2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 8 - WATER QUALITY CONTROL (§§ 25-8-101 — 25-8-1008) › Part 2 - WATER QUALITY CONTROL COMMISSION (§§ 25-8-201 — 25-8-210) › Section 25-8-205.7 - Control regulations for reuse of reclaimed domestic wastewater - food crops - 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)
(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)
"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)
Nonfood crops; 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;
(VII)
Nonresidential fire protection; and
(VIII)
If used in accordance with subsection (4) of this section, irrigation of food crops for commercial use;
(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;
(III)
Residential fire protection; and
(IV)
If used in accordance with subsection (3) of this section, irrigation of food crops for noncommercial use.
(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)
In addition to complying with the category 2 standard pursuant to subsection (2)(b)(VIII) of this section or the category 3 standard pursuant to subsection (2)(c)(IV) of this section and regardless of whether the use is for food crops produced for commercial use or noncommercial use, reclaimed domestic wastewater may be used for irrigation of food crops only if the use meets the water quality standards for commercial crops set forth in the federal "FDA Food Safety Modernization Act", Pub.L. 111-353, as amended. In promulgating rules for the category 2 and category 3 standards at the point of compliance for use of reclaimed domestic wastewater for irrigation of food crops, the commission shall not promulgate any rule that is more stringent than the relevant standards set forth in the federal "FDA Food Safety Modernization Act", Pub.L. 111-353, as amended.
(5)
(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.
(6)
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.
(7)
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 (5) 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.
(8)
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.
Amended by 2019 Ch. 136, § 162, eff. 10/1/2019.
Amended by 2019 Ch. 78, § 1, eff. 8/2/2019.
Added by 2018 Ch. 171, § 3, eff. 8/8/2018.
L. 2018: Entire section added, (HB 18-1093), ch. 171, p. 1197, § 3, effective August 8.