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Wednesday, March 10, 2021

Coming Down the Pipeline - Direct Potable Reuse Rule & Facility Classification Update

Direct Potable Reuse Rule - Stakeholder Process
Process kicks off March 16, 2021
Resource: Regulation 11 - Direct Potable Reuse Website

The state of Colorado expects to double its population by the year 2050, adding to demands on the state’s most precious resource (water). The state Colorado Water Plan lays out strategies to address projected gaps in water supply and demand, and direct potable reuse (DPR) is one of those strategies. DPR involves an extensive public outreach process and the installation of advanced water purification steps to ensure that wastewater can be safely reused for drinking water. There are no DPR systems approved in Colorado to generate potable water currently, but some utilities have previously operated pilot projects to showcase DPR's ability to address water needs for future generations. 

While DPR is not prohibited in the state, there are no federal or state regulations specifically for DPR. Regulated entities have requested that the division begin developing a DPR-specific rule through an engagement process to help ensure consistent implementation and outreach across the state. The addition of a DPR rule will allow water systems across the state to partner with the department to properly plan and communicate with their public about what is needed to safely accomplish DPR. Stakeholders have been actively helping develop the appropriate foundation for a Colorado DPR Rule. They have supported the development of a key guidelines document authored by the National Water Research Institute and an independent panel of national experts (December 2019).

The department will host virtual stakeholder meetings with public members and regulated entities to obtain feedback and begin drafting a proposed DPR rule for insertion within the Colorado Primary Drinking Water Regulations (Regulation 11).

Facility Classifications 
Effective March 1, 2021
Resource: division's facility classification website

Regulation 100 has updated facility classifications defining the required level for the Operator in Responsible Charge (ORC) that became fully effective on March 1, 2021. The change was adopted in 2018 when the Water and Wastewater Facility Operator Certification Board modified regulation 100 at the November 27, 2018 Rulemaking. The regulation included a phased application of the revised facility classification table.  First, the Engineering Section began using the regulatory update on March 1, 2019 to specify facility classifications for new/modified facilities.  Second, the facility classification tables became effective March 1, 2021 for all water and wastewater facilities. As a result of these regulatory updates becoming effective, some systems have a change of water and/or wastewater facility classification(s) that may cause a subset of drinking water and wastewater facilities to not have operators certified at the appropriate level to be the ORC. Not having an operator in responsible charge certified at the proper level will result in violations being issued. A summary of the violations that are anticipated is as follows:

  • Drinking water: ~124 systems of the ~2100 systems regulated by the department will receive a violation (~6%). Of the 2100 systems regulated, about 460 systems have a changed classification starting on March 1.  
  • Clean Water: ~122 of the ~764 permitted entities requiring ORC will receive a violation (~16%). Of the 764 permitted entities, about 153 systems have a changed classification starting on March 1. Note: By the same estimating method, ~96 of the ~764 permitted entities requiring ORC would receive a violation in February based on the current classification (~12.6%), or an increase of 3.4% with the classification change. 

The division urges you to verify your facility classifications per Regulation 100 and verify that your operator(s) has the correct certifications to be the ORC of your system.  If you have any questions, first check our webpage or your drinking water monitoring schedule to make sure you have the proper certification for your facility. Also, feel free to contact us - see below.

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