Section 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;(VI) Irrigation of crops that are not food crops; and(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.Amended by 2019 Ch. 136, § 163, eff. 10/1/2019.Amended by 2019 Ch. 78, § 2, eff. 8/2/2019.Added by 2018 Ch. 179, § 3, eff. 8/8/2018.L. 2018: Entire section added, (HB 18-1069), ch. 179, p. 1220, § 3, effective August 8.