5 Colo. Code Regs. § 1002-84.5

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

Section 5 CCR 1002-84.5 - DEFINITIONS

The following definitions shall apply:

(1)Agricultural Irrigation means use of reclaimed water for irrigation of crops and trees, including Non-food Crop Irrigation and Silviculture, Non-Commercial Food Crop Growing Operation, Commercial Food Crop Growing Operation, Resident-Controlled Food Crop Irrigation and Edible and Non-Edible hemp.

(2)Agronomic Rate means the rate of application of reclaimed water and associated nutrients to plants that is necessary to satisfy the plants' nutritional and watering requirements while strictly minimizing the amount of nutrients that run off to surface waters or which pass below the root zone of the plants.

(3)Automated Vehicle Washing means the cleaning of vehicles and associated equipment, such as trailers, where automated equipment is used to apply spray water, cleaning products, and/or rinse water, where there is no public exposure to reclaimed water under normal operations and only limited and controlled contact with reclaimed water by trained workers.

(4)Backflow Prevention Assembly has the same meaning as the term "backflow prevention assembly" as defined in Colorado Primary Drinking Water Regulations 5 CCR 1002-11 (Regulation #11).

(5)Backflow Prevention Method has the same meaning as the term "backflow prevention method" as defined in Colorado Primary Drinking Water Regulations 5 CCR 1002-11 (Regulation #11).

(6)Bag Filters means pressure-driven separation devices that remove particulate matter larger than 1 micrometer using an engineered porous filtration media. They are typically constructed of a non-rigid, fabric filtration media housed in a pressure vessel in which the direction of flow is from the inside of the bag to the outside.

(7)Cartridge Filters means pressure-driven separation devices that remove particulate matter larger than 1 micrometer using an engineered porous filtration media. They are typically constructed as rigid or semi-rigid, self-supporting filter elements housed in pressure vessels in which flow is from the outside of the cartridge to the inside.

(8)Centralized reclaimed water treatment system or Centralized System means a domestic wastewater treatment works that receives domestic wastewater from a diverse service area for treatment to produce reclaimed water for beneficial use where the service area has meaningful inputs from industrial or other diluting sources.

(9)Certified Cross-Connection Control Technician has the same meaning as the term "certified cross-connection control technician" as defined in Colorado Primary Drinking water Regulations 5 CCR 1002-11 (Regulation #11).

(10)Certified Operator has the same meaning as the term "certified operator" as defined in Water and Wastewater Facility Operators Certification Requirements 5 CCR 1003-2 (Regulation #100).

(11)Commercial Food Crop Growing Operation means a "covered farm" under the Rules Pertaining to the Administration and Enforcement of the Produce Safety Act, 8 CCR 1202-17.

(12)Commercial Laundry means a facility that uses water to clean clothing and other textile products where only laundry workers operate the washing machines and cleaning equipment, where there is no public exposure to reclaimed water under normal operations and only limited and controlled contact with reclaimed water by trained workers.

(13)Conventional Filtration means a series of processes including coagulation, flocculation, sedimentation (or equivalent form of clarification), and granular media filtration.

(14)Cultivator means any individual or individuals that are regularly working with irrigated crops, irrigation and/or soils that are irrigated with reclaimed water.

(15)Direct Filtration means a series of processes including coagulation and granular media filtration but excluding sedimentation.

(16)Division means the Water Quality Control Division of the Colorado Department of Public Health and Environment.

(17)Edible Hemp means industrial hemp seeds, oils, flowers and other hemp materials used to make edible products, dermal products, and internal use products for human and animal consumption.

(18)Evaporative Industrial Processes means the use of water in an industrial process where the benefit of such use requires the evaporation of water, requiring additional make-up water, where there is no public exposure to reclaimed water under normal operations and only limited and controlled contact with reclaimed water by trained workers.

(19)Fire Protection - Nonresidential means firefighting activities where water is made available at fire hydrants, from fire trucks, and in fire sprinkler and interior standpipe systems in commercial/industrial buildings.

(20)Fire Protection - Residential means firefighting activities where water is made available at fire hydrants, from fire trucks, and in fire sprinkler and interior standpipe systems at any residential structure where the occupants do not have access to the plumbing for maintenance and repair.

(21)Flood and Sheet Irrigation means irrigation whereby water is delivered to a field by ditch, pipe or some other means and flows over the ground through the crop.

(22)Implementation Requirements means mandated practices, measures and conditions that shall be implemented by Users as defined in section 84.10 for authorized uses of reclaimed water, and for which Treaters shall ensure, to the maximum extent practicable, that Users adhere to when using reclaimed water.

(23)Industrial Hemp means a plant of the genus cannabis and any part of the plant, whether growing or not, containing delta-9 tetrahydrocannabinol concentration of no more than three-tenths of one percent on a dry weight basis (HB- 35-61-101(7) 17).

(24)Irrigation System means the facilities, piping and other equipment used for landscape and agricultural irrigation.

(25)Landscape Irrigation means irrigation of areas of grass, trees, and other vegetation that are accessible to the public, including, but not limited to, parks, greenbelts, golf courses, and common areas at apartments, townhouses, commercial/business parks, and other similar complexes.

(26)Lay-flat hose means an industrial, light weight, heavy duty, flexible hose with supporting fabric built into the walls, which lies flat when empty which is used to transfer large volumes of liquid under pressure. Numerous lengths of hose may be connected using fittings that produce leak-free connections. Lay-flat hoses used to convey reclaimed water must be selected, designed, installed, implemented and maintained in accordance with best industry practices appropriate for the system and conditions present and the manufacturer's specifications (including installation and implementation specifications) and to comply with the requirements in Regulation 84.

(27)Legally Responsible Individual means a legal representative listed in the User Application and Site Management Plan and User Authorization and/or Treater's Application and Authorization that has authority to make legally binding commitments for the "User" or the "Treater."

(28)Localized Reclaimed Water Treatment System or Localized System means a domestic wastewater treatment works that receives domestic wastewater from a single building, multiple buildings within a single property or area bounded by dedicated streets or ways, or a district designated by a City or County for treatment to produce reclaimed water for beneficial use where the source water does not have meaningful inputs from industrial or other diluting sources.

(29)Management User means the legally responsible individual that manages a Resident-Controlled Food Crop Irrigation site that is responsible for educating residents, and, shall ensure, to the maximum extent practicable, that residents attain and maintain compliance with Regulation 84. The Management User has legal ability (regulation, ordinance, contract, or other acceptable mechanism) to have reclaimed water service terminated to a resident if the resident fails to comply with Regulation 84. A Management User can be a Treater.

(30)Manual Non-Public Vehicle Washing means the cleaning of vehicles and associated equipment, such as trailers, where any or all of the following are applied manually in the cleaning process: spray water, cleaning products, and/or rinse water; where there is no public access to the vehicle washing facility and only limited and controlled contact with reclaimed water by trained workers.

(31)Membrane Filtration means a pressure or vacuum driven separation process in which particulate matter larger than 1 micrometer is rejected by an engineered barrier, primarily through a size-exclusion mechanism, and which has a measurable removal efficiency of a target organism that can be verified through the application of a direct integrity test. This definition includes the common membrane technologies of microfiltration, ultrafiltration, nanofiltration, and reverse osmosis.

(32)Non-Commercial Food Crop Growing Operation means any operations growing food crops that are not considered a "covered farm" under the Rules Pertaining to the Administration and Enforcement of the Produce Safety Act, 8 CCR 1202-17.

(33)Non-Discharging Construction and Road Maintenance means the use of reclaimed water for non-potable applications where water is required for cooling, wetting, dust suppression, or other construction and road maintenance activities, where there is no public exposure to reclaimed water under normal operations and only limited and controlled contact with reclaimed water by trained workers.

(34)Non-Evaporative Industrial Processes means the use of water in an industrial process where water is not evaporated in the process and is used within a contained system, where there is no public exposure to reclaimed water under normal operations and only limited and controlled contact with reclaimed water by trained workers.

(35)Non-edible Hemp means hemp that is used for cover crop, fiber and other products that are not for human consumption.

(36)Non-food Crop Irrigation and Silviculture means use of reclaimed water for the irrigation of crops and trees, excluding crops produced for direct human consumption, forage crops for lactating dairy animals, and trees that produce nuts or fruit intended for human consumption.

(37)Oil and Gas Operations means exploring for oil and gas, including conducting seismic operations and the drilling of test bores; siting, drilling, deepening, recompleting, reworking, or abandoning a well; producing operations related to any well, including installing flowlines; the generating, transporting, storing, treating, or disposing exploration and production wastes; and any constructing, site preparing, or reclaiming activities associated with such operations. (see COGCC Rules and Regulations - Series 100 - Definitions)

(38)Person means an individual, corporation, partnership, association, state or political subdivision thereof, federal agency, state agency, municipality, commission, or interstate body.

(39)Point of Compliance means a point identified by the Treater in the reclaimed water treatment or transmission system after all treatment has been completed and prior to dilution and blending of water has occurred. If reclaimed water is used for indoor non-potable uses within a building where plumbing fixtures are accessible by the general public, the "point of compliance" for disinfection residual is at the location where water is delivered to the occupied premises.

(40)Potable Water has the same meaning as "Finished Water" as defined in Colorado Primary Drinking Water Regulations 5 CCR 1002-11 (Regulation #11).

(41)Reclaimed Water is domestic wastewater that has received secondary treatment by a domestic wastewater treatment works (centralized system or a localized system) and such additional treatment as to enable the wastewater to meet the standards for approved uses.

(42)Reclaimed Water Distribution System means the piping that distributes reclaimed water to the customer.

(43)Repetitive Violation means a violation by a User or at a User Site that has been assigned corrective action in accordance with the Treater's required Enforcement Escalation Plan per section 84.6 and has not achieved compliance within the timeframe required in accordance with the plan.

(44)Resident-Controlled Landscape Irrigation means irrigation of areas of grass, trees, and other vegetation located on the property dedicated to a single residential property (e.g., the yard for a single residence such as a house, row home or duplex).

(45)Resident-Controlled Food Crop Irrigation means irrigation of vegetables, fruits and other food crops located on the property dedicated to a single residential property (e.g. the garden for a single residence such as a house, row home or duplex).

(46)Restricted Access means controlled and limited access to the areas where reclaimed water meeting Category 1 standards, as defined in section 84.7, is used.

(47)Reuse System Management Plan means a plan submitted to the Division with the Treater Application that describes how the Treater will comply with the requirements in section 84.6(A)(6).

(48)Secondary Treatment means the biological treatment of wastewater to meet BOD5, TSS; CBOD5; and Oil and Grease numeric limitations in Regulations for Effluent Limitations 5 CCR 1002-62 (Regulation #62).

(49)Site means any location using reclaimed water, per the approved Uses in section 84.10 Table A including associated conveyances or storage under the operational control of the User, and as such is subject to the Implementation Requirements in section 84.10.

(50)Site Manager means an individual or individuals who are the representative(s) of the User responsible for educating trained workers, visitors and cultivators of the User's Site, and shall ensure, to the maximum extent practicable, that visitors and cultivators attain and maintain compliance with Regulation 84. Site managers must be fully trained, educated and well versed in Regulation 84 to ensure safe onsite practices amongst visitors and cultivators. The Site Manager has legal ability to enforce for non-compliance, and request that the Treater terminate service if violations continue for a period of time until corrective actions are taken as described in the Treater's Enforcement Escalation Plan in section 84.6(F)(5).

(51)State Waters means any and all surface and subsurface waters which are contained in or flow in or through this state, but does not include waters in sewage systems, waters in treatment works of disposal systems, waters in potable water distribution systems, and all water withdrawn for use until use and treatment have been completed (25-8-103(19), C.R.S.).

(52)Toilet and Urinal Flushing or Fixture Flushing means the use of reclaimed water to flush toilets and urinals only in multifamily residential structures or nonresidential structures where the toilet and urinal installations are conducted in accordance with and conform to Article 155 of Title 12 [Plumbers] and Rules promulgated to that Article.

(53)Trained Worker means a person employed at the site where reclaimed water is used, who has been provided with the information specific to the Implementation Requirements specified in section 84.10 that are applicable to that site's approved use(s) of reclaimed water.

(54)Treater means a person who treats reclaimed water using a centralized reclaimed water treatment system or localized reclaimed water treatment system and provides reclaimed water to a User for the purpose of uses identified in section 84.10. A Treater contracted inspector also falls under this definition, and the Treater may also be a User.

(55)Treatment Technique Requirement means a requirement that specifies a treatment technique(s) for a pathogen reduction target which results in a sufficient reduction in the level of the pathogen to comply with the requirements of Regulation #84.

(56)Unrestricted Access means uncontrolled access to the areas where reclaimed water meeting the Category 2 standards, as defined in section 84.7, is used.

(57)User means the entity or person listed as "User" in the User Application and Site Management Plan and User Authorization who uses reclaimed water and is responsible for the Site and for compliance with the requirements in section 84.9 and 84.10 of this regulation. A User may also be a Treater. A User may also be a person(s) designated by the User to use reclaimed water on a User Site.

(58)User Application and Site Management Plan (UASMP) means the information and documentation a User is required to submit to the Treater to be subsequently submitted to the Division by the Treater under section 84.9 . For Resident-Controlled Landscape Irrigation and Resident-Controlled Food Crop Irrigation, the UASMP applies to the aggregate of residences managed by a Management User. For Non-Commercial Food Crop Growing Operation, the UASMP applies to the aggregate or irrigated areas being managed by a Site Manager.

(59)Visitor means anyone visiting a site where reclaimed water is used and approved in Table A of section 84.10.

(60)Washwater Applications means water used in washing of miscellaneous construction/ maintenance equipment, as well as concrete washout, mineral processing, and other similar uses where reclaimed water is used to remove material from equipment or a desired product, where there is no public exposure to reclaimed water under normal operations and only limited and controlled contact with reclaimed water by trained workers.

(61)Zoo Operations means activities that are authorized uses under this regulation conducted within a zoo which is licensed by the USDA.

5 CCR 1002-84.5

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