(1)The
department has, in addition to all other powers and duties imposed upon it by law,
the powers and duties provided in this section as follows:
(a)Construction of community water facilities. To examine plans,
specifications, and other related data pertaining to the proposed construction of
any publicly or privately owned community water facilities submitted for review of
sanitary engineering features prior to construction of such facilities;
(b)Quality of drinking water.
(I)To adopt and enforce minimum general
sanitary standards and regulations to protect the quality of drinking water supplied
to the public, including the authority to require disinfection and treatment of such
water.
(II)Standards and regulations adopted pursuant to this paragraph (b) may
also include
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(1) The
department has, in addition to all other powers and duties imposed upon it by law,
the powers and duties provided in this section as follows:
(a) Construction of community water facilities. To examine plans,
specifications, and other related data pertaining to the proposed construction of
any publicly or privately owned community water facilities submitted for review of
sanitary engineering features prior to construction of such facilities;
(b) Quality of drinking water. (I) To adopt and enforce minimum general
sanitary standards and regulations to protect the quality of drinking water supplied
to the public, including the authority to require disinfection and treatment of such
water.
(II) Standards and regulations adopted pursuant to this paragraph (b) may
also include such minimum standards and regulations as are necessary to assume
enforcement of the federal Safe Drinking Water Act with regard to public water
systems, including, but not limited to, requirements for:
(A) Review and approval by the department, prior to initiation of
construction, of the technical plans and specifications, long-term financial plans,
and operations and management plans for any new waterworks or technical plans
and specifications for substantial modifications to existing waterworks. For the
purposes of this subparagraph (II), waterworks means the facilities that are
directly involved in the production, treatment, or distribution of water for public
water systems, as defined in section 141.2 of the national primary drinking water
regulations. The department shall approve those new or substantially modified
waterworks it determines are capable of complying with the Colorado primary
drinking water regulations.
(B) Maintenance of records by the supplier of water relating to the results of
tests and procedures required by the standards and regulations, including filing
periodic reports with the department;
(C) Public notification by the supplier of water, pursuant to the provisions of
the federal Safe Drinking Water Act;
(D) Granting exemptions and variances from the minimum general sanitary
standards to allow appropriate time for compliance, when such procedure can be
effected without seriously jeopardizing the public health.
(c) Exemption of public water systems. (I) To exempt a water supplier from
any further documentation requirements for purposes of establishing that it does
not meet the definition of a public water system and is not subject to the
requirements of the federal Safe Drinking Water Act, where such water supplier
has provided to the department evidence of the following:
(A) An ordinance, resolution, contractual provision, or other similarly
enforceable enactment that prohibits connection to the system for the purpose of
obtaining water for human consumption; and
(B) Either an annual visual inspection of the water supply system for the
purpose of determining the presence of any unauthorized connections to the water
supply system, or an annual written survey of those individuals or entities with
whom the supplier has a contractual relationship governing the uses to which such
water is placed by the contracting parties.
(II) Nothing in subparagraph (I) of this paragraph (c) shall be construed to
eliminate from the provisions of the federal Safe Drinking Water Act any
exclusion that may otherwise be available under federal law or regulation.
(d) Lab certification program for testing drinking water. (I) To establish and
maintain a laboratory certification program for the purpose of ensuring competent
testing of drinking water as required by the federal Safe Drinking Water Act and
minimum general sanitary standards as set forth in section 25-1.5-202. Certification
procedures shall, at a minimum, include water supply evaluation verification and on-site inspections. The laboratory certification program shall consist of certification
levels which correspond to the testing capability and capacity of each laboratory. In
addition to certifying laboratories for contaminants regulated as of May 11, 1988,
the department shall adopt and implement a schedule for certifying sufficient
laboratory capacity for the testing and analysis of contaminants for which
reference methods are available and which are scheduled to be regulated under the
federal Safe Drinking Water Act.
(II) Upon request, the department shall refer a public water supplier to a
laboratory, either the department's or one certified by the department, which is
determined to be equipped to perform the required testing and analysis on a timely
basis.
(III) To facilitate an effective laboratory certification program, the
department shall work with local public water suppliers toward creating and
maintaining a centralized database which:
(A) Quantifies the current and expected demands for the monitoring, testing,
and analysis of each supplier, grouped according to the size of the supply system,
the source of its supply, and the requirements imposed on each supplier;
(B) Includes an updated list of laboratories certified and available for the
testing and analysis of specific contaminants; and
(C) Tracks violations of drinking water standards for the purpose of
facilitating an exchange among public water suppliers in addressing similar
problems posed by specific contaminants.
(e) Drinking water list. To cooperate with and assist the Colorado water
resources and power development authority in the administration of the drinking
water revolving fund created by section 37-95-107.8, C.R.S., including adopting
rules governing the drinking water project eligibility list provided by said section
and modifications to the eligibility list for submission to the general assembly, and
to take any other actions necessary to assist the authority in complying with the
requirements of the federal Safe Drinking Water Act.
(f) Repealed.