Current through Register Vol. 47, No. 5, March 10, 2024
A. All
graywater uses and graywater treatment works must comply with the minimum
requirements of this regulation as set forth in a local graywater control
program.
1. Graywater treatment works may
only be installed and operated within the jurisdiction of a city, city and
county, or county with a local graywater control program.
2. Graywater treatment works installed prior
to the effective date of this regulation are only allowed under a local
graywater control program and must meet the local requirements adopted pursuant
to these regulations. Graywater treatment works that reuse graywater for
outdoor subsurface irrigation which were approved by a local public health
agency prior to May 15, 2013 and pursuant to
5 CCR
1002-43, section 43.4(J) or pursuant to
5 CCR
1003-6, section IV.J, and which are in compliance with
all requirements imposed by the local public health agency, are deemed to be in
compliance with the requirements of this regulation unless or until any
modification to the graywater treatment works is made.
3. Approved graywater treatment works
installed prior to the effective date of this regulation are deemed to be in
compliance with the requirements of this regulation unless or until any
modification to the graywater treatment works is made; or the local agency
identifies an environmental or public health risk with the existing treatment
works' historically approved design and revokes or rescinds approval. Upon
revoking or rescinding approval, the local agency has up to 365 days to upgrade
any existing graywater treatment works to meet the requirements of the local
graywater control program's ordinance or resolution.
4. Graywater treatment works installed under
a local graywater control program which is later revoked or rescinded must
within 365 days:
a. Be physically removed or
permanently disconnected; or
b. Be
regulated under a limited graywater control program for existing graywater
treatment works. In this case, the local city, city and county, or county must
continue the limited graywater control program for the existing graywater
treatment works only; or
c. Be
regulated under another jurisdiction's local graywater control program which
assumes authority over the existing graywater treatment works. The existing
graywater treatment works will need to comply with the new city, city and
county, or county's local graywater control program, including any required
graywater treatment works modifications
5. In the event that a property with a
compliant graywater treatment works is annexed or de-annexed into a
jurisdiction with differing graywater requirements, the property owner must
within 365 days:
a. Ensure the graywater
treatment works is physically removed or permanently disconnected; or
b. Ensure the graywater treatment works is
incorporated into another city, city and county, or county's local graywater
control program. This includes conforming to the minimum requirements of the
new local graywater control program and may include improving or modifying the
graywater treatment works.
6. A local agency that is subject to one of
the control regulations
5 CCR
1002-71 through 1002-75 must notify the control basin
authority of its plan to adopt a local graywater control program prior to
adopting an ordinance or resolution. The graywater control program must require
that the use of graywater be in compliance with any applicable requirements in
5 CCR
1002-71 through 1002-75.
B. Graywater use is only allowed under a
local graywater control program and must meet the local requirements adopted
pursuant to these regulations. Unauthorized graywater use and discharges are
prohibited.
C. This regulation does
not apply to: discharges pursuant to a Colorado Discharge Permit System (CDPS)
or National Pollution Discharge Elimination System (NPDES) permit, wastewater
that has been treated and released to state waters prior to subsequent use,
wastewater that has been treated and used at a domestic wastewater treatment
works for landscape irrigation or process uses, on-site wastewater treatment
works authorized under Regulation No. 43, reclaimed wastewater authorized under
Regulation No. 84, water used in an industrial process that is internally
recycled, and rainwater harvesting.
D. Local agencies have 365 days from the
effective date of this regulation to update their local graywater ordinance or
resolution to be at least as stringent as this regulation.
