HB13-1044: Graywater Control Regulation No. 86

January 17, 2014 – Colorado Professionals in Onsite Wastewater Annual Education Conference

Water Quality Control Division

– Engineering Section

Bret Icenogle - Section Manager bret.icenogle@state.co.us 303-692-3278

David Kurz - Lead Wastewater Engineer david.kurz@state.co.us 303-692-3552

Melanie Criswell – Senior Review Engineer melanie.criswell@state.co.us 303-692-3603

Discussion Topics

Graywater Background

Laws, Regulations, and

Authorities

WQCD Stakeholder Project Plan

Workgroup Progress

What is Graywater?

Toilets; 18.5 gpcd

Dish-washers1.0 gpcd

Other Domestic; 1.6 gpcd

Leaks; 9.5 gpcdFaucets

10.9 gpcd

Bath1.2 gpcd

Shower11.6 gpcd

Clothes Washer

15.0 gpcd

Potential Graywater Flows

Source: Mayer et. al. 1999. Residential End Uses of Water. AWWA Research Foundation and AWWA

Indicator Organism Comparison

Source Total Coliform bacteria (MPN/100 mL)

Drinking Water Less than 1

Disinfected Tertiary Recycled Water

Less than 2.2

Disinfected Secondary Reclaimed Water

Less than 23

Swim Beach Standard Less than 235 E. Coli to remain open

Colorado Flooding SW sampling

0 to 911 E. Coli

Un-disinfected Reclaimed Water

20 to 2000

Graywater 100 to 100 millions

Raw Wastewater Millions to billionsModified from Sheikh, Bahman for AWWA, WEF, WateReuse. 2010. White Paper on Graywater.

0.00E+00

2.00E+07

4.00E+07

6.00E+07

8.00E+07

1.00E+08

1.20E+08

1.40E+08

1.60E+08

1.80E+08

2.00E+08

Graywater Study Results – Total Coliform (CFU/mL)

Western Graywater Regulation Summary

LAWS, REGULATIONS, AND AUTHORITIES

Colorado House Bill 13-1044

Signed by Governor Hickenlooper on May 15, 2013

Four Primary Targets Water Rights Colorado State Plumbing Board Water Quality Local Authorities (Local implementation)

State Organizational Structure

State of Colorado

Department of Natural Resources

Division of Water Resourc

es (DWR)

Parks and

Wildlife

Other Resourc

e Program

s

CDPHE

Haz Matl EHS

Water Quality Control Division (WQCD)

Other Health

Programs

DORA

Plumbing Board

Applicable Laws and Regulations

Colorado Revised Statues (House Bill 13-1044)

Water Rights Law

Water Quality Control Commission Regulation

(Regulation 86)

Watershed Control Regulations

Regulation 61

Regulation 41

Colorado State Plumbing Board

Local Ordinances and other local criteria

Graywater

Blackwater

Domestic Wastewater Treatment

Works

Industrial Wastewater Treatment

Works

Treated Effluent Reuse Discharge

to State Waters

Industrial Process Water

Graywater

Treatment

Approved Graywater

Uses

Graywater

Indoor Uses

Pretreatment Program

Differentiation of Various Waters from

Point Source Generators

Colorado House Bill 13-1044 Section Summary

Section 1: Importance of water conservation in Colorado

Section 2: “Graywater” and “Graywater Treatment

Works” Definition

Section 3: WQCC to establish minimum statewide

requirements, standards, and prohibitions

(limitations)

Section 4 and 5: Counties and cities discretion to

authorize graywater use (opt-in) and authority to

enforce compliance

Section 6: Groundwater management districts authority

to adopt rules to restrict graywater treatment works use.

Small capacity wells.

Section 7, 8 and 10: Authorize a person withdrawing water from a

well to use graywater, subject to the limitation on use contained in

the well permit or, if applicable, approved replacement or decreed

plan of augmentation.

Section 9: Uses are limited to confines of operation that

generate graywater and that municipality’s or water district’s

water rights allow use

Section 11: General Assembly to encourage the examining Board of

Plumbers to adopt the incorporate by reference Appendix C of the

International Plumbing Code (IPC), 2009 Edition (or newer edition).

Section 12: No appropriation

Section 13: Safety clause

Colorado House Bill 13-1044 Section Summary (continued)

(1) The commission may promulgate control regulations for the following purposes:

(G) (I) To describe requirements, prohibitions, and standards for the use of graywater for nondrinking purposes, to encourage the use of graywater, and to protect public health and water quality. Summary – Goal of Graywater stakeholder process

(II) graywater may be used only in areas where the local city, city and county, or county has adopted an ordinance or resolution approving the use of graywater pursuant to section 30-11-107 (1) (kk) or 31-15-601 (1) (m), C.R.S. The city, city and county, or county that has adopted an ordinance or resolution approving the use of graywater pursuant to section 30-11-107 (1) (kk) or 31-15-601 (1) (m), C.R.S., has exclusive enforcement authority regarding compliance with the ordinance or resolution. Summary – locals have to “opt-in” by adopting an ordinance or

resolution approving the use of graywater. Locals have enforcement authority regarding compliance with the ordinance or resolution.

Colorado House Bill 13-1044Section 3: CRS 25-8-205: Control

Regulations

(1) The commission may promulgate control regulations...(continued):

(III) use of graywater shall be 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, and no use of graywater shall be allowed that would not be allowed under such decrees, contracts, or permits if the graywater ordinance or resolution did not exist. Summary - Well Permits/Water Rights Protection. No use of graywater

that would not be allowed under current decrees, contracts, or permits (e.g., no outdoor watering if well permit does not allow)

(IV) a local city, city and county, or county may only authorize the use of graywater in accordance with federal, state, and local requirements. Summary – Locals ordinances, resolutions, etc. , must meet federal,

state and other local requirements (e.g., plumbing code, water quality standards)

Colorado House Bill 13-1044Section 3: CRS 25-8-205: Control

Regulations

Graywater Ordinance Discussion

Multiple agencies may have authority over each individual graywater user

All agencies having authority must authorize graywater prior to use within a region

Where multiple authorities exist, who controls? How are ordinances crafted to ensure

consistency for overlapping authorities? Rests at local level and could vary across State

Locals have to “Opt-In” to Regulation 86 via Ordinance/ Resolution - Not a State Requirement

State Organizational Structure

State of Colorado

Department of Natural Resources

Division of Water Resourc

es (DWR)

Parks and

Wildlife

Other Resourc

e Program

s

CDPHE

Haz Matl EHS

Water Quality Control Division (WQCD)

Other Health

Programs

DORA

Plumbing Board

Prior Appropriation System (aka first in time, first in right)

Exempt and non-exempt wells Tributary and not, non-tributary water

Colorado Water Laws

Colorado State Plumbing Board 

Sets minimum standards in Colorado Portions of the International Plumbing

Code (IPC 2009) currently adopted (not Appendix C)

Graywater plumbing not currently allowed unless a variance is granted by the Colorado State Plumbing Board

International Plumbing Code (IPC) Graywater not allowed under currently

CO adopted plumbing code IPC 2009 IPC 2012 includes Chapter 13 – Gray

Water Recycling Systems Not currently adopted in Colorado HB1044 encourages Plumbing Board to adopt

1301 - General Graywater System 1302 - Systems for flushing WC and

Urinals 1302 - Subsurface Landscape Irrigation

Systems

IPC 2012 Figure - Irrigation

Source: International Code Council 2012. International Plumbing Code 2012.

IPC 2012 Figure - WC

Source: International Code Council 2012. International Plumbing Code 2012.

WQCD STAKEHOLDER PROJECT PLAN

FTE/Time Discussion

No appropriation Competes with other WQCD core work 0.5 FTE dedicated by WQCD Needs expedited process One year for draft Limited Scope

Outdoor - Irrigation

Single FamilyMulti-FamilyCommercialInstitutional

Indoor – Toilet Flushing

Single FamilyMulti-FamilyCommercialInstitutional

Fire Protection

Single FamilyMulti-FamilyCommercialInstitutional

Commercial

Construction (e.g., Dust Control, Concrete Mixing, Soil

Compaction)Cooling Towers / Closed Loop

CoolingZoo Operations

Agricultural

Crop IrrigationFeed IrrigationDust Control

Potential Uses?

Stakeholder Process Approach

Develop requirements, standards and prohibitions NOT – Plumbing, Water Rights NOT – Technical Reviews, Permits, Fees,

Ordinances, Inspections, etc. Majority not consensus Protection of public health and

environment while encouraging use of graywater

Reasonable bite of apple (Regulation 84)

Overview of project Kickoff: July 2013

Agree on Minimum Requirements & Strategy

Workgroups: August 2013 – April 2014 Stakeholder efforts: May – July 2014 Hearing in January 2015. Effective – March

2015

Kickoff (7/2013)

Workgroups (8/2013 – 4/2014)

Stakeholder Comments (5/2014 – 7/2014)

Finalize Draft (8/2014)

WQCC Hearing (1/2015)

Effective (3/2015)

WORKGROUP PROGRESS – JANUARY

2014

Graywater Workgroup Overview

Outreach in late July/August – approximately 25 people

Two Groups since August 2013 Meeting 1-2 times per month for 1-2 hour

meetings each

Local Implementation Group (LI workgroup) Minimum Standards for Local

Ordinances/Resolutions for City, City and Counties, or Counties

Uses Treatment Workgroup (UT workgroup) Use Categories Control Measures / Water Quality Standards /

Treatment Requirements

LI Workgroup: Minimum Requirements

Ordinance/Resolution Verify legal compliance (e.g., water rights) Boundary definition of graywater area Allowed graywater use categories Lead local agency Fees Tracking mechanism Legally responsible party Operators / Certified designers?

LI Workgroup: Minimum Requirements

Ordinance/Resolution (continued) Design Submittal

Construction Inspections Approval Process O&M manual Reporting? Enforcement

UT Workgroup: Potential Focused Approach

Crop IrrigationConcrete Mixing

Feed Irrigation

Indoor Toilet Flushing

Dust Control

Construction

Fire Protection

Outdoor Irrigation

All Possible Uses

Initial Proposal

Final Regulation

UT Workgroup: Graywater Use Categories

Category

User Use Allowed Flow

Category A

Single Family

Subsurface irrigation

400 gpd total combined flow

Category B

Single Family

Toilet / urinal flushing

400 gpd total combined flow

Category C

Non-Single Family

Subsurface irrigation

Less than 2,000 gpd total combined flow

Category D

Non-Single Family

Toilet / urinal flushing

Less than 2,000 gpd total combined flow

Category E

Non-Single Family

Toilet / urinal flushing

2,000 - ?? gpd total combined flow

UT Workgroup: Control Measures

All graywater uses No hazardous chemicals No excreta (aka diapers) Operations and maintain in accordance

with manufacturer recommendations Minimize access and exposure Not a public nuisance Maximum storage period:

24 hours irrigation 72 hours indoor use

No temporary potable connections

Irrigation Uses No agricultural irrigation (aka food crops) Must be applied at agronomic rate

Indoor toilet flushing Residual disinfectant ? Dyed blue or green

UT Workgroup: Control Measures

Specific graywater uses

Treatment requirements Use Categories

Operator & Designer required for non-single family systems

UT Workgroup: To do list

Thank you!

Information/updates will be sent out to the Stakeholder list

http://fs8.formsite.com/cohealth/form375/index.html. 

Colorado Water Uses - 2005

Source: USGS Estimated Withdrawals and Use of Water in Colorado, 2005 http://pubs.usgs.gov/sir/2010/5002/pdf/SIR10-5002.pdf

Crop Irrigation; 12321.8499999999;

90.73%

Public supply, 864 MGD, 6.36%

Self supplied in-dustrial,

142 MGD, 1.05%

Thermoelectric, 123 MGD, 0.91%

Golf Course Irri-gation,

41 MGD, 0.30%Self supplied do-

mestic, 34 MGD, 0.25%

Livestock, 33 MGD, 0.24% Mining (fresh and

saline), 21 MGD, 0.16%

Western Graywater Regulation Summary