12.4.1105: CERTIFICATION:

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)

12.4.1106: CONDITIONS FOR USE OF RECLAIMED WATER:

   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)

12.4.1107: MONITORING, RECORD KEEPING AND REPORTING REQUIREMENTS:

   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)

12.4.1108: ADMISSION TO PROPERTY:

   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)

12.4.1109: NONCOMPLIANCE WITH NOTICE OF AUTHORIZATION AND THIS PART:

   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:

      1.   Authority To Take Action: Whenever the Chief Executive Officer finds that any user has violated or is violating this part, the Chief Executive Officer may take any action authorized by sections 12.1.115 and/or 12.1.117 of this chapter.

      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.

12.4.1201: SCOPE AND APPLICABILITY:

   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)