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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. |
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