C.R.S. Section 25-8-1002
Division duties

  • testing water quality at mobile home parks
  • parameters of testing
  • notice of results

(1)

Testing program.

(a)

By July 1, 2024, the division shall develop and begin conducting a program to test the quality of finished water at mobile home parks. The testing program is in addition to any other testing performed pursuant to this article 8. The division may contract with third-party entities to perform the testing.

(b)

The division shall ensure that materials, information, and communications shared with members of the public related to the testing program are available in English, Spanish, and any other language requested by a resident or that the division determines is necessary to provide reasonable notice.

(c)

The division shall test, in accordance with this section, finished water at:

(I)

Twenty-five percent of the total number of parks by July 1, 2025;

(II)

Fifty percent of the total number of parks by July 1, 2026;

(III)

Seventy-five percent of the total number of parks by July 1, 2027; and

(IV)

One hundred percent of the total number of parks by July 1, 2028.

(d)

Intentionally left blank —Ed.

(I)

The division shall begin testing by sampling the finished water and the water supply at parks that represent geographically diverse locations across Colorado, both in urban and rural locations, based on the following prioritization criteria, not listed in order of importance:

(A)

Parks located in a census block group where at least forty percent of residents identify as a racial or ethnic minority;

(B)

Parks in a geographic area that is known to produce contaminants in finished water because of the geology of the geographic area;

(C)

Parks at a higher risk of experiencing cumulative effects on water quality because they are located in the most recent version of its census block group with a Colorado EnviroScreen score above the eightieth percentile;

(D)

Parks where residents have requested testing;

(E)

Parks where residents have submitted complaints, including consideration of the largest number of complaints, about the quality of the finished water to the department, to the division of housing, or to the ombudsperson;

(F)

Parks that are supplied with finished water from an unregulated water supply; and

(G)

Parks the division determines should be prioritized.

(II)

The division shall create a waiting list if requests for finished water testing at parks exceed the division’s capacity for conducting the testing within thirty days after the request.

(2)

Testing parameters.

(a)

In developing the testing program, the division shall interview residents of parks to understand resident experiences, including damage to appliances, health effects, and economic effects, and shall assess possible causes of concern about the quality of finished water, including concerns about finished water that has an abnormal color, odor, or taste. The division shall conduct the interviews in English, Spanish, or any other language requested by a resident or that the division determines is necessary to conduct the interview.

(b)

In developing the testing program, the division shall determine and approve a specific sampling and testing plan for each park requiring any water quality testing that the division determines is necessary to assess the finished water’s safety and quality and to assess park resident concerns identified in the interviews described in subsection (2)(a) of this section. The testing may include:

(I)

Testing to determine if the water complies with the primary and secondary drinking water standards established by rule under sections 25-8-202 and 25-8-204 and with the maximum contaminant levels or secondary maximum contaminant levels established by the United States environmental protection agency;

(II)

Testing to evaluate hardness, iron, calcium, and total dissolved solids; and

(III)

Testing for chemicals with health advisory levels if the division believes the chemicals may be present in the finished water.

(c)

Each approved sampling and testing plan is subject to review and revision by the department.

(d)

The division is authorized to not test finished water at a park for a specific contaminant if information exists showing the contaminant is not near or in excess of the standard in the finished water or if testing of the contaminant is already required by a park’s registration as a public water system.

(e)

The division shall require that any sampling and analysis performed in the field for the testing program be conducted by a qualified professional, as determined by the division.

(f)

In implementing the testing program, the division shall:

(I)

Use the sample hold times for valid sampling in accordance with the rules promulgated under sections 25-8-202 and 25-8-204; and

(II)

Avoid testing within a mobile home without the owner’s or renter’s consent and evaluate possible alternate testing locations, including pedestals and service lines.

(3)

Notice of test results.

(a)

Test results obtained in accordance with this section are public records. The division shall make the test results accessible as soon as possible on a public website on which the test results may be viewed in English, Spanish, and any other language requested by a resident or that the division determines is necessary to provide reasonable notice.

(b)

Intentionally left blank —Ed.

(I)

Within ten days after receiving the test results, the division shall notify the following persons of the test results obtained in accordance with this section for each park:

(A)

The park owner;

(B)

The county department of health where the park is located;

(C)

The municipality, if any, where the park is located;

(D)

The division of housing in the department of local affairs;

(E)

The water supplier; and

(F)

The ombudsperson.

(II)

If test results show that a park’s finished water has a water quality issue, the division’s notification described in subsection (3)(b)(I) of this section must include:

(A)

A summary of the test results and information concerning the availability of the complete test results;

(B)

Information about any violation of water quality standards for finished water;

(C)

Guidance about any actions residents should take in light of any violations of water quality standards for finished water;

(D)

Guidance about the remediation process, as described in section 25-8-1003; and

(E)

Information about the grant program.

(c)

Intentionally left blank —Ed.

(I)

Upon receiving notice of test results in accordance with subsection (3)(b)(I)(A) of this section, the park owner shall notify the park residents of the test results within five days in English, Spanish, and any other language requested by a resident or that the division determines is necessary to provide reasonable notice and include in the notice the information and guidance received from the division in accordance with subsection (3)(b)(II) of this section. The park owner shall use a professional translator to provide the notice in any language other than English. After giving the notice, the park owner shall certify to the division that the park owner has notified the residents.

(II)

In addition to directly notifying residents, a park owner shall also post the notice of test results in English, Spanish, and any other language requested by a resident or that the division determines is necessary to provide reasonable notice in a clearly visible location in park common areas, including any community hall or recreation hall. The notice must:

(A)

Remain clearly visible in the common area for at least one hundred twenty days after the date it is posted; and

(B)

Use a translation provided by a professional translator.

(III)

If a park owner fails to provide and post the notice required by subsections (3)(c)(I) and (3)(c)(II) of this section to residents within five business days after receipt of the notice from the division, the park owner is subject to section 38-12-1104 and part 2 of article 12 of title 38.

Source: Section 25-8-1002 — Division duties - testing water quality at mobile home parks - parameters of testing - notice of results, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-25.­pdf (accessed Oct. 20, 2023).

25‑8‑101
Short title
25‑8‑102
Legislative declaration
25‑8‑103
Definitions
25‑8‑104
Interpretation and construction of water quality provisions
25‑8‑105
Regional wastewater management plans - amendments
25‑8‑201
Water quality control commission created
25‑8‑202
Duties of commission - rules
25‑8‑203
Classification of state waters
25‑8‑204
Water quality standards
25‑8‑205
Control regulations
25‑8‑205.3
Exemption from control regulations for graywater research - definition
25‑8‑205.5
Pollution from agricultural chemicals - rules
25‑8‑205.7
Control regulations for reuse of reclaimed domestic wastewater - food crops - definitions - rules
25‑8‑205.8
Control regulations for reuse of reclaimed domestic wastewater - toilet flushing - definitions - rules
25‑8‑205.9
Control regulations for reuse of reclaimed domestic wastewater - industrial hemp - definitions - rules
25‑8‑206
Prior acts validated
25‑8‑207
Review of classifications and standards
25‑8‑208
Emergency rule-making
25‑8‑209
Water quality designations - rules
25‑8‑210
Fees established administratively - rules - stakeholding requirement - phase-in period - clean water cash fund - creation - repeal
25‑8‑301
Administration of water quality control programs
25‑8‑302
Duties of division
25‑8‑303
Monitoring
25‑8‑304
Monitoring, recording, and reporting
25‑8‑305
Annual report - repeal
25‑8‑306
Authority to enter and inspect premises and records
25‑8‑307
Emergencies
25‑8‑308
Additional authority and duties of division - penalties
25‑8‑310
Education program - storm water
25‑8‑401
Authority and procedures for hearings
25‑8‑402
Procedures to be followed in classifying state waters and setting standards and control regulations
25‑8‑403
Administrative reconsideration
25‑8‑404
Judicial review
25‑8‑405
Samples - secret processes
25‑8‑406
Administrative stays - renewal permits
25‑8‑501
Permits required for discharge of pollutants - administration
25‑8‑501.1
Permit required for point source water pollution control - definitions - housed commercial swine feeding operations - legislative declaration
25‑8‑502
Application - definitions - fees - funds created - public participation - repeal
25‑8‑503
Permits - when required and when prohibited - variances
25‑8‑503.5
General permits - process for changing permit requirements
25‑8‑504
Agricultural wastes
25‑8‑505
Permit conditions concerning publicly owned wastewater treatment works
25‑8‑507
Program repeal
25‑8‑508
Industrial pretreatment program - creation - fees
25‑8‑509
Permit conditions concerning use and disposal of biosolids
25‑8‑601
Division to be notified of suspected violations and accidental discharges - penalty
25‑8‑602
Notice of alleged violations
25‑8‑603
Hearing procedures for alleged violations
25‑8‑604
Suspension, modification, and revocation of permit
25‑8‑605
Cease-and-desist orders
25‑8‑606
Clean-up orders
25‑8‑607
Restraining orders and injunctions
25‑8‑608
Civil penalties - rules - fund created - temporary moratorium on penalties for minor violations - definitions - repeal
25‑8‑608.7
Natural disaster grant fund - creation - rules
25‑8‑609
Criminal pollution - penalties
25‑8‑610
Falsification and tampering - penalties
25‑8‑611
Proceedings by other parties
25‑8‑612
Remedies cumulative
25‑8‑613
Limitation on actions
25‑8‑701
Definitions
25‑8‑702
Approval for commencement of construction
25‑8‑801
Definitions
25‑8‑802
Storm water management system administrator
25‑8‑803
Storm water management system administrator audits to support MS4 permittees’ programs
25‑8‑901
Definitions
25‑8‑902
School and child care clean drinking water fund - creation
25‑8‑903
Testing for the presence of lead in drinking water in child care centers, family child care homes, and eligible schools - remediation - maintenance of records - training - inspections - enforcement - reimbursement - technical assistance - exemptions - opt out by family child care home - reports
25‑8‑904
Report and recommendation regarding expansion required - legislative declaration
25‑8‑905
Repeal of part
25‑8‑1001
Definitions
25‑8‑1002
Division duties - testing water quality at mobile home parks - parameters of testing - notice of results
25‑8‑1003
Remediation
25‑8‑1004
Action plan
25‑8‑1005
Mobile home water quality grant program - created - grant application and award process - reporting - funding
25‑8‑1006
Mobile home park water quality fund
25‑8‑1007
Enforcement
25‑8‑1008
This part 10 does not affect other statutory protections
Green check means up to date. Up to date

Current through Fall 2024

§ 25-8-1002’s source at colorado​.gov