5 Colo. Code Regs. § 1002-86.9

Current through Register Vol. 47, No. 20, October 25, 2024

Section 5 CCR 1002-86.9 - Administration

A. Local Coordination

Nothing in this regulation shall be deemed to limit the authority of local cities, cities and counties, or counties, pursuant to section 29-1-203, C.R.S., to enter into intergovernmental agreements with each other pertaining to the coordinated adoption and operation of local graywater control program.

B. Minimum Requirements for a Local Graywater Control Program

1. The local city, city and county, or county that chooses to authorize graywater use within its jurisdiction must adopt an ordinance or resolution which meets the following minimum requirements:

a. Require compliance with the minimum requirements of this regulation.

b. Require compliance with all applicable federal, state, and local requirements.

c. Define the legal boundary of the local city, city and county, or county's local graywater control program. If the area in which graywater treatment works are allowed by a local control program is smaller than the maximum legal boundary, then the excluded area must be clearly identified.

d. Identify the local agency, or agencies, that is responsible for oversight and implementation of all graywater regulatory activities including, but not limited to, design review, inspection, enforcement, tracking, and complaints.

e. Identify if a fee(s) will be imposed for graywater activities, and if so, which local agency establishes the fee(s) and where fee(s) information is located.

f. Require a searchable tracking mechanism that is indefinitely maintained by the local agency that must include, at a minimum, the following information:

i. Legal address of each facility with graywater treatment works, allowed graywater uses at each facility, and a graywater treatment works description;

ii. The legally responsible party associated with every graywater treatment works;

iii. Where required, the certified operator associated with every graywater treatment works; and

iv. Any changes to the legally responsible party, certified operator and status of the graywater treatment works must be updated within 60 days.

g. Require the local agency to administer and enforce the provisions of the ordinance or resolution, and where applicable for certain program elements, the rule.

2. The local city, city and county, or county that chooses to authorize graywater use within its jurisdiction must adopt an ordinance, resolution or rule which meets the following minimum requirements:

a. Require a local agency to develop a graywater design criteria document, which includes the following:

i. Requirements that are at least as stringent as the minimum design requirements in this regulation; and

ii. Define a site evaluation protocol for subsurface irrigation systems as defined in section 86.12(B)(1)(i)(i).

b. Identify which graywater use categories as defined in section 86.10 are allowed within the legal boundary of the local graywater control program.

c. Require a local agency to approve or deny the installation of new graywater treatment works or modifications to an existing graywater treatment works, and as part of the review process the local agency(ies) must consider the design documentation associated with the graywater treatment works, which must include the following information:

i. The graywater uses;

ii. Location of the graywater treatment system;

iii. Design flow calculations for the graywater treatment works;

iv. The fixture(s) that are the source(s) of the graywater;

v. The design of the plumbing and irrigation system for non-single family uses (Categories B2, C2 and D2 in section 86.10);

vi. A description of the products or components;

vii. If applicable, any supporting soil analysis information for subsurface irrigation uses;

viii. Contact information for system designer or professional engineer and operator for non-single family graywater treatment works with a design capacity greater than 2,000 gallons per day;

ix. Name and address of the legally responsible party; and

x. Must be signed by the legally responsible party.

d. Require that graywater treatment works be inspected or verified and accepted by the local agency, in a format or means specified by the local agency.

e. Require an operation and maintenance (O&M) manual (section 86.15), including the manufacturer's manual (if any) for all graywater treatment works, and require that the O&M manual meet the following:

i. Remain with the graywater treatment works throughout the life of the system;

ii. Be updated at the time the system is modified; and

iii. Upon change of ownership or occupancy of the property where the graywater treatment works is located, transfer to the new owner or tenant.

f. If reporting to the local city, city and county, county, or local agency is required, identify the reporting requirements, including the required parameters and the required frequency.

C. Discontinuation of local graywater program

A local city, city and county, and county that decides to revoke or rescind an adopted local graywater control program must require that all previously allowed graywater treatment works either:

1. Be physically removed or permanently disconnected; or

2. 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 a limited graywater control program for the existing graywater treatment works. The limited graywater program must include a graywater control program for the existing graywater treatment works but no new graywater treatment works. At a minimum, the limited graywater control program must include items: 86.9(B)(1)(a), 86.9(B)(1)(b), 86.9(B)(1)(d), 86.9(B)(1)(f), 86.9(B)(1)(g) and 86.9(B)(2)(e). If the limited graywater control program allows modifications to existing treatment works then items 86.9(B)(2)(a), 86.9(B)(2)(b), and 86.9(B)(2)(c) must also be included; or

3. 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 modifications.

5 CCR 1002-86.9

38 CR 11, June 10, 2015, effective 6/30/2015

38 CR 23, December 10, 2015, effective 12/30/2015

46 CR 24, December 25, 2023, effective 1/14/2024