C.R.S. Section 25-8-205.9
Control regulations for reuse of reclaimed domestic wastewater

  • industrial hemp
  • definitions
  • rules

(1)

As used in this section, unless the context otherwise requires:

(a)

“Category 1 standard” means a water quality standard for reclaimed domestic wastewater:

(I)

Requiring, at a minimum, that the water has received secondary treatment with disinfection; and

(II)

For which, at the point of compliance, the water meets the E. coli and total suspended solids standards promulgated by the commission for category 1 water.

(b)

“Category 2 standard” means a water quality standard for reclaimed domestic wastewater:

(I)

Requiring, at a minimum, that the water has received secondary treatment with filtration and disinfection; and

(II)

For which, at the point of compliance, the water meets the E. coli and turbidity standards promulgated by the commission for category 2 water.

(c)

“Category 3 standard” means a water quality standard for reclaimed domestic wastewater:

(I)

Requiring, at a minimum, that the water has received secondary treatment with filtration and disinfection; and

(II)

For which, at the point of compliance, the water meets the E. coli and turbidity standards promulgated by the commission for category 3 water.

(d)

“E. coli” means the Escherichia coli bacteria that are found in the environment, foods, and intestines of people and animals.

(e)

Intentionally left blank —Ed.

(I)

“Food crop” means a crop produced for direct human consumption or a tree that produces nuts or fruit intended for direct human consumption.

(II)

“Food crop” does not include a crop produced for animal consumption only; except that a crop produced where lactating dairy animals forage is a food crop.

(f)

“Industrial hemp” has the same meaning as set forth in section 35-61-101 (7).

(g)

“Point of compliance” means a point, as identified by the person that treats the water, in the reclaimed domestic wastewater treatment process or the reclaimed domestic wastewater transportation process, that occurs after all treatment has been completed but before dilution and blending of the water has occurred.

(2)

Reclaimed domestic wastewater may be used as follows:

(a)

In compliance with the category 1 standard, for:

(I)

Evaporative industrial processes;

(II)

Nonevaporative industrial processes;

(III)

Nondischarging construction and road maintenance;

(IV)

Landscape irrigation at sites with restricted access;

(V)

Zoo operations;

(VI)

When not used as a food crop, irrigation of industrial hemp or another crop; and

(VII)

Silviculture;

(b)

In compliance with the category 2 standard, for:

(I)

All of the uses for which reclaimed domestic wastewater may be used in compliance with the category 1 standard;

(II)

Washwater applications;

(III)

Landscape irrigation at sites without restricted access;

(IV)

Commercial laundries;

(V)

Automated vehicle washing;

(VI)

Manual, nonpublic vehicle washing; and

(VII)

Nonresidential fire protection;

(c)

In compliance with the category 3 standard, for:

(I)

All of the uses for which reclaimed domestic wastewater may be used in compliance with the category 1 standard and the category 2 standard;

(II)

Landscape irrigation at sites that are controlled by residents; and

(III)

Residential fire protection.

(3)

All reclaimed domestic wastewater systems must be compliant with and installed in accordance with article 155 of title 12 and any rules promulgated pursuant to that article.

(4)

Intentionally left blank —Ed.

(a)

On or before December 31, 2019, the commission may promulgate rules in accordance with this section.

(b)

In promulgating rules in accordance with this section, the commission:

(I)

May create new categories of water quality standards beyond the three categories set forth in this section; and

(II)

May recategorize any of the uses set forth in subsection (2) of this section to a less stringent category of water quality standard.

(c)

The commission, by rule, may authorize additional uses of reclaimed domestic wastewater for any of the categories of water quality standards set forth in subsection (2) of this section or may create a new category of water quality standard for one or more additional uses of reclaimed domestic wastewater.

(d)

The commission may promulgate rules more stringent than the standards and categories set forth in subsection (2) of this section only if the commission:

(I)

Determines that the standards and categories set forth in subsection (2) of this section are not protective of public health; and

(II)

Identifies:

(A)

A documented incident of microbial disease that the commission determines has a reasonable potential to affect public health and for which the commission has identified as likely originating from reclaimed domestic wastewater; or

(B)

A peer-reviewed published article that identifies a potential public health risk posed by the use of reclaimed domestic wastewater under the standards established in subsection (2) of this section.

(5)

Following a public stakeholders process, the water quality control division may develop policy, guidance, or best management practices that are consistent with this section, as the division deems necessary to implement this section.

(6)

In addition to the relief available under section 25-8-205 (6), the division may grant a user of reclaimed domestic wastewater a variance from the water quality standards set forth in subsection (2) of this section or established by rule by the commission pursuant to subsection (4) of this section if the user demonstrates to the division’s satisfaction that the proposed usage of reclaimed domestic wastewater will sufficiently protect public health and the environment.

(7)

Use of reclaimed domestic wastewater is allowed only in accordance with the terms and conditions of the decrees, contracts, and well permits applicable to the use of the source water rights or source water and any return flows therefrom.

Source: Section 25-8-205.9 — Control regulations for reuse of reclaimed domestic wastewater - industrial hemp - definitions - rules, 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

§ 25-8-205.9’s source at colorado​.gov