Code of Colorado Regulations
1000 - Department of Public Health and Environment
1002 - Water Quality Control Commission (1002 Series)
5 CCR 1002-43 - REGULATION NO. 43 - ON-SITE WASTEWATER TREATMENT SYSTEM REGULATION
Section 5 CCR 1002-43.25 - Statement of Basis, Specific Statutory Authority and Purpose: March 12, 2018 Rulemaking, Effective April 30, 2018
The provisions of sections 25-10-101 through 113, C.R.S. provide the specific statutory authority for adoption of this regulation. The Commission also adopted, in compliance with section 24-4-103(4), C.R.S., the following statement of basis and purpose.
Basis and Purpose
At its March 12, 2018 rulemaking hearing, the Commission revised several sections in response to comments from the Office of Legislative Legal Services that additional information was needed to comply with section 24-4-103(4), C.R.S. The Commission conducted a "written comment only rulemaking hearing" to address these relatively minor issues as described below.
Regulation 43 references peer-reviewed technical standards developed by national technical organizations as the industry standard of practice for various OWTS components. Regulation 43 did not consistently include clear indication of the version of the standards being referenced. The references to these peer-reviewed technical standard were modified to clearly indicate the current version being referenced. As noted below, the contact information for the national organizations was also included in section 43.16.
There were some abbreviations used in the text that were not included in the table of abbreviations and acronyms, so Table 3-1 was expanded to include the following: CPOW, ETL, and NRTL.
In section 43.4.B.5.b , there was a reference to a section of the Water Quality Control Act and the water quality fund in regards to the requirement for counties to remit their state surcharge payments. The statutory cross-reference and the fund are no longer in existence. Section 43.4.B.5.b was therefore revised to clarify where counties are to send their surcharge payments to the state.
In section 43.9.I.1.b , the certification reference for pumps was unclear. The section was modified to indicate the UL778 (Edition 6) electrical safety standard for pumps.
In section 43.9.I.2.c , the certification reference for float switches was unclear. The section was revised to indicate the UL 60947-4-1 (Edition 3) and CSA C22.2 No. 205-17 (2017 version) electrical safety standards for the float switches.
In section 43.9.I.7.a .6, the Nationally Recognized Testing Laboratory designation did not identify the source of the designation and was unclear about the seal requirement. Therefore, the section was modified to clarify that the seal indicates acceptable product testing, and to identify the U.S. Department of Labor, Occupational Safety and Health Administration as establishing the designation for testing laboratories.
In Table 10-1A, footnote 5 indicated that the gradation could be performed following ASTM standards or a field evaluation by volume, but did not include identification of the ASTM standard. The footnote was updated to identify ASTM standard D6913-17 (2017 version) for gradations.
In section 43.11.C.5.f .1, the previous reference to an acceptable example aggregate was in parentheses, but unclear. The section was revised to clarify that the example aggregate meets the requirement for the intermediate layer of pea gravel.
In section 43.12 A.1.b, the requirement for a design of a non-pressurized drip dispersal system (NDDS) was rephrased to clearly state the requirement to follow the procedures in the Colorado Professionals in Onsite Wastewater (CPOW) NDDS Guidelines document and to provide information for the original source organization.
In section 43.16 , it was noted that standards developed by national technical organizations and identified in Regulation 43 were available for viewing at the Division office or could be purchased from the national organizations, but did not indicate where copies are available from those national organizations. The section was thus expanded to include contact information for the national organizations.
Separate from the Office of Legislative Legal Services review, there were a few formatting and typographical errors that were identified in the previous version (e.g., missing words, double period). These errors were corrected in the rulemaking.
