5 Colo. Code Regs. § 1002-86.6
Current through Register Vol. 47, No. 20, October 25, 2024
Section 5 CCR 1002-86.6 - ApplicabilityA. All graywater uses and graywater treatment works must comply with the minimum requirements of this regulation as set forth in a local graywater control program. 1. Graywater treatment works may only be installed and operated within the jurisdiction of a city, city and county, or county with a local graywater control program.2. Graywater treatment works installed prior to the effective date of this regulation are only allowed under a local graywater control program and must meet the local requirements adopted pursuant to these regulations. Graywater treatment works that reuse graywater for outdoor subsurface irrigation which were approved by a local public health agency prior to May 15, 2013 and pursuant to 5 CCR 1002-43, section 43.4(J) or pursuant to 5 CCR 1003-6, section IV.J, and which are in compliance with all requirements imposed by the local public health agency, are deemed to be in compliance with the requirements of this regulation unless or until any modification to the graywater treatment works is made.3. Approved graywater treatment works installed prior to the effective date of this regulation are deemed to be in compliance with the requirements of this regulation unless or until any modification to the graywater treatment works is made; or the local agency identifies an environmental or public health risk with the existing treatment works' historically approved design and revokes or rescinds approval. Upon revoking or rescinding approval, the local agency has up to 365 days to upgrade any existing graywater treatment works to meet the requirements of the local graywater control program's ordinance or resolution.4. Graywater treatment works installed under a local graywater control program which is later revoked or rescinded must within 365 days:a. Be physically removed or permanently disconnected; orb. Be regulated under a limited graywater control program for existing graywater treatment works. In this case, the local city, city and county, or county must continue the limited graywater control program for the existing graywater treatment works only; orc. Be regulated under another jurisdiction's local graywater control program which assumes authority over the existing graywater treatment works. The existing graywater treatment works will need to comply with the new city, city and county, or county's local graywater control program, including any required graywater treatment works modifications5. In the event that a property with a compliant graywater treatment works is annexed or de-annexed into a jurisdiction with differing graywater requirements, the property owner must within 365 days:a. Ensure the graywater treatment works is physically removed or permanently disconnected; orb. Ensure the graywater treatment works is incorporated into another city, city and county, or county's local graywater control program. This includes conforming to the minimum requirements of the new local graywater control program and may include improving or modifying the graywater treatment works.6. A local agency that is subject to one of the control regulations 5 CCR 1002-71 through 1002-75 must notify the control basin authority of its plan to adopt a local graywater control program prior to adopting an ordinance or resolution. The graywater control program must require that the use of graywater be in compliance with any applicable requirements in 5 CCR 1002-71 through 1002-75.B. Graywater use is only allowed under a local graywater control program and must meet the local requirements adopted pursuant to these regulations. Unauthorized graywater use and discharges are prohibited.C. This regulation does not apply to: discharges pursuant to a Colorado Discharge Permit System (CDPS) or National Pollution Discharge Elimination System (NPDES) permit, wastewater that has been treated and released to state waters prior to subsequent use, wastewater that has been treated and used at a domestic wastewater treatment works for landscape irrigation or process uses, on-site wastewater treatment works authorized under Regulation No. 43, reclaimed wastewater authorized under Regulation No. 84, water used in an industrial process that is internally recycled, and rainwater harvesting.D. Local agencies have 365 days from the effective date of this regulation to update their local graywater ordinance or resolution to be at least as stringent as this regulation.38 CR 11, June 10, 2015, effective 6/30/201538 CR 23, December 10, 2015, effective 12/30/201546 CR 24, December 25, 2023, effective 1/14/2024