5 Colo. Code Regs. § 1002-84.9

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

Section 5 CCR 1002-84.9 - USER APPLICATION AND SITE MANAGEMENT PLAN (UASMP) AND USER AUTHORIZATION ISSUANCE

(A) Users shall submit a User Application and Site Management Plan to the Treater using a form established by the Division that shall include:

(1) User information including:

(a) User organizational name;

(b) Legally Responsible Individual's name, title and contact information.

(2) Facility information including:

(a) Facility name, including the business operating name, if applicable;

(b) Address;

(c) Latitude and longitude (center of property);

(d) Site common name, if any.

(3) Other contact information including:

(a) Site contact name, title and contact information;

(b) Site Manager name, title and contact information (if applicable);

(c) Other contact types (optional);

(d) Certified Operator name, certification number and contact information (for Localized Systems only).

(4) A description of the following:

(a) How reclaimed water will be used;

(b) The potential for public contact during use of reclaimed water;

(c) How the User intends to comply with the Implementation Requirements for the applicable use(s) identified in this application as specified in section 84.10; and

(d) A list of all water sources used at the location where reclaimed water is used.

(5) All Users must provide a current map and/or diagram (8.5" x 11" or 11" x 17") that indicates all areas where reclaimed water will be used and/or applied. The following information must be provided on the map for the specific uses listed:

(a) For Toilet and Urinal Flushing, the map must indicate potable, non-potable and wastewater systems within the building.

(b) For Landscape and Agricultural irrigation, the map must indicate the acreage or distance around the perimeter of the Site being irrigated and type of landscape or agriculture being irrigated.

(c) For Fire Protection, the map must indicate areas where reclaimed water is to be supplied for fire protection uses, location(s) of fire hydrants.

(d) For Commercial Food Crop Growing Operations, Non-commercial Food Crop Growing Operations and Edible and Non-Edible Hemp Irrigation, the map must indicate locations of the required signage and hand sanitation stations in sections 84.10(B)(14), 84.10(B)(15) and 84.10(B)(17).

(6) For irrigation uses, an analysis that demonstrates that reclaimed water used for irrigation will be applied at or below agronomic rates (guidance to calculate agronomic rate analysis: https://cdphe.colorado.gov/water-quality-reclaimed-water-reuse-permits).

(7) UASMPs must be kept onsite (or easily accessible), current with regards to Site conditions (e.g. maps and/or diagrams, contact information, how the Site is complying with Implementation Requirements, etc.) and available for Division or Treater review.

(8) A certification statement as per section 84.14 of this regulation. Each UASMP shall include a statement signed by the User, or a legal representative of the User, that certifies:

(a) The User has been provided a copy of Regulation 84 and agrees to comply with the applicable requirements of this regulation, in particular the Implementation Requirements described in section 84.10 the User Authorization and UASMP. If applicable, include the access restrictions when Category 1 reclaimed water is used. The User shall submit a certification statement per section 84.14 of this regulation with the information provided in this item; and

(b) The User agrees to allow the Treater or the Division reasonable access to the Site to determine whether the User is in compliance with this regulation, the User Authorization and UASMP, and/or to perform monitoring and analysis as may be required in section 84.16 for localized systems.

(9) Irrigation uses may also be subject to limits as contained in a control regulation governing the watershed within which the irrigation occurs. The allocation or limit will be included in the User Authorization and/or a permit issued pursuant to Regulation # 61.

(10) Each UASMP must be fully reviewed and signed by the Treater prior to submission to the Division.

(11) Each UASMP must be completed in its entirety and required attachments that are listed on the User Application (e.g. maps, agronomic rate analyses, reports, etc.) must be provided. UASMPs that are not complete will not be processed by the Division until all the required information and attachments are completed and submitted.

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

(1) The User shall be notified in writing upon denial of the User Authorization of such action and the reason(s) for the denial. Reasons for denial may include but not be limited to determination that the User 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 User Authorization. The Treater or User, or any other person potentially adversely affected or aggrieved by Division issuance or denial of a User 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)User Authorization Renewal and Modification. The Division will review individual User 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 User shall provide information required by the Division as necessary to renew User Authorizations within 180 days of notification by the Division, unless a later deadline is provided by the Division. A User 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:

(1) Violation of any terms or conditions of the User Authorization;

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

(3) Materially false or inaccurate statements or information in the User Application; or

(4) 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 or termination.

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

(1) User information provided in the UASMP in sections 84.9(A)(1), 84.9(A)(2), and 84.9(A)(3);

(2) Issuance and effective date;

(3) The applicable authorized use(s) as defined in Table A of section 84.10 , including the category of reclaimed water, and Implementation Requirements that Users must execute for the authorized use(s) in section 84.10.

(4) The location(s) of use and a description of the approved use(s);

(5) A requirement to submit information using a form developed by the Division to the Treater requesting the amendment of a UASMP sixty (60) days, or an alternative timeline determined by the Treater, prior to making any of the following significant changes. The Treater must review, sign and submit the form to the Division thirty (30) days prior to the User making changes:

(a) Change of contact for Legally Responsible Individual, facility contact, Site Manager (if applicable) and Management User (if applicable);

(b) Transfer of ownership or operational control;

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

(d) 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;

(e) A modification is made to the Site that would substantially change operations, reclaimed water usage and/or Implementation Requirements as described in section 84.10; or

(f) Reclaimed water use at the Site is discontinued (termination of User Authorization).

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

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

(8) Reporting and record keeping requirements;

(9) Public access restrictions, if applicable; and

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

5 CCR 1002-84.9

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