land site issued a Notice of Authorization for the Use and Distribution of Biosolids.(g) Certification statement(s) required per section 64.17 of these regulations as appropriate for the use and/or distribution option(s) practiced.(2) The biosolids applier shall submit to the Division an annual Self-Monitoring Report. The annual Self-Monitoring Report shall include the following items: (a) Documentation demonstrating compliance with the appropriate biosolids vector attraction reduction criteria contained in section 64.12 of these regulations when the appropriate criteria are those contained in section 64.12(C)(11) through 64.12(C)(13).(b) The results of any biosolids analyses performed pursuant to the requirements of sections 64.16(A) and (C) of these regulations.(c) The results of any soils analyses performed pursuant to the requirements of sections 64.16(B) and (C) of these regulations.(d) The results of any additional monitoring performed as specified in the Notice of Authorization for the Use and Distribution of Biosolids.(e) The total amount and disposition of biosolids applied during the preceding twelve months, including the date biosolids are applied to each agricultural and/or disturbed land site issued a Notice of Authorization for the Use and Distribution of Biosolids, amount of biosolids applied to each agricultural and/or disturbed land site issued a Notice of Authorization for the Use and Distribution of Biosolids, and the cumulative amount of those pollutants identified in section 64.12 , Table 1 and Table 3, of these regulations applied to each agricultural and/or disturbed land site issued a Notice of Authorization for the Use and Distribution of Biosolids.(f) For sites authorized for long-term storage, information demonstrating compliance with section 64.13 of this regulation.(g) A list of authorized sites and a description of the status of each, including the most recent date of biosolids application.(h) Certification statement(s) required per section 64.17 of these regulations as appropriate for the use and/or distribution option(s) practiced.(3) Self-Monitoring Reports shall be submitted to the Division so that they are received by February 19th of each year. The Self-Monitoring Report for all items identified in subsections (1) and (2) of this section, shall include the results for the period from January 1 through December 31 of the preceding year.C.Certification.(1) Persons who prepare biosolids which are distributed to the public shall include one of the following certification statements, as appropriate, with the Self-Monitoring Report: (a) "I certify, under penalty of law, that the Table 3 metals based requirements in section 64.12 , the appropriate Class A pathogen destruction requirements in sections 64.12 through 64.12 , and the appropriate vector attraction reduction requirements in sections 64.12 through 64.12 have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen destruction requirements and biosolids stability requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.", or(b) "I certify, under penalty of law, that the Table 1 metals based requirements in section 64.12 , the appropriate Class A pathogen destruction requirements in sections 64.12 through 64.12 , the appropriate vector attraction reduction requirements in sections 64.12 through 64.12 , and the notification requirements in section 64.14 have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen destruction requirements and biosolids stability requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."(2) Persons who prepare biosolids which are applied to agricultural land or to disturbed land for reclamation, and who apply the biosolids which are produced, shall include the following certification statement with the Self-Monitoring Report: "I certify, under penalty of law, that the Table 1 metals based requirements in section 64.12 ; the appropriate Class A pathogen destruction requirements in sections 64.12 through 64.12 , or the appropriate Class B pathogen destruction requirements in sections 64.12 ; the appropriate biosolids stability requirements in sections 64.12 through 64.12 , and the appropriate management practices in sections 64.13 , 64.15 , and 64.16 have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."
(3) Persons who prepare biosolids which are applied to agricultural land or to disturbed land for reclamation, and who do not apply the biosolids which are produced, shall include the following certification statement with the Self-Monitoring Report: "I certify, under penalty of law, that the Table 1 metals based requirements in section 64.12 ; the appropriate Class A pathogen destruction requirements in sections 64.12 through 64.12 , or the appropriate Class B pathogen destruction requirements in sections 64.12 ; and the appropriate biosolids stability requirements in sections 64.12 through 64.12 , if utilized, have been met. I further certify that the applier has been provided notice of and necessary information to comply with the requirements of the Biosolids Regulation, and specifically with the appropriate biosolids stability requirements in sections 64.12 , if utilized, and the appropriate management practices in sections 64.13 , 64.15 , and 64.16. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."
(4) Persons who apply biosolids to agricultural land or to disturbed land for reclamation, when not the persons who prepare biosolids, shall include the following certification statement with the Self-Monitoring Report: "I certify, under penalty of law, that the biosolids stability requirements in sections 64.12 through 64.12 , and, as necessary, the appropriate management practices in sections 64.13 , 64.15 , and 64.16 have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."
44 CR 17, September 10, 2021, effective 9/30/2021