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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)
A. Conditions for use of reclaimed domestic wastewater are as required by State law, the Colorado Reclaimed Water Control Regulation and the notice of authorization issued by the Colorado WQCD, this Code, this part, and the nonpotable water line extension and service standards.
B. All drawings, plans, specifications, and other documents required by the nonpotable water line extension and service standards shall be submitted to and approved by the Chief Executive Officer prior to connecting a nonpotable service line to the water supply system.
C. The nonpotable water line extension and service standards, as provided by subsection 12.1.110B1c of this chapter, may include requirements such as pipe installation specifications necessary to efficiently implement State law and the Colorado Reclaimed Water Control Regulation. The nonpotable water line extension and service standards shall be consistent with the State goals of encouraging the use of reclaimed domestic wastewater, while assuring protection of the public health, safety and welfare. The nonpotable water line extension and service standards shall not be less stringent than the requirements of the Colorado Reclaimed Water Control Regulation. (Ord. 00-205; Ord. 01-42; Ord. 07-60; Ord. 18-42)
A. General Requirements: Reclaimed water users may be subject to such monitoring, record keeping and reporting requirements as may be reasonably required by the Colorado WQCD to ensure compliance with its requirements, including, but not limited to:
1. For each reclaimed water user, the total volume of reclaimed domestic water used per year;
2. For landscape irrigation users, each location with the associated acreage where reclaimed water was applied; and
3. Information demonstrating the reclaimed water user's compliance with the conditions for use of reclaimed water, as provided in subsection 12.4.1106A of this part.
B. Annual Report: The information required by subsection A of this section and other information as requested by the Chief Executive Officer shall be submitted by the reclaimed water user annually, by January 3 of each and every year, on forms provided by the Chief Executive Officer, with the certification found in section 12.4.1105 of this part.
C. Duty To Notify: Reclaimed water users shall report any violation of the Colorado Reclaimed Water Control Regulation and/or notice of authorization at their respective facilities in writing to the Utilities and to the Colorado WQCD within thirty (30) days of becoming aware of the violation. For more serious violations (including nonpermitted discharges to surface waters, uncontrolled cross connections, or other violations posing an immediate threat to public health or the environment) shall be reported orally to the Utilities and the Colorado WQCD within twenty four (24) hours of becoming aware of the violation, and shall be followed up by written report within five (5) working days. The written report shall contain a description of the noncompliance, including exact dates and times; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. (Ord. 00-205; Ord. 01-42; Ord. 07-60; Ord. 18-42)
A. Whenever it shall be necessary for the purposes of this part, the Chief Executive Officer upon the presentation of proper credentials, may enter upon the property or premises of any reclaimed water user or suspected user of reclaimed water at reasonable times for the purposes of:
1. Inspecting on a regular basis or for cause to assure compliance with the requirements of this part, State law, and the Colorado Reclaimed Water Control Regulation, any notice of authorization, and the user plan to comply.
2. Copying any records required to be kept under the provisions of this part, the Colorado Reclaimed Water Control Regulation or of the notice of authorization.
3. Inspecting any monitoring equipment, Best Management Practices or other measures to assure compliance with the provisions in the user plan to comply or requirements of the notice of authorization.
B. Any inspection shall be completed with reasonable promptness. The occupant of such property or premises shall render all proper assistance in such activities.
C. If entry or inspection to any property is denied or not promptly consented to for the purposes described in subsection A of this section, the Chief Executive Officer is empowered to obtain, from Municipal, County or State District Court with jurisdiction, a warrant to enter and inspect any such property, premises or place. (Ord. 00-205; Ord. 01-42; Ord. 07-60; Ord. 18-42)
A. Chief Executive Officer Compliance Oversight: The Colorado Reclaimed Water Control Regulation requires the treater to conduct inspections of a representative number and type of reclaimed water user sites to determine reclaimed water user compliance with the user plan to comply, notice of authorization, and the Colorado Reclaimed Water Control Regulations. If the treater is aware of a violation by a reclaimed water user and does not report it as required by the Colorado Reclaimed Water Control Regulations, the treater may be subject to an enforcement action for failure to report the violation.
B. Noncompliance Correction: The Colorado Reclaimed Water Control Regulation provides where the treater finds violations by a reclaimed water user, up to sixty (60) days may be used by the treater to work with the reclaimed water user to resolve the violation. If the violation is resolved, no separate notice to the Colorado WQCD is required. The violation is to be reported in the treater's annual report to the Colorado WQCD. If the violation is continuing after a total of sixty (60) days from the time the treater became aware of the violation, the treater shall report the violation to the Colorado WQCD within five (5) working days.
C. Noncompliance Enforcement: It is the purpose of this section to provide additional and cumulative remedies. The Chief Executive Officer may use the following remedies individually, sequentially or in any order:
2. Service Discontinuance: The Utilities may discontinue reclaimed water service for reasons provided in the Colorado Springs Utilities tariffs, rules and regulations, section 13, including, but not limited to, violations of this Code or the nonpotable water line extension and service standards, unsafe conditions, and denying right of access. Procedures for discontinuance of service are as provided in the Colorado Springs Utilities tariffs.
D. Judicial Review: Any person aggrieved by the imminent hazard order of the Chief Executive Officer may appeal said order to the Hearing Officer in accord with subsection 12.1.115C of this chapter. If a timely request for hearing is made, the decision of the Hearing Officer shall be a final order. Any party adversely affected by the decision of a Hearing Officer may appeal it to the District Court in and for the County of El Paso pursuant to rule 106(a)(4) of the Colorado Rules of Civil Procedure. If the alleged violator fails to submit a timely request for a hearing, the alleged violator has failed to exhaust administrative remedies and may not appeal the notice or order to District Court. (Ord. 00-205; Ord. 01-42; Ord. 07-60; Ord. 18-42)
PART 12 CROSS CONNECTION CONTROL 1
SECTION:
12.4.1201: Scope And Applicability
12.4.1202: Definitions
12.4.1203: Unlawful Acts
12.4.1204: Plan Approval
12.4.1205: Inspection
12.4.1206: Admission To Property
12.4.1207: Requirements
12.4.1208: Management Plan
12.4.1209: Testing
12.4.1210: Installation, Repair And Replacement Of Backflow Prevention Assemblies And Methods
12.4.1211: Recordkeeping
12.4.1212: Cross Connection Survey
12.4.1213: Enforcement; Remedies
12.4.1214: Rights Of Appeal
Notes
| 1 | 1. Prior ordinance history: Ord. 01-41; Ord. 01-42; Ord. 05-135. |
A. This part sets forth uniform requirements for protecting the water supply system from backflow and enables Utilities to comply with all State and Federal laws and regulations required by the Federal Safe Drinking Water Act (42 USCA sections 300f through 300j-26, Public Law 93-523), including but not limited to the Colorado Primary Drinking Water Regulations (5 CCR 1002-11).
B. Utilities shall be the authority having jurisdiction over any user who has a cross connection to the water supply system.
C. Utilities is not responsible for controlling cross connections within public or private water systems that are not owned by Utilities or within a user's potable water system, except to the extent necessary to protect the water supply system.
D. In accord with section 7.5.1401
of this Code, where in any specific case different requirements are specified by the Regional Building Code, the more restrictive shall govern.
E. In the case of a conflict between this part and the service standards and specifications, this part shall govern. (Ord. 09-43; Ord. 17-42; Ord. 23-17)
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