Current through Register Vol. 47, No. 17, September 10, 2024
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 November 13,
2023, 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.