Code of Colorado Regulations
1000 - Department of Public Health and Environment
1002 - Water Quality Control Commission (1002 Series)
5 CCR 1002-11 - REGULATION NO. 11 - COLORADO PRIMARY DRINKING WATER REGULATIONS
Section 5 CCR 1002-11.4 - PLANS APPROVAL FOR THE LOCATION AND CONSTRUCTION OF WATERWORKS
Universal Citation: 5 CO Code Regs 1002-11 ยง 4
Current through Register Vol. 47, No. 5, March 10, 2024
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.
Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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