Current through Register Vol. 47, No. 5, March 10, 2024
11.14(1)
Applicability and Definitions
(a) For all public water systems that utilize
direct potable reuse, the supplier must comply with the requirements specified
in this rule.
(b) Unless more
stringent requirements are specified in this rule, the supplier must comply
with requirements in Regulation 11 for a surface water system as defined in
11.3(83).
(i) The requirements of this rule
constitute the regulations for direct potable reuse in addition to surface
water treatment requirements specified in 11.8, 11.9, and 11.10.
(c) "ACTION LIMIT" means a limit
at a critical control point that, when exceeded, triggers a response to prevent
a potential human health hazard.
(d) "ADVANCED OXIDATION PROCESS" means a set
of chemical treatment processes whereby oxidation of organic contaminants
occurs on a molecular level through reactions with hydroxyl radicals or
similarly aggressive radical oxidant species. The process breaks down
recalcitrant organic molecules into smaller oxidized organic
fragments.
(e) "ALERT LIMIT" means
a limit at a critical control point that, when exceeded, alerts an operator
that a potential problem may require a response.
(f) "BYPASS" means, for the purposes of
direct potable reuse, the intentional diversion of waste streams from any
portion of a non-domestic source's treatment facility.
(g) "CONSTITUENT(S) OF CONCERN" means
potentially harmful or difficult to treat substances that could cause treatment
interference, pass through, or a violation either of a treatment technique
requirement or of an MCL specified in 11.45 in finished drinking water.
Constituents of concern include target chemicals.
(h) "CRITICAL CONTROL POINT" means a
treatment process or a portion of a treatment process designed to reduce,
prevent, or eliminate a human health hazard.
(i) "CRITICAL CONTROL POINT MONITORING" means
the approved parameters and methods used to monitor the effectiveness and
status of treatment at each critical control point. Critical control point
monitoring indicates whether the performance of the critical control point is
achieving treatment goals. Action and alert limits must be associated with
critical control point monitoring.
(j) "CRITICAL CONTROL POINT MONITORING
LOCATION" means an approved location where effectiveness and status of each
critical control point is monitored. Each critical control point must have at
least one approved critical control point monitoring location.
(k) "DIRECT POTABLE REUSE" means using a
series of processes that produce finished drinking water utilizing a source
containing treated wastewater that has not passed through an environmental
buffer.
(l) "ENVIRONMENTAL BUFFER"
means either a surface water or groundwater aquifer that causes adequate
dilution or natural attenuation of pathogenic and chemical contaminants.
Wastewater effluent from a permitted (e.g. Colorado Discharge Permit System)
wastewater treatment plant that has been discharged to a surface water body is
considered to have passed through an environmental buffer. For new waterworks,
the Department shall determine if a source containing wastewater effluent
passes through an environmental buffer during review of plans and
specifications in 11.4.
(m)
"INDICATOR COMPOUND" means a chemical compound that has chemical properties
that make it removable by some treatment processes but that may be recalcitrant
to others. Indicator compounds are indicative of other compounds in that family
of compounds and can be used to monitor the efficacy of removal of that group
of compounds by a critical control point.
(n) "INTERFERENCE" means a discharge from a
non-domestic source which alone or in conjunction with a discharge or
discharges from other sources that inhibits or disrupts the supplier's
treatment processes or operations that has a significant potential to have
serious adverse effects on public health or to cause a violation either of a
treatment technique requirement or of an MCL specified in 11.45 in finished
drinking water.
(o) "METROPOLITAN
SEWAGE DISPOSAL DISTRICT" means a district organized under Part 5,
Article
4 of Title
32, Colorado Revised Statutes. A
Metropolitan Sewage Disposal District is a type of wastewater entity.
(p) "NON-DOMESTIC SOURCE" means
all industrial or commercial sources of wastewater to a wastewater treatment
plant that are subject to National Pretreatment Standards and any other source
that may adversely affect the waterwork's operation or has a significant
potential to have serious adverse effects on public health or to cause a
violation either of a treatment technique requirement or of an MCL specified in
11.45 in finished drinking water. Non-domestic source(s) that are determined to
be Non-Significant pursuant to the criteria and procedures developed under
11.14(4)(a)(i)(B)(II) are exempt from individual permitting or other individual
control mechanisms under the Enhanced Source Water Control Program.
(q) "OXIDIZED WASTEWATER" means wastewater in
which the organic matter has been stabilized, is non-putrescible, and contains
dissolved oxygen.
(r) "PASS
THROUGH" means a condition where a constituent of concern enters the waterworks
in quantities or concentrations that have a significant potential to have
serious adverse effects on public health or to cause a violation either of a
treatment technique requirement or of an MCL in finished drinking water as
specified in 11.45.
(s)
"RECALCITRANT TOTAL ORGANIC CARBON (rTOC)" means the total organic carbon (TOC)
present in finished water that ultimately becomes treated
wastewater. The recalcitrant TOC differs from anthropogenic TOC present in
wastewater in that it may not be efficiently removed by the wastewater
treatment plant and will be a component of the TOC in the treated
wastewater.
(t) "TARGET
CHEMICAL" means any unregulated chemical causing a potential human health
concern that may be present in the treated wastewater.
(u) "TREATED WASTEWATER" means any water
source from a wastewater treatment plant that has undergone a treated
wastewater characterization for either enhanced wastewater treatment or
secondary wastewater treatment as defined in the Direct Potable Reuse
Policy and originates from a wastewater treatment plant that has
liquid stream treatment processes that, at a minimum, are designed and operated
to produce oxidized wastewater to achieve a defined source water quality for
additional treatment by a supplier utilizing direct potable reuse.
(v) "WASTEWATER TREATMENT PLANT" means an
arrangement of devices and structures for collecting, treating, neutralizing,
stabilizing, or disposing of domestic wastewater, industrial wastes, and
biosolids. For purposes of direct potable reuse, a wastewater treatment plant
does not include industrial wastewater treatment plants or complexes whose
primary function is the treatment of industrial wastes, notwithstanding the
fact that human wastes generated incidentally to the industrial process are
treated therein.
11.14(2)
Prior Approval
Requirements
(a) The supplier may not
commence direct potable reuse without prior written Department approval of an
application for direct potable reuse, a technical, managerial, and financial
capacity assessment using the criteria found in the New Public Water
System Capacity Planning Manual, and plans and specifications for
construction of new waterworks.
(b)
The supplier must submit an application for direct potable reuse for Department
approval prior to submission of plans and specifications for construction of
new waterworks in accordance with 11.4(1)(b) for the direct potable reuse
treatment facility. The application must contain all of the following:
(i) A communications and outreach plan to
inform consumers of the direct potable reuse project with all of the elements
specified in 11.14(3).
(A) The supplier must
submit a copy of the public notification of the intent to apply for direct
potable reuse along with certification that states that the supplier has fully
complied with the notification requirements in 11.14(3)(a)(ii).
(ii) An enhanced source water
control plan with all of the elements specified in 11.14(4). The plan provided
with the application must include a copy of any agreement(s) with a wastewater
entity to implement the enhanced source water control program.
(iii) A direct potable reuse operations plan
with all of the elements specified in 11.14(5).
(iv) At least one year of monitoring results
of the treated wastewater specified in 11.14(6)(b)(i)-(ii).
(c) Department written approval of
an application for direct potable reuse shall specify conditions for the
communications and public outreach program, the enhanced source water control
program, and the direct potable reuse operations program.
11.14(3)
Communications and Public
Outreach Program
(a)
Requirements for a Communications and Public Outreach
Program(i) The supplier must
develop a written plan for a communications and public outreach program. The
communications and public outreach program must be conducted in a manner that
allows for meaningful involvement and fair treatment of Disproportionately
Impacted (DI) communities, as defined in C.R.S.
24-4-109(2)(b)(II),
or as approved by the Department. The written communications and public
outreach plan must include information the supplier intends to distribute that
includes at least all of the following content in language that is
understandable to those without a technical background in the subject matter:
(A) The name, business address, and phone
number for the supplier or designee that the consumer may contact for
additional information about the direct potable reuse project.
(B) An explanation of what direct potable
reuse is and the reasons for the supplier's implementation of direct potable
reuse.
(C) A description and/or
depiction of the supplier's proposed direct potable reuse project, including:
(I) The critical control points utilized to
reduce pathogens and chemicals in accordance with 11.14(5)(a)(i)(E) and
11.14(5)(a)(i)(G).
(II) The
critical control point monitoring and critical control point monitoring
locations utilized within the direct potable reuse treatment plant in
accordance with 11.14(5)(a)(i)(F), (H), and (I). The description must include
how sampling at these monitoring locations is used to demonstrate effective
reduction of pathogens, indicator compounds, and target chemicals.
(III) The alert and action limits. For action
limit exceedances, a description must be included of the procedures for process
shutdown or diversion, including provisions for an automated response, and must
specify the fate of any water sent to waste in accordance with
11.14(5)(a)(i)(K).
(D)
Identification of the wastewater treatment plant that serves as the source for
the direct potable reuse project.
(E) The service area(s) that will be supplied
with finished water from the direct potable reuse project.
(F) A statement that direct potable reuse is
regulated by the Department under Regulation 11 and information on how to
access Regulation 11.
(G) Other
information as determined by the Department on a project-specific
basis.
(ii) At least 60
calendar days prior to submitting an application for direct potable reuse, the
supplier must notify by mail or by another Department-approved method all of
its consumers of its intention to apply for and implement direct potable reuse.
Prior to distribution of the notice, the supplier must make information
specified in 11.14(3)(a)(i)(A-F) publicly available with the ability for
consumers to provide public comment.
(b)
Distribution of Communication
and Public Outreach Materials.
(i) The supplier must deliver the information
specified in 11.14(3)(a)(i) in all of the following methods:
(A) A local, publicly accessible repository
that contains information including but not limited to the information required
in 11.14(3)(a)(i) with a means for the public to submit questions and comments,
obtain responses from the supplier and engage with the supplier. This
repository must be active when the supplier complies with
11.14(3)(b)(i)(B).
(B) At least one
notification by mail or by another Department-approved method to all of its
consumers prior to the public meeting required by 11.14(3)(b)(i)(C).
(C) At least one public meeting must be held
at least six months prior to serving finished water from direct potable
reuse.
(D) At least one additional
method as approved by the Department.
(E) For systems supplying a large proportion
of non-English speaking consumers, as determined by the Department, for the
information in 11.14(3)(a)(i)(A-G) that is distributed per 11.14(3)(b)(i)(A-D),
the supplier must include either:
(I)
Information in the appropriate language(s).
(II) A telephone number, email address or
address where the consumer may contact the supplier to obtain a translated copy
of written communication or request assistance in the appropriate language for
written and oral communications.
(c)
Reporting Requirements for
Communications and Public Outreach Materials
(i) No later than 30 days before production
of finished water from a direct potable reuse waterworks, the supplier must
submit documentation to the Department that includes all of the following:
(A) A copy of the public outreach notices
distributed in 11.14(3)(b)(i)(B) that meet the content requirements in
11.14(3)(a)(i).
(B) The date(s) and
location(s) of public meeting(s).
(C) A description of the completed additional
distribution method for public outreach approved by the Department in
11.14(3)(b)(i)(D).
(D) A
description of how the supplier conducted outreach in a manner that allowed for
meaningful involvement and fair treatment of Disproportionately Impacted (DI)
communities, including a summary of engagement and responses from DI
communities, if applicable.
(E) A
certification that the supplier has fully complied with the communications and
public outreach requirements.
(d)
Violations for Communications
and Public Outreach Program(i)
The following constitute communications and public outreach program violations:
(A) Failure to distribute materials as
required in 11.14(3)(b).
(B)
Failure to report materials as required in 11.14(3)(c).
(e)
Response to
Violations for Communications and Public Outreach Program
(i) In the event of a communications and
public outreach program violation as specified in 11.14(3)(d), the supplier
must:
(A) Notify the Department no later than
48 hours after the violation occurs.
(B) Distribute Tier 3 public notice as
specified in 11.33.
11.14(4)
Enhanced Source Water Control
Program
(a)
Requirements
for an Enhanced Source Water Control Program
(i) The supplier must develop and maintain a
written enhanced source water control program in accordance with the
Enhanced Source Water Control Program Policy. The program must
demonstrate how the supplier will reduce, eliminate, or alter the nature of
constituents of concern including target chemicals in treated wastewater
sufficient to meet the criteria for the critical control point monitoring
ranges for direct potable reuse through the characterization of sources
contributing to the influent of a wastewater treatment plant. At a minimum, the
written enhanced source water control program must include all of the following
information:
(A) The supplier's legal
authority through written agreements, including applicable interagency
agreements between the supplier and the wastewater entity to implement the
enhanced source water control program; ordinances; and/or permits to ensure
implementation of the enhanced source water control program, including an
enforcement response plan and guide.
(B) The criteria and procedure(s) that will
be used to:
(I) Develop and implement
prohibitions, standards, and limits to protect the waterworks from
interference, bypass, and pass through.
(II) Determine that a non-domestic source or
group of non-domestic sources is "Non-Significant" upon a finding that the
non-domestic source will not adversely affect operation of the waterworks,
including pass through or interference, or has no significant potential to have
serious adverse effects on public health or to cause a violation either of a
treatment technique requirement or of an MCL specified in 11.45 in finished
drinking water. Where a non-domestic source or group of non-domestic sources is
determined to be "Non-Significant," the procedure must include documentation of
agreement of the determination between the supplier and the wastewater
treatment plant or metropolitan disposal district.
(C) Recordkeeping requirements for the
wastewater treatment plant and non-domestic sources in addition to the
Department's requirements.
(D)
Legal authority to inspect, perform investigatory sampling, and access and copy
relevant records of the wastewater treatment plant providing the treated
wastewater, the non-domestic sources, and hauled wastes within or to the
service area of the wastewater treatment plant.
(E) The process that will be used to identify
and track contaminants of concern including a non-domestic source inventory, a
chemical inventory, and a review of the wastewater treatment plant's hauled
waste program. The process shall include tracking of monitoring, inspection and
enforcement activities used to control sources of contaminants of
concern.
(F) A legally enforceable
response plan for source water quality deviations.
(G) Where applicable, a description of how
the enhanced source water control program will be implemented by the wastewater
entity through its approved pretreatment program or equivalent NPDES or CDPS
discharge permit program, as set forth in 11.14(4)(a)(ii)(A-B).
(H) Where applicable, a description of the
specific procedures, including required timeframes, for the wastewater entity
implementing the enhanced source water control program to provide the supplier
with notifications of new or substantially changed pollutants from non-domestic
sources as set forth in 11.14(4)(a)(vi).
(ii) The supplier must ensure the enhanced
source water control program is properly implemented and specify to the
Department the entity that will implement each element of the program in
accordance with the
Enhanced Source Water Control Program
Policy. Implementation will depend upon the wastewater treatment plant
or metropolitan sewage disposal district that provides treated wastewater for
direct potable reuse. The supplier must specify in the enhanced source water
control program how the program will be implemented based on the criteria
below.
(A) If the wastewater treatment plant
or metropolitan sewage disposal district that provides treated wastewater has
an approved national pretreatment program that meets the requirements of 40 CFR
Part 403 (General Pretreatment Regulations for Existing and New Sources of
Pollution), the supplier must ensure that the wastewater entity or metropolitan
sewage disposal district implements the enhanced source water control program
in conjunction with its approved pretreatment program. Agreements must be
provided to the Department specifying how the wastewater treatment plant or
metropolitan sewage disposal district will implement enhanced source water
control on behalf of the supplier, including identifying elements of the
approved pretreatment program that will be used for enhanced source water
control.
(B) If the wastewater
treatment plant or metropolitan sewage disposal district that provides treated
wastewater has a NPDES or CDPS discharge permit, but does not have an approved
national pretreatment program that meets the requirements of 40 CFR Part 403
(General Pretreatment Regulations for Existing and New Sources of Pollution),
then the supplier must ensure that the enhanced source water control program is
implemented by the permit holder in coordination with the supplier and contains
equivalent components to an approved national pretreatment program as
applicable to enhanced source water control. The supplier shall confirm that
the discharge permit includes required prohibited discharges and categorical
pretreatment standards from 40 CFR Part 403 (General Pretreatment Regulations
for Existing and New Sources of Pollution).
(C) If the wastewater treatment plant or
metropolitan sewage disposal district that provides treated wastewater does not
have a NPDES or CDPS discharge permit, then the supplier must establish and
implement the enhanced source water control program in its entirety. The
supplier shall ensure that the enhanced source water control program contains
equivalent components to an approved national pretreatment program under 40 CFR
Part 403 (General Pretreatment Regulations for Existing and New Sources of
Pollution) as applicable to enhanced source water control, including prohibited
discharges and categorical pretreatment standards.
(iii) The supplier must submit for Department
review and approval any significant modifications to the previously approved
enhanced source water control program prior to implementing such
modifications.
(iv) At a minimum,
the supplier must review and update the written enhanced source water control
program at least every three years, or on a frequency determined by the
Department based on changes within the service area of the wastewater treatment
plant or the presence of contaminants of concern not adequately addressed in
the existing program. The enhanced source water control program must be signed
and dated by the authorized signatories of the supplier and the wastewater
entity or metropolitan sewage disposal district.
(v) The Department may request, review, or
require revisions to the supplier's written enhanced source water control
program. The supplier must demonstrate that the written enhanced source water
control program is being implemented by maintaining legal authority to direct,
access and maintain records of all activities necessary for implementation of
the written enhanced source water control program.
(vi) The supplier shall require all
non-domestic sources that are subject to the enhanced source water control
program to notify the entity implementing the enhanced source water control
program of any new introductions of pollutants by new or existing non-domestic
sources or any substantial change in pollutants from any non-domestic sources
no later than 30 calendar days before the introduction or change. Such notice
must identify:
(A) Any substantial change in
the volume or character of pollutants being introduced into the wastewater
collection system by any non-domestic source.
(B) The identity of the non-domestic
source.
(C) The nature and
concentration of pollutants in the discharge that could cause pass through or
interference.
(D) The average and
maximum flow of the discharge to be introduced into the wastewater collection
system.
(E) The supplier must
document any anticipated impact of the change on the quantity or quality of
treated wastewater to be received by the waterworks.
(vii) The supplier must submit an annual
enhanced source water control program report documenting program status and
activities during the previous calendar year by no later than May 1st of each
calendar year. The report must include all of the following:
(A) A summary of the status of non-domestic
source compliance during the reporting period.
(B) A summary of compliance and enforcement
activities, including inspections, conducted by the supplier during the
reporting period.
(C) A current
inventory of non-domestic sources that contribute to constituents of
concern.
(b)
Violations for Enhanced Source Water Control
(i) The following constitute enhanced source
water control program violations:
(A) Failure
to maintain or implement the approved enhanced source water control
program.
(B) Failure to submit an
enhanced source water control program report as specified in
11.14(4)(a)(vii).
(c)
Response to Violations for
Enhanced Source Water Control(i)
In the event of an enhanced source water control program violation as specified
in 11.14(4)(b), the supplier must:
(A) Notify
the Department no later than 48 hours after the violation occurs.
(B) Distribute Tier 3 public notice as
specified in 11.33.
11.14(5)
Direct Potable Reuse
Operations Program
(a)
Requirements for a Direct Potable Reuse Operations
Program(i) The supplier must
develop a written plan for a direct potable reuse operations program that
demonstrates how the supplier or wastewater entity will operate wastewater
treatment processes and direct potable reuse to deliver finished water that
meets the pathogen and chemical reduction treatment technique requirements in
11.14(7) and 11.14(8). At a minimum, the direct potable reuse operations
program must include all of the following:
(A) Certification that the water and
wastewater systems are operated by certified operators at the appropriate
certification levels for each facility.
(B) A communications plan describing the
schedule and method for communications between water and wastewater
operators.
(C) A preliminary
operations manual that details standard operating protocols at the wastewater
system, water treatment system, and water distribution system.
(D) A characterization of the treated
wastewater based on monitoring under 11.14(6)(b) to identify alert and action
limits prior to the water treatment plant.
(E) Identification of each critical control
point for pathogen reduction to comply with 11.14(7).
(F) Identification of critical control point
monitoring and critical control point monitoring locations to be monitored to
evaluate the effectiveness of critical control points for pathogen
reduction.
(G) Identification of
each critical control point for chemical reduction to comply with
11.14(8).
(H) The identification of
indicator compounds, critical control point monitoring, and critical control
point monitoring locations that indicate whether treatment goals at each
critical control point for chemical reduction are being met.
(I) Identification of target chemicals that
are present in treated wastewater and targeted for removal or reduction. The
supplier must specify targeted removal rates to be removed at each critical
control point.
(J) Identification
of critical control point monitoring and critical control point monitoring
locations to be monitored to evaluate the effectiveness of critical control
points for chemical reduction.
(K)
Identification of alert limits and action limits at each critical control point
with an associated action plan with deadlines for addressing alert limit and
action limit exceedances. For action limit exceedances, procedures must include
but not be limited to provisions for process shutdown or diversion, including
provisions for an automated response, and must specify the fate of any water
sent to waste.
(L) A direct potable
reuse process schematic that identifies each critical control point for
pathogen and chemical reduction and the critical control point for treated
wastewater within the wastewater treatment plant.
(M) Identification of a critical control
point dashboard that allows for online monitoring for display to the supplier's
wastewater and water treatment operator(s).
(N) A communications plan describing how the
supplier will maintain the following forms of communication with the public:
(I) The local, publicly accessible repository
of information required in 11.14(3)(b)(i)(A).
(II) The methods and frequency for continued
communications with the public about direct potable reuse operations, status,
and water quality, including situations requiring public notice under
11.33.
(ii)
The supplier may develop a microbial risk assessment of its treated wastewater
based on pathogen monitoring as defined in the Direct Potable Reuse
Policy. After completion of the assessment, the Department may approve
treatment technique requirements for pathogen reduction less than those
specified in 11.14(7)(b)(ii) but not less than those specified in
11.14(7)(b)(iii).
(iii) The
supplier must submit for Department review and approval any significant
modifications to the previously approved direct potable reuse operations
program prior to initiating such modifications.
(iv) The Department may request, review, or
require revisions to the supplier's written direct potable reuse operations
program.
(b)
Violations for Direct Potable Reuse Operations Program
(i) The following constitutes direct potable
reuse operations program violations:
(A)
Failure to maintain or implement the direct potable reuse operations
program.
(c)
Response to Violations for Direct Potable Reuse Operations
Program(i) In the event of a
direct potable reuse operations program violation as specified in
11.14(5)(b)(i), the supplier must:
(A) Notify
the Department no later than 48 hours after the violation occurs.
(B) Distribute Tier 3 public notice as
specified in 11.33.
11.14(6)
Treated Wastewater
Control
(a)
Requirements
for Treated Wastewater Control
(i) The supplier must regularly verify that
the treated wastewater is within Department-approved action limits or that
corresponding corrective actions are taken within the approved timeframe.
(b)
Monitoring Requirements for Treated Wastewater Control
(i) Prior to submitting an application for
direct potable reuse, the supplier must ensure monitoring occurs at a critical
control point monitoring location. The supplier and wastewater entity can
determine through agreement how the parties will effectuate the monitoring
requirements. The monitoring must occur at a critical control point
representing treated wastewater for all of the following:
(A) Continuously monitor and record the
monitoring results at least every 15 minutes for the following parameters for
12 consecutive months.
(I) Ammonia.
(II) Conductivity.
(III) pH and temperature.
(IV) Turbidity.
(V) Ultraviolet absorption, in 1/m, at a
wavelength of 254 nm (i.e., UV254) that has been correlated with Total Organic
Carbon (TOC).
(VI) Flow rate of
treated wastewater.
(B)
Monitor at least one sample each month for 12 consecutive months for the
following parameters:
(I) Nitrate and
nitrite.
(II) Inorganic chemicals
specified in 11.19(2).
(III)
Organic chemicals specified in 11.21(2).
(IV) Radionuclides specified in
11.22(2).
(V) Disinfection
byproducts specified in 11.25(1).
(VI) Lead and copper.
(ii) Prior to submitting an
application for direct potable reuse, the supplier must monitor within the
distribution system at locations defined in the Direct Potable Reuse
Policy once per month for 12 consecutive months for TOC in order to
determine the recalcitrant total organic carbon (rTOC).
(iii) While operating direct potable reuse,
the supplier must ensure monitoring occurs at an approved critical control
point monitoring location. The supplier and wastewater entity can determine
through agreement how the parties will effectuate the monitoring requirements.
The monitoring must occur at a critical control point representing treated
wastewater for all of the following:
(A)
Continuously monitor and record the monitoring results at least every 15
minutes for the following parameters:
(I)
Ammonia.
(II)
Conductivity.
(III) pH.
(IV) Turbidity.
(V) UV254 that has been correlated with
TOC.
(VI) Flow rate of treated
wastewater.
(VII) Other parameters,
as determined by the Department.
(B) Monitor at least one sample each month
for the following parameters:
(I) Nitrate and
nitrite.
(II) Other parameters, as
determined by the Department.
(C) Monitor at least one sample each year for
parameters as determined by the Department based on the monitoring results in
11.14(6)(b)(i)(B).
(iv)
While operating direct potable reuse, the supplier must monitor in the
distribution system once per month for TOC at Department-approved locations in
order to verify the recalcitrant TOC.
(c)
Violations for Treated
Wastewater Control(i) The
following constitutes treatment technique violations of the treated wastewater
control:
(A) Production of finished water
through direct potable reuse when an action limit is exceeded at the treated
wastewater critical control point for more than the Department-approved
corrective action timeframe.
(d)
Response to Violations for
Treated Wastewater(i) In the
event of a treated wastewater treatment technique violation as specified in
11.14(6)(c)(i), the supplier must:
(A) Notify
the Department no later than the end of the next business day.
(B) Distribute Tier 2 public notice as
specified in 11.33.
(e)
Reporting Requirements for
Treated Wastewater Critical Control Point
(i) No later than the 10th of the month
following the end of each month, the supplier must submit the following:
(A) Action limit exceedances and corrective
action taken within the approved timeframe.
(B) Alert limit exceedances and corrective
action taken within the approved timeframe.
(ii) No later than the 10th of the month
following the end of each calendar year, the supplier must submit the
following:
(A) A summary of results of
continuously monitored parameters, including median, mean, and
25th and 75th percentiles
compiled on a monthly basis for each parameter under
11.14(6)(b)(iii)(A).
(B) All sample
results monitored during the calendar year under
11.14(6)(b)(iii)(B-C).
11.14(7)
Treatment Technique
Requirements for Pathogen Reduction
(a)
Applicability for Treatment Technique Requirements for Pathogen
Reduction
(i) For all public
water systems that utilize direct potable reuse, the supplier must comply with
the treatment technique requirements at critical control points for pathogen
reduction, and entry point and distribution residual disinfectant
concentrations specified in this section, 11.14(7).
(b)
Treatment Technique
Requirements for Pathogen Reduction
(i) The supplier must utilize a minimum of
three separate critical control points for pathogen reduction. Two of the
critical control points for pathogen reduction must consist of one disinfection
critical control point and one filtration critical control point from the
following:
(A) A disinfection critical control
point consisting of UV or ozone.
(B) A filtration critical control point
consisting of one of the following:
(I)
Reverse osmosis.
(II) Conventional
or direct filtration in accordance with criteria specified in the
Direct Potable Reuse Policy and Policy DW-005.
Ozone/biofiltration is considered direct or conventional filtration.
(III) A Department-approved alternative
filtration in accordance with criteria specified in the Direct Potable
Reuse Policy, Policy DW-004, DW-005 and 11.10(5).
(ii) Unless the Department has
approved alternative treatment requirements based on treated wastewater
characterization in 11.14(5)(a)(ii), the sum of the log reduction values across
the pathogen critical control points specified in 11.14(7) must reliably be at
least:
(A) 10-log treatment of
Cryptosporidium.
(B) 10-log treatment of Giardia
lamblia.
(C) 12-log
treatment of viruses.
(iii) If the Department has approved
alternative treatment requirements based on treated wastewater characterization
in 11.14(5)(a)(ii), the sum of the log reduction values across the pathogen
critical control points specified in 11.14(7) shall not be less than:
(A) 5.5-log treatment of
Cryptosporidium.
(B) 6-log treatment of Giardia
lamblia.
(C) 8-log
treatment of viruses.
(iv) The Department shall approve log
reduction credits for each pathogen critical control point in accordance with
criteria specified in 11.10(5) and Policy DW-004 and DW-005.
(A) Each filtration critical control point
shall receive no more than 6-log treatment removal credit for viruses,
Giardia lamblia, or
Cryptosporidium.
(v) The maximum demonstrated log inactivation
for viruses, Giardia lamblia, or
Cryptosporidium is 6-log inactivation at each disinfection
critical control point.
(vi) The
supplier must meet the filtration treatment technique requirements specified in
11.8(2)(b).
(vii) The supplier must
meet the entry point and distribution system disinfection treatment technique
requirements specified in 11.8(3)(b)(i)(B).
(c)
Monitoring Requirements for
Pathogen Reduction(i) To
determine compliance with the treatment technique requirements for critical
control points for pathogen reduction, the supplier must comply with the
sampling requirements specified in this section, 11.14(7)(c).
(A) For systems using conventional or direct
filtration:
(I) To determine compliance with
the combined filter effluent treatment technique requirements specified in
11.8(2)(c)(i) the supplier must monitor turbidity continuously at a location(s)
representative of the combined filter effluent and validate the continuous
monitoring equipment for accuracy at a Department-approved frequency and using
a Department-approved method.
(II)
The supplier must monitor turbidity continuously at locations representative of
each individual filter effluent as specified in 11.8(2)(g).
(B) For systems using membrane or
reverse osmosis filtration, the supplier must measure the following:
(I) To determine compliance with the combined
filter effluent treatment technique requirements specified in 11.8(2)(c)(i) the
supplier must monitor turbidity continuously at a location(s) representative of
the combined filter effluent and validate the continuous monitoring equipment
for accuracy at a Department-approved frequency and using a Department-approved
method.
(II) The supplier must
monitor its membrane filtration as specified in 11.10(5)(j).
(C) To determine compliance with
the disinfection treatment technique requirements at each critical control
point for pathogen reduction, the supplier must monitor the following:
(I) For systems using chlorine, chlorine
dioxide, or ozone, the supplier must monitor parameters to summarize or
validate the achieved log inactivation at each pathogen critical control point
at least every four hours.
(II) For
systems using UV, the supplier must continuously monitor all of the following:
(a) UV intensity as measured by a UV sensor.
(i) The supplier must verify the calibration
of UV sensors and must recalibrate sensors in accordance with a
Department-approved protocol.
(b) UV transmittance.
(c) Lamp status.
(d) Flow rate.
(e) Other parameters the Department
designates based on UV reactor operation.
(III) At each entry point, the supplier must
continuously monitor the residual disinfectant concentration.
(a) The supplier must record the lowest
monitoring result each day.
(b) If
there is a failure of the continuous monitoring equipment, the supplier must
monitor the residual disinfectant concentration by collecting a grab sample no
later than four hours after the equipment failure and continue collecting grab
samples every four hours until the continuous monitoring equipment is returned
to service.
(i) The supplier must resume
continuous residual disinfectant concentration monitoring no later than five
working days after the equipment failure.
(IV) The supplier must monitor residual
disinfectant concentration in the distribution system according to
11.8(3)(c)(i)(B).
(d)
Treatment Technique
Violations for Pathogen Reduction
(i) The following constitute pathogen
reduction treatment technique violations:
(A)
Violations for combined filter effluent as specified in
11.8(2)(d)(i)(A).
(B) Violations
for disinfection as specified in 11.8(3)(d)(i).
(C) Production of finished water through
direct potable reuse when an action limit is exceeded at a critical control
point for pathogen reduction for more than a Department-approved corrective
action timeframe.
(D) At the entry
point, based on the total pathogen reduction and inactivation treatment, the
required log reduction credit for Cryptosporidium,
Giardia lamblia, or viruses is not met for more than four
hours.
(E) Violations for combined
filter effluent as specified in 11.8(2)(d)(i)(B).
(e)
Response to
Treatment Technique Violations for Pathogen Reduction
(i) In the event of a pathogen reduction
treatment technique violation, as specified in 11.14(7)(d)(i)(A-C), the
supplier must:
(A) Notify the Department no
later than the end of the next business day.
(B) Distribute Tier 2 public notice as
specified in 11.33.
(ii)
In the event of a pathogen treatment technique violation, as specified in
11.14(7)(d)(i)(D), the supplier must:
(A)
Notify the Department as soon as possible but no later than 24 hours after the
violation occurs.
(B) Distribute
Tier 1 public notice as specified in 11.33.
(iii) In the event of a maximum combined
filter effluent turbidity limit treatment technique violation, as specified in
11.14(7)(d)(i)(E), the supplier must consult with the Department as soon as
possible but no later than 24 hours after the violation occurs.
(A) The Department shall determine from the
consultation whether Tier 1 or Tier 2 public notice is required to protect
public health. The supplier must distribute public notice as specified by the
Department.
(B) If the supplier
fails to consult with the Department within 24 hours, the supplier must
distribute Tier 1 public notice, as specified in 11.33, for the
violation.
(f)
Reporting Requirements for
Pathogen Reduction(i) If at any
time the pathogen reduction values are less than the required levels, the
supplier must notify the Department as soon as possible, but no later than the
end of the next business day after the supplier learns of the situation.
(A) The supplier must also report, no later
than the end of the next business day, whether the log removal and inactivation
treatment was restored to at least required levels within four hours.
(ii) The supplier must submit all
of the following monitoring results required under 11.14(7)(c) or calculations
no later than the 10th of the following month:
(A) For combined filter effluent turbidity
monitoring results, the supplier must submit the following information:
(I) Number of combined filter effluent
turbidity monitoring results recorded during the month.
(II) Number and percentage of combined filter
effluent turbidity monitoring results recorded during the month that were
greater than (>) the 95th percentile turbidity limit specified in
11.8(2)(b).
(III) The date and
value of any combined filter effluent turbidity monitoring results collected
during the month which were greater than (>) the maximum turbidity
limit.
(IV) The value of the
highest combined filter effluent turbidity monitoring result during each
four-hour period and day during the month.
(B) For systems using membrane or reverse
osmosis filtration, the supplier must submit a monthly report summarizing
direct and indirect integrity tests as specified in
11.10(5)(j)(iii-iv).
(C) For
systems using chlorine dioxide, the calculated daily chlorine dioxide CT values
as specified in 11.10(5)(m)(i) using Table 11.10-VI to determine the
Cryptosporidium treatment log credit achieved by chlorine
dioxide for the applicable water temperature.
(D) For systems using ozone treatment, the
calculated daily ozone CT values as specified in 11.10(5)(m)(i) and Table
11.10-VII to determine the Cryptosporidium treatment log
credit achieved by the ozone treatment for the applicable water
temperature.
(E) For systems using
UV reactors, the percent of water supplied to the public during the month that
was treated by a UV disinfection process within validated operating conditions
for the required UV dose.
(F) For
each entry point, the lowest daily residual disinfectant concentration result
in mg/L.
(G) For each disinfection
pathogen critical control point, the supplier must report the lowest achieved
log reduction for Cryptosporidium, Giardia
lamblia, and viruses for each four-hour period and day during the
month
(H) For each entry point, the
supplier must report the lowest total achieved log reduction for
Cryptosporidium, Giardia lamblia, and viruses
for each four-hour period and day during the month.
(I) Action limit exceedances and corrective
action taken within the approved timeframe.
(J) Alert limit exceedances and corrective
action taken within the approved timeframe.
(iii) The supplier must submit all of the
following documentation no later than the 10th of the following month:
(A) Documentation that the individual filter
effluent turbidity monitoring was conducted.
(B) The date and duration of each period when
the entry point residual disinfectant concentration fell below 0.2 mg/L and
when the Department was notified of the occurrence.
(C) For distribution system residual
disinfectant concentration samples:
(I) The
number of sample results that were less than (<) 0.2 mg/L.
(II) The percentage of sample results that
were less than (<) 0.2 mg/L for each of the last two months.
11.14(8)
Treatment Technique
Requirements for Chemical Reduction
(a)
Applicability for Treatment Technique Requirements for Chemical
Reduction(i) For all public
water systems that utilize direct potable reuse, the supplier must comply with
the treatment technique requirements for chemical critical control points
specified in this section, 11.14(8).
(b)
Treatment Technique
Requirements for Chemical Reduction
(i) The supplier must utilize chemical
critical control points. At a minimum, the supplier must utilize the following:
(A) An advanced oxidation process, combined
with at least one of the following:
(I)
Reverse osmosis.
(II) Two different
critical control points consisting of an adsorption process (e.g. granular
activated carbon) and an additional critical control point as approved by the
Department.
(ii) At each critical control point
monitoring location for chemical reduction, the supplier must demonstrate that
specified removal rates for Department-specified indicator compounds have been
achieved.
(A) The Department may require
additional demonstration of adequate reduction of Department-specified
chemicals present in treated wastewater in accordance with Department
approval.
(iii) The
supplier must take the appropriate corrective action within a
Department-approved timeframe when an alert limit or action limit is exceeded
at a chemical critical control point.
(iv) At the final critical control point
monitoring location for chemical reduction, the supplier must determine if an
alert limit or action limit exceedance for TOC has occurred.
(A) The supplier may use UV254 in lieu of TOC
for determining if an alert limit or action limit exceedance for TOC has
occurred.
(B) The TOC alert limit
is the 75th percentile of recalcitrant TOC.
(I) When an alert limit for TOC is exceeded,
the supplier must initiate alert limit protocols in their direct potable reuse
operations program to investigate the cause.
(C) The TOC action limit is 1.5 times the
95th percentile of recalcitrant TOC.
(I) When
an action limit for TOC is exceeded, the supplier must initiate action limit
protocols within 72 hours specified in their direct potable reuse operations
plan to investigate the cause and complete necessary actions to resolve the
situation.
(c)
Monitoring Requirements for
Chemical Reduction
(i) For
systems that meet the applicability of this rule, the supplier must comply with
the sampling requirements to determine compliance with the MCLs as specified in
11.18, 11.19, 11.21, 11.22.
(ii) At
each critical control point monitoring location for chemical reduction, the
supplier must continuously monitor for the following and record the monitoring
results at least every 15 minutes:
(A)
Critical control point monitoring identified in the supplier's written direct
potable reuse operations plan.
(B)
Instantaneous flow rate.
(iii) To determine compliance with the
chemical reduction treatment technique requirements, the supplier must monitor
the following:
(A) The supplier must sample
for one or more indicator compounds required in 11.14(5)(a)(i)(H) as approved
by the Department at each critical control point monitoring location for
chemical reduction each month for 12 consecutive months.
(I) The Department may reduce the sampling
frequency to once per quarter after the first year of operation.
(B) Downstream of the final
chemical critical control point, the supplier must monitor the TOC
concentration at least every four hours.
(I)
The supplier must record the median TOC value during each month.
(II) The supplier may monitor UV254 in lieu
of TOC as approved by the Department.
(d)
Treatment
Technique Violations for Chemical Reduction
(i) The following constitute chemical
reduction treatment technique violations:
(A)
The supplier exceeds an action limit for indicator compounds and has not
completed corrective action at the critical control point within 90 days or by
a Department-approved deadline.
(B)
The supplier does not achieve approved critical control point monitoring set
points and has not completed corrective action at the critical control point
within 90 days or by a Department-approved deadline.
(C) Failure to initiate action limit
protocols specified in the supplier's direct potable reuse operations plan to
investigate the cause or complete necessary actions to resolve the recalcitrant
TOC removal by a Department-approved deadline.
(e)
Response to Treatment
Technique Violations for Chemical Reduction
(i) In the event of a chemical reduction
treatment technique violation as specified in 11.14(8)(d), the supplier must:
(A) Notify the Department no later than 48
hours after the violation occurs.
(B) Distribute Tier 2 public notice as
specified in 11.33.
(f)
Reporting Requirements for
Chemical Reduction(i) For
chemical reduction monitoring results collected under 11.14(8)(c), the supplier
must submit the following information no later than the
10th of the month following the end of each
monitoring period:
(A) Action limit
exceedances and corrective action taken within the approved
timeframe.
(B) Alert limit
exceedances and corrective action taken within the approved
timeframe.