(1) Legislative declaration. The general assembly hereby declares that the public policy of this state is to protect state waters and the environment from impairment or degradation due to the improper use of agricultural chemicals while allowing for their proper and correct use, in particular, to provide for the management of agricultural chemicals to prevent, minimize, and mitigate their presence in state waters and to provide for the education and training of agricultural chemical applicators and the general public regarding the protection of state waters, agricultural chemical use, and the use of other agricultural methods.
(2) Repealed.
(3) Powers and duties of the commissioner of agriculture. (a) The commissioner of agriculture shall identify agricultural management areas in the state.
(b) The commissioner shall promulgate rules for the following:
(I) Facilities for the storage of pesticides in bulk, except for facilities storing pesticides used for water treatment at public water systems, which are systems used to provide the public with piped water for human consumption, and domestic wastewater treatment works;
(II) Mixing and loading areas where any of the following are handled in any one-year period:
(A) Five hundred gallons or more, in the aggregate, of formulated product or combination of formulated products of liquid pesticides;
(B) Three thousand pounds or more, in the aggregate, of formulated product or combination of formulated products of dry pesticides;
(C) One thousand five hundred pounds or more, in the aggregate, of active ingredients of pesticides;
(III) Storage facilities where any liquid fertilizer is stored in any container or series of interconnected containers having a capacity greater than five thousand gallons;
(IV) Storage facilities where fifty-five thousand pounds or more, in the aggregate, of formulated product or combination of formulated products of bulk dry fertilizer are stored;
(V) Mixing and loading areas at any storage facility subject to the provisions of this section.
(b.1) No rule promulgated pursuant to paragraph (b) of this subsection (3) shall apply to any field mixing and loading of agricultural chemicals.
(b.2) Every rule promulgated pursuant to paragraph (b) of this subsection (3) shall include a three-year phase-in period after promulgation of the rule for persons subject to the rule.
(b.3) Pursuant to paragraph (h) of this subsection (3), the commissioner is authorized to enforce rules promulgated pursuant to paragraph (b) of this subsection (3).
(c) The commissioner may, in his discretion, develop best management practices for any other activity relating to the use of any agricultural chemical.
(d) If the commissioner determines that the use of best management practices is ineffective or insufficient to prevent or mitigate the pollution of state waters, the commissioner may require, by rule adopted pursuant to article 4 of title 24, the use of agricultural management plans.
(e) The commissioner is authorized to adopt, pursuant to article 4 of title 24, C.R.S., any other reasonable rules and regulations for the administration and implementation of this section.
(f) The commissioner is authorized to enter into an agreement with the Colorado cooperative extension service to provide training and education as specified in subsection (4) of this section.
(g) The commissioner shall perform the monitoring specified in subsection (5) of this section. The commissioner shall enter into an agreement with the department of public health and environment to assist in the identification of agricultural management areas and to perform analysis, interpretation, and reporting of state waters monitoring data supplied by the commissioner.
(h) With respect to any rule or regulation adopted pursuant to paragraph (b) of this subsection (3) only, the commissioner shall have the following investigation and enforcement powers:
(I) At any reasonable time during regular business hours, the commissioner shall have free and unimpeded access upon consent or upon obtaining an administrative search warrant:
(A) To all areas, buildings, yards, warehouses, and storage facilities in which any agricultural chemicals are kept, stored, handled, processed, or transported; and
(B) To all records, if any, required to be kept and to make copies of such records.
(II) The commissioner shall have full authority to administer oaths and take statements, to issue administrative subpoenas requiring the attendance of witnesses before him and the production of all books, memoranda, papers, and other documents, articles, or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of any witness to obey any subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be punishable as a contempt of court.
(III) Any complaints of record made to the commissioner and the results of his investigations may, in the discretion of the commissioner, be closed to public inspection, except as provided by court order, during the investigatory period and until dismissed or until notice of hearing and charges are served on any such person subject to a rule or regulation adopted pursuant to paragraph (b) of this subsection (3).
(IV) (A) Whenever the commissioner has reasonable cause to believe that a violation of any rule or regulation adopted pursuant to paragraph (b) of this subsection (3) has occurred and immediate enforcement is deemed necessary, he may issue a cease-and-desist order, which may require any person to cease violating any such rule or regulation. Such cease-and-desist order shall set forth the rule or regulation alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions be ceased forthwith.
(B) At any time after the date of the service of the order to cease and desist, the person may request a hearing on the question of whether or not such violation has occurred. Such hearing shall be concluded in not more than ten days after such request, excluding Saturdays, Sundays, and any legal holidays, and shall be conducted pursuant to the provisions of article 4 of title 24, C.R.S.
(C) In the event that any person fails to comply with a cease-and-desist order within twenty-four hours, the commissioner may bring a suit for a temporary restraining order and injunctive relief to prevent any further or continued violation of such order.
(D) No stay of a cease-and-desist order shall be issued before a hearing thereon involving both parties.
(E) Matters brought before a court pursuant to this section shall have preference over other matters on the court's calendar.
(V) Whenever the commissioner possesses evidence satisfactory to him that any person has engaged in or is about to engage in any act or practice constituting a violation of any rule or regulation adopted pursuant to paragraph (b) of this subsection (3), he may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with the rule or regulation. In any such action, the commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.
(VI) (A) Any person who violates any rule or regulation adopted pursuant to paragraph (b) of this subsection (3) is subject to a civil penalty, as determined by the commissioner. The maximum penalty shall not exceed one thousand dollars per violation. Each day the violation occurs shall constitute a separate violation.
(B) No civil penalty may be imposed unless the person charged is given notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S.
(C) If the commissioner is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the commissioner, the commissioner may recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.
(D) Before imposing any civil penalty, the commissioner may consider the effect of such penalty on the ability of the person charged to stay in business.
(4) Training and education. The Colorado cooperative extension service, acting in cooperation with the commissioner of agriculture and pursuant to any contract authorized in paragraph (f) of subsection (3) of this section, shall disseminate information and provide training regarding agricultural management areas, best management practices, and agricultural management plans.
(5) Monitoring. Pursuant to the commissioner's duties as set forth in any contract authorized in subsection (3)(g) of this section, the commissioner shall identify agricultural management areas and shall conduct monitoring programs to determine:
(a) The presence of any agricultural chemical in state waters at a level that meets or exceeds any water quality standard applicable under this article 8 or that has a reasonable likelihood of meeting or exceeding any such standard; or
(b) The likelihood that an agricultural chemical will enter the state waters, based upon the existence of sufficient, valid scientific data that reasonably predict the behavior of a particular agricultural chemical in the soil.
(6) Reporting of monitoring results - regulation. (a) If the division determines that any agricultural chemical exists at a level which meets or exceeds any water quality standard or which has a reasonable likelihood of meeting or exceeding any such standard, it shall so notify the commissioner of agriculture and shall provide him with any written reports it deems necessary or desirable to define the extent of such occurrence. When the commissioner has been notified of such an occurrence related to an agricultural chemical which is registered as a pesticide, he shall take reasonable steps to notify the registrant of any such pesticide. When the commissioner has been notified of such an occurrence related to any other agricultural chemical, he shall take reasonable steps to notify the distributors of such chemical in the area affected by such occurrence.
(b) Unless such occurrence is determined by the commissioner of agriculture and the water quality control commission to require a control regulation as set forth in paragraph (c) of this subsection (6), the commissioner of agriculture may promulgate rules and regulations regarding the use of any agricultural chemical giving rise to the occurrence.
(c) If continued monitoring reveals that rules and regulations adopted by the commissioner pursuant to this section are not preventing or mitigating the presence of the subject agricultural chemical to the extent necessary, the commissioner of agriculture and the water quality control commission shall confer and determine whether an amendment to such rules and regulations may be sufficient to prevent or mitigate the occurrence to the extent necessary. Only if the commissioner of agriculture and the water quality control commission determine that such rules and regulations have been or will be insufficient to meet the requirements of state law or the federal act shall the occurrence be referred to the water quality control commission for the promulgation of a control regulation. In the event that the commissioner of agriculture and the water quality control commission fail to agree on such a determination, the authority of the water quality control commission shall be final.
(7) Promulgation of control regulations. (a) With respect to the regulation of pollutants from agricultural chemicals, the water quality control commission is authorized to promulgate control regulations only when:
(I) Any occurrence has been referred to the commission pursuant to subsection (6) of this section; or
(II) Incentive, grant, and cooperative programs are determined by the water quality control commission to be inadequate as set forth in section 25-8-205 (5).
(b) Any such control regulations shall be promulgated in consultation with the commissioner of agriculture.
(8) Groundwater protection fund - transfer of moneys to the plant health, pest control, and environmental protection cash fund - fees. The fees as specified and collected pursuant to sections 35-9-118 (3)(a) and 35-12-106 (1), C.R.S., and any civil fines imposed pursuant to subparagraph (VI) of paragraph (h) of subsection (3) of this section shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3, C.R.S. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the groundwater protection fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.
(9) Repealed.
Source: L. 90: Entire section added, p. 1330, � 4, effective July 1. L. 91: (8) amended, p. 1918, � 41, effective June 1. L. 93: (3)(b) amended and (3)(b.1), (3)(b.2), and (3)(b.3) added, p. 996, � 1, effective June 2. L. 94: (3)(g) amended, p. 2789, � 519, effective July 1. L. 96: (9) repealed, p. 1260, � 163, effective August 7. L. 2002: (3)(g) and IP(5) amended, p. 1101, � 1, effective June 3. L. 2009: (8) amended, (HB 09-1249), ch. 87, p. 319, � 15, effective July 1. L. 2014: (3)(b)(I) amended, (SB 14-142), ch. 65, p. 289, � 1, effective March 27. L. 2019: (1), (3)(d), (3)(g), and (5) amended and (2) repealed, (SB 19-186), ch. 422, p. 3689, � 2, effective August 2.
Cross references: For the legislative declaration contained in the 1994 act amending subsection (3)(g), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996.
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.
Source: L. 2018: Entire section added, (HB 18-1093), ch. 171, p. 1197, � 3, effective August 8. L. 2019: (1)(f) amended, (HB 19-1200), ch. 78, p. 283, � 1, effective August 2; (3) amended, (HB 19-1172), ch. 136, p. 1704, � 162, effective October 1.
25-8-205.8. Control regulations for reuse of reclaimed domestic wastewater - toilet flushing - 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, except as provided in subsection (1.5) of this section, 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.
(1.5) With regard to reclaimed domestic wastewater used for indoor nonpotable uses within a building where the general public can access the plumbing fixtures that are used to deliver the reclaimed domestic wastewater, the commission may promulgate rules to require a point of compliance for disinfection residual, which rules must:
(a) Be based on a determination that the additional point of compliance would protect public health; and
(b) Establish a point of compliance for disinfection residual at a single location between where reclaimed domestic wastewater is delivered to the occupied premises and before the water is distributed for use in the occupied premises.
(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) Irrigation of crops that are not food 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; and
(VII) Nonresidential fire protection;
(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) Toilet and urinal flushing in:
(A) Multifamily residential structures, only if the toilet and urinal installations are conducted in accordance with article 155 of title 12 and rules promulgated pursuant to that article. Any toilet or urinal installation must conform to article 155 of title 12 and rules promulgated pursuant to that article.
(B) Nonresidential structures, only if the toilet and urinal installations are conducted in accordance with article 155 of title 12 and rules promulgated pursuant to that article. Any toilet or urinal installation must conform to article 155 of title 12 and rules promulgated pursuant to that article.
(3) (a) (I) On or before December 31, 2019, and except as provided in subsection (3)(a)(II) of this section, the commission may promulgate rules in accordance with this section.
(II) Notwithstanding subsection (3)(a)(I) of this section, the state plumbing board shall promulgate rules governing the installation and inspection of toilet and urinal systems and structures for which reclaimed domestic wastewater is used pursuant to subsection (2)(c)(IV) of 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.
(4) 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.
(5) 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 (3) 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.
(6) 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.
Source: L. 2018: Entire section added, (HB 18-1069), ch. 179, p. 1220, � 3, effective August 8. L. 2019: (1)(f) amended and (1.5) added, (HB 19-1200), ch. 78, p. 283, � 2, effective August 2; (2)(c)(IV) amended, (HB 19-1172), ch. 136, p. 1704, � 163, effective October 1.
25-8-205.9. Control regulations for reuse of reclaimed domestic wastewater - industrial hemp - 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) Industrial hemp has the same meaning as set forth in section 35-61-101 (7).
(g) 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) When not used as a food crop, irrigation of industrial hemp or another crop; 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; and
(VII) Nonresidential fire protection;
(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; and
(III) Residential fire protection.
(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) (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.
(5) 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.
(6) 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 (4) 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.
(7) 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.
Source: L. 2018: Entire section added, (SB 18-038), ch. 400, p. 2366, � 3, effective August 8. L. 2019: (1)(g) amended, (HB 19-1200), ch. 78, p. 284, � 3, effective August 2; (3) amended, (HB 19-1172), ch. 136, p. 1704, � 164, effective October 1.