Current through Register Vol. 47, No. 17, September 10, 2024
(A) Users shall
submit a User Application and Site Management Plan to the Treater using a form
established by the Division that shall include:
(1) User information including:
(a) User organizational name;
(b) Legally Responsible Individual's name,
title and contact information.
(2) Facility information including:
(a) Facility name, including the business
operating name, if applicable;
(b)
Address;
(c) Latitude and longitude
(center of property);
(d) Site
common name, if any.
(3)
Other contact information including:
(a) Site
contact name, title and contact information;
(b) Site Manager name, title and contact
information (if applicable);
(c)
Other contact types (optional);
(d)
Certified Operator name, certification number and contact information (for
Localized Systems only).
(4) A description of the following:
(a) How reclaimed water will be
used;
(b) The potential for public
contact during use of reclaimed water;
(c) How the User intends to comply with the
Implementation Requirements for the applicable use(s) identified in this
application as specified in section 84.10; and
(d) A list of all water sources used at the
location where reclaimed water is used.
(5) All Users must provide a current map
and/or diagram (8.5" x 11" or 11" x 17") that indicates all areas where
reclaimed water will be used and/or applied. The following information must be
provided on the map for the specific uses listed:
(a) For Toilet and Urinal Flushing, the map
must indicate potable, non-potable and wastewater systems within the
building.
(b) For Landscape and
Agricultural irrigation, the map must indicate the acreage or distance around
the perimeter of the Site being irrigated and type of landscape or agriculture
being irrigated.
(c) For Fire
Protection, the map must indicate areas where reclaimed water is to be supplied
for fire protection uses, location(s) of fire hydrants.
(d) For Commercial Food Crop Growing
Operations, Non-commercial Food Crop Growing Operations and Edible and
Non-Edible Hemp Irrigation, the map must indicate locations of the required
signage and hand sanitation stations in sections 84.10(B)(14), 84.10(B)(15) and
84.10(B)(17).
(6) For
irrigation uses, an analysis that demonstrates that reclaimed water used for
irrigation will be applied at or below agronomic rates (guidance to calculate
agronomic rate analysis:
https://cdphe.colorado.gov/water-quality-reclaimed-water-reuse-permits).
(7) UASMPs must be kept onsite (or easily
accessible), current with regards to Site conditions (e.g. maps and/or
diagrams, contact information, how the Site is complying with Implementation
Requirements, etc.) and available for Division or Treater review.
(8) A certification statement as per section
84.14 of this regulation. Each UASMP shall include a statement signed by the
User, or a legal representative of the User, that certifies:
(a) The User has been provided a copy of
Regulation 84 and agrees to comply with the applicable requirements of this
regulation, in particular the Implementation Requirements described in section
84.10 the User Authorization and UASMP. If applicable, include the access
restrictions when Category 1 reclaimed water is used. The User shall submit a
certification statement per section 84.14 of this regulation with the
information provided in this item; and
(b) The User agrees to allow the Treater or
the Division reasonable access to the Site to determine whether the User is in
compliance with this regulation, the User Authorization and UASMP, and/or to
perform monitoring and analysis as may be required in section 84.16 for
localized systems.
(9)
Irrigation uses may also be subject to limits as contained in a control
regulation governing the watershed within which the irrigation occurs. The
allocation or limit will be included in the User Authorization and/or a permit
issued pursuant to Regulation # 61.
(10) Each UASMP must be fully reviewed and
signed by the Treater prior to submission to the Division.
(11) Each UASMP must be completed in its
entirety and required attachments that are listed on the User Application (e.g.
maps, agronomic rate analyses, reports, etc.) must be provided. UASMPs that are
not complete will not be processed by the Division until all the required
information and attachments are completed and submitted.
(B)
Division Review and Issuance
of User Authorization. The Division shall either issue or deny the
User Authorization, or notify the User that the UASMP is incomplete within
sixty (60) calendar days of the Division's receipt of the application. If the
Division determines that the UASMP or User Authorization needs public notice,
the Division shall issue or deny the Authorization within ninety (90) calendar
days. Upon the written agreement of the User, the review period may be extended
for a period mutually agreed to by the User and the Division.
(1) The User shall be notified in writing
upon denial of the User Authorization of such action and the reason(s) for the
denial. Reasons for denial may include but not be limited to determination that
the User Authorization would not be protective of public health and the
environment.
(2) The Division shall
issue a separate Authorization to the Treater and to each User. Treaters and
Users planning to use reclaimed water shall have or obtain a Treater and/or
User Authorization from the Division prior to any use of reclaimed
water.
(C)
Appeal of Issuance or Denial of User Authorization.
The Treater or User, or any other person potentially adversely affected or
aggrieved by Division issuance or denial of a User Authorization may submit a
request, within thirty (30) days of the date of issuance or denial, to the
Administrator of the Water Quality Control Commission ("Commission"), for a
hearing.
(1) Such hearing shall be conducted
pursuant to the requirements of the Procedural Rules
5 CCR
1002-21, (Regulation #21).
(2) The person requesting the hearing shall
have the burden of proof in all hearings held pursuant to this
section.
(D)
User Authorization Renewal and Modification. The
Division will review individual User Authorizations to be considered for
renewal no more frequently than every five (5) years, unless the conditions for
modification in this part are met. The User shall provide information required
by the Division as necessary to renew User Authorizations within 180 days of
notification by the Division, unless a later deadline is provided by the
Division. A User Authorization may be modified for renewal in whole or in part
earlier than five (5) years for reasons determined by the Division, including
but not limited to, the following:
(1)
Violation of any terms or conditions of the User Authorization;
(2) Obtaining a User Authorization by
misrepresentation or failing to disclose any fact which is material to the
granting or denial of a User Authorization or to the establishment of terms or
conditions of the User Authorization;
(3) Materially false or inaccurate statements
or information in the User Application; or
(4) A determination that the authorized
activity endangers human health or the classified existing uses of state waters
and can only be regulated to acceptable levels by permit or
termination.
(E)
Terms and Conditions of User Authorizations. User
Authorizations issued by the Division shall contain such terms, limitations,
and conditions as are deemed necessary to protect public health and the
environment and to ensure compliance with this regulation, except for those
User Authorizations that contain a schedule of compliance as determined by the
Division. At a minimum, all User Authorizations shall contain the following:
(1) User information provided in the UASMP in
sections 84.9(A)(1), 84.9(A)(2), and 84.9(A)(3);
(2) Issuance and effective date;
(3) The applicable authorized use(s) as
defined in Table A of section 84.10 , including the category of reclaimed
water, and Implementation Requirements that Users must execute for the
authorized use(s) in section 84.10.
(4) The location(s) of use and a description
of the approved use(s);
(5) A
requirement to submit information using a form developed by the Division to the
Treater requesting the amendment of a UASMP sixty (60) days, or an alternative
timeline determined by the Treater, prior to making any of the following
significant changes. The Treater must review, sign and submit the form to the
Division thirty (30) days prior to the User making changes:
(a) Change of contact for Legally Responsible
Individual, facility contact, Site Manager (if applicable) and Management User
(if applicable);
(b) Transfer of
ownership or operational control;
(c) If reclaimed water is used for
irrigation, when there is a significant change in the agronomic rate
analysis;
(d) When any User
governed by an existing User Authorization significantly modifies or changes
its physical or operational use of reclaimed water, including, but not limited
to, the addition of landscape area to be irrigated that is not contiguous to an
existing approved area, addition of areas where reclaimed water is to be used
for fire protection, addition of a new User or use in a new commercial or
industrial process, or use in a new location;
(e) A modification is made to the Site that
would substantially change operations, reclaimed water usage and/or
Implementation Requirements as described in section 84.10; or
(f) Reclaimed water use at the Site is
discontinued (termination of User Authorization).
(6) Terms for modification, revocation,
renewal, or termination;
(7)
Required monitoring, as is reasonably necessary, to be performed by the
User;
(8) Reporting and record
keeping requirements;
(9) Public
access restrictions, if applicable; and
(10) A statement of applicable civil and
criminal penalties.
