DPHE_5CCR_1002_11 Colorado Primary Drinking Water Regulations.pdf

DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Water Quality Control Commission

REGULATION NO. 11 - COLORADO PRIMARY DRINKING WATER REGULATIONS

5 CCR 1002-11

[Editor's Notes follow the text of the rules at the end of this CCR Document.]

11.1 AUTHORITY AND PURPOSE

11.1(1) Authority

The Water Quality Control Commission has promulgated the Colorado Primary Drinking Water Regulations pursuant to sections 24-4-104, 24-4-105, 25-1.5-101, 25-1.5 Part 2, 25-1-109, 25-1-114, 25- 1-114.1, and 25-8-202, Colorado Revised Statutes.

11.1(2) Purpose

The purpose of the Colorado Primary Drinking Water Regulations is to assure the safety of public drinking water supplies and to enable the state of Colorado to assume responsibility for enforcing the standards established by the federal Safe Drinking Water Act (i.e., Public Law 93-523), as amended.

11.1(3) RESERVED

11.1(4) Severability Clause

The provisions of these regulations are severable. If any regulation, rule, section, paragraph, or other portion of the Colorado Primary Drinking Water Regulations is, for any reason, held inoperative, unconstitutional, void or invalid, the validity of the remaining portions shall not be affected.

11.1(5) Applicability

(a) The Colorado Primary Drinking Water Regulations apply to each public water system, unless the public water system meets all of the following conditions:

(i) Consists only of distribution facilities and/or storage facilities.

(ii) Does not have any collection facilities.

(iii) Does not have any treatment facilities.

(iv) Obtains all of its water from a public water system to which these regulations apply.

(v) Is not owned or operated by a public water system to which these regulations apply.

(vi) Does not sell water to any person.

(vii) Is not a carrier which conveys passengers in interstate commerce.

Code of Colorado Regulations Secretary of State State of Colorado

CODE OF COLORADO REGULATIONS 5 CCR 1002-11

Water Quality Control Commission

(b) The Department, regardless of any other provisions of the Colorado Primary Drinking Water Regulations, must enforce the Colorado Primary Drinking Water Regulations against federal facilities, on federally owned lands within the State, excluding Native American Lands.

11.1(6) General Authorities

(a) Testing and Monitoring Requirements

(i) To demonstrate compliance with the Colorado Primary Drinking Water Regulations or terms and conditions of enforcement orders, the Department may require the supplier to conduct tests and monitoring as the Department determines is necessary to protect public health.

(A) These tests must be conducted using methods approved by the Department.

(ii) The Department may require the supplier to install, maintain, and use instrumentation to monitor and record data.

(A) The supplier must submit periodic reports on a continuing basis to demonstrate compliance with applicable regulations.

(b) Entry and Inspection of Public Water Systems

(i) Upon presentation of proper credentials, authorized representatives of the Department may enter and inspect, at any reasonable time and in a reasonable manner, any establishment, facility, or any other property, premises, or place owned, operated or under the control of a public water system or other person for the purpose of investigating any actual, suspected, or potential violations of any minimum general sanitary standards required by section 25-1.5-202, Colorado Revised Statutes.

(ii) During entry, authorized representatives may collect drinking water samples.

(A) Any sample collected may be used as evidence in an enforcement action.

(B) A split or duplicate sample shall be offered to the supplier.

(C) The supplier shall be promptly provided a copy of the sample results.

(iii) If entry or inspection is denied or not consented to by the supplier, the Department has the authority to obtain a warrant to enter and inspect said property, premises, or place and shall obtain the warrant from the district or county court for the judicial district or county in which the property, premises, or place is located.

(A) The district and county courts of the state have the authority to issue a warrant if the Department shows the need for the entry and inspection.

(B) A copy of the inspection report(s) must be provided to the court within a reasonable time after the inspection.

(c) Enforcement Authority

(i) If the supplier violates any provision of the Colorado Primary Drinking Water Regulations, the Department may issue an enforcement order requiring the supplier to take actions necessary to correct the violation(s). The Department may issue an enforcement order:

(A) Upon finding significant deviation from plans and specifications or significant inaccuracies in data submitted to the Department which the Department used as the basis for approval of proposed construction or modifications to a public water system;

(B) Due to the incidence of disease, the source of which is reasonably identified by the Department as originating from the consumption of drinking water from a public water system;

(C) Upon determining that contaminants are present in a public water supply and that the presence of these contaminants presents an unreasonable risk to public health; or

(D) Upon determining that a physical condition or an operation or maintenance practice poses an unreasonable risk to public health.

(ii) An enforcement order may require the supplier to:

(A) Design, redesign, install, modify, construct or reconstruct facilities, which may include sources and treatment;

(B) Use treatment techniques;

(C) Acquire an alternative source;

(D) Take other corrective action(s); or

(E) Demonstrate the adequacy of control measures and use operational techniques and practices that will eliminate any violations.

(iii) A supplier that violates the Colorado Primary Drinking Water Regulations or an enforcement order(s) may be subject to civil or criminal actions pursuant to the provisions of sections 25-1-114 and 25-1-114.1, Colorado Revised Statutes.

(iv) The supplier may request a hearing to contest an enforcement order.

(A) Requests for a hearing must:

(I) Be filed in writing with the Department no later than 30 days after service of the enforcement order;

(II) State the grounds on which the enforcement order is contested; and

(III) State the amount of time the supplier estimates will be required for the hearing.

(B) The hearing regarding the enforcement order shall be held in accordance with applicable provisions of Article 4 of Title 24, Colorado Revised Statutes.

11.2 GENERAL REQUIREMENTS

11.2(1) Tampering

(a) “TAMPER” means to introduce a contaminant into a public water system or into drinking water or to otherwise interfere with drinking water or the operation of a public water system with the intention of harming people or public water systems. It does not include the standard accepted treatment procedures performed by the supplier in preparing water for human consumption.

(b) The supplier must notify the Department as soon as possible but no later than 10 a.m. of the next calendar day after any tampering, suspected tampering, or receipt of a tampering threat.

(c) The supplier must submit written notification to the Department no later than five calendar days after any tampering, suspected tampering, or receipt of a tampering threat explaining the circumstances of the occurrence and identifying the action(s) taken to ensure the ability of the supplier to provide a safe and reliable supply of drinking water and to prevent any reoccurrence.

11.2(2) Identification of Construction Materials

(a) For community water systems, the supplier must identify whether any of the following construction materials are present in the distribution system and report to the Department the existence of:

(i) Lead from piping, solder, caulking, interior lining of distribution mains, alloys, and home plumbing.

(ii) Copper from piping, alloys, service lines, and home plumbing.

(iii) Galvanized piping, service lines, and home plumbing.

(iv) Ferrous piping materials such as cast iron and steel.

(v) Asbestos cement pipe.

(b) For community water systems, the Department may require the supplier to identify and report the presence of other construction materials in the distribution system that may contribute contaminants to the drinking water (e.g., vinyl-lined asbestos cement pipe or coal tar-lined pipes and tanks).

11.2(3) Prohibition on the Use of Lead Pipes, Solder, and Flux

Any pipe, solder, or flux, which is used after June 19, 1986 in the installation or repair of any public water system, or any plumbing in residential or non-residential buildings providing water for human consumption that is connected to a public water system, must be lead free.

(a) This prohibition does not apply to leaded joints necessary for the repair of cast iron pipes.

11.2(4) Violations and Response for Monitoring and Sampling

(a) If the supplier fails to comply with any monitoring or sampling requirement of the Colorado Primary Drinking Water Regulations a monitoring violation occurs.

(b) In the event of a monitoring or sampling violation, the supplier must:

(i) Report the violation to the Department no later than 48 hours after the violation occurs.

(ii) Distribute Tier 3 public notice as specified in 11.33, unless otherwise specified.

11.2(5) Guidance Documents and Policy Documents

(a) The Department has developed guidance documents designed to assist suppliers with understanding the regulations and to explain the specific requirements the supplier must meet to maintain compliance.

(b) The Department has developed a number of internal policy documents designed to address special primacy requirements, which are defined in 40 CFR 142, in order to maintain primary enforcement responsibility in the state of Colorado, and therefore are not included in these regulations.

(c) While not regulatory in nature, these policies and guidance are public record and copies of the available guidance and policy documents may be obtained by requesting them from the Department at:

Colorado Department of Public Health and Environment Water Quality Control Division 4300 Cherry Creek Drive South Denver, Colorado 80246-1530

(303) 692-3500

These documents may also be available on the Department's Internet website at the following address: www.colorado.gov/cdphe.

11.2(6) Materials Incorporated by Reference

(a) Date of Incorporation

(i) Throughout these regulations, requirements promulgated by the U.S. Environmental Protection Agency have been adopted and incorporated by reference. The federal references cited herein include only those versions that were in effect as of April 9, 2018, and not later amendments to the incorporated material.

(ii) All other materials incorporated by reference in the Colorado Primary Drinking Water Regulations include only those versions cited and not later amendments to incorporated material.

(b) Location of Materials Incorporated by Reference

(i) The requirements promulgated by the U.S. Environmental Protection Agency incorporated by reference are available at no cost in the online edition of the Code of Federal Regulations (CFR) hosted by the United States Government Printing Office, online at www.govinfo.gov.

(ii) All other materials incorporated by reference may be examined at any state publications depository library, the Laboratory Services Division of the Department, or the Department at:

Colorado Department of Public Health and Environment Water Quality Control Division 4300 Cherry Creek Drive South Denver, Colorado 80246-1530

(303) 692-3500

(c) If the material incorporated by reference refers to other sections of the referenced document that conflict with current language of the Colorado Primary Drinking Water Regulations, the current language of the Colorado Primary Drinking Water Regulations takes precedence.

11.3 DEFINITIONS, ACRONYMS AND ABBREVIATIONS

Definitions of general applicability to the Colorado Primary Drinking Water Regulations are as specified here and shall be liberally construed to protect public health and the quality of drinking water supplied to the public. Additional definitions are specified throughout the Colorado Primary Drinking Water Regulations and are applicable to the rule in which they are defined. As used in the Colorado Primary Drinking Water Regulations:

(1) “4-LOG TREATMENT OF VIRUSES” means 99.99 percent inactivation and/or removal of viruses.

(2) “ACT” means the federal Public Health Service Act, as amended by the Safe Drinking Water Act, Public Law 93-523.

(3) “AVERAGE RESIDENCE TIME” means a point in the distribution system where treated water has been in the system for approximately half of its longest or maximum time in the system, as measured by water transport time. Sample locations between 25 and 75 percent of the maximum are considered to be representative of average residence time, provided that in total, the average of the selected locations approximate 50 percent of the maximum residence time and take into account population densities and their locations.

(4) “BACKFLOW CONTAMINATION EVENT” means backflow into a public water system from an uncontrolled cross connection such that the water quality no longer meets the Colorado Primary Drinking Water Regulations or presents an immediate health and/or safety risk to the public.

(5) “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.

(6) “BEST AVAILABLE TECHNOLOGY” or “BAT” means the best technology, treatment techniques, or other means that the EPA Administrator finds available, considering cost and after examination for efficacy under field conditions and not solely under laboratory conditions.

(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) “CERTIFIED LABORATORY” means a laboratory certified by the State of Colorado for analysis of drinking water.

(9) “COAGULATION” means a process using coagulant chemicals and mixing by which colloidal and suspended materials are destabilized and agglomerated into flocs.

(10) “COMBINED DISTRIBUTION SYSTEM” means an interconnected distribution system consisting of the distribution systems of wholesale systems and of the consecutive systems that receive finished water.

(11) “COMMUNITY WATER SYSTEM” means a public water system that supplies at least 15 service connections used by year-round residents or that regularly supplies at least 25 year-round residents.

(12) “COMPLIANCE CYCLE” means the nine-year calendar year cycle during which the supplier must monitor. Each compliance cycle consists of three three-year compliance periods.

(13) “COMPLIANCE PERIOD” means a three-year calendar year period within a compliance cycle.

(14) “CONSECUTIVE SYSTEM” means a public water system that receives some or all of its finished water from one or more wholesale systems. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems.

(15) “CONSTRUCTION” means the erection, building, modification, reconstruction, improvement or expansion of waterworks.

(16) “CONTAMINANT” means any physical, chemical, biological, or radiological substance or matter in water.

(17) “CONSUMER” means any person that has the opportunity to consume finished water from a public water system.

(18) “CONVENTIONAL FILTRATION TREATMENT” means a series of processes including coagulation, flocculation, sedimentation (or equivalent form of clarification), and granular media filtration resulting in substantial particulate removal.

(19) “CROSS CONNECTION” means any connection that could allow any water, fluid, or gas such that the water quality could present an unacceptable health and/or safety risk to the public, to flow from any pipe, plumbing fixture, or a customer’s water system into a public water system’s distribution system or any other part of the public water system through backflow.

(20) “CT” or “CTcalc” means the product of residual disinfectant concentration (C) in mg/L determined before or at the first customer, and the corresponding disinfectant contact time (T) in minutes (i.e., C x T).

(21) “CUSTOMER” means billing units or service connections that receive finished water.

(22) “DEPARTMENT” means the Colorado Department of Public Health and Environment as created by section 25-1-102(1), Colorado Revised Statutes.

(23) “DIATOMACEOUS EARTH FILTRATION” means a process resulting in substantial particulate removal in which (1) a precoat cake of diatomaceous earth filter media is deposited on a support membrane (septum), and (2) while the water is filtered by passing through the cake on the septum, additional filter media known as body feed is continuously added to the feed water to maintain the permeability of the filter cake.

(24) “DIRECT FILTRATION” means a series of processes including coagulation and filtration but excluding sedimentation resulting in substantial particulate removal.

(25) “DISINFECTANT” means any oxidant, including but not limited to chlorine, chlorine dioxide, chloramines, ozone, and ultraviolet light, added to water in any part of the treatment or distribution process that is intended to kill or inactivate pathogenic microorganisms.

(26) “DISINFECTANT CONTACT TIME” means the time in minutes that it takes for water to move from the point of disinfectant application, or the previous point of disinfectant residual measurement, to a point before or at the point where residual disinfectant concentration (C) is measured.

(27) “DISINFECTION” means a process that inactivates pathogenic microorganisms in water by chemical oxidants, ultraviolet light, or equivalent agents.

(28) “EMERGENCY SOURCE/CONNECTION” means a water facility that is only used as the result of extreme circumstances, and is otherwise kept offline. These facilities may be either connected or disconnected from a treatment plant/distribution system.

(29) “ENFORCEMENT ORDER” means an order issued for the purpose of notifying the supplier of a public water system that it is in violation of the Colorado Primary Drinking Water Regulations or for the purpose of requiring the supplier of a public water system to cease such violations.

Enforcement orders may prescribe corrective measures necessary to achieve compliance with the Colorado Primary Drinking Water Regulations.

(30) “ENTRY POINT” means a location before or at the first customer which is representative of finished water. The entry point may represent finished water from multiple treatment plants and/or multiple sources.

(31) “FILTRATION” means a process for removing particulate matter from water by passage through porous media.

(32) “FINISHED WATER” means water that is supplied to the distribution system of a public water system and intended for distribution and human consumption without further treatment, including disinfection contact time, except treatment as necessary to maintain water quality in the distribution system (e.g., booster disinfection, addition of corrosion control chemicals).

(33) “FIRST CUSTOMER” means the first potable water service connection that serves finished water.

Typically, the first customer is the water treatment plant’s domestic water system.

(34) “FLOCCULATION” means a process to enhance agglomeration or collection of smaller floc particles into larger, more easily settled particles through gentle stirring by hydraulic or mechanical means.

(35) “GROUNDWATER” means any water under the surface of the ground that is not surface water or groundwater under the direct influence of surface water.

(36) “GROUNDWATER SYSTEM” means a public water system that uses groundwater not under the direct influence of surface water as its sole source of water and does not include public water systems that combine all of their groundwater with surface water or groundwater under the direct influence of surface water before to treatment.

(37) “GROUNDWATER UNDER THE DIRECT INFLUENCE OF SURFACE WATER” or “GWUDI” means any water beneath the surface of the ground with:

(a) Significant occurrence of insects or other macro-organisms, algae, or large-diameter pathogens such as Giardia lamblia or Cryptosporidium; or

(b) Significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH, which closely correlate to climatological or surface water conditions.

(38) “INACTIVATION” means the use of a disinfectant (e.g., chorine, chloramines, ozone) to interrupt the ability of a pathogen to replicate therefore leaving it unable to infect.

(39) “LEAD FREE” means:

(a) Less than or equal to (≤) 0.2 percent lead when used with respect to solders and flux.

(b) A weighted average of less than or equal to (≤) 0.25 percent lead when used with respect to the wetted surfaces of pipes, pipe fittings, plumbing fittings, and fixtures.

(40) “LEVEL 1 ASSESSMENT” means an evaluation conducted by the supplier to identify sanitary defects, inadequate or inappropriate distribution system coliform sampling practices, and (when possible) the cause(s) that triggered the assessment. Minimum elements must include review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired, changes in distribution system maintenance and operation, including water storage, that could affect distributed water quality, source and treatment considerations that affect distributed water quality, existing water quality monitoring data, and inadequacies in sample sites, sampling protocol, and sample processing. The supplier must conduct the assessment consistent with any Department-specified directives based on the size and type of the system and the size, type, and characteristics of the distribution system.

(41) “LEVEL 2 ASSESSMENT” means an evaluation conducted by the Department or Department-approved party to identify sanitary defects, inadequate or inappropriate distribution system coliform sampling practices, and (when possible) the cause(s) that triggered the assessment. A Level 2 assessment is a more detailed examination of the system than a Level 1 assessment. A Level 2 assessment involves a comprehensive investigation and review of available information, additional internal and external resources, and other relevant practices. A Level 2 assessment must be completed by the Department or a Department-approved party. Minimum elements must include review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired, changes in distribution system maintenance and operation, including water storage, that could affect distributed water quality, source and treatment considerations that affect distributed water quality, existing water quality monitoring data, and inadequacies in sample sites, sampling protocol, and sample processing. If required by the Department, the supplier must comply with any expedited schedules or additional actions in the case of an E.coli violation.

(42) “LOCATIONAL RUNNING ANNUAL AVERAGE” or “LRAA” means the average of sample results for samples collected at a particular monitoring location during the most recent four calendar quarters. If the supplier fails to complete four consecutive quarters of sampling, the LRAA is based on the available sample results from the most recent four calendar quarters.

(43) “MAXIMUM CONTAMINANT LEVEL” or “MCL” means the maximum level of a contaminant allowed in drinking water, which is delivered to any consumer.

(44) “MAXIMUM CONTAMINANT LEVEL GOAL” or “MCLG” means the maximum level of a contaminant in drinking water at which no known or anticipated adverse effects on human health would occur, and which allows an adequate margin of safety. Maximum contaminant level goals are non-enforceable health goals.

(45) “MAXIMUM RESIDENCE TIME” means a point in the distribution system where the treated water has been in the system for the longest or maximum time, as measured by water transport time.

Sample locations between 90 and 100 percent of the maximum are considered to be representative of maximum residence time.

(46) “MAXIMUM RESIDUAL DISINFECTANT LEVEL” or “MRDL” means the level of a disinfectant added for water treatment that may not be exceeded at the consumer's tap without an unacceptable possibility of adverse effects on human health.

(47) “MAXIMUM RESIDUAL DISINFECTANT LEVEL GOAL” or “MRDLG” means the maximum level of a disinfectant added for water treatment at which no known or anticipated adverse effect on the human health would occur, and which allows an adequate margin of safety. MRDLGs are non-enforceable health goals and do not reflect the benefit of the addition of the chemical for control of waterborne microbial contaminants.

(48) “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.

(49) “NEW SOURCE” means a source not previously used by the public water system or a source not previously approved by the Department.

(50) “NON-COMMUNITY WATER SYSTEM” means a public water system that is not a community water system. A non-community water system is either a “transient, non-community water system” or a “non-transient, non-community water system.”

(51) “NON-TRANSIENT, NON-COMMUNITY WATER SYSTEM” means a public water system that regularly serves a population of at least 25 of the same people for at least six months per year and is not a community water system.

(52) “NON-TRANSIENT POPULATION” means the average number of people served per day during the year or normal operating period(s), who do not reside at the place supplied by the system, but have a regular opportunity to consume water produced by the system. Regular opportunity is defined as four or more hours per day, for four or more days per week, for six or more months per year.

(53) “NOTIFY” means to inform by written, verbal, or other means, unless otherwise stated.

(54) “PERSON” means an individual, corporation, company, association, partnership, municipality, or State, Federal, or tribal agency.

(55) “PLANS AND SPECIFICATIONS” means the technical design drawings and specifications for waterworks. For new waterworks, this also includes technical, financial, and managerial plans.

(56) “PLANT INTAKE” or “INTAKE” means the works or structures at the head of a conduit through which water is diverted from a source (e.g., river or lake) into the treatment plant.

(57) “POINT-OF-ENTRY TREATMENT DEVICE” or “POE” means a treatment device applied to the drinking water entering a house or building for the purpose of reducing contaminants in the drinking water distributed throughout the house or building.

(58) “POPULATION SUPPLIED” means the average daily population that occurs during the busiest month of the year or normal operating period(s). Population supplied is further defined as the sum of resident, non-transient, and transient populations.

(59) “PRESEDIMENTATION” means a preliminary treatment process used to remove gravel, sand and other particulate material from the source water through settling before the water enters the primary clarification and filtration processes in a treatment plant.

(60) “PUBLIC WATER SYSTEM” or “PWS” means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen service connections or regularly serves an average of at least 25 individuals daily at least 60 days per year. A public water system is either a community water system or a non-community water system. Such term does not include any special irrigation district. Such term includes:

(a) Any collection, treatment, storage, and distribution facilities under control of the supplier of such system and used primarily in connection with such system.

(b) Any collection or pretreatment storage facilities not under such control, which are used primarily in connection with such system.

(61) “PUBLIC WATER SYSTEM THAT HAULS WATER” means a public water system that delivers, by vehicle, finished water through a non-piped conveyance such as a vehicle mounted tank or container.

(62) “RECYCLE” means the act of returning recycle flows to a plant’s primary treatment process.

(63) “RECYCLE FLOWS” means any water, solid or semi-solid, generated by a plant’s treatment processes, operational processes, and residual treatment processes, that is returned to the plant’s primary treatment process.

(64) “RESIDENT POPULATION” means the average number of people whose primary residence is supplied by the system. The resident does not have to live at the residence for 365 days per year for it to be considered his/her primary residence.

(65) “RESIDUAL DISINFECTANT CONCENTRATION” means the concentration of disinfectant measured in mg/L in a representative sample of water.

(66) “RUNNING ANNUAL AVERAGE or “RAA” means the average of sample results for samples collected during the most recent four calendar quarters. If the supplier fails to complete four consecutive quarters of sampling, the RAA is based on the available sample results from the most recent four calendar quarters.

(67) “SANITARY DEFECT” means a defect:

(i) That could provide a pathway of entry for microbial contamination into the distribution system; or

(ii) That is indicative of a failure or imminent failure in a barrier that is already in place.

(68) “SEASONAL SYSTEM” means a non-community water system that is not operated as a public water system on a year-round basis, regardless of whether the system is pressurized or de-pressurized during the off-season. All seasonal systems must complete Department-approved start-up procedures before supplying water to the public each season.

(69) “SECONDARY MAXIMUM CONTAMINANT LEVELS or “SMCLs” means the maximum level of a contaminant allowed in water which is delivered to the consumer of a public water system. The SMCLs apply to public water systems and which, in the judgment of the EPA Administrator, are requisite to protect the public health. Contaminants added to the water under circumstances controlled by the consumer, except those resulting from corrosion of piping and plumbing caused by water quality, are excluded from this definition. The SMCLs are not enforceable, but are intended as guidelines. The SMCLs are defined in 40 CFR 143.3.

(70) “SEDIMENTATION” means a process for removal of solids before filtration by gravity or separation.

(71) “SERVICE CONNECTION” means a connection to a system that delivers water by constructed conveyance. The definition does not include connections that deliver water by a constructed conveyance other than a pipe if:

(i) The water is used exclusively for purposes other than residential uses (consisting of drinking, bathing, and cooking, or other similar uses);

(ii) The Department determines that an alternative water source to achieve the equivalent level of public health protection provided by the applicable Colorado Primary Drinking Water Regulations is provided for residential or similar uses for drinking and cooking; or

(iii) The Department determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level of protection provided by the applicable Colorado Primary Drinking Water Regulations.

(72) “SIGNIFICANT DEFICIENCY” means any situation, practice, or condition in a public water system with respect to design, operation, maintenance, or administration, that the state determines may result in or have the potential to result in production of finished drinking water that poses an unacceptable risk to health and welfare of the public served by the water system.

Significant deficiencies include, but are not limited to, defects in design, operation, or maintenance, or a failure or malfunction of the sources, treatment, storage, or distribution system that the Department determines to be causing, or have potential for causing, the introduction of contamination into the water delivered to consumers.

(73) “SMALL SYSTEM COMPLIANCE TECHNOLOGY” or “SSCT” means a treatment technology that is affordable (according to the affordability criteria set forth by the EPA) by small systems and allows systems to achieve compliance with the MCL or treatment technique.

(74) “SLOW SAND FILTRATION” means a process involving passage of raw water through a bed of sand at low velocity (generally less than 0.4 meters per hour (m/h)) resulting in substantial particulate removal by physical and biological mechanisms.

(75) “SOURCE” means the point at which a public water system diverts water from its natural or man-made origin.

(76) “SOURCE WATER SAMPLE” means a sample collected before any treatment that represents influent raw source water quality.

(77) “SPECIAL IRRIGATION DISTRICT” means an irrigation district in existence before May 18, 1994 that provides primarily agricultural service through a piped water system with only incidental residential or similar use where the system or the residential or similar users of the system comply with the exclusion provisions outlined in the definition of service connections.

(78) “SPECIAL PURPOSE SAMPLE” means a total coliform sample that is not collected in accordance with 11.16. Special purpose samples include samples that are taken to determine whether disinfection practices are sufficient following pipe placement, replacement, or repair.

Repeat samples collected pursuant to 11.16 are not considered special purpose samples and must be used to determine if the coliform treatment technique trigger has been exceeded. Special purpose samples will not be used to determine compliance with sampling requirements, the E.

coli MCL, or in determining if a treatment technique is triggered.

(79) “SPENT FILTER BACKWASH WATER” means a stream containing particles that are dislodged from filter media when water is forced back through a filter (backwashed) to clean the filter. Spent filter backwash water contains particles including coagulants, metals, and microbes such as Cryptosporidium.

(80) “STATE” means the State of Colorado.

(81) “SUPPLIER OF WATER” or “SUPPLIER” means any person who owns or operates a public water system.

(82) “SURFACE WATER” means any water source that is open to the atmosphere and subject to surface runoff. Groundwater found to be under the direct influence of surface water is classified as surface water.

(83) “SURFACE WATER SYSTEM” means a public water system that uses, in whole or in part, surface water or groundwater under the direct influence of surface water as a source of water.

(84) “TRANSIENT, NON-COMMUNITY WATER SYSTEM” means a non-community water system that serves a population of at least 25 people per day for at least 60 days per year and is not a non-transient, non-community water system or a community water system.

(85) “TRANSIENT POPULATION” means the average number of individuals served per day during the year or annual operating period(s), who have an opportunity to consume water from the system, but who do not meet the definition of either resident population or non-transient population.

(86) “TREATMENT TECHNIQUE REQUIREMENT” means a requirement that specifies a treatment technique(s) for a contaminant which leads to a sufficient reduction in the level of the contaminant to comply with the requirements of the Colorado Primary Drinking Water Regulations. A treatment technique may also be a requirement that is intended to prevent situations that have the potential to have serious adverse effects on human health.

(87) “VIOLATION” means failure to comply with any requirement of the Colorado Primary Drinking Water Regulations.

(88) “VIRUS” means a virus of fecal origin, which is infectious to humans by waterborne transmission.

(89) “WATERBORNE DISEASE OUTBREAK” means the significant occurrence of acute infectious illness, epidemiologically associated with the ingestion of water from a public water system which is deficient in treatment, as determined by the appropriate local or State agency.

(90) “WATERWORKS” means the facilities that are directly involved in the production, treatment, or distribution of water for public water systems.

(91) “WATER QUALITY CONTROL COMMISSION” means the commission that has been created within the Colorado Department of Public Health and Environment pursuant to section 25-8-201, Colorado Revised Statutes.

(92) “WATER VENDING AND DISPENSING MACHINES” means any device which, upon payment dispenses water into a container.

(93) “WHOLESALER” means any person who owns or operates and is legally responsible for a wholesale system.

(94) “WHOLESALE SYSTEM” means a public water system that treats source water as necessary to produce finished water and then delivers some or all of that finished water to another public water system. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems.

TABLE 11.3-I ACRONYMS AND ABBREVIATIONS

Term: Means:

AL Action Level BAT Best Available Technology C Disinfectant Concentration CCR Consumer Confidence Report CDC Centers for Disease Control and Prevention CFR Code of Federal Regulations CFU Colony-Forming Units CPDWR Colorado Primary Drinking Water Regulations CPE Comprehensive Performance Evaluation CT Disinfectant Concentration x Contact Time CTAP Comprehensive Technical Assistance Project EPA United States Environmental Protection Agency HAA5 Haloacetic Acids HPC Heterotrophic Plate Count IDSE Initial Distribution System Evaluation IFE Individual Filter Effluent LRAA Locational Running Annual Average LRV Log Removal Value LRVC-Test Removal Efficiency MCL Maximum Contaminant Level MCLG Maximum Contaminant Level Goal MFL Million Fibers per Liter mJ/cm2 Millijoules per Square Centimeter MPN Most Probable Number MRDL Maximum Residual Disinfectant Level MRDLG Maximum Residual Disinfectant Level Goal mrem Millirems nm Nanometers NPDWR National Primary Drinking Water Regulations NTU Nephelometric Turbidity Unit PCB Polycarbonated Biphenyls pCi Picocurie ppb Parts Per Billion, or Micrograms (10-6) per Liter (mg/L) ppm Parts Per Million, or Milligrams (10-3) per Liter (mg/L) ppq Parts Per Quadrillion, or Picograms (10-12) per Liter (pg/L) ppt Parts Per Trillion, or Nanograms (10-9) per Liter (ng/L) PVC Polyvinyl Chloride QCRV Quality Control Release Value RAA Running Annual Average SMCL Secondary Maximum Contaminant Level SSCT Small System Compliance Technology SOC Synthetic Organic Chemical SUVA Specific Ultraviolet Absorbance T Disinfectant Contact Time

TOC Total Organic Carbon TTHM Total Trihalomethanes UV Ultraviolet VOC Volatile Organic Chemical

11.4 PLANS APPROVAL FOR THE LOCATION AND CONSTRUCTION OF WATERWORKS

11.4(1) Prior Approval Requirements

(a) For new community or non-transient, non-community water systems, the supplier must not begin construction of the new water system until the supplier completes and receives Department approval of a capacity (technical, managerial and financial) assessment using the criteria found in the New Public Water System Capacity Planning Manual.

(b) For all public water systems, the supplier must not begin construction of any new waterworks, make improvements to or modify existing waterworks, or begin using a new source until the supplier submits and receives Department approval of plans and specifications for such construction, improvements, modifications, or use.

(i) “BEGIN CONSTRUCTION” means initiation of the physical effort to construct a project, excluding engineering, architectural, legal, fiscal and economic investigations, studies, and completion of plans and specifications, and surveys. Physical effort includes, but is not limited to, site clearance, excavation, construction, or the establishment of an office or construction building on site.

(ii) “NEW WATERWORKS” means:

(A) Any newly constructed public water system; or

(B) An existing system that becomes, by definition, a public water system by extending its infrastructure through physical expansion by virtue of increasing the number of connections, the number of individuals served, or by extending the number of days of service.

(iii) For community water systems, a Professional Engineer registered in the State of Colorado must design all treatment systems.

(iv) Decisions regarding the review and approval of plans and specifications for new waterworks or improvements or modifications to existing waterworks shall be based on conformance to the design criteria developed by the Department specified in Policy DW- 005, State of Colorado Design Criteria for Potable Water Systems.

(v) The Department shall grant approval upon finding that the proposed facilities conform to the design criteria specified in Policy DW-005, State of Colorado Design Criteria for Potable Water Systems, and are capable of continuously complying with all applicable laws, standards, rules and regulations.

11.4(2) Siting Requirements

Waterworks must avoid being located at a site which:

(a) Is subject to a significant risk from earthquakes, floods, fires or other disasters which could cause a breakdown of the public water system or a portion of the public water system; or

(b) Is within the floodplain of a 100-year flood, except for intake structures.1

(i) The Department shall not seek to override land use decisions affecting public water systems siting which are made at the local government level.

1 Records of the 100-year projections are available at the office of the Colorado Water Conservation Board, 1313 Sherman Street, Denver, Colorado 80203.

11.4(3) Department Review Procedures

(a) No later than 45 days after receiving a request for approval of a complete set of final plans and specifications for new waterworks or improvements or modifications to existing waterworks, the Department shall review the submitted documents and provide one of the following decisions in writing regarding the plans and specifications:

(i) Approval.

(ii) Conditional approval.

(A) If the supplier refuses to accept any conditions of a conditional approval, it constitutes a denial.

(iii) Denial, including the reason for the denial.

(iv) To place the review on hold and include a list of items which must be addressed by the responsible party before further action by the Department regarding review and approval.

(b) Approval of plans and specifications for new waterworks or improvements or modifications to existing waterworks expires one year from the date of written approval if the supplier has not begun construction.

(i) For expired approvals, if the supplier resubmits the previously approved plans and specifications to the Department for review and approval, the Department may reinstate an expired approval.

11.4(4) Procedures Upon Denial

If the Department denies approval of plans and specifications for new waterworks or improvements or modifications to existing waterworks, or if the supplier refuses to accept any conditions of a conditional approval, the supplier may request a hearing to contest the denial.

(a) Requests for a hearing must:

(i) Be filed in writing with the Department no later than 30 days after service of the statement of denial.

(ii) State the grounds on which the denial is being contested.

(iii) State the amount of time the supplier estimates will be required for the hearing.

(b) The hearing regarding the denial shall be held in accordance with applicable provisions of Article 4 of Title 24, Colorado Revised Statutes.

11.5 MONITORING PLAN RULE

11.5(1) Applicability

For all public water systems, the supplier must comply with the monitoring plan requirements specified in this rule.

11.5(2) General Requirements

(a) The supplier must develop and implement a monitoring plan which must ensure that the water quality monitoring performed by the supplier is representative of the water supplied to consumers and is consistent with regulatory requirements of the Colorado Primary Drinking Water Regulations.

(b) The supplier must maintain the monitoring plan and make it available for inspection by the Department.

11.5(3) Monitoring Plan Required Elements

(a) The supplier must include all of the following information in the monitoring plan:

(i) Part 1 - System Summary:

(A) The Colorado public water system identification number (PWSID).

(B) The full name of the supplier (e.g., the name of a corporation, LLC, partnership, sole proprietor, HOA, etc.).

(C) The system’s mailing address.

(D) The name of the supplier’s authorized contact person(s) responsible for the development and implementation of the monitoring plan, if other than the supplier.

(E) The telephone number of the supplier or the supplier’s authorized monitoring plan contact person.

(F) The system’s classification (i.e., community, non-transient, non-community, or transient, non-community).

(G) The total population supplied by the system, by population type (i.e., the number of resident, non-transient, and transient consumers).

(H) The physical addresses of all system facilities, including master meters, and the latitude and longitude of all facilities.

(I) The physical location of all records required under 11.36.

(ii) Part 2 - Water Sources Details:

(A) Identification of all water sources capable of being used by the system, (i.e., those connected by conveyances, whether currently producing or not).

(B) A schematic, diagram or sketch showing how the flow from each source is connected to the treatment processes and the distribution system.

(iii) Part 3 - Water Treatment Details:

(A) A summary of the system’s operating characteristics.

(B) A schematic of the water treatment plant(s) identifying:

(I) All treatment processes, including all chemical feed points, and the associated periods of operation that were assumed in the design of the monitoring plan (e.g., use of peaking facilities, alternative water sources, maintenance schedules that take facilities offline, etc.).

(II) All treatment plant monitoring locations.

(iv) Part 4 - Distribution System Details:

(A) A schematic of the distribution system identifying all of the following:

(I) All entry points.

(II) All treatment facilities located after the entry point(s) (e.g., booster chlorination).

(III) All storage facilities and finished water reservoirs.

(IV) All distribution system sampling locations.

(V) All master meters to other public water systems.

(VI) All pump stations.

(v) Part 5 - Individual Rule Sampling Plans:

(A) For each applicable monitoring or sampling requirement:

(I) The frequency and approximate time of collection.

(II) The monitoring and sampling location identification and associated identification number.

(III) The justification for distribution system monitoring location selections and, if appropriate, the justification for all other monitoring and sampling location selections.

(IV) The sample preservation, quality assurance, and quality control procedures, including procedures for equipment calibration.

(V) The analysis procedure (i.e., certified laboratory or on-site by a Department-approved party).

(VI) The monitoring and sampling results presentation format.

(VII) Procedures to assess and report compliance status for MCLs, MRDLs, action levels, treatment techniques and, if applicable, disinfection byproduct precursor removal efficiency.

(VIII) A process to review and update the selected distribution system monitoring and sampling locations to account for changes due to growth or other significant changes to the distribution system.

(b) The supplier may use one schematic if it includes all elements specified in 11.5(3)(a)(ii-iv).

11.5(4) Monitoring Plan Reporting Requirements

(a) For new systems, the supplier must submit the information specified in 11.5(3)(a)(i-iv) to the Department no later than the 10th of the month following the end of the first quarter in which monitoring is required.

(i) For surface water systems supplying greater than (>) 3,300 people, the supplier must also submit a copy of the Individual Rule Sampling Plan for the following no later than the date the supplier collects the first sample: 11.23: Maximum Residual Disinfectant Levels Rule, 11.24: Disinfection Byproduct Precursors Rule, 11.25(2): Chlorite, and 11.25(3):

Bromate.

(A) The Department may review and require the supplier to revise the sampling plan.

(b) The supplier must submit the Individual Rule Sampling Plan information specified in 11.5(3)(a)(v) to the Department as specified in the following rules: for integrated systems in 11.42(4), for the Disinfection Byproducts Rule in 11.25(1)(d), for the Groundwater Rule: Disinfection Waivers in 11.13(2), and for the Revised Total Coliform Rule in 11.16(3).

11.5(5) Monitoring Plan Revisions

The supplier must submit any changes to the monitoring plan no later than 30 days after the effective date of the change.

11.6 RESERVED

11.7 RESERVED

11.8 SURFACE WATER TREATMENT RULE

11.8(1) General Requirements

(a) Applicability and Definitions

(i) For all surface water systems, the supplier must comply with the requirements specified in this rule.

(ii) “COMBINED FILTER EFFLUENT” means a location representative of the filtered water quality which includes the filter effluent of all filters in use at any given time and is as close as practical to the point where all individual filter effluents…