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No consent to withdraw ground water referred to in section 12.4.1002 of this part shall be deemed to be given by the overlying landowner with respect to specific, delineated portions of the overlying land if:
A. The landowner can demonstrate, to the satisfaction of the Chief Executive Officer, service to the portion of the land is not reasonably available from the Utilities, in accord with the provisions of this article and/or chapter 7 of this Code, and no plan has been established by Utilities which would allow the landowner to obtain an alternative water supply;
B. Prior to January 1, 1985, the ground water was conveyed or reserved or consent to use the ground water was given or reserved in writing to anyone other than the City of Colorado Springs and the conveyance, reservation, or consent is properly recorded prior to August 31, 1985;
C. Consent to use the ground water has been given to anyone other than the City of Colorado Springs by the lawful effect of an ordinance adopted by City Council, provided the ordinance or resolution was adopted prior to January 1, 1985;
D. The ground water has been decreed or permitted to anyone other than the City of Colorado Springs prior to the effective date hereof; or
E. The portion of the land is not being served by Utilities as of August 25, 1985, and the ground water is the subject of an application for determination of a right to use ground water filed in the water court prior to July 1, 1985, provided that the application is ultimately successful and the rights are decreed to the applicant. (Ord. 98-173; Ord. 01-42; Ord. 18-42)
PART 11 RECLAIMED WATER USE
SECTION:
12.4.1101: Purpose
12.4.1102: Applicability
12.4.1103: Definitions
12.4.1104: Authorization To Use Reclaimed Water
12.4.1105: Certification
12.4.1106: Conditions For Use Of Reclaimed Water
12.4.1107: Monitoring, Record Keeping And Reporting Requirements
12.4.1108: Admission To Property
12.4.1109: Noncompliance With Notice Of Authorization And This Part
Use of reclaimed water for landscape irrigation and other nonpotable purposes has long been practiced by the City of Colorado Springs and other municipalities as a means of reducing the demand on drinking water supply sources and storage. Providing such water is a service subject to availability of such water meeting appropriate quality, supply, delivery and use requirements. The State of Colorado has adopted laws and regulations that promote the use of reclaimed water while at the same time protecting public health, safety and welfare. The regulations are specifically contained in Colorado Water Quality Control Commission Regulation 84, "Reclaimed Water Control Regulation" 1 . The Colorado Reclaimed Water Control Regulation establishes requirements, prohibitions, standards and concentration limits for the use of reclaimed water for landscape irrigation and other nonpotable applications. This part sets forth the necessary requirements for implementation of the State regulation by users receiving reclaimed water service from the Utilities. (Ord. 00-205; Ord. 01-42; Ord. 07-60)
Notes
| 1 | 1. 5 CCR 1002-84. |
This part applies to the use of reclaimed water for landscape irrigation and approved industrial and commercial uses as provided in subsection 12.4.1104B of this part. This part also applies to and includes reclaimed water which has been blended with, or has the potential to contain, nonpotable water such as water diverted from streams, rivers, lakes or ground water. This part does not apply to landscape irrigation that uses, at all times, either untreated nonpotable water solely from ground water, or streams, rivers and lakes, or treated drinking water supply. This part does not apply to the use of reclaimed water for on site landscape irrigation by the wastewater treatment plant, agricultural uses, or wastewater that has been treated and released to State waters prior to subsequent use. (Ord. 00-205; Ord. 01-42; Ord. 07-60)
AGRONOMIC RATE: The rate of application of reclaimed water and associated nutrients to plants that is necessary to satisfy the plants' nutritional and watering requirements while strictly minimizing the amount of nutrients that run off to surface waters or which pass below the root zone of the plants.
APPROVED USES: Approved uses of reclaimed water in the Colorado Springs Utilities water service area are provided in subsection 12.4.1104B of this article.
COLORADO RECLAIMED WATER CONTROL REGULATION: The most recent version of Regulation 84 2 promulgated pursuant to the Colorado Water Quality Control Act. Its purpose is to establish requirements, prohibitions, standards and concentration limits on the use of reclaimed water to protect public health and the environment while encouraging the use of reclaimed water.
COLORADO WATER QUALITY CONTROL DIVISION (WQCD): A division of the Colorado Department of Public Health and Environment, headquartered in Denver, Colorado, which administers the Reclaimed Water Control Regulation.
COMMERCIAL RECLAIMED WATER USER: A person who uses reclaimed water in the operation of a business patronized by the public, or who provides services to the public.
INDUSTRIAL RECLAIMED WATER USER: A person who uses reclaimed water for industrial processes or in the construction process.
LANDSCAPE IRRIGATION: Irrigation of areas of grass, trees, and other vegetation that are accessible to the public including, but not limited to, parks, greenbelts, golf courses and common areas at apartments, townhouses, commercial/business parks, and other similar complexes.
LANDSCAPE IRRIGATION USER: A person who uses reclaimed water for the purpose of landscape irrigation.
NONPOTABLE DISTRIBUTION MAIN: That portion of the nonpotable system which transmits and distributes nonpotable water from treatment or storage facilities to the user's service connection.
NONPOTABLE WATER: Water that is not treated to potable drinking water standards and is not suitable, nor intended, for human consumption (drinking, washing, or culinary purposes), but is produced and delivered to users for irrigation and approved commercial and industrial uses. Nonpotable water includes treated wastewater (reclaimed water) and raw (untreated) ground water and surface water.
NOTICE OF AUTHORIZATION: A notice issued by the Colorado WQCD to treaters and reclaimed water users containing terms, limitations, and conditions as are deemed necessary by the Colorado WQCD, to ensure compliance with the Reclaimed Water Control Regulations.
RECLAIMED WATER: Wastewater that has received secondary treatment by a domestic wastewater treatment works and such additional treatment to enable the wastewater to meet the standards for approved uses.
RECLAIMED WATER USER: A person who uses reclaimed water for landscape irrigation, or commercial or industrial approved uses.
RESTRICTED ACCESS: Controlled and limited access to the areas where reclaimed water meeting Category 1 standards, as defined in section 84.7 of the Reclaimed Water Control Regulation, is used.
TREATER: A person who treats and provides reclaimed water to a user for the purposes of landscape irrigation, and commercial or industrial approved uses. In the City of Colorado Springs, the treater is Colorado Springs Utilities. The treater and the user may be the same entity.
UNRESTRICTED ACCESS: Uncontrolled access to the areas where reclaimed water meeting the Category 2 standards, as defined in section 84.7 of the Reclaimed Water Control Regulation, is used.
USER PLAN TO COMPLY: The information and documentation a reclaimed water user is required to submit to the treater that describes procedures and activities enabling the reclaimed water user to comply with the conditions for use of reclaimed water included in section 84.9 of the Reclaimed Water Control Regulation.
USER'S RECLAIMED WATER SYSTEM: The reclaimed water system piping, meter pit and appurtenances, as approved by the Utilities, that extends from the connection at the Utilities' nonpotable distribution main to the user's reclaimed water system. The user's reclaimed water system is not owned by the Utilities. (Ord. 00-205; Ord. 01-42; Ord. 07-60)
Notes
| 1 | |
| 2 | 2. 6 CCR 1001-84. |
A. Notice Of Authorization Required: This part applies to individual users of reclaimed water. Users that wish to use reclaimed water for landscape irrigation or other approved uses shall obtain a notice of authorization from the Colorado WQCD, in accord with this part and the Reclaimed Water Control Regulation. Users who wish to commence use of reclaimed water on or after the effective date hereof must receive a notice of authorization prior to any use of reclaimed water.
B. Approved Uses Of Reclaimed Water: The following are the only approved uses for reclaimed water. All other uses of reclaimed water are prohibited.
1. Landscape irrigation: Unrestricted access.
2. Industrial reclaimed water uses:
Closed loop cooling system.
Concrete mixing and washout.
Cooling tower.
Dust control.
Soil compaction.
3. Commercial reclaimed water uses:
Mechanized street cleaning.
Zoo operations.
C. User Plan To Comply; Landscape Irrigation: To obtain a notice of authorization, every proposed landscape irrigation user shall provide the following information to the Utilities on the forms provided by the Chief Executive Officer:
1. User information including name of entity; legally responsible person's name; address; telephone number; e-mail address; and site address where reclaimed water will be used;
2. An 8.5 inch by eleven inch (11") or an eleven inch by seventeen inch (11" x 17") map or schematic drawing indicating the specific area(s) where landscape irrigation with reclaimed water will take place and that such area(s) will be considered unrestricted access; restricted access uses are not available from the Utilities;
3. A description of Best Management Practices that the landscape irrigation user intends to implement to ensure that direct and windblown spray and other means of human exposure from irrigation systems will be confined to the areas designated and approved in the notice of authorization;
4. Best Management Practices the landscape irrigation user intends to employ to ensure that application rates shall be controlled to strictly minimize ponding and runoff and to minimize the amount of applied water and associated pollutants that pass through the root zone of the plants to be irrigated (e.g., rain shutoff devices, application at evapotranspiration rates adjusted for irrigation efficiency, daily inspection, or other means); and
5. Information supplied by the landscape irrigation user demonstrating that the user plan to comply meets other applicable conditions for use in accord with section 84.9(C) of the Reclaimed Water Control Regulation.
D. User Plan To Comply; Commercial And Industrial Approved Uses: To obtain a notice of authorization, every proposed commercial or industrial reclaimed water user shall provide the following information to the Utilities on the forms provided by the Chief Executive Officer:
1. User information including name of entity, legally responsible person's name, address, telephone number, e-mail address;
2. A description of how reclaimed water is to be used;
3. An 8.5 inch by eleven inch (11") or eleven inch by seventeen inch (11" x 17") map or schematic showing where such use will occur;
4. The potential for public contact with reclaimed water used in the commercial or industrial operations or processes;
5. The fate of wastewater streams from the commercial or industrial operation or process after use (e.g., discharge to sanitary sewer, lined evaporation/recovery pond, or other location);
6. Best Management Practices the commercial or industrial reclaimed water user intends to implement to prevent or minimize direct and windblown spray and other pathways of human exposure to reclaimed water; and
7. Information supplied by the commercial or industrial reclaimed water user demonstrating that the user plan to comply meets other applicable conditions for use in accordance with section 84.9(C) of the Colorado Reclaimed Water Control Regulation.
E. Statement: Each user plan to comply shall include a statement signed by the reclaimed water user, or a legal representative of the user, that certifies:
1. The reclaimed water user has been provided with a copy of the Colorado Reclaimed Water Control Regulation and has agreed to comply with the applicable requirements of the Reclaimed Water Control Regulation, in particular the conditions for use of reclaimed water described in sections 84.8 and 84.9 of the Reclaimed Water Control Regulation. The user shall submit the certification statement provided in section 12.4.1105 of this part with the information required in this section.
2. The reclaimed water user agrees to allow the Utilities and/or the Colorado Department of Public Health and Environment access to the site to determine whether the user is in compliance with this section, with the Colorado Reclaimed Water Control Regulation, the notice of authorization and/or to perform monitoring and analysis as may be required. (Ord. 00-205; Ord. 01-42; Ord. 07-60; Ord. 18-42)
Persons who are required to make submittals pursuant to this part, shall include the following certification statement:
I certify, under penalty of law, that the information I am providing in this submittal is true, accurate, and correct. This determination has been made under my direction and supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.
(Ord. 00-205; Ord. 01-42)
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