5 Colo. Code Regs. § 1002-84.24
The provisions of sections 25-8-205(1) and 25-8-308(1)(h) C.R.S. provide the specific statutory authority for adoption of amendments to this regulation. The Commission also adopted, in compliance with section 24-4-203(4), C.R.S., the following statement of basis and purpose.
Basis and Purpose:
Regulation 84.4 was amended to state that wastewater that has been treated and is used at a domestic wastewater treatment plant (DWWTP) site for landscape or process uses is not subject to Regulation 84. Landscape irrigation with treated effluent at a DWWTP was previously excluded in the definition of landscape irrigation. Section 84.5 . This exclusion was deleted from the definitions section and moved to the applicability section 84.4 , together with a new exclusion dealing with process waters used at a DWWTP site. The Commission believes it is more logical to include these exclusions in the section dealing with applicability.
The Commission found that it is appropriate to exclude process water used at a DWWTP site because process water uses are restricted to the DWWTP site and access to these sites is restricted and not open to the public. The use of process water is limited and controlled by DWWTP staff who are trained in the handling and use of process water. It is the Commission's intention that after the process use is completed, the process water will be captured and returned to the wastewater treatment process and not discharged separately to waters of the state.
The Commission deleted the provision in section 84.6 that allowed landscape irrigation to be done above agronomic rates where the treater or user, as appropriate, had obtained a CDPS ground water discharge permit. The Commission understands that there are no entities currently making use of this provision and found it to be inconsistent with the original intent of Regulation 84 which was to address the use of reclaimed water under a single regulation. In addition the Commission finds, based on the typical nutrient content of treated wastewater and the watering needs of landscape plants, that application of reclaimed water at agronomic rates is achievable under normal circumstances.
5 CCR 1002-84.24