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 1002-11.51 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE: July 14, 2008 Rulemaking Hearing; Effective Date September 30, 2008

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

Adoption of Article 13 - Groundwater Rule, with Amendments to Articles 1, 5, 7, 9, 10 and 11 of the Colorado Primary Drinking Water Regulations.

The Colorado Revised Statutes (CRS), § 25-1.5-202, provide specific authority for adoption of these regulatory amendments. The Commission also adopted, in compliance with § 24-4-103(4), CRS, the following statement of basis and purpose.

BASIS AND PURPOSE

All suppliers of drinking water in Colorado are subject to regulations adopted by the U.S. Environmental Protection Agency (EPA) under the Safe Drinking Water Act, (42 U.S.C. 300f et seq.) as well as by the Colorado Primary Drinking Water Regulations under the direction of the Water Quality Control Division (Division). Colorado has been granted primary enforcement responsibility (primacy) for the public water system supervision program under the federal Safe Drinking Water Act. However, in order to maintain primacy, states must also promulgate new regulations that are no less stringent than those adopted by the federal government. By retaining primacy, the Division is able to protect the public health by ensuring that public water systems provide safe drinking water to Colorado citizens and visitors and remains eligible for program grants of $1.3 million and for federal revolving funds to assist public water systems construct facility improvements of $13 million per year.

The Commission adds Article 13, and amends Articles 1, 5, 7, 9, 10 and 11 of the Colorado Primary Drinking Water Regulations to include:

- The provisions of the federal regulations as published in the Federal Register, Volume 71, Number 216, November 8, 2006, pages 65574 through 65660, National Primary Drinking Water Regulations: Groundwater Rule incorporated as Article 13.

- Additional definitions and record keeping and reporting requirements.

- Moving Article 7 concerning Disinfection for Groundwater to Article 13.

- Additions to Consumer Notification requirements.

- Additions to Analytical Requirements and Laboratory Certification.

- Changes to Article 11 concerning requirements to correct significant deficiencies and violations detected during sanitary surveys to better align with new requirements in the Groundwater Rule. The changes in this section that will become effective after December 1, 2009 will ensure uniformity of requirements regardless of water system type or source.

- Numerous minor changes removing obsolete references and definitions that are not used within the regulation, and correction of spelling and typographical errors.

Article 13 amends and adds regulatory requirements for all public water systems in Colorado that use groundwater sources.

These amendments and additions provide for increased public health protection against microbial pathogens in public water systems that use groundwater sources.

The provisions of Articles 11 and 13 are summarized as follows:

- Increased frequency of sanitary surveys at groundwater systems to check for significant deficiencies in eight key operational areas.

- Specific requirements for public water systems to correct significant deficiencies in a timely fashion.

- A flexible program for identifying higher risk systems through existing Total Coliform Rule monitoring and State determinations.

- Groundwater source monitoring to detect fecal contamination at targeted groundwater systems that do not provide 4-log treatment of viruses.

- Treatment technique requirements to address fecal contamination in groundwater.

- Compliance monitoring to ensure that 4-log treatment (99.99 percent removal/inactivation) of viruses is maintained where it is used to comply with this rule.

The Groundwater Rule establishes a risk-targeted approach to identify groundwater systems that are susceptible to fecal contamination. The occurrence of fecal indicators in a drinking water supply is an indication of the potential presence of microbial pathogens that may pose a threat to public health. This rule requires groundwater systems with sources that are confirmed to contain indicators of fecal contamination to take corrective action to reduce potential cases of illnesses and deaths due to exposure to microbial pathogens.

In addition to the inclusion of Article 13, the Colorado Primary Drinking Water Regulations are amended as follows: