5 Colo. Code Regs. § 1002-84.10

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

Section 5 CCR 1002-84.10 - AUTHORIZED RECLAIMED WATER USES AND IMPLEMENTATION REQUIREMENTS

Table A: Authorized Uses of Reclaimed Water

Authorized Uses	Category 1	Category 2	Category 3	Implementation Requirements
INDUSTRIAL
Evaporative Industrial Processes	Allowed	Allowed	Allowed	84.10(A) and 84.10(B)(1)
Non-Discharging Construction and Road Maintenance	Allowed	Allowed	Allowed	84.10(A) and 84.10(B)(2)
Non-Evaporative Industrial Processes	Allowed	Allowed	Allowed	84.10(A) and 84.10(B)(3)
Oil and Gas Operations	Not Allowed	Allowed	Allowed	84.10(A) and 84.10(B)(4)
Washwater Applications	Not Allowed	Allowed	Allowed	84.10(A) and 84.910(B)(5)
LANDSCAPE IRRIGATION
Restricted Access	Allowed	Allowed	Allowed	84.10(A) and 84.10(B)(6)
Unrestricted Access	Not Allowed	Allowed	Allowed	84.10(A) and 84.10(B)(7)
Resident-Controlled	Not Allowed	Not Allowed	Allowed	84.10(A) and 84.10(B)(8)
COMMERCIAL
Zoo Operations	Allowed	Allowed	Allowed	84.10(A) and 84.10(B)(9)
Commercial Laundries	Not Allowed	Allowed	Allowed	84.910(A) and 84.10(B)(10)
Automated Vehicle Washing and Manual Non-Public Vehicle Washing	Not Allowed	Allowed	Allowed	84.10(A) and 84.10(B)(11)
FIRE PROTECTION
Nonresidential Fire Protection	Not Allowed	Allowed	Allowed	84.10(A) and 84.10(B)(12)
Residential Fire Protection	Not Allowed	Not Allowed	Allowed	84.10(A) and 84.10(B)(12)
AGRICULTURAL IRRIGATION
Non-Food Crop Irrigation and Silviculture	Allowed	Allowed	Allowed	84.10(A) and 84.10(B)(13)
Commercial Food Crop Growing Operation	Not Allowed	Allowed	Allowed	84.10(A) and 84.10(B)(14)
Non-Commercial Food Crop Growing Operation	Not Allowed	Not Allowed	Allowed (Category 3 Plus)	84.10(A) and 84.10(B)(15)
Resident-Controlled Food Crop Irrigation	Not Allowed	Not Allowed	Allowed (Category 3 Plus)	84.10(A) and 84.10(B)(16)
Non-Edible Hemp Irrigation	Allowed	Allowed	Allowed	84.10(A) and 84.10(B)(17)
Edible Hemp Irrigation	Not Allowed	Not Allowed	Allowed (Category 3 Plus)	84.10(A) and 84.10(B)(17)
TOILET AND URINAL FLUSHING	Not Allowed	Not Allowed	Allowed (Category 3 Plus)	84.10(A) and 84.10(B)(18)

(A) Implementation Requirements. Implementation Requirements for All Authorized Reclaimed Water Uses

(1)Cross Connection Control. Sites that supplement reclaimed water with potable and other non-potable water sources must be in compliance with the requirements in the Treater's cross connection control program as per sections 84.6(F)(12) and 84.6(F)(13).

(2)Labeling of Conveyances and Appurtenances. If the use of reclaimed water is subject to Colorado's Plumbing Rules and Regulations (3 CCR 720-1), Users and Treaters must comply with the labeling requirements included therein, and this must be clarified in the UASMP. If the use of reclaimed water is not subject to Colorado's Plumbing Rules and Regulations, then water piping, conveyances and appurtenances that deliver reclaimed water shall be purple in color or the piping shall be installed with a purple identification tape or wrap the entire length of the piping and shall be embossed, or integrally stamped or marked, with the words: "NONPOTABLE RECLAIMED WATER - NOT FOR DRINKING or DO NOT DRINK". The requirements of 84.10(A)(2) shall not apply to existing underground irrigation and other piping and infrastructure that is not visible to the public. The Division has authority to require additional labeling requirements, or alternative labeling requirements contingent upon authorized uses of reclaimed water, accessibility, and public exposure in the UASMP and the User Authorization.

(a) The requirements in section 84.10 must be met two (2) years after the effective date of this regulation for User and Treater Authorizations with effective dates before the effective date of this regulation. Users and Treaters that apply for Authorizations on or after the effective date of this regulation must comply with this requirement immediately.

(3)Education and Training. All Users, Site Managers and Management Users must participate in the Treater's annual education and training program as required in section 84.6 . The Division has authority to require additional education and training requirements in the UASMP and the User Authorization contingent upon authorized uses of reclaimed water, accessibility, and public exposure, and as applicable public and environmental health information comes available.

(4)Signage Requirements. Signage is required to ensure the public and Users are informed that non-potable water is in use and that it is not for drinking. If the use of reclaimed water is subject to Colorado's Plumbing Rules and Regulations (3 CCR 720-1), Users and Treaters must comply with the signage requirements included therein, and this must be clarified in the UASMP. If the use of reclaimed water is not subject to Colorado's Plumbing Rules and Regulations, the signage requirements set forth herein are required. The Division has authority to require additional signage requirements contingent upon authorized uses of reclaimed water, accessibility, and public exposure in the UASMP and the User Authorization.

(a) Signage shall read as follows: "NON-POTABLE RECLAIMED WATER IN USE-NOT FOR DRINKING or DO NOT DRINK."

(b) Where plumbing is accessible, a sign that meets 84.10 and indicates that maintenance and modifications can only be done by trained personnel. Separate signs are allowed.

(c) Impoundments that contain reclaimed water must have at least one sign that meets 84.10(A)(4) unless the impoundment is restricted to the general public and is only accessible by trained personnel.

(d) Signage must be visible and in the appropriate language to be understood by the majority of the Users and/or Site Visitors.

(e) The requirements in section 84.10(A)(4) must be met two (2) years after the effective date of this regulation for User and Treater Authorizations with effective dates before the effective date of this regulation. Users and Treaters that apply for Authorizations on or after the effective date of this regulation must comply with this requirement immediately.

(5)Reclaimed Water Use Areas. Use of reclaimed water shall be confined to the authorized use areas, operations or processes, and precautions shall be taken to ensure reclaimed water will not be sprayed or enter into any area not designated for application such as drinking water facilities and areas where food is being prepared.

(6)Leak Repair. Leaks in plumbing, fixtures, equipment, sprinkler systems (indoor fire and outdoor), hoses, hose bibs and any other mechanism where reclaimed water is used or transmitted must be repaired immediately. If the leak cannot be repaired immediately, leak repair must be scheduled, and reclaimed water use must be discontinued until repairs can be made. Spills require reporting in accordance with § 25-8-601(2) CRS.

(7)Reclaimed Water Disposal. Disposal of reclaimed water from any storage, conveyance or other source whereby reclaimed water was used shall be done in such a manner that does not create a point source discharge requiring a NPDES or CDPS permit or does not create a spill that would require reporting in accordance with § 25-8-601(2) CRS.

(8)Operation of the Reclaimed Water Onsite Distribution or Irrigation System. Operation of the reclaimed water onsite distribution or irrigation system, including valves, outlets, couplers, and sprinkler heads, and residential, commercial or industrial facilities and equipment utilizing reclaimed water, shall be performed only by personnel authorized by the User and trained in accordance with the Treater's education and training program per section 84.6 and the requirements in section 84.10 and applicable sections in 84.10(B).

(9)Vehicle and Tank Hauling. Vehicles and tank trailers used to haul reclaimed water must comply with the requirements in section 84.10(B)(4)(e).

(10) Users must submit the UASMP to the Treater to be reviewed and signed by the Treater prior to the Treater submitting it to the Division.

(11) Users must maintain an accurate UASMP onsite or in an easily accessible location.

(12) Users must report violations in accordance with section 84.11(C).

(13) Users shall furnish to the Division, within sixty days, any information which the Division may request to determine whether cause exists for modifying, revoking and reissuing the User Authorization, or to determine compliance with this regulation or the applicable User Authorization.

(14) Users that own or operate impoundments containing reclaimed water must do one of the following:

(a) Be authorized to discharge under a CDPS permit or

(b) Have received a waiver based on the seepage rate pursuant to section 61.14(9)(a)

(c) Comply with the Land Application Discharge requirements in 84.10(C) as applicable.

(B) Implementation Requirements for Specific Authorized Reclaimed Water Uses.

(1) Evaporative Industrial Processes

(a) If there is a significant likelihood for aerosols to drift to public or worker areas, signage meeting the requirements in section 84.10 is required in those areas. Supplemental disinfection and disinfectant residual and/or public access restrictions are required.

(b) If Category 1 reclaimed water is used, public access to areas where reclaimed water is used must be restricted by time or by barrier.

(2) Non-Discharging Construction and Road Maintenance

(a) Applications rates or other measures shall be employed to minimize ponding or runoff from the area approved for application and use.

(b) The exterior of the tank shall be labeled with signage indicating the tank is transporting reclaimed water.

(c) Where there is potential for trained worker or public exposure to aerosols generated in the use, Users of Categories 1 and 2 reclaimed water shall employ measures to prevent frequent exposure of trained workers and the public to aerosols by one of the following methods:

i. Restricted access;

ii. A minimum setback distance of 100 feet between the nearest source of aerosol generations and areas where trained workers or the public are normally present;

iii. Physical barriers between aerosol sources and humans;

iv. Personal protective equipment to prevent inhalation;

v. Functionally equivalent measures approved by a qualified individual (e.g. a certified industrial hygienist); or

vi. Other measures approved by the Division and authorized in the User Authorization.

(d) If Category 1 reclaimed water is used, public access to areas where reclaimed water is used must be restricted by time or by barrier.

(3) Non-Evaporative Industrial Processes

(a) Where there is potential for worker or public exposure to aerosols generated in the use, Users of Categories 1 and 2 reclaimed water shall employ measures to prevent frequent exposure of trained workers and the public to aerosols by one of the following methods:

i. Implement onsite disinfection residual within the premise plumbing;

ii. Restricted access;

iii. A minimum setback distance of 100 feet between the nearest source of aerosol generations and areas where trained workers or the public are normally present;

iv. Physical barriers between aerosol sources and humans;

v. Personal protective equipment to prevent inhalation;

vi. Functionally equivalent measures approved by a qualified individual (e.g. a certified industrial hygienist); or

vii. Other measures approved by the Division and authorized in the User Authorization.

(b) A sign that meets the minimum requirements in section 84.10 is required in the area(s) where reclaimed water is used.

(c) If Category 1 reclaimed water is used, public access to areas where reclaimed water is used must be restricted by time or by barrier.

(4) Oil and Gas Operations

(a) Comply with the educational requirements in section 84.10(A)(3) and:

i. All staff managing reclaimed water and/or implementing the Implementation Requirements, the UASMP and the User Authorization must receive required training prior to their initial shift on the Site and annually thereafter.

ii. Each individual required to receive this education must affirm with a signature that the training was received. These training records must be available on site or easily assessable for the Division and/or Treater tor review.

(b) Comply with the minimum Signage Requirements in 84.10(A)(4) and:

i. For Sites under three acres, signs of at least 8.5 x 11" must be placed on portions of the perimeter within public view. For Sites over three acres but smaller than 25 acres, signs of at least 8.5 x 11" must be placed at no greater than 500 feet apart on any portions of the perimeter within public view. Distance and locations of signage must be described via map or description in the UASMP and User Authorization for the Site.

(c) A Site Manager is required. Responsibilities and authority for Site Managers are:

i. Ensure an accurate UASMP and User Authorization are onsite or easily accessible, and when required per section 84.9 , submit UASMP modifications to amend the User Authorization to the Treater and Division.

ii. Maintain accurate records of signatures for Trained Workers and other individuals that use reclaimed water on the authorized Site who have been educated per 84.10(B)(4)(a).

iii. Ensure all staff managing reclaimed water and contracted workers who implement the requirements in this regulation and other individuals that use reclaimed water on the authorized Site are educated about reclaimed water per the education and training requirements in sections 84.6(F)(4), 84.10(A)(3) and 84.10(B)(4)(a).

iv. Ensure all staff managing reclaimed water and contracted workers who implement the requirements in this regulation and other individuals that use reclaimed water on the authorized Site are in compliance with the applicable Implementation Requirements in section 84.10 and the requirements in the UASMP and User Authorization.

v. Implement appropriate procedures and actions to minimize the occurrence of violations, and obtain compliance with the requirements of the UASMP and User Authorization. If necessary, implement sanctions for recalcitrant and repetitive violations that includes but is not limited to requesting termination of service of reclaimed water to the Site.

vi. Inspect Site prior to each approved use to ensure all of the requirements in the User Authorization and UASMP are in compliance.

vii. Ensure that there are no discharges to groundwater or state waters during "shut down" of a Site when discontinuing use of reclaimed water.

viii. Report violations to the Treater and the Division and keep violations documented with the location information until use of reclaimed water ceases.

(d) Requirements for lay-flat hoses, couplings, and other appurtenances:

i. Identify the conveyance as carrying non-potable water by labelling every section of pipe as "non-potable water" using stenciling or some other labelling mechanism. Alternatively, signage that states "non-potable water" can be placed at every coupling, joint or pump.

ii. During periods of reclaimed water use within the lay-flat conveyance, an additional method of identification must be utilized to clearly indicate that reclaimed water is being transported through the line. This must be accomplished by placing small flags, ribbon, tape, etc. labeled with "RECLAIMED WATER - NOT FOR DRINKING OR DO NOT DRINK" at the mid-point between couplings, joint or pump (each section of hose) or approximately every 350 feet. This requirement can be reduced in areas where access is limited (such as through private property), but must be identified in the UASMP.

iii. Pass a hydrostatic pressure test conducted in accordance with the UASMP using methods, procedures and practices that reflect best industry practices appropriate for the system and conditions present and that provides appropriate results to confirm leaks are not present in the conveyance system and comply with the requirements within Regulation 84. Results of testing must be available for verification during any Site inspection.

iv. Inspect the hose daily for leaks. If a leak is detected or discovered, immediately discontinue use until the leak has been properly repaired such that the leak is no longer present. Records of daily leak inspections must be maintained for a minimum of one year and kept onsite for Treater and Division review.

v. Install and operate appropriate leak detection equipment.

vi. All spills requiring reporting in accordance with § 25-8-601(2), CRS must be reported to CDPHE using the toll-free 24-hour environmental emergency and incident reporting line within 24 hours of being discovered. Spills must also be reported to the Treater within 24 hours.

vii. To protect potable water sources, backflow prevention or cross connection control equipment must be used when loading water from a potable water source.

viii. If lay-flat hose is extended through public or private property, property owners must be notified that non-potable, reclaimed water is being delivered through the lay-flat hose and that the hose should not be tampered with. The process used to notify property owners, including how the notification is issued and the timing of the notice, must be explained within the UASMP.

ix. When lay-flat hose intersects a roadway, a hose protector ramp must be used to prevent vehicles and other equipment from directly driving over the hose.

(e) Vehicles and tank trailers used to haul reclaimed water must follow the following requirements:

i. The exterior of the tank shall be labelled with signage indicating the tank is transporting non-potable water.

ii. The driver is required to notify the Treater and User of any spills of reclaimed water. All spills requiring reporting in accordance with § 25-8-601(2) CRS must be reported to CDPHE using the toll-free 24-hour environmental emergency and incident reporting line.

iii. To protect potable water supplies, backflow prevention or cross connection control equipment must be used when loading water from a potable water source into tank labeled as non-potable.

(f) When reclaimed water is delivered through temporary conveyances, the conveyance must meet the definition of lay flat hose as defined in section 84.5 or be constructed of HDPE material.

(g) Disposal of reclaimed water from any storage, conveyance or other source whereby reclaimed water was used shall be done in such a manner that does not create a point source discharge requiring a NPDES or CDPS permit or does not create a spill that would require reporting in accordance with § 25-8-601(2) CRS.

(h) The Division and Treaters must be notified at least one (1) week prior to the installation of any lay-flat hose that is to be used for conveyance of reclaimed water. The Division and Treaters must also be notified within 24 hours of the removal of any lay-flat hose that has been utilized for conveyance of reclaimed water.

(i) Prior to the commencement of any oil and gas operations at a pad site, Operator must complete an initial analysis of reclaimed water delivered to the Site and obtain results prior to use of reclaimed water for Oil and Gas Operation on Site.

i. The initial analysis must include an analytical method that characterizes and quantifies the microbiological water quality of the reclaimed water.

ii. If the reclaimed water remains on location, additional analyses using the same analytical method must be conducted on samples obtained from site bulk storage to ensure water quality is still appropriate to avoid introduction of sulfur reducing bacteria into the well formation. The frequency must be at least every 10 calendar days unless the UASMP documents that an alternative frequency can achieve this requirement.

iii. Each User will record the analytical results and will make those results available to the Treater or Division upon request.

iv. The UASMP shall include a detailed description of the analytical practice.

(5) Washwater Applications

(a) Washing activities must be contained (e.g., flow into lined pit or approved concrete washout area, or within enclosed equipment), as to prevent any off-site runoff or discharge to groundwater. Workers shall be trained on the proper use and washing procedures when using reclaimed water.

(b) A sign that meets the minimum requirements in section 84.10 is required in the area(s) where reclaimed water is used.

(c) Applications rates or other measures shall be employed to minimize ponding or runoff from the area approved for application and use.

(d) Where there is potential for trained worker or public exposure to aerosols generated in the use, Users of Category 2 reclaimed water shall employ measures to prevent frequent exposure of trained workers and the public to aerosols by one of the following methods:

i. Restricted access,

ii. A minimum setback distance of 100 feet between the nearest source of aerosol generations and areas where trained workers or the public are normally present,

iii. Physical barriers between aerosol sources and humans,

iv. Personal protective equipment to prevent inhalation,

v. Functionally equivalent measures approved by a qualified individual (e.g. a certified industrial hygienist), or

vi. Other measures approved by the Division and authorized in the User Authorization.

(6) Restricted Access Landscape Irrigation

(a) Application rates or other measures shall be employed to minimize ponding or runoff from the area approved for application and use and prevent irrigation in excess of agronomic rate. Application rates must be controlled to ensure that associated pollutants do not pass through the root zone of the plants to be irrigated (e.g. automated irrigation schedule, rain shutoff devices, application at evapotranspiration rates adjusted for efficiency, daily inspections, or other means).

(b) Flood and sheet irrigation are prohibited.

(c) Ensure that direct and windblown spray and other means of human exposure from irrigation systems will be confined to the areas designated and approved in the User Authorization.

(d) There must be signage that meets the requirements in section 84.10(A)(4).

(e) If using Category 1 reclaimed water, restrict access to landscaped areas either by:

i. Irrigating only during periods approved in the User Authorization so as to strictly minimize public contact with reclaimed water, or

ii. Installing barriers to prevent public access to the Site, as approved in the User Authorization, restricting irrigation to times when the barriers are in place, and ceasing irrigation at least one hour prior to the barriers being totally or partially removed.

(7) Unrestricted Access Landscape Irrigation

(b) Flood and sheet irrigation are prohibited.

(c) Ensure that direct and windblown spray and other means of human exposure from irrigation systems will be confined to the areas designated and approved in the User Authorization.

(d) There must be signage that meets the requirements in section 84.10(A)(4).

(e) No reclaimed water piping shall be extended to or supported from any residential structure and there shall be no accessible above ground outlets from the reclaimed water system at any residential structure. At least one exterior hose bib, supplied with potable water, shall be labeled and provided at each residential structure.

(8) Resident-Controlled Landscape Irrigation

(a) Application rates or other measures shall be employed to minimize ponding or runoff from the area approved for application and use and prevent irrigation in excess of agronomic rate.

(b) Ensure that direct and windblown spray and other means of human exposure from irrigation systems will be confined to the areas designated and approved in the User Authorization.

(c) No reclaimed water piping shall be extended to or supported from any residential structure and there shall be no accessible above ground outlets from the reclaimed water system at any residential structure. At least one exterior hose bib, supplied with potable water, shall be labeled and provided at each residential structure.

(d) Each residence must have at least one sign that indicates that irrigation is from non-potable water and that it is not suitable for drinking.

(e) Unless a homeowners association or other entity acceptable to the Division (e.g. property management company) assumes responsibility, the Treater shall be responsible for all information required in the UASMP and shall act as the User's legal representative for purposes of certification pursuant to section 84.14.

(9) Zoo Operations

(a) If Category 1 reclaimed water is used, public access to areas where reclaimed water is used must be restricted by time or by barrier.

(10) Commercial Laundries

(a) Where there is potential for trained worker or public exposure to aerosols generated in the use, Users of Category 2 reclaimed water shall employ measures to prevent frequent exposure of trained workers and the public to aerosols by one of the following methods:

i. Implement onsite disinfection residual within the premise plumbing,

ii. Restricted access,

iii. A minimum setback distance of 100 feet between the nearest source of aerosol generations and areas where trained workers or the public are normally present,

iv. Physical barriers between aerosol sources and humans,

v. Personal protective equipment to prevent inhalation,

vi. Functionally equivalent measures approved by a qualified individual (e.g. a certified industrial hygienist), or

vii. Other measures approved by the Division and authorized in the User Authorization.

(b) There must be at least one sign that meets the minimum signage requirements in section 84.10 at the entrance of the facility.

(11) Automated Vehicle Washing and Manual Non-Public Vehicle Washing

(a) Applications rates or other measures shall be employed to minimize ponding or runoff from the area approved for application and use.

(b) Where there is potential for trained worker or public exposure to aerosols generated in the use, Users of Category 2 reclaimed water shall employ measures to prevent frequent exposure of trained workers and the public to aerosols by one of the following methods:

i. Restricted access,

ii. A minimum setback distance of 100 feet between the nearest source of aerosol generations and areas where trained workers or the public are normally present,

iii. Physical barriers between aerosol sources and humans,

iv. Personal protective equipment to prevent inhalation,

v. Functionally equivalent measures approved by a qualified individual (e.g.a certified industrial hygienist), or

vi. Other measures approved by the Division and authorized in the User Authorization.

(c) There must be at least one sign that meets the minimum signage requirements in section 84.10 located at each vehicle entry point.

(12) Nonresidential Fire Protection and Residential Fire Protection

(a) The User shall develop and implement a program, including notices in fire department newsletters and fire department preplans to educate the public and firefighters that reclaimed water is used for fire protection. An annual cross connection control inspection or test shall be made at each structure to which reclaimed water piping is extended for fire protection to ensure that no cross connection exists.

(b) Land Application discharges of reclaimed water from the fire suppression system during emergency firefighting activities that results in complete evapotranspiration is allowed and not subject to reporting requirements in 25-8-601(2), C.R.S.

(13) Non-Food Crop Irrigation and Silviculture

(b) Flood and sheet irrigation are prohibited.

(c) If using Category 1 reclaimed water, restrict access to landscaped areas either by:

i. Irrigating only during periods approved in the User Authorization so as to strictly minimize public contact with reclaimed water, or

(d) Ensure that direct and windblown spray and other means of human exposure from irrigation systems will be confined to the areas designated and approved in the User Authorization.

(e) There must be signage that meets the requirements in section 84.10(A)(4).

(14) Commercial Food Crop Growing Operation

(b) Flood and sheet irrigation are prohibited.

(c) Ensure that direct and windblown spray and other means of human exposure from irrigation systems will be confined to the areas designated and approved in the User Authorization.

(d) Commercially Processed Crops Sites must comply with any applicable requirements of the Rules Pertaining to the Administration and Enforcement of the Produce Safety Act, 8 CCR 1202-17. Compliance information with 8 CCR 1202-17 must be described in the Regulation 84 Annual Report provided by the Treater.

(e) Harvesting of crops in areas where irrigation is occurring and making the soil and/or plant wet is prohibited. Public access in areas where irrigation is occurring and making the soil and/or plants wet is prohibited. Irrigation schedules must be described in the UASMP.

(f) Irrigation of sprouts is prohibited where the sprout is the food crop, including but not limited to bean sprouts, alfalfa sprouts, and hemp clones.

(g) Comply with the educational requirements in section 84.10(A)(3) and:

i. Educate Users, cultivators and visitors of the hand washing and hand washing station requirements under the Rules Pertaining to the Administration and Enforcement of the Produce Safety Act, 8 CCR 1202-17.

ii. Each individual required to receive this education must affirm with a signature that the training was received. These training records must be available on Site or easily assessable for the Division and/or Treat tor review.

(h) Comply with the minimum Signage Requirements in section 84.10 and inform on either the same sign or different signs that crops are irrigated with reclaimed water. One of the following frequency and distance requirements must also be met:

ii. A sign of at least 2 x 1' must be placed at the main point of entry to the Site that also states that hands should be washed after coming into contact with irrigated crops or soils and/or irrigation of crops, and produce must be washed with potable water after harvest.

(i) A manual or display must be onsite at all times that describe what reclaimed water is, the Implementation Requirements required by the UASMP and the User Authorization, and irrigation practices that will prevent irrigation in excess of agronomic rate and minimize ponding or runoff of reclaimed water. This must be accessible to all visitors, trained workers and Users.

(j) Hand washing facilities as required in the Rules Pertaining to the Administration and Enforcement of the Produce Safety Act, 8 CCR 122-17 must be provided.

(15) Non-Commercial Food Crop Growing Operation

(b) Ensure that direct and windblown spray and other means of human exposure from irrigation systems will be confined to the areas designated and approved in the User Authorization.

(c) Comply with the educational requirements in section 84.10(A)(3) and:

i. Educate Users and Cultivators that potable water must be used to wash hands and produce after harvesting produce, irrigating with reclaimed water and interacting with soils irrigated with reclaimed water. If hand washing with potable water is not available, hand sanitizer containing at least 60% alcohol must be used.

(d) Comply with the minimum Signage Requirements in section 84.10 and inform on either the same sign or different signs that crops are irrigated with reclaimed water. One of the following frequency and distance requirements must also be met:

ii. A sign of at least 2 x 1' must be placed at the main point of entry to the Site that also states that hands should be washed with potable water after coming into contact with irrigated crops or soils and/or irrigation of crops, and produce must be washed with potable water after harvest.

(e) Hose bibs that supply reclaimed water must be locked (with a non-duplicative key for access) and/or only accessible by a key code that may not be shared with any individual who has not received the Treater's education and training program in section 84.6 and additional educational requirements in section 84.10 and section 84.10(B)(15)(c).

(f) Children in eighth grade or younger must be supervised by an adult at the garden. Minors who are in ninth grade and older who have not been educated per the Treater's education and training program in section 84.6 and section 84.10 must also be supervised by an adult. Supervising adults must be educated per the Treater's education and training program in section 84.6(F)(4).

i. For Sites that use hoses for reclaimed water irrigation, one additional supervising adult must be present with children in eighth grade and younger to oversee the appropriate use for each active hose/hose spigot beyond the first. If a Site is three acres or more, and the garden is divided into different sections that are clearly demarcated, children in eighth grade or younger can be on site if they are in a section where the water delivery mechanism in that section is disabled and the child is supervised.

ii. This condition will not apply to a Site upon findings that monitoring for one irrigation season demonstrates that reclaimed water on-site meets the Category 3 water quality standards (no E. coli detected in at least 75% of samples in a calendar month and 126 cfu/100 ml single sample maximum). Monitoring shall occur at least every other month during the irrigation season. If the Division omits this condition from the User Authorization, the User must continue to monitor E. coli levels at the Site at least every other month during the irrigation season. Results must be submitted to the division for approval before this condition is not applicable to the User Authorization. If E. coli levels are above 126 cfu/100 ml at the Site, E. coli is detected in more than 25% of samples in a calendar month, the User fails to continue monitoring, or the Division or the Treater have found that the User is not consistently complying with this Regulation and all applicable requirements in the UASMP and User Authorization, the Division may require compliance with this condition through an amended User Authorization.

(g) A manual or display must be onsite at all times that describe what reclaimed water is, the Implementation Requirements required by the UASMP and the User Authorization, and irrigation practices that will prevent irrigation in excess of agronomic rate and minimize ponding or runoff of reclaimed water. This must be accessible to all Visitors, Trained Workers and Users.

(h) Irrigation of sprouts is prohibited where the sprout is the food crop, including but not limited to bean sprouts, alfalfa sprouts, and hemp clones.

(i) Users shall allow the Division or its authorized representative to conduct inspection of the Site at a reasonable time and in a reasonable manner, without prior notification, to assess compliance with this regulation and the User Authorization. This includes allowing access to area(s) where irrigation is occurring and allowing the Division or its authorized representative to interview any person(s) present at the Site. Pursuant to CRS 25-8-306, the Division will provide the User with the credentials for any inspector that may conduct such inspections at a date prior to conducting any inspections and inspectors will present proper credentials to any User present at the Site who requests them at the time of inspection.

(j) A Site Manager is required. Responsibilities and authority for Site Managers are:

ii. Maintain accurate records of Cultivators, Trained Workers and other individuals that use reclaimed water on the authorized Site that have been educated per 84.10 (B)(15)(c).

iii. Ensure all Cultivators, Trained Workers and other individuals that use reclaimed water on the authorized Site are educated about reclaimed water per the requirements in sections 84.6 and 84.10(A)(3) and 84.10(B)(15)(c).

iv. Ensure all Cultivators, Trained Workers and other individuals that use reclaimed water on the authorized Site are in compliance with the applicable Implementation Requirements in section 84.10 and the requirements in the UASMP and User Authorization.

v. Implement appropriate procedures and actions to minimize the occurrence of violations, and obtain compliance with the requirements of the UASMP and User Authorization. Implement sanctions for recalcitrant and repetitive violations that includes but is not limited to denial of water use or banning individuals from the Site.

vi. Inspect Site prior to the first of reclaimed water at the Site each calendar year.

vii. Routine inspections are requirement every 14 days and at least 5 days from the previous inspection. Inspections must include and document that all Implementation Requirements and conditions in the UASMP and User Authorization are being met and available for the Division and Treater to review.

viii. Ensure compliance with 84.10(B)(15)(m).

(k) Irrigation equipment that is used for reclaimed water shall not be hooked up to potable water spigots or hose bibs.

(l) Users may need to provide any additional information necessary in the UASMP to identify how they will comply with the Implementation Requirements in 84.10 and to prevent irrigation in excess of the agronomic rate and to minimize ponding or runoff of reclaimed water. BMPs include any method used to protect public health and the environment. BMPs include, but are not limited to, schedules of activities, prohibitions of practices, maintenance procedures, and other management practices.

(m) Potable water supply or hand sanitizer containing at least 60% alcohol must be readily available for Users, Visitors and Trained Workers to sanitize hands after any interaction with landscapes or agricultural crops that have been irrigated with reclaimed water. If the Site is not located within a reasonable distance from lavatories/sinks, hand sanitizer or a portable hand washing station may be used and:

i. Unused water from portable hand washing stations must be disposed of in an area whereby it will not come into contact with crops, soils or infiltration into soils near crops. The disposal must not create an unpermitted point source discharge to a water of the state.

(16) Resident-Controlled Food Crop Irrigation

(b) Ensure that direct and windblown spray and other means of human exposure from irrigation systems will be confined to the areas designated and approved in the User Authorization.

(c) All property owners and renters must be provided with an educational manual and verbally educated by the Management User that complies with the minimum requirements set forth in section 84.10(A)(3) and the minimum requirements set forth in the Treater's education and training program in section 84.6(F)(4). Additionally, the Management User shall:

iii. If the property is rented or sold at a later date, the new occupants must also be provided with the verbal education and manual, and provide signature that education was received. The Management User must retain the signatures onsite.

(d) A manual or display must be onsite at all times that describe what reclaimed water is, the Implementation Requirements required by the UASMP and the User Authorization, and irrigation practices that will prevent irrigation in excess of agronomic rate and minimize ponding or runoff of reclaimed water. This must be accessible to all visitors, trained workers and Users.

(e) Irrigation of sprouts is prohibited where the sprout is the food crop, including but not limited to bean sprouts, alfalfa sprouts, and hemp clones.

(f) If the Site is irrigated with an automated irrigation system, the food crops must be irrigated on a separate irrigation zone than the non-food crop landscape.

(g) A Management User is required. Responsibilities and authority for Management Users are:

i. Ensure each homebuyer or renter that uses reclaimed water on the authorized Site are educated about reclaimed water per the education and training requirements in sections 84.6(F)(4), 84.10(A)(3) and 84.10(B)(16)(c), that the educational manual described in section 84.10 is provided prior to residents occupying the property, and a signature is obtained by the homeowner or renter that proves acknowledgement of understanding of the risks associated with using reclaimed water. Copies of signed documents must be kept onsite by the Management User.

ii. Maintain up to date maps/records of locations, number and acreage of Sites where reclaimed water is used to irrigate edible crops and landscapes, and update Treater on a biannual basis.

iii. Calculate the agronomic rate analysis for each Site to ensure agronomic rate will not be exceeded.

iv. Monitor water usage in gallons at minimum on a monthly basis to ensure agronomic rate is not exceeded. The UASMP shall indicate whether the monitoring responsibility belongs to the Treater or the Management User.

v. Implement appropriate procedures and actions to obtain compliance with, the requirements of the UASMP and User Authorization. Implement sanctions for recalcitrant and repetitive violations that includes but is not limited to denial of water use.

vi. The division will not issue a User Authorization if the agronomic rate analysis demonstrates that given the nitrogen concentrations in the reclaimed water, that there is a reasonable potential that with the quality of irrigation water needed, the agronomic rate will be exceeded.

vii. During inspections by the Division, violations will be issued to the Management User and/or Legally Responsible Individual or associated entity listed in the User Authorization.

viii. Management Users must, at minimum, conduct 10% representative garden Site visits annually with Users of reclaimed water. Inspections must include and document that all Implementation Requirements and conditions in the UASMP and User Authorization are being met. Inspection results must be and available for the Division and Treater to review.

ix. Report violations to the Treater and Division and keep violations documented with the location information.

(h) Each residence must have at least one sign that indicates that irrigation is from non-potable water, it is not suitable for drinking and that food crops should be washed with potable water.

(i) Only drip, subsurface drip, button drip or other low to the ground irrigation systems are allowed and must cover a small distribution area.

(j) A potable water supply spigot must be available on the exterior of the residence.

(17) Edible and Non-Edible Hemp Irrigation

(b) Comply with the educational requirements in section 84.10(A)(3) and:

i. Educate Users and cultivators that produce and hand washing with potable water is required after harvesting produce, irrigating with reclaimed water and interacting with soils irrigated with reclaimed water. If hand washing with potable water is not available, hand sanitizer containing at least 60% alcohol must be used.

(c) Comply with the minimum Signage Requirements in section 84.10 and inform on either the same sign or different signs that crops are irrigated with reclaimed water. One of the following frequency and distance requirements must also be met:

(e) Irrigation of sprouts is prohibited where the sprout is the food crop, including but not limited to bean sprouts, alfalfa sprouts, and hemp clones (EXCEPTION: NON-EDIBLE HEMP IRRIGATION).

(f) Harvesting of crops in areas where irrigation is occurring and making the soil and/or plant wet is prohibited. Public access in areas where irrigation is occurring and making the soil and/or plants wet is prohibited.

(g) Flood and sheet irrigation are prohibited.

(h) Ensure that direct and windblown spray and other means of human exposure from irrigation systems will be confined to the areas designated and approved in the User Authorization.

(i) A Site Manager is required. Responsibilities and authority for Site Managers are:

ii. Maintain accurate records of Cultivators, Trained Workers and other individuals that use reclaimed water on the authorized Site who have been educated per 84.10 (B)(17)(b).

iii. Ensure all Cultivators, Trained Workers, Visitors and other individuals that use reclaimed water on the authorized Site are educated about reclaimed water per the education and training requirements in sections 84.6(F)(4) and 84.10(A)(3) and 84.10(B)(17)(b).

vi. Inspect Site prior to the first of reclaimed water at the Site each calendar year.

vii. Routine inspections of at least one per month are required during the irrigation season.

viii. Report violations to the Treater and the Division and keep violations documented with the location information.

(j) Potable water supply or hand sanitizer containing at least 60% alcohol must be readily available for Users, Visitors and Trained Workers to sanitize hands after any interaction with landscapes or agricultural crops that have been irrigated with reclaimed water. If the Site is not located within a reasonable distance from lavatories/sinks, hand sanitizer or a portable hand washing station may be used and:

ii. The Site Manager (for Non-Commercially Processed Food Crop Growing Operations) is responsible for ensuring that the portable hand washing station contains potable water.

(k) If using Category 1 reclaimed water, restrict access to landscaped areas either by:

i. Irrigating only during periods approved in the User Authorization so as to strictly minimize public contact with reclaimed water, or

(18) Toilet and Urinal Flushing

(a) Reclaimed water may be used for toilet and urinal flushing provided that the User adopts and follows best management practices (BMPs) to minimize growth of and trained worker exposure to Legionella and other premise plumbing opportunistic pathogens. The User or the Treater (person) must be responsible for monitoring disinfection at the point of compliance and operation and maintenance of the chlorine boosting system or the alternative disinfection method. This person must be identified in the UASMP. BMPs shall be specified in a site-specific operation and maintenance plan as described in section 84.10 , and shall include at least one of the following:

i. Maintenance of a minimum 0.2 mg/L of free chlorine disinfectant or 0.5 mg/L of monochloramine residual if ammonia is present in premise plumbing. The disinfection residual shall be measured at a location at a distance of no greater than 50 feet from the location of use at the distal end or a location that represents the oldest water age within the reclaimed water premise plumbing system. This may require chlorine "boosting" at the point that reclaimed water enters a structure. The monitoring frequency will be no less frequent than once (grab samples) per week. If the disinfectant residual is not in compliance with this requirement, the system must perform operations and maintenance and return all premise plumbing to a minimum 0.2 mg/L disinfection residual for free chlorine or 0.5 mg/L disinfection residual for monochloramine within 24 hours. Exact monitoring locations, and other compliance terms, will be identified in the site specific operation and maintenance plan submitted as part of the UASMP. The system must maintain records of all sampling, locations, and corrective operations for review by the Treater or Division upon request.

ii. An alternative disinfection method as approved by the Division with equivalent protection against premise plumbing pathogens as set forth in section 84.10 above. The effectiveness of an alternative disinfection method may be verified by monitoring. The monitoring plan and any requirements for implementation of any Division approved alternative disinfection method must be included in the UASMP and User Authorization.

iii. Where reclaimed water is used for indoor non-potable uses within a building where plumbing fixtures are accessible by the general public, a monitoring location for disinfection residual at a distance no greater than 50 feet from the location of use at the distal end or a location that represents the oldest water age within the reclaimed water premise plumbing system may be used as an alternate point of compliance for disinfection residual.

(b) To minimize the risk of unintended cross connections, plumbing modifications and repairs shall only be conducted by licensed plumbers.

(c) Signage shall indicate that all plumbing modifications can only be done by authorized personnel.

(d) Toilet and urinal installations must be conducted in accordance with article 155 of title 12 (concerning plumbers) and rules promulgated pursuant to that article.

(e) Reclaimed water shall not be used if it is stored in an outdoor storage facility exposed to the open atmosphere after treatment.

(f) The User must include an operations and maintenance plan to be kept on Site that reflects current conditions.

(g) Users receiving reclaimed water for use within an occupied premise, must include a backup potable water connection capable of supplying potable water to fixtures for flushing via an air gap should the reclaimed water treatment system fail or the reclaimed water is found to be non-compliant or insufficient in volume.

(h) A Certified Cross-Connection Control Technician shall complete a survey prior to initial operation of the system to detect uncontrolled cross connections. Inspections or tests must be conducted at intervals thereafter as mandated in the User Authorization. The User must maintain a current diagram of the structure's potable, reclaimed water, and wastewater plumbing.

(C) Reclaimed Water Land Application Discharges

(1) Reclaimed water shall not be used in a manner that results in a land application discharge, unless

(a) The land application discharge is authorized by a CDPS permit;

(b) The land application discharge is exempted from CDPS permitting in accordance with Regulation 61.14(1)(b); or

(c) The land application discharge is occurring under the provisions of, and in compliance with, a User or Treater Authorization issued pursuant to this Regulation 84 for a use identified in Table B, below, and therefore exempted from CDPS discharge permitting in accordance with Regulation 61.14(1)(a)(v). Table B identifies authorized uses of reclaimed water that have land application allowances and which are required to minimize and/or strictly prohibit the discharge of reclaimed water to waters of the state.

Table B: Authorized Reclaimed Water Uses and Land Application Allowances and Prohibitions

Land Application Status	Authorized Uses	Regulatory Reference(s)
Land application allowed when the design and operation of the system will result in complete evapotranspiration of reclaimed water	Landscape Irrigation, Agricultural Irrigation, and Fire Protection	Regulation 61.14(1)(b)
Land application allowed at agronomic rate (as defined in Regulation 84)	Landscape Irrigation and Agricultural Irrigation Uses	Regulation 84.10(B)(6-8) and 84.10(B)(13-17)
All land application prohibited	Industrial, Commercial and Toilet and Urinal Flushing	Regulation 84.10(B)(1-5), 84.10(B)(9-11), and 84.10(B)(18)

5 CCR 1002-84.10

41 CR 21, November 10, 2018, effective 11/30/2018

42 CR 23, December 10, 2019, effective 1/14/2020

43 CR 17, September 10, 2020, effective 9/30/2020

45 CR 14, July 25, 2022, effective 8/14/2022