5 Colo. Code Regs. § 1002-84.6

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

Section 5 CCR 1002-84.6 - TREATER APPLICATION, TREATER AUTHORIZATION ISSUANCE AND TREATER RESPONSIBILITIES

(A)Application to Treat and Distribute Reclaimed Water (Treater Application). To treat and distribute reclaimed water, Treaters shall submit a complete Treater Application to the Division and provide a Division approved copy of the Treater Authorization to the local health authority, using a form established by the Division that shall include:

(1) Treater information:

(a) Name of entity;

(b) Legally Responsible Individual's name;

(c) Address;

(d) Telephone number; and

(e) Email address.

(2) For each reclaimed water treatment facility owned and/or operated by the Treater where domestic wastewater is treated for distribution:

(a) Facility contact person's name;

(b) Address;

(c) Telephone number; and

(d) Email address (if different than the Legally Responsible Individual).

(3) Information demonstrating the Treater's ability to comply with the applicable reclaimed water standards and treatment described in section(s) 84.7 and 84.8 of this regulation. Localized systems must also demonstrate the ability to comply with the applicable requirements described in section 84.16of this regulation.

(4) Provide an 8.5" x 11" or 11" x 17" schematic of the treatment process showing the location of the proposed point(s) of compliance. Include the point of compliance for demonstration that secondary treatment has been attained which may be the same or different than the point where attainment of reclaimed water standards will be demonstrated. Include either:

(a) A copy of the site application approval letter and the approval letter for the reclaimed water treatment facility plans and specifications; or

(b) Evidence of submittal of a site application and plans and specifications to the Division (site application forms per Site Location and Design Regulations for Domestic Wastewater Treatment Works 5 CCR 1002-22 (Regulation # 22)).

(5) An analysis demonstrating that reclaimed water used for landscape irrigation or agricultural irrigation will be applied at or below agronomic rates. Landscape irrigation and agricultural irrigation uses may also be subject to or limits as contained in a control regulation governing the watershed within which the irrigation occurs.

(6) A reuse system management plan which includes:

(a) A description of the proposed reclaimed water treatment and distribution systems;

(b) A description of how the Treater will comply with all of the applicable Treater Responsibilities in section 84.6(F);

(c) An Enforcement Escalation Plan (EEP with a description of how the Treater will comply with the requirements in section 84.6(F)(5);

(d) Evidence of the Treater's legal ability (regulation, ordinance, contract, or other acceptable means) to terminate service to a User if the User fails to comply with this regulation;

(e) A description of how the Treater will comply with the cross connection control requirements in sections 84.6 and 84.6 , including but not limited to adherence, in coordination with other water suppliers, to any routine tests, surveys and inspections of backflow assemblies and methods and/or other approved cross connection control devices and methods.

(f) The requirements in section 84.6 must be met two (2) years after the effective date of this regulation for Treater Authorizations with effective dates before the effective date of this regulation. Treaters that apply for Authorizations on or after the effective date of this regulation must comply with this requirement immediately.

(7) A certification statement as per section 84.14 of this regulation.

(8) For each User, a User Application and Site Management Plan (UASMP) developed in cooperation with the Treater that demonstrates how the User will comply with the Implementation Requirements in section 84.10.

(9) Affirmation that the reuse of this water by the Treater will not materially injure water rights. For localized systems located within the service area of a water service provider, the Treater Application shall include an affirmation that the proposed installation of a localized system is allowed by the water service provider.

(10) When reclaimed water is used for fire protection, the Treater Application shall also include a map indicating areas where reclaimed water is to be supplied for fire protection uses and identifying the fire protection authority(s) having jurisdiction. The Treater Application shall also include a letter from the fire protection authority(s) having jurisdiction indicating their approval of using reclaimed water for fire protection activities.

(11) Where the land application of reclaimed water is subject to limitations on concentration and/or loading of nitrogen or phosphorus pursuant to a control regulation adopted by the Water Quality Control Commission, a statement as to whether the Treater intends to have such limitations included in the notice of authorization issued under this regulation or under a permit issued pursuant to Regulation #61.

(B)Division Review and Issuance of Treater Authorization. The Division shall either issue or deny Treater Authorization, or notify the Treater that the Treater Application is incomplete within sixty (60) calendar days of the Division's receipt of the application. If the Division determines that the Treater Application or Authorization needs public notice, the Division shall issue or deny the Authorization within ninety (90) calendar days. Upon the written agreement of the Treater, the review period may be extended for a period mutually agreed to by the Treater and the Division.

(1) The Treater shall be notified in writing upon denial of the Treater Authorization of such action and the reason(s) for the denial. Reasons for denial may include but not be limited to determination that the Treater Authorization would not be protective of public health and the environment.

(2) The Division shall issue a separate Authorization to the Treater and to each User. Treaters and Users planning to use reclaimed water shall have or obtain a Treater and/or User Authorization from the Division prior to any use of reclaimed water.

(C)Appeal of Issuance or Denial of Treater Authorization. The Treater or User, or any other person potentially adversely affected or aggrieved by Division issuance or denial of a Treater Authorization, may submit a request, within thirty (30) days of the date of issuance or denial, to the Administrator of the Water Quality Control Commission ("Commission"), for a hearing.

(1) Such hearing shall be conducted pursuant to the requirements of the Procedural Rules 5 CCR 1002-21 (Regulation #21),

(2) The person requesting the hearing shall have the burden of proof in all hearings held pursuant to this section.

(D)Treater Authorization Renewal and Modification. The Division will review individual Treater Authorizations to be considered for renewal no more frequently than every five (5) years, unless the conditions for modification in this part are met. The Treater shall provide information required by the Division as necessary to renew Treater Authorizations within 180 days of notification by the Division, unless a later deadline is provided by the Division.

(1) A Treater Authorization may be modified for renewal in whole or in part earlier than five (5) years for reasons determined by the Division, including but not limited to, the following:

(a) Violation of any terms or conditions of the Treater Authorization;

(b) Obtaining a Treater Authorization by misrepresentation or failing to disclose any fact which is material to the granting or denial of a Treater Authorization or to the establishment of terms or conditions of the Treater Authorization;

(c) Materially false or inaccurate statements or information in the Treater Application; or

(d) A determination that the authorized activity endangers human health or the classified existing uses of state waters and can only be regulated to acceptable levels by permit modifications or termination.

(2) In determining a renewal frequency greater than five (5) years, the Division will also consider:

(a) Whether the Treater holds an exceptionally high number of User Authorizations that would make it difficult to comply with the renewal schedule;

(b) Any other circumstances that would make it difficult to comply with the renewal schedule.

(E)Terms and Conditions of Treater Authorizations. Treater Authorizations issued by the Division shall contain such terms, limitations, and conditions as are deemed necessary by the Division to protect public health and the environment and to ensure compliance with this regulation, except for those Treater Authorizations that contain a schedule of compliance as determined by the Division. At a minimum, all Treater Authorizations shall contain the following:

(1) Treater information provided in sections 84.6 and 84.6 and a list of approved Users and their associated uses shall be included;

(2) Issuance and effective dates;

(3) The approved uses as defined in Table A of section 84.10 , including the category of reclaimed water, and Implementation Requirements for each approved use in section 84.10 , the associated numeric limit for each use, and requirements from sections 84.7 ; 84.8, and for localized systems, 84.16;

(4) For User Authorizations, the location(s) of use, a description of the approved use(s), and Implementation Requirements that meet the requirements of section 84.10, as applicable;

(5) A requirement that the Treater implement its Reuse System Management Plan that meets the requirements of section 84.6 to ensure User compliance with this regulation. For User Authorizations, include a requirement that the User comply with the UASMP;

(6) Where the Treater has so requested in the Treater Application per section 84.6 , conditions defining limitations for concentration and loading of nitrogen and/or phosphorus pursuant to a control regulation adopted by the Water Quality Control Commission;

(7) A requirement to submit information to the Division requesting the amendment of a Treater Application prior to making any of the following significant changes:

(a) Change of contact for the Legally Responsible Individual or facility contact;

(b) Adding an additional User or deleting a User;

(c) When a Treater proposes any significant physical or operational changes;

(d) Reclaimed Water treatment is discontinued (termination of a Treater Authorization); and

(e) Transfer of ownership or operational control.

(f) If reclaimed water is used for irrigation, when there is a significant change in the agronomic rate analysis; and

(g) When any User governed by an existing User Authorization significantly modifies or changes its physical or operational use of reclaimed water, including, but not limited to, the addition of landscape area to be irrigated that is not contiguous to an existing approved area, addition of areas where reclaimed water is to be used for fire protection, addition of a new user or use in a new commercial or industrial process, or use in a new location.

Said request for amending the Treater Application shall be made at least thirty days prior to implementing a change described in subsections (a), (b), or (f), above, and at least sixty days prior to implementing a change described by subsections (c), (d), (e), or (g) above.

(8) Terms for modification, revocation, renewal, or termination;

(9) Required monitoring, as is reasonably necessary, to be performed by the User;

(10) Reporting and record keeping requirements;

(11) Public access restrictions, if applicable; and

(12) A statement of applicable civil and criminal penalties.

(13) For Resident-Controlled Food Crop Irrigation ONLY, Treater Authorizations will list requirements for information required in the Annual Report.

(F) Treater Responsibilities

(1) Treaters must comply with this regulation, meet the reclaimed water categories and standards in sections 84.7 and 84.8 (when applicable), supply reclaimed water for authorized uses in accordance with Table A in section 84.10 , and comply with the requirements that are authorized in the Treater Authorization.

(2) Treaters must review UASMPs, and forms for amending UASMPs for reasons listed in section 84.9 , for the following prior to signing and submitting them to the Division:

(a) The UASMP includes the information required by this regulation and the Division form, and the information regarding site information, including but not limited to site maps, descriptions, and if applicable the agronomic rate analysis that accurately reflect the conditions that will be present at the Site when use of reclaimed water occurs.

(b) Ensure latitude and longitude of where reclaimed water is being used are complete and correct;

(c) All necessary attachments are included with the UASMP;

(d) Ensure the Legally Responsible Individual has signed/certified the UASMP;

(e) Any modifications that require notification to the Division in section 84.6(D)(7); and

(f) Ensure that each answer describes an accurate process or mechanism to comply with the requirements in this regulation.

(3) Maintain accurate records of the following:

(a) Copies of active/effective UASMP's and User Authorizations; and

(b) Copies of UASMPs and User Authorizations previously in effect for three (3) years following the termination date.

(4) Develop and conduct an annual education and training program for all Users, Site Managers (when applicable) and Management Users (when applicable) that meets the following minimum requirements:

(a) A process to verify and document that all Users have received this education and training;

(b) A definition of reclaimed water and why it is not suitable for drinking (e.g. it is not treated to drinking water standards);

(c) Users should wash their hands with soap and potable water if possible after using reclaimed water, and that if soap and water are not available, to use hand sanitizer containing at least 60% alcohol. Users should be educated that hand sanitizer is not as effective as hand washing with soap and potable water;

(d) Users are required to implement the relevant requirements in this regulation for the prescribed authorized use(s) or be subject to the compliance and/or enforcement actions from both the Treater and the Division that result from non-compliance;

(e) The Implementation Requirements section 84.10 and User requirements in section 84.9;

(f) Ensure Users, Site Managers (when applicable) and Management Users (when applicable) are knowledgeable about and capable of implementing the requirements in the UASMP and User Authorization;

(g) That the UASMP and User Authorization must be kept onsite or be easily accessible;

(h) Strictly minimize ponding or runoff of reclaimed water; and

(i) For irrigation uses, that irrigation shall not occur in excess of agronomic rate.

(5) Oversee the use of reclaimed water by Users to ensure, to the maximum extent practicable, that Users attain and maintain compliance with this regulation including but not limited to User adherence to the applicable Implementation Requirements in section 84.10 at User Sites. A description of the Treater's oversight of reclaimed water use by Users must be provided in the EEP per section 84.6 submitted with the Reuse System Management Plan. The EEP shall include:

(a) How the Treater will identify User's repetitive and recalcitrant violations;

(b) A range of enforcement responses the Treater will take to minimize and correct violations, including repetitive and recalcitrant violations;

(c) A description of time periods within which responses will take place;

(d) A process and description for termination of reclaimed water service to a Site (temporary or permanent) when necessary to obtain and maintain compliance;

(e) When applicable, a description of how Treaters will administer the inspection requirements for uses that require Site Managers and Management Users.

(6) Implement the Treater's reuse system management plan as described in section 84.6(A)(6).

(7) Maintain records of inspections, non-compliance determinations and corrective actions for all inspections for at least three (3) years.

(8) Report violations to the division as described in section 84.11(C).

(9) Treaters 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 or Treater Authorization, or to determine compliance with this regulation or the applicable User or Treater Authorization.

(10) Treaters 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.

(d) The requirements in section 84.6 and 84.10 must be met five (5) years after the effective date of this regulation for Treater and User Authorizations with effective dates before the effective date of this regulation. Treaters and Users that apply for Authorizations on or after the effective date of this regulation must comply with this requirement immediately.

(11) Ensure all Users comply with the Land Application Discharge requirements in section 84.10(C).

(12) When supplementing reclaimed water with potable water, the Treater must ensure compliance with the Backflow Prevention and Cross-Connection Rule in Colorado Primary Drinking Water Regulations 5 CCR 1002-11 (Regulation #11).

(13) Supplementing reclaimed water with other non-potable supplies shall not be allowed except through an appropriate cross connection control device or method, and shall be provided at all service connections between reclaimed water and other non-potable water sources. Routine inspections/surveys/tests must be completed in accordance with the Treater's cross connection control program as described in the Reuse System Management Plan per section 84.6(A)(6).

(14) For Commercial Food Crop Growing Operation ONLY, Treaters must:

(a) On a quarterly basis, monitor for TDS and submit results (mg/L) to the Division in the Discharge Monitoring Reports, and email the results to all food crop irrigation Users. These results can be provided within a larger report.

(b) If requested by the User, the Treater must monitor and submit the following information upon request by the User within 60 days of the request, and to the Division in the Treater's Annual Report: Monitoring data that is less than 12 months old for nickel, arsenic, lead, cadmium and/or mercury concentrations from the Point of Compliance, or if the discharge is of substantially the same quality as the effluent discharged to state waters under a CDPS permit, from the point of compliance for that CDPS permit.

(15) For Non-Commercial Food Crop Growing Operation ONLY, Treaters must:

(c) Treaters must notify the Legally Responsible Individual or associated entity and Site Manager if the single sample maximum E. coli standard, as authorized in the Treater Authorization, is exceeded.

(d) Conduct one inspection prior to the first use of reclaimed water at a site each calendar year with the Site Manager.

(e) During the irrigation season, conduct a second inspection during the period when irrigation is occurring each year and at least 30 days from the initial inspection (unless irrigation only occurs for 45 days) with the Site Manager.

(f) Inspections must involve checking that all of the applicable Implementation Requirements in 84.10 are being implemented, conditions at the Site are consistent with the UASMP and User Authorization and that Users are minimizing ponding and runoff by irrigating at an agronomic rate.

(g) If a site is in non-compliance, unless the non-compliance issue(s) are corrected during the inspection, re-inspect the site once the correction(s) are made and document and keep record(s) of the corrective actions. Treaters are required to inform and communicate with the User about compliance plans and corrective actions. If hoses are being used, the Treater, Site Manager and/or the Division reserve the right to lock the hose bibs until corrective actions are complete.

(16) For Edible and Non-Edible Hemp Irrigation ONLY, Treaters must:

(a) If requested by the User, the Treater must monitor and submit the following information upon request by the User within 60 days of the request, and to the Division in the Treater's Annual Report: Monitoring data that is less than 12 months old for nickel, arsenic, lead, cadmium and/or mercury concentrations from the Point of Compliance, or if the discharge is of substantially the same quality as the effluent discharged to state waters under a CDPS permit, from the point of compliance for that CDPS permit.

(b) Inspections must be conducted with the Site Manager. Inspections must involve checking that all of the applicable Implementation Requirements in 84.10 are being implemented, conditions at the Site are consistent with the UASMP and User Authorization and that Users are minimizing ponding and runoff by irrigating at an agronomic rate.

(c) If a site is in non-compliance, unless the non-compliance issue(s) are corrected during the inspection, re-inspect the site once the correction(s) are made and document and keep record(s) of the corrective actions. Treaters are required to inform and communicate with the User about compliance plans and corrective actions. If hoses are being used, the Treater, Site Manager and/or the Division reserve the right to lock the hose bibs until corrective actions are complete.

(17) For Resident-Controlled Food Crop Irrigation ONLY, Treaters must:

(b) If requested by the User, the Treater must monitor and submit the following information upon request by the User within 60 days of the request, and to the Division in the Annual Report: Monitoring data that is less than 12 months old for nickel, arsenic, lead, cadmium and/or mercury concentrations from the Point of Compliance, or if the discharge is of substantially the same quality as the effluent discharged to state waters under a CDPS permit, from the point of compliance for that CDPS permit.

(c) Notify the Legally Responsible Individual or associated entity and the Management User if the single sample maximum E. coli standard, as authorized in the Treater Authorization, is exceeded.

(d) 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.

(e) At minimum, conduct 10% representative garden site visits annually with a representative that uses reclaimed water to ensure compliance with this regulation, the UASMP and User Authorization.

(g) If a site is in non-compliance, unless the non-compliance issues are corrected during the inspection, re-inspect the site once corrections are made and document and keep record(s) of the corrective actions. Treaters and Management Users are required to inform and communicate with the user about compliance plans and corrective actions.

(18) For Oil and Gas Operations ONLY, Treaters must:

(a) Conduct an initial site inspection for each new User just prior to drilling operation to ensure compliance with this regulation, the UASMP and User Authorization.

(b) Inspections must involve checking that all of the applicable Implementation Requirements in 84.10 are being implemented, conditions at the Site are consistent with the UASMP and User Authorization and that Users are minimizing ponding and runoff by irrigating at an agronomic rate.

(c) If a site is in non-compliance, unless the non-compliance issues are corrected during the inspection, re-inspect the site once corrections are made and document and keep record(s) of the corrective actions. Treaters and Management Users are required to inform and communicate with the user about compliance plans and corrective actions.

5 CCR 1002-84.6

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