DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Water And Wastewater Facility Operators Certification Board
REGULATION NO. 100 - WATER AND WASTEWATER FACILITY OPERATORS CERTIFICATION REQUIREMENTS
5 CCR 1003-2
_________________________________________________________________________
100.1	AUTHORITY AND PURPOSE
100.1.1	Authority
This regulation is promulgated pursuant to the sections 25-9-101 through 110, C.R.S.
100.1.2	Purpose
Article 9 of Title 25, C.R.S., requires that every water treatment facility, domestic or industrial wastewater treatment facility, wastewater collection system and water distribution system be under the supervision of a certified operator, holding a certificate in a class equal to or higher than the class of the facility or system.
Certification under this statute is available to all persons who meet the minimum qualifications of a given classification as described in section 100.14. Operators are encouraged to apply for certification in the highest classification consistent with their qualifications.
100.1.3	Severability
The provisions of these regulations are severable.  If any regulation, rule, section, paragraph, or other portion of the Water and Wastewater Facility Operators Certification Requirements is, for any reason, held inoperative, unconstitutional, void or invalid, the validity of the remaining portions shall not be affected.
100.1.4	Applicability
The Water and Wastewater Facility Operators Certification Requirements apply to:
(a)	Each person who meets the qualifications for certification.
(b)	The owners of water and wastewater facilities.
(c)	In accordance with Article 9 of Title 25, section 104.4, C.R.S., the Board has the authority to exempt certain water and wastewater facilities from operating under the supervision of a certified operator in responsible charge if the exemption does not endanger the public health or the environment.
100.1.5	Automatic Exemptions
(a)	The following facilities and systems are exempt from the requirement to operate under the supervision of a certified operator in responsible charge:
(i)	Water treatment facilities that are not “public water systems” subject to the Colorado Primary Drinking Water Regulations, 5 CCR 1002-11.
(ii)	Water distribution systems that are public water systems whose entire distribution system falls within the jurisdiction of the Water Well Construction and Pump Installation Contractors Act, C.R.S. 37-91-101, et. seq. and the State Plumbing Code 3 CCR 720-1.
(A)	Water distribution systems also qualify for the automatic exemption in subsection 100.1.5(a)(ii) if their entire distribution system falls within the jurisdiction of the Water Well Construction and Pump Installation Contractors Act, C.R.S. 37-91-101, et. seq. and the State Plumbing Code 3 CCR 720-1 and they also have a single small treatment structure (less than 12 ft. by 12 ft.) that is adjacent to (within 50 feet of) the building which constitutes the public water system.
(B)	Water distribution systems also qualify for the automatic exemption in subsection 100.1.5(a)(ii) if their entire distribution system falls within the jurisdiction of the Water Well Construction and Pump Installation Contractors Act, C.R.S. 37-91-101, et. seq. and the State Plumbing Code 3 CCR 720-1 and they also have an irrigation system that is protected by an approved backflow prevention assembly within the jurisdiction of C.R.S. 25-1-114(1)(h).
(iii)	Water distribution systems for drinking water that are not “public water systems” subject to the Colorado Primary Drinking Water Regulations, 5 CCR 1002-11.
(iv)	Industrial wastewater treatment facilities that satisfy the following criteria:
(A)	The quality of the wastewater discharged is such that discharge permit limits can be met utilizing only passive treatment (treatment in which chemical, mechanical, or biological treatment techniques are not utilized) or no treatment;
(B)	The facility has designated a responsible person who is specifically responsible for overseeing the facility’s operation and for ensuring compliance with the facility’s discharge permit, including monitoring and reporting requirements.  “Responsible person” mean an individual, designated by the owner of a wastewater facility, who is specifically responsible for overseeing the facility’s operation and for ensuring compliance with the facility’s discharge permit and who receives relevant training with respect to these duties including, as appropriate, specific measures used to meet effluent limits, monitoring, inspection, planning, reporting, and documentation requirements; and
(C)	Discharge under one of the following general industrial permits:
(I)	Industrial stormwater permit,
(II)	Construction stormwater permit,
(III)	Municipal stormwater permit,
(IV)	Industrial facilities that discharge under the following general permits:
(1)	Construction Dewatering Activities;
(2)	Aquatic Animal Production;
(3)	Sand and Gravel Process Water and Stormwater;
(4)	Minimal Industrial Discharge;
(5)	Subterranean Dewatering and Well Development;
(6)	Hydrostatic Testing of Pipelines;
(7)	Tanks and Similar Vessels;
(8)	Non-Contact Cooling Water;
(9)	Pesticides; or
(10)	Commercial Washing of Outdoor Structures.
(v)	Category A, B, And C graywater treatment facilities as defined in Graywater Control Regulation, 5 CCR 1002-86.
(vi)	Wastewater collection systems within the property of the owner of the domestic wastewater treatment facility.
(vii)	Individual wastewater service lines for a single building within the property of the owner of a building connecting to a collection system. 
(viii)	Water distribution systems for non-potable water entirely within the property of the owner of a domestic wastewater treatment facility or reclaimed water treatment facility.
(ix)	Non-potable distribution systems from industrial wastewater treatment facilities where the distribution system is solely used to recycle process water for use within the industrial process.
(b)	Facilities that discharge pursuant to a general industrial permit for Water Treatment Plant Wastewater Discharge are not required to be under the supervision of an industrial wastewater treatment certified operator in responsible charge if the facility is under the supervision of a water treatment certified operator in responsible charge who is specifically responsible for overseeing the facility’s operation and for ensuring compliance with the facility’s discharge permit, including monitoring and reporting requirements.
100.1.6	Discretionary Exemptions
(a)	Wastewater Facilities – Any wastewater facility that does not qualify for an automatic exemption under section 100.1.5 may request an exemption from the Board from the requirement to operate under the supervision of a certified operator in responsible charge.  In determining whether to grant such an exemption, the Board may consider:
(i)	Discharges of limited duration;
(ii)	The sensitivity of the receiving waters;
(iii)	The level of toxic pollutants in the discharge;
(iv)	Situations where chemical, mechanical, or biological treatment techniques are not required to meet permit limits, including sedimentation ponds at  mining operations for construction materials, as defined by section 34-32.5-103 (3), C.R.S.
(b)	Water Facilities – Any water facility that does not qualify for an automatic exemption under section 100.1.5 may request an exemption from the Board from the requirement to operate under the supervision of a certified operator in responsible charge.  In determining whether to grant such an exemption, the Board may consider:
(i)	The classification of the facility as public or nonpublic under the Colorado Primary Drinking Water Regulations, 5 CCR 1002-11;
(ii)	The applicability of the Colorado Primary Drinking Water Regulations, 5 CCR 1002-11, to the facility or class of facilities; and
(iii)	A distribution system having a minimal number of connections.
(c)	Industrial Wastewater Treatment Facilities – Any industrial wastewater treatment facility that does not qualify for exemption under section 100.1.5 may request exemption from the requirement to operate under the supervision of a certified operator in responsible charge.  In determining whether to grant such an exemption, the facility must demonstrate o the Board’s satisfaction that:
(i)	The quality of the industrial wastewater discharge is such that discharge permit limits can be met utilizing only passive treatment (treatment in which chemical, mechanical, or biological treatment techniques are not utilized) or no treatment; and
(ii)	The facility has designated a responsible person who is specifically responsible for overseeing the facility’s operation and for ensuring compliance with the facility’s discharge permit, including monitoring and reporting requirements. “Responsible person” means an individual, designated by the owner of an industrial wastewater facility, who is specifically responsible for overseeing the facility’s operation and for ensuring compliance with the facility’s discharge permit and who receives relevant training with respect to these duties including, as appropriate, specific measures used to meet effluent limits, monitoring, inspection, planning, reporting, and documentation requirements.
(d)	Requests for exemptions shall be submitted to the Division. The Division shall evaluate a written request for exemption from the facility and shall provide the Board with a recommendation based on the criteria in sections 100.1.6 (a-c), as appropriate.
(e)	The Board shall approve or deny such requests at a regularly scheduled Board meeting.
(f)	The Board has the authority to remove a facility exemption if the facility fails to comply with the requirements of its discharge permit or if the facility’s operational practices result in a direct, negative impact on the public health or the environment.
(g)	If at any time, the facility does not meet the applicable conditions of sections 100.1.6 (a-c), the facility must notify the Division, in writing, and begin operating under the supervision of a certified operator in responsible charge within 30 days of the change in operations.
100.1.7	Exceptions
The Board may make exceptions to this regulation, if the exception is not in conflict with its enabling statute, sections 25-9-101 et. seq., C.R.S., and does not endanger public health or the environment in accordance with section 24-4-105, C.R.S.
100.1.8 Materials Incorporated by Reference
The materials incorporated by reference cited herein include only those versions that were in effect as of November 27, 2018 and not later amendments to the incorporated material. Materials incorporated by reference are available for public inspection during normal business hours from the Water Quality Control Division, 4300 Cherry Creek Drive South, Denver, Colorado 80246.
100.2	DEFINITIONS
(1)	“BOARD” means the Water and Wastewater Facility Operators Certification Board created by section 25-9-103, C.R.S.
(2)	“CERTIFICATE” means the certificate of competency issued by the Board stating that the operator named thereon has met the requirements for the specified classification of the certification program.
(3)	“CERTIFIED OPERATOR” means any person who has responsibility for the operation of any water and wastewater facility and is certified in Colorado as a “Certified Water Professional” (“CWP”) in accordance with the provisions of this regulation. For purposes of this regulation, having “responsibility for the operation” of a water and wastewater facility refers generally to being qualified to perform various operational activities at such facilities in the capacity of a CWP.
(4)	“CERTIFIED OPERATOR IN RESPONSIBLE CHARGE” means the certified operator designated by the water or wastewater facility owner to be responsible for making process control and/or system integrity decisions about water quality or quantity that may affect public health or the environment. A facility owner may designate one or more certified operators to serve in this capacity. Such an operator must be certified at a level equal to or higher than the classification of the facility he or she is operating.
(5)	“CLASSIFICATION OF A WATER OR WASTEWATER FACILITY” means the level of operational complexity and/or size of a water or wastewater facility as determined by the Division.
(6)	“DEPARTMENT” means the Colorado Department of Public Health and Environment.
(7)	“DIVISION” means the Water Quality Control Division within the Colorado Department of Public Health and Environment.
(8)	“DOMESTIC WASTEWATER TREATMENT FACILITY” means any facility or group of units used for the treatment of domestic wastewater or for the reduction and handling of solids and gases removed from such wastes, whether or not such facility or group of units is discharging into state waters. “Domestic wastewater treatment facility” specifically excludes on-site wastewater treatment systems.
(9)	“GRAYWATER TREATMENT FACILITY” means a graywater treatment works as defined in the Graywater Control Regulation, 5 CCR 1002-86.
(10)	“INDUSTRIAL WASTEWATER TREATMENT FACILITY” means any facility or group of units used for the pretreatment, treatment, or handling of industrial waters, wastewater, reuse water, and wastes that are discharged into state waters. “Industrial wastewater treatment facility” includes facilities that clean up contaminated ground water or spills; except that such term does not include facilities designed to operate for less than one year or facilities with in-situ discharge.
(11)	“OPERATOR” means any person who performs activities and/or tasks pertinent to the operation of a water or wastewater facility. An operator may or may not be certified.
(12)	“OWNER” means (a) the supplier of water as defined in 5 CCR 1002-11; (b) the person or persons required to apply for a discharge permit in accordance with 5 CCR 1002-61; or (c) the person with legal responsibility for a wastewater collection system or a graywater treatment facility. For purposes of this definition, “person” means an individual, corporation, partnership, association, state or political subdivision thereof, federal agency, tribal agency, state agency, municipality, commission, or interstate body.
(13)	“PLANT DESIGN FLOW RATE” means the maximum flow rate for a drinking water treatment facility as approved by the Division. The overall water treatment plant flowrate is limited to the unit process with the smallest capacity. For drinking water treatment, the “Plant Design Flow Rate” means the maximum rate of water flow allowed by the Department’s approval for the facility, as determined by the rate-limiting process. For drinking water treatment plant with a surface water source, the typical plant design flow rate is the filtration rate. If disinfection is rate-limiting, typically the peak hour flow rate is used and defined as the plant’s water production when the maximum volume (in gallons or millions of gallons) of water flows through the plant during a one-hour period in each compliance period.
(14)	“PLANT DESIGN HYDRAULIC CAPACITY” means the hydraulic capacity for a wastewater treatment facility as approved by the Division. For wastewater treatment, the hydraulic capacity means the daily flow the treatment facility is able to treat per day, as determined by the rate-limiting process. For domestic wastewater treatment works, the hydraulic capacity is indicated in the Division site location and design approval and discharge permit for the facility. For industrial wastewater treatment, the hydraulic capacity is indicated in the Division discharge permit issued for the facility. 
(15)	“RECLAIMED WATER DISTRIBUTION SYSTEM” means any combination of pipes, tanks, pumps, or other facilities that delivers reclaimed water from a treatment facility for any approved use pursuant to Reclaimed Water Control Regulation, 5 CCR 1002-84. 
(16)	“RECLAIMED WATER TREATMENT FACILITY” means a domestic wastewater treatment works that receives domestic wastewater or domestic wastewater effluent for treatment to produce reclaimed water for beneficial use. 
(17)	“SIGNIFICANT INDUSTRIAL USER” means a source of non-domestic wastewater that has been so designated for pretreatment requirements as defined in Pretreatment Regulations, 5 CCR 1002-63. 
(18)	“SITE-SPECIFIC CERTIFIED OPERATOR IN RESPONSIBLE CHARGE” means the certified operator designated by the water or wastewater facility owner to be responsible for making process control and/or system integrity decisions about water quality or quantity that may affect public health or the environment that is certified at a less qualified level than the classification of the facility he or she is operating, for a specified limited period of time, provided specific conditions are met. 
(19)	“TRAINING UNIT” means the credit given for an increment of training approved as applicable to the fulfillment of certificate renewal requirements. Ten contact hours shall be required to equal one training unit. A “contact hour” means a classroom or supervised hour of attendance or hour of participation recognized by the Board as a training unit.
(20)	“VALIDATED EXAMINATION” means an examination that is independently reviewed by subject matter experts to ensure that the examination is based on a job analysis and is related to the classification of the system or facility.
(21)	“WASTEWATER COLLECTION SYSTEM” means a system of pipes, conduits, and associated appurtenances that transports domestic wastewater from the point of entry to a domestic wastewater treatment facility. The term does not include collection systems that are within the property of the owner of the facility.
(22)	“WASTEWATER TREATMENT FACILITY” means either a domestic wastewater treatment facility or an industrial wastewater treatment facility.
(23)	“WATER AND/OR WASTEWATER FACILITY” means a water treatment facility, domestic wastewater treatment facility, industrial wastewater treatment facility, water distribution system, or wastewater collection system.
(24)	“WATER DISTRIBUTION SYSTEM” means any combination of pipes, tanks, pumps, or other facilities that delivers water from a source or treatment facility to a consumer.
(25)	“WATER TREATMENT FACILITY” means the facility or facilities within the water distribution system that can alter the physical, chemical, or bacteriological quality of the water.
100.3	WATER QUALITY CONTROL DIVISION AND CONTRACTOR DUTIES: APPEALS OF DETERMINATIONS
100.3.1	The Colorado Water Quality Control Division oversees state-wide implementation of this regulation with respect to owner compliance and operator discipline.  The local city, city and county, or county with a local graywater control program has exclusive enforcement authority regarding compliance with the ordinance or resolution and, if applicable, rule, including the certified operator in responsible charge requirements for graywater facilities.
100.3.2	In carrying out its responsibilities to administer the operator certification program pursuant to Article 9 of Title 25, C.R.S., the Board may select and appoint through contract, one or more independent nonprofit corporations (“contractors”) to carry out the following duties, including but not limited to:
(a)	administering the operator certification program;
(b)	with the prior approval of the Board for each agreement, a nonprofit corporation contracted by the Board may enter into subsidiary agreements with other nonprofit corporations, educational institutions, and for-profit corporations to carry out the duties assigned by the Board.
(c)	collecting program fees for administration of the operator certification program;
(d)	administering validated examinations for operator certification;
(e)	maintaining records of certified operators;
(f)	notifying operators of expiration of certificates;
(g)	providing information on accredited training programs and training requirements;
(h)	preparing and/or furnishing validated examinations and related materials;
(i)	collecting fees for examinations and administration of examinations;
(j)	setting times, dates, and places for holding examinations;
(k)	ensuring the accurate and unbiased grading of examinations;
(l)	evaluating work experience of applicants;
(m)	evaluating and approving training units for renewal of certificate;
(n)	evaluating and making recommendations for requests for certification based upon reciprocity;
(o)	recording results of examinations;
(p)	notifying applicants of their examination results;
(q)	recommending issuance of certificates or issuing certificates in accordance with Board criteria; or
(r)	preparing and distributing annual reports.
100.3.3	The Board retains the final authority for all actions and decisions carried out on behalf of the Board by a nonprofit corporation, educational institution, or for-profit corporation.
100.3.4	Any person affected or aggrieved by a decision of the Division or the Board’s contractor(s) may request a hearing before the Board within thirty (30) days of notice of such decision by submitting a request containing the following information:
(a)	identification of the person(s) requesting the hearing and the subject matter of the request’
(b)	the statutory and/or regulatory authority and factual basis for the request, and
(c)	the relief requested.
100.3.5	The Board shall grant any hearing request made pursuant to section 100.3.4 and shall schedule and conduct an adjudicatory hearing in accordance with section 24-4-105, C.R.S.
100.4	WATER TREATMENT FACILITY CLASSIFICATION
100.4.1	Water treatment facilities shall be classified in accordance with the following four classes; Class D, Class C, Class B, or Class A. Class A is the highest level of classification and Class D is the lowest level of classification. The Division may make changes in classification in accordance with the needs created by particular complexities of any specific water treatment facility based on consideration of facility specific factors, including, but not limited to:
(a)	special features of design;
(b)	source of supply which make operation more difficult than normal; or
(c)	a combination of such conditions.
100.4.2	Table - Criteria for Water Treatment Facility Classes A, B, C, and D
(a)	For water treatment facilities that are new or substantially modified after March 1, 2019, the following classifications shall become effective immediately. For any water treatment facilities existing prior to March 1, 2019 and not substantially modified, the following classifications shall apply beginning March 1, 2021.

	Plant Design Flow Rate
(in GPM)	
Treatment Type1	Less than 350	350 to 1400	More than 1400	
Filtration	
Granular media filtration with coagulants or polymers 
(direct or conventional)	B	A	A	
Engineered biologically active filtration (conventional)	B	A	A	
Slow sand or diatomaceous earth	C	C	B	
Membrane filtration (microfiltration, ultrafiltration)	C	B	A	
Membrane filtration (nanofiltration or reverse osmosis)	C	B	A	
Cation or anion exchange technology 	C	C	B	
Greensand media or other adsorptive media (backwash, regeneration)	C	C	B	
Granular media filtration with pre-chlorine feed (typically iron removal in groundwater) 	D	C	C	
Bag or cartridge filtration 
(compliance with the surface water treatment rules)  For non-Surface Water Treatment Rule (SWTR) use, see Sediment Pre-filtration.	C	C	B	
Granular activated carbon 	C	C	B	
Sediment pre-filtration	D	C	C	
Disinfection	
Ozone	B	A	A	
Chlorine dioxide – formed onsite	B	A	A	
Chlorine dioxide – pre-formed and fed onsite	C	C	B	
Monochloramine (chlorine and ammonia)	C	B	A	
Onsite hypochlorite generation	C	C	B	
Gas chlorine	C	B	A	
Ultraviolet Light	D	C	C	
Calcium hypochlorite	D	D	C	
Sodium hypochlorite	D	D	C	
Hand-pumped wells regulated under Colorado Primary Drinking Water Regulations, 5 CCR 1002-11
Alternatively can be operated by Level 1 or above Distribution operator without a treatment operator.	D	
Public water systems with a disinfection waiver and no other treatment installed at sources.	Covered under Section 100.8	
Booster chlorination within the distribution system	Covered under Section 100.8	
Other treatment	
Hydrogen peroxide	B	B	A	
Coagulant addition (apart from conventional/direct filtration)	B	B	A	
Fluoridation	C	B	B	
Adjusting pH and/or alkalinity (e.g. caustic, soda ash, lime, calcite contactor, acid feed, CO2 feed)	C	C	B	
Corrosion inhibitors (e.g. orthophosphate based or silicates)	C	C	B	
Permanganate 	C	C	B	
Powder activated carbon	C	C	B	
Source water blending to comply with Colorado Primary Drinking Water Regulations, 5 CCR 1002-11 (Nitrates, radionuclides, other inorganics)	C	C	B	
Source water blending for aesthetic or non-regulatory reasons	D	C	C	
Iron or manganese sequestering agents (polyphosphate)	D	C	C	
Aeration (aeration towers)	D	C	C	
Storage tank treatment systems (for contaminant removal)	D	D	C	
Note: 1. The treatment processes are listed as examples and are not all inclusive but are representative and the division will categorize other technologies consistent with this list and classify facilities based on the similar technologies. Also, treatment categories have been inserted in order for the table to be simpler to navigate. 
(b)	For water treatment facilities existing prior to March 1, 2019 and not substantially modified, the following classifications shall apply until the classifications in Table 100.4.2(a) become applicable on March 1, 2021. 

	Plant Design Flow Rate (in MGD)	
Description of the Facility	Below 2	2 – 5	5.01 – 9.99	10 or more	
Ground Water Systems					
(a) Ground water source with no treatment or with no additional treatment beyond chlorine disinfection.	D	D	C	B	
(b) Ground water source with ultraviolet or ozone disinfection.	D	C	C 	B	
(c) Ground water source utilizing chemical addition and/or a treatment technology (for example, ion exchange, reverse osmosis, membrane filters, or activated carbon) for the specific purpose of meeting secondary drinking water standards. 	C	C	B	B	
All Water Systems					
(d) Any source utilizing bag or cartridge filtration to comply with primary drinking water standards1. “Bag or cartridge filtration” means a filtration system consisting of a fixed filter housing into which flexible (bag) or rigid (cartridge) filters are inserted. Both bag and cartridge filters are disposable and cannot be backwashed or re-used. 	D	 --	 --	 --	
(e) Any source utilizing a treatment technology (for example, slow sand, diatomaceous earth, membrane filtration, ion exchange, activated carbon filtration, reverse osmosis) with disinfection to comply with primary drinking water standards and which is not listed in sections 100.4.2(d) or 100.4.2(f).	C	B	B	A	
(f) Any source utilizing conventional or direct filtration with disinfection to comply with primary drinking water standards. “Conventional filtration treatment” means a series of processes including coagulation, flocculation, sedimentation, and filtration resulting in substantial particulate removal. “Direct filtration treatment” means a series of processes including coagulation and filtration, but excluding sedimentation, resulting in substantial particulate removal.	B	A	A	A	
Chemical Addition					
(g) Any source utilizing chemical treatment for the specific purpose of complying with secondary drinking water standards2.	C	C	B	B	
(h) Any source utilizing additional chemical treatment, with the exception of corrosion control in the distribution system and disinfection for the specific purpose of complying with primary drinking water standards1. 	B	B	A	A	
(i) Any source utilizing chemical treatment for the specific purpose of controlling corrosion (i.e., lead and copper) in the distribution system.	C	C	B	B	
(j) Any source utilizing fluoridation.	C	C	C	B	
Other					
(k) Water vending machines connected to a public water system that does not currently meet primary drinking water standards1.	C	C 	C	C	
1 “Primary drinking water standard” means any of the set of enforceable maximum contaminant levels for drinking water regulated under the Colorado Primary Drinking Water Regulations, 5 CCR 1002-11.
2 “Secondary drinking water standard” means any of the set of secondary maximum contaminant levels for drinking water regulated under the Colorado Primary Drinking Water Regulations, 5 CCR 1002-11. These standards are not enforceable, but are intended as guidelines.
100.4.3	The classification of any water treatment facility may be changed at the discretion of the Division based on changes in any condition or circumstance since the last classification determination.
100.4.4	Any drinking water treatment facility that utilizes a combination of two or more of the treatment processes described in section 100.4.2 shall be classified in accordance with the highest level of treatment process utilized.
100.4.5	Water treatment facilities that meet the exemption criteria in section 100.1.5(a) are exempt from the requirement to operate under the supervision of a certified operator in responsible charge and shall not be classified.
100.5	DOMESTIC WASTEWATER TREATMENT FACILITY CLASSIFICATION
100.5.1	Domestic wastewater treatment facilities shall be classified in accordance with the following four classes: Class D, Class C, Class B, or Class A. Class A is the highest level of classification and Class D is the lowest level of classification. The Division may make changes in classification in accordance with the needs created by particular complexities of any specific domestic wastewater treatment facility based on consideration of facility specific factors, including, but not limited to:
(a)	design features or other characteristics that make the facility more difficult to operate than usual;
(b)	facility design flow;
(c)	the character and volume of wastes to be treated;
(d)	the facility’s design being approved under the Department’s variance procedure;
(e)	a waste unusually difficult to treat;
(f)	flow conditions, use classifications and/or water quality standards assigned to the waters receiving the treated effluent that require an unusually high degree of plant operational control in order to meet permit conditions; or
(g)	combinations of such conditions or circumstances.
100.5.2	Table - Criteria for Domestic Wastewater Treatment Facility Classes A, B, C, and D
(a)	For domestic wastewater treatment facilities that are new or substantially modified after March 1, 2019, the following classifications shall become effective immediately. For any domestic wastewater treatment facilities existing prior to March 1, 2019 and not substantially modified, the following classifications shall apply beginning March 1, 2021.

Treatment Type1	Plant Design Hydraulic Capacity (in MGD)	
	Below 0.5	0.5-1.00	1.01-2.00	2.01-4.00	Above 4.00	
Preliminary Treatment	
Coarse Solids Reduction (e.g., comminution, macerator, grinder)
Screening with manually cleaned bar screen	D	D	C	C	B	
Screening with mechanically cleaned screen, fine screen, 
Flow equalization, 
Grit removal, 
Plant pumping of main flow	C	C	B	B	A	
Primary Treatment	
Sedimentation basin (pond, septic tank)	D	C	C	C	B	
Primary Clarifier
Oil and grease processing	C	C	B	B	A	
Dissolved air flotation (DAF)
Chemically Enhanced Primary Clarification for settling improvements (coagulation, flocculation)	B	B	B	B	A	
Active Primary Clarification (e.g., anaerobic generation of volatile fatty acids) 	B	B	A	A	A	
Secondary Treatment
[Purpose to treat BOD, TSS to secondary limits.]	
Recirculating sand filtration	D	C	C	C	C	
Waste stabilization ponds, including aerated and non- aerated types	D	C	C	B	B	
Trickling filter
Rotating biological contactor	C	C	B	B	A	
Treatment wetland (surface flow, subsurface flow) or subsurface submerged bioreactor for BOD and/or suspended solids	C	C	B	B	A	
Extended aeration process sequencing batch reactors (SBR) designed to operate in the extended aeration loading range.	C	B	B	B	A	
Activated sludge (e.g., conventional, complete mix, contact stabilization, extended aeration, step-feed, oxidation ditch, non-extended aeration SBR)
Fixed biofilm reactor (e.g., fixed activated sludge treatment or FAST)
Submerged granular media biofilm 
Moving bed biofilm reactor (MBBR)	B	B	B	B	A	
Integrated biofilm and activated sludge (IFAS)
Membrane bioreactor (MBR)
Membrane aerated biofilm reactor (MABR)
Anaerobic reactors (e.g., upflow sludge blanket, baffled reactor, multiple compartment reactors, sequencing batch reactor, fluidized bed reactor, membrane bioreactor, filter)	B	B	A	A	A	
Pure oxygen activated sludge	A	A	A	A	A	
Secondary Clarification						
Secondary clarifiers (biofilm)	C	C	B	B	A	
Secondary clarifiers (suspended growth)
Dissolved air flotation (DAF)	B	B	B	B	A	
Ballasted enhanced settling 	B	B	A	A	A	
Advanced Treatment
[Purpose to treat beyond secondary limits both within secondary treatment units and/or physically separate processes after secondary treatment.]	
Biological or Chemical/Biological 
Advanced Waste Treatment						
Suspended growth (e.g., MLE, A2O, Bardenpho, membrane bioreactor (MBR), aerobic granular sludge, advanced biological algae treatment, etc.)
Biofilm (e.g., trickling filter, rotating biological contactor, fixed biofilm reactors (FAST), moving bed biofilm reactors (MBBR), submerged granular media biofilm, integrated biofilm and activated sludge (IFAS), biologically active carbon, membrane aerated biofilm reactor (MABR), denitrification filters, etc.)
Anaerobic reactors (e.g., upflow sludge blanket, baffled reactor, multiple compartment reactors, sequencing batch reactor, fluidized bed reactor, membrane bioreactor, filter) 
Phosphorus removal (e.g., biological, chemical, etc.). Not including struvite recovery – see solids handling.
Treatment wetland (e.g., surface flow, subsurface flow) or subsurface submerged bioreactor (e.g., for nitrogen, phosphorus, metals)	B	B	A	A	A	
Deammonification
Pure oxygen activated sludge	A	A	A	A	A	
Chemical/Physical 
Advanced Waste Treatment

[For unit treatment process and not solely an adjusting condition for an earlier biological process (e.g., pH, alkalinity, carbon feed).]						
Air stripping 	C	C	B	B	A	
Adsorptive media (granular activated carbon, Zeolite, organoclay)
Low voltage electro-coagulation / electro-flocculation
Ion exchange	B	B	A	A	A	
Electro-chemical (e.g., electrodialysis, electrolysis, electro-oxidation, high voltage electro-coagulation/flocculation)
Advanced oxidation and/or oxidation/reduction (e.g., hydrogen peroxide + UV, metal ox/reduction recovery)
Chemical precipitation (e.g., metal hydroxide precipitation, metal sulfide precipitation). Not including struvite recovery - see solids handling.	Industrial operator	Industrial operator	Industrial operator	Industrial operator	Industrial operator	
Filtration	
Cloth filter, cartridge bag/filter 
Slow sand filtration
Upflow sand filtration (no chemical addition)	C	B	A	A	A	
Coagulation, flocculation, sedimentation
Media filtration (rapid sand, dual media)
Upflow sand filtration (with chemical addition)
Membrane filtration (microfiltration, ultrafiltration)
Diatomaceous earth (DE)	B	B	A	A	A	
Membrane filtration (nanofiltration)
Reverse osmosis	A	A	A	A	A	
Disinfection / Inactivation	
Free chlorine, contact basin (e.g., premade liquid solution, solid tablets, hypochlorination with liquid solution onsite generation from solid)	D	C	C	B	B	
Ultraviolet radiation (UV)
Peracetic acid, contact basin	C	B	B	B	A	
Free chlorine, contact basin (gaseous)	C	C	B	A	A	
Advanced oxidation, electro processes for disinfection	B	B	A	A	A	
Ozonation, contact basin	A	A	A	A	A	
Dechlorination	
Solid materials (e.g., puck, granular)	D	C	C	B	B	
Liquid materials	C	C	B	B	A	
Gaseous materials	C	C	B	A	A	
Chemical Addition
[Includes adjusting condition such as pH, alkalinity, 
carbon feed, etc. and chemicals for other unit processes.]	
Solid materials	C	C	B	B	A	
Liquid non-flammable materials	C	C	B	B	A	
Gaseous materials	C	C	B	A	A	
Flammable materials	B	B	A	A	A	
Effluent Discharge	
Effluent discharge to receiving stream or groundwater	D	C	C	B	B	
Effluent discharge to reclaimed water storage/distribution system for outdoor uses or drinking water treatment plant for further treatment	C	B	B	B	A	
Effluent discharge to reclaimed water distribution system with indoor uses. (If reclaimed treatment facility classified as wastewater facility, use Table 100.4.2 also. If classified in 100.6.1(c) as drinking water facility, use only Table 100.4.2.)	WW B if WW,
also DW facility class required	WW B if WW,
also DW facility class required	WW A if WW,
also DW facility class required	WW A if WW,
also DW facility class required	WW A if WW,
also DW facility class required	
Effluent discharge to potable water distribution system (Use Table 100.4.2 also.) 	WW A
also DW facility class required	WW A
also DW facility class required	WW A
also DW facility class required	WW A
also DW facility class required	WW A
also DW facility class required	
Solids Handling	
Thickening / Conditioning (e.g., gravity, DAF, plate settlers, drum thickeners, volute thickener, centrifuge thickening, polymer addition)
Dewatering (e.g., lagoon, drying bed, mechanical such as belt, filter press, polymer addition)
Aerobic digestion
Solids composting	C	B	B	B	A	
Thermal hydrolysis (e.g., pre-digestion)
Stabilization / digestion (e.g., anaerobic sludge lagoon, autothermal or autoheated thermophilic aerobic digestion (ATAD), anaerobic digestion (single, multi-stage))
Nutrient recovery through precipitation (e.g., struvite recovery)
Centrifuge for dewatering
Solids reduction (e.g., incineration, wet oxidation)	B	B	A	A	A	
Note: 1. The treatment processes are listed as examples and are not all inclusive but are representative and the division will categorize other technologies consistent with this list and classify facilities based on the similar technologies.
(b)	For domestic wastewater treatment facilities existing prior to March 1, 2019 and not substantially modified, the following classifications shall apply until the classifications in Table 100.5.2(a) become applicable on March 1, 2021.

Description of the Facility	Plant Design Hydraulic Capacity (in MGD)	
 	Below 0.5	0.5-1.00	1.01-2.00	2.01-4.00	Above 4.00	
(a) Waste stabilization ponds, including aerated and non-aerated types	D	C	C	B	B	
(b) Trickling filter or rotating biological contactor	C	C	B	B	A	
(c) Extended aeration process sequencing batch reactors (SBR) designed to operate in the extended aeration loading range.	C	B	B	B	A	
(d) All other activated sludge processes and extended aeration where used beyond secondary treatment (i.e., nitrification) and chemical and/or physical processes providing a high degree of treatment other than polishing ponds.	B	B	B	B	A	
(e) Re-circulating sand filtration	D	C	C	C	C	
(f) Wetlands used as a part of the water treatment process	Will be classified in alignment with the last treatment process prior to release of the effluent into the wetland for further treatment.	
100.5.3	The classification of any domestic wastewater treatment facility may be changed at the discretion of the Division based on changes in any condition or circumstance since the last classification determination.
100.5.4	Any domestic wastewater treatment facility that utilizes a combination of two or more of the treatment processes described in section 100.5.2 shall be classified in accordance with the highest level of treatment process utilized.
100.6	RECLAIMED WATER AND GRAYWATER TREATMENT FACILITY AND DISTRIBUTION SYSTEM CLASSIFICATION
100.6.1 Reclaimed water treatment facilities or a “category D non-single family, indoor toilet and urinal flushing graywater treatment works” in Graywater Control Regulation, 5 CCR 1002-86, shall be based on the water treatment facility classifications in section 100.4 and the domestic wastewater treatment facility classifications in section 100.5 as noted below. The facilities may require single or dual classifications based on the site-specific conditions.
(a)	Facilities that receive untreated wastewater or graywater shall be classified in accordance with the domestic wastewater treatment facility classifications in section 100.5.
(b)	Facilities that discharge for indoor non-potable plumbing uses or direct potable water uses shall be classified in accordance with the water treatment facility classifications in section 100.4. 
(c)	Facilities that receive treated effluent from a separate wastewater treatment facility, either domestic or industrial, may be classified in accordance with the water treatment facility classifications in section 100.4, provided the treatment technologies used at the reclaimed water treatment facilities are included in section 100.4. Alternatively, these facilities may be classified in accordance with the domestic wastewater treatment facility classifications in section 100.5, provided the treatment technologies used at the reclaimed water treatment facilities are included in section 100.5.
100.6.2 Reclaimed water distribution systems beyond the property of the owner of the reclaimed water treatment facility that are operated by 1) reclaimed water treaters or 2) reclaimed water users with indoor uses at multiple buildings or users with booster chlorine facilities; and 3) distribution pipes associated with a “category D non-single family, indoor toilet and urinal flushing graywater treatment works” in Graywater Control Regulation, 5 CCR 1002-86, that extend beyond the building with the graywater treatment facility; shall be classified based on the water distribution facility classifications in section 100.8 using the following flow table for Step 1 rather than the population table.
Step 1 Reclaimed Water Distribution Table
CLASS 	RECLAIMED WATER DISTRIBUTED PER DAY (MGD) 	
Class 1 	Less than 0.3	
Class 2 	0.31 – 2.5 	
Class 3 	2.51 – 10.0 	
Class 4 	Over 10.0 	
100.7	INDUSTRIAL WASTEWATER TREATMENT FACILITY CLASSIFICATION
100.7.1	Industrial wastewater treatment facilities shall be classified in accordance with the following four classes: Class D, Class C, Class B, or Class A. Class A is the highest level of classification and Class D is the lowest level of classification. The Division may make changes in classification in accordance with the needs created by particular complexities of any specific industrial wastewater treatment facility based on consideration of facility specific factors, including, but not limited to:
(a)	design features or other characteristics that make the plant more difficult to operate;
(b)	treatment of a waste that is unusually difficult to process adequately;
(c)	flow conditions, use classifications and/or water quality standards assigned to the waters receiving the treated effluent requiring an unusually high degree of plant operation control in order to meet permit conditions; or
(d)	any combination of the above conditions or circumstances.
100.7.2	Table - Criteria for Industrial Wastewater Treatment Facility Classes A, B, C, and D 
(a)	For industrial wastewater treatment facilities that are new or substantially modified after March 1, 2019, the following classifications shall become effective immediately. For any industrial wastewater treatment facilities existing prior to March 1, 2019 and not substantially modified, the following classifications shall apply beginning March 1, 2021.

CLASSIFICATION	TREATMENT PROCESS1	
Class A	Multiple step chemical conversion, oxidation/reduction reactions (e.g., cyanide destruction, hexavalent chromium reduction, selenium, facilitated with ozone, peroxide, ultraviolet radiation, chlorine, etc.);
Ion exchange; 
Electro-chemical conversion (e.g., electrolysis, electro-oxidation, electro-dialysis, high voltage electro-coagulation/flocculation, capacitive deionization, electro-winning)
Nanofiltration, Reverse osmosis.
Disinfection/inactivation with ozonation, advanced oxidation, electrolytic release
Biosolids reduction using incineration, wet oxidation
Thermal distillation
Solvent extraction	
Class B	Chemical coagulation and flocculation;
Adsorptive processes (e.g., activated carbon, Zeolite, organoclay, green sand);
Ultrafiltration; Microfiltration; 
Coagulation, flocculation
Chemical precipitation;
Enhanced chemical settling (e.g., magnetite)
Chemical softening process (lime)
Suspended, fixed, or a combination of biological processes (e.g., activated sludge, trickling filters, rotating biological contactors, fixed or moving biofilm reactors, membrane bioreactor (MBR), anaerobic reactors/filters, sludge digestion). 
Biologically activated carbon
Subsurface submerged reactors (biological, metals removal)
Single step chemical conversion, oxidation/reduction reactions (e.g., iron, manganese) 
Oil / water separation with chemical addition (emulsion breaker, etc.). Can include low voltage electro-coagulation for emulsion breaking.
Oil / water separation with chemical precipitation (three phase, etc.)
Low voltage (<50 volts) electro-coagulation for metals removal
Biological or chemical scrubbers (e.g., odor control)
Diatomaceous earth (DE) filtration
Dissolved air flotation (DAF) with or without chemical addition
Centrifuge
Disinfection/inactivation with gaseous chlorine
Dechlorination with gaseous reagents
Chemical addition in gaseous form	
Class C	Standard clarification/sedimentation (including waste ponds for settling that regularly utilize chemical addition, but not chemical precipitation for specific reactions);
Filtration (e.g., mixed media, pressure, slow sand); 
Cartridge/bag filtration
Cloth disk/drum filtration
Neutralization (e.g., pH adjustment);
Solids Dewatering (e.g., sand or surfaced drying beds, mechanical such as belt filter, filter press); 
Airstripping;
Biological pond/lagoon, wetlands
Biosolids composting
Oil / water skim pit with mechanical skimmer
Disinfection/inactivation with ultraviolet (UV) radiation, free chlorine (e.g., liquid, solid), peracetic acid
Dechlorination with solid or liquid reagents
Chemical addition in dry or liquid form (other than when used in processes listed as Class B or A)	
Class D	Particulate settling ponds/tanks, without chemical addition;
Simple gravity flow filtration without chemical addition; 
Physical water/gas separation without chemical addition; 
Cooling water discharge without chemical addition
Physical oil / water separation without chemical addition (emulsion breaker, etc.) (e.g., gravity separator, corrugated plate separator, tube settler, hydrocyclone). Can include heater/treater or coalescing mesh filter.
Construction dewatering filter sock
Storage pond	
Note: 1. The treatment processes are listed as examples and are not all inclusive but are representative and the division will categorize other technologies consistent with this list and classify facilities based on the similar technologies.
(b)	For industrial wastewater treatment facilities existing prior to March 1, 2019 and not substantially modified, the following classifications shall apply until the classifications in Table 100.7.2(a) become applicable on March 1, 2021.

CLASSIFICATION	TREATMENT PROCESS1	
Class A	Chemical conversion (e.g., cyanide destruction, hexavalent chromium reduction); 
Ion exchange; 
Electrolytic conversion; 
Filtration by reverse osmosis.	
Class B	Chemical coagulation and flocculation; 
Adsorptive processes (e.g., activated carbon); 
Ultrafiltration; 
Microfiltration; 
Chemical precipitation; 
Suspended, fixed, or a combination of biological processes (e.g., activated sludge, trickling filters, rotating biological contactors).	
Class C	Standard clarification (including waste ponds for settling that regularly utilize chemical addition); 
Filtration (e.g., mixed media, pressure); 
Neutralization; 
Solids Dewatering (e.g., sand or surfaced drying beds, mechanical); 
Airstripping; 
Sludge Digestion.	
Class D	Particulate settling ponds; 
Simple gravity flow filtration without chemical addition; 
Physical water/gas separation without chemical addition; 
Cooling water discharge without chemical addition.	
1 Treatment processes are listed as examples and are not all inclusive.
100.7.3	The classification of any industrial wastewater treatment facility may be changed at the discretion of the Division based on changes in any condition or circumstance since the last classification determination.
100.7.4	Any industrial wastewater treatment facility that regularly utilizes a combination of two or more of the treatment processes described in section 100.7.2 shall be classified in accordance with the highest level of treatment process utilized.
100.7.5	Industrial wastewater treatment facilities that meet the automatic exemption criteria in section 100.1.5(a) are exempt from the requirement to operate under the supervision of a certified operator in responsible charge and shall not be classified.
100.7.6 If an industrial wastewater treatment facility is discharging to a water distribution system with non-industrial, domestic indoor uses or potable water distribution system, the treatment facility must also receive classification as a water treatment facility under section 100.4 and a water distribution system under section 100.8.
100.8	WATER DISTRIBUTION SYSTEM CLASSIFICATION
100.8.1	Water distribution systems shall be classified in accordance with the following four classes: Class 1, Class 2, Class 3 or Class 4. Class 4 is the highest level of classification and Class 1 is the lowest level of classification. The Division may make changes in classification in accordance with the needs created by particular complexities of any specific water distribution system based on consideration of system specific factors.
100.8.2	Criteria for Water Distribution System Classes 1, 2, 3, and 4
(a)	For water distribution systems that are new or substantially modified after March 1, 2019, the following classifications shall become effective immediately. For any water distribution systems existing prior to March 1, 2019 and not substantially modified, the following classifications shall apply beginning March 1, 2021.
The Division will utilize a two-step process for classifying water distribution systems as follows:
Step 1: The first step will be to classify based on population served which is a surrogate for number of taps and system volume/flow. Increasing number of taps, volume, and flow implies increased complexity.
Step 1 Distribution Table
CLASS	POPULATION SERVED1	
Class 1	3,300 or Less	
Class 2	3,301 - 25,000	
Class 3	25,001 - 100,000	
Class 4	Over 100,000	
Note: 1.	“Population served” means the average daily population that occurs during the busiest month of the year or normal operating period(s) including resident, non-transient, and transient population.
Step 2: The second step will be to account for additional system complexity not captured in step 1. The Division will increase the classification in accordance with the needs created by particular complexities of any specific water distribution system based on system specific factors as outlined in the Step 2 Distribution Table below. Note: A system classified as a class 3 or class 4 based on population would not increase classification based on the Step 2 Distribution Table. However, a class 1 or class 2 distribution system will be increased to a class 2 or class 3 based on a listed complexity. System classifications can never be lower than the classification determined in step 1.
Step 2 Distribution Table
Distribution System Feature 	Minimum Classification	
Pressure zones1: 3 to 5 zones	Class 2	
Pressure zones: 6 or more zones	Class 3	
System pressures greater than 150 psi (normal operation)	Class 3	
Chloramines residual (instead of free chlorine)	Class 2	
Booster chlorine stations – within distribution (not at entry points)	Class 2	
Substantial lengths of pipe within distribution (>2% of overall distribution system pipe length) with diameters greater than or equal to 24 inches 	Class 3	
Systems with 5 to 9 entry points	Class 2	
Systems with 10 or more entry points	Class 3	
Hand-pumped wells regulated under Colorado Primary Drinking Water Regulations, 5 CCR 1002-11
Alternatively can be operated by Level D or above Treatment operator without a distribution operator.	Class 1	
Note: 1. Pressure zones must serve at least 15 service connections to be counted as a zone. A small booster pump serving a few houses should not be considered its own zone. Pressure zones can be served by a pump or pressure regulating valves. 
(b)	For water distribution systems existing prior to March 1, 2019 and not substantially modified, the following classifications shall apply until the classifications in Table 100.8.2(a) become applicable on March 1, 2021.

CLASS	POPULATION SERVED	
Class 1	3,300 or Less	
Class 2	3,301 - 25,000	
Class 3	25,001 - 100,000	
Class 4	Over 100,000	
100.8.3	The classification of any water distribution system may be changed at the discretion of the Division based on changes in any condition or circumstance since the last classification determination.
100.8.4	Water distribution systems that meet the exemption criteria in section 100.1.5(a) are exempt from the requirement to operate under the supervision of a certified operator in responsible charge and shall not be classified.
100.9	WASTEWATER COLLECTION SYSTEM CLASSIFICATION
100.9.1	Wastewater collection systems shall be classified in accordance with the following four classes: Class 1, Class 2, Class 3 or Class 4. Class 4 is the highest level of classification and Class 1 is the lowest level of classification. The Division may make changes in classification in accordance with the needs created by particular complexities of any specific wastewater collection system based on consideration of population, system complexities, or other facility specific factors, including, but not limited to, unusual factors, potential for mixing of sources, or potential health hazards.
100.9.2	Criteria for Wastewater Collection System Classes 1, 2, 3, and 4
(a)	For wastewater collection systems that are new or substantially modified after March 1, 2019, the following classifications shall become effective immediately. For any wastewater collection systems existing prior to March 1, 2019 and not substantially modified, the following classifications shall apply beginning March 1, 2021. 
The Division will utilize a two-step process for classifying wastewater collection systems as follows:
Step 1: The first step will be to classify based on population served which is a surrogate for number of connections, system volume/flow, and pipe size/quantity. Increasing number of connections, volume, and flow implies increased complexity.
Step 1 Collection Table
CLASS 	POPULATION SERVED1 	
Class 1 	3,300 or Less 	
Class 2 	3,301 - 25,000 	
Class 3 	25,001 - 100,000 	
Class 4 	Over 100,000 	
Note: 1.	“Population served” means the average daily population that occurs during the busiest month of the year or normal operating period(s) including resident, non-transient, and transient population.
Step 2: The second step will be to account for additional system complexity not captured in step 1. The Division will increase the classification in accordance with the needs created by particular complexities of any specific wastewater collection system based on system specific factors as outlined in the Step 2 Collection Table below. Note: A system classified as a class 3 or class 4 based on population would not increase classification based on the Step 2 Collection Table. However, a class 1 or class 2 collection system will be increased to a class 2 or class 3 based on a listed complexity. System classifications can never be lower than the classification determined in step 1.
Step 2 Collection Table
Collection System Feature 	Minimum Classification	
Lift stations1: designed capacity to receive greater than 2,000 gpd (domestic wastewater treatment works) and firm capacity2 less than 150,000 gpd (0.15 MGD). Includes 1 or 2 lift stations with one or both having firm capacity 150,000 gpd (0.15 MGD) or greater, but less than 0.35 MGD.	Class 1	
Lift stations: 3 to 5, each with designed capacity to receive greater than 2,000 gpd (domestic wastewater treatment works) and one or more with firm capacity 150,000 gpd (0.15 MGD) or greater.	Class 2	
Lift stations: 6 or more, each with designed capacity to receive greater than 2,000 gpd (domestic wastewater treatment works) and one or more with firm capacity 150,000 gpd (0.15 MGD) or greater.	Class 3	
Lift station: any single lift station with firm capacity 0.35 MGD to 2.49 MGD.	Class 2	
Lift station: any single lift station with firm capacity 2.5 MGD or more.	Class 3	
Two significant industrial users (SIU)3 in collection system service area	Class 2	
Three or more significant industrial users (SIU) in collection system service area	Class 3	
Notes: 
1.	Lift stations for these evaluations do not include units with designed capacity to receive 2,000 gpd or less such as individual grinder pumps at residences or businesses. Lift stations for these evaluations do not include lift stations within the property of the owner of the domestic wastewater treatment facility as they are excluded from the definition of wastewater collection system.
2.	Firm capacity is installed pumping capacity with largest unit out of service.
3.	Significant industrial users are defined in section 100.2.
(b)	For wastewater collection system existing prior to March 1, 2019 and not substantially modified, the following classifications shall apply until the classifications in Table 100.9.2(a) become applicable on March 1, 2021.

CLASS	POPULATION SERVED	
Class 1	3,300 or Less	
Class 2	3,301 - 25,000	
Class 3	25,001 - 100,000	
Class 4	Over 100,000	
100.9.3	The classification of any wastewater collection system may be changed at the discretion of the Division based on changes in any condition or circumstance since the last classification determination.
100.9.4	Wastewater collection systems for a campus with multiple buildings (e.g., business, educational, camps, mobile home parks) with one owner of the campus property and any of the following conditions are to be classified and expected to operate under the supervision of a certified operator in responsible charge in accordance with this regulation:
(a)	Size exceeding 10,000 feet collection system pipe. 
(b)	Having a lift station with a designed capacity to receive greater than 2,000 gpd (domestic wastewater treatment works) located on the property and discharging to another collection and/or treatment system beyond the property of the owner, unless legal arrangements are made with the receiving collection and/or treatment system to maintain the lift station. 
100.10	RESPONSIBILITIES AND DUTIES OF WATER AND WASTEWATER FACILITY OWNERS
100.10.1	Supervision by a Certified Operator in Responsible Charge
(a)	No owner of a water or wastewater facility shall allow the facility to be operated without the direct supervision of one or more certified operators in responsible charge.
“Direct supervision” means that the certified operators in responsible charge have supervisory responsibility and authority with respect to the operation of the water or wastewater facility and for the activities and functions of other facility operators.
(b)	The owner designates the certified operators in responsible charge of the water or wastewater facility by completing and submitting the appropriate division contact update form.
(c)	Owners shall ensure that their agreements with the certified operators in responsible charge are sufficiently detailed and formal to reflect all the duties as outlined in section 100.12.
(d)	Contracts for limited services do not fulfill the owner’s obligation, under section 100.10.1(a), to place the facility under the supervision of one or more certified operators in responsible charge. Contracts for limited services, such as compliance sampling, do not rise to the level of a contract for a certified operator in responsible charge.
100.10.2	Decisions Reserved to Certified Operator in Responsible Charge
Each owner of a water or wastewater facility shall ensure that all process control and/or facility integrity decisions about water quality or quantity or wastewater effluent quality or quantity that may affect public health or the environment are made by either a certified operator in responsible charge or by another operator certified at a level equal to or above the classification of the facility he or she is operating in accordance with the facility’s written operating plan as described in section 100.12.6.
100.10.3	Availability of Certified Operator in Responsible Charge
Each owner of a water or wastewater facility shall ensure that a certified operator in responsible charge is available or ensure that operations are conducted in accordance with the facility’s written operating plan as described in section 100.12.6 whenever the facility is in operation.
Available” means either on-site or able to be contacted as needed to make decisions and to initiate appropriate actions in a timely manner.
100.10.4	Reporting Requirement
Each owner of a water or wastewater facility shall submit the appropriate division contact update form, no later than thirty (30) days following the date the facility is initially placed on-line and thereafter, no later than thirty (30) days after changes to any of the following information:
(a)	name, mailing address, phone number, and email address (if available) of the facility legal representative providing the information;
(b)	full legal name and operator identification number of the certified operators in responsible charge;
(c)	identification of the facility or facilities for which each certified operator in responsible charge has responsibility; or
(d)	the Public Water System Identification (PWSID) number, the Colorado Discharge Permit System (CDPS) permit number, or general permit certification number for all facilities listed.
100.10.5	Certified Operator in Responsible Charge Certification Requirements
(a)	Each water and wastewater facility shall have at least one certified operator in responsible charge certified as shown in the following table:
(b)	Table - Criteria for Certified Operator in Responsible Charge

Facility or System Classification	Certified Operator in Responsible Charge Minimum Required Certification Levels	
Water Facilities	
Water Treatment	 	
A	A	
B	A or B	
C	A, B, or C	
D	A, B, C, D, S1 or T2	
Water Distribution	 	
4	4	
3	4 or 3	
2	4, 3 or 2	
1	4, 3, 2, 1, or S1	
Domestic Wastewater Facilities	
Wastewater Treatment	 	
A	A	
B	A or B	
C	A, B, or C	
D	A, B, C, D, or S3	
Wastewater Collection	 	
4	4	
3	4 or 3	
2	4, 3 or 2	
1	4, 3, 2, 1, or S3	
Industrial Wastewater Facilities	
A	A	
B	A or B	
C	A, B, or C	
D	A, B, C, or D, or S3	
1 Applicable only in accordance with section 100.10.5(d)
2 Applicable only in accordance with section 100.10.5(c)
3 Applicable only in accordance with section 100.10.5(e)
(c)	Class T certificate is only valid for operating facilities that meet all of the following criteria:
(i)	are classified as transient non-community public water systems;
(ii)	that draw water from ground water sources not under the direct influence of surface water;
(iii)	serve fewer than 100 individuals per day;
(iv)	utilize treatment consisting only of non-gaseous chlorine disinfection; and
(v)	would be classified as a Class “D” water treatment facility and/or as a Class “1” water distribution system under the provisions of this regulation.
(d)	Class S Water certificate is only valid for operating facilities that meet all of the following criteria:
(i)	serve no more than 3,300 persons; and
(ii)	would be classified as a Class “D” water treatment facility and/or as a Class “1” water distribution system under the provisions of this regulation.
(e)	Class S Wastewater certificate is only valid for operating facilities that meet all of the following criteria:
(i)	serve no more than 3,300 persons; and
(ii)	would be classified as a Class “D” wastewater treatment facility and as a Class “1” wastewater collection system under the provisions of this regulation.
100.10.6	The Division shall investigate any instances of possible violations of the requirements of sections 100.10.1-100.10.5 by any owner of a water or wastewater facility. The Division shall enforce compliance with these requirements in accordance with the procedures in section 25-9-110, C.R.S.
100.10.7	Any water or wastewater facility owner who seeks a hearing in response to a Division finding of a violation under sections 100.10.1-100.10.5 or a Department assessment of a civil penalty for such violation may request a hearing in accordance with section 24-4-105, C.R.S., before the Board by submitting to the Division, within thirty (30) days of notice of such finding or assessment, a request containing the following:
(a)	identification of the person(s) requesting the hearing and the subject matter of the request;
(b)	the statutory and/or regulatory authority and factual basis for the request; and
(c)	the relief requested.
100.10.8 Site-Specific Certified Operator in Responsible Charge 
(a)	Facilities to be classified in accordance with sections 100.4 through 100.9 and existing as of March 1, 2019 may request a designation by the Division of a site-specific certified operator in responsible charge at the level of classification existing before March 1, 2021 for a period until March 1, 2024 if the following conditions are satisfied:
(i)	The existing facility classification will change on March 1, 2021 to two or more levels higher than the existing facility classification level on March 1, 2019, and the facility has not been substantially modified after March 1, 2019;
(ii)	The existing certified operator in responsible charge has been the certified operator in responsible charge continuously since a time beginning before March 1, 2018; and
(iii)	The existing certified operator in responsible charge meets the facility classification existing before March 1, 2021 but does not meet the classification level beginning March 1 2021.
(b)	Facilities to be classified in accordance with sections 100.4 through 100.9 and existing as of March 1, 2019 may request a designation by the Division of a site-specific certified operator in responsible charge at the level of classification existing before March 1, 2021 for a period until March 1, 2024 if the following conditions are satisfied:
(i)	The existing facility classification will change on March 1, 2021; and the facility has not been substantially modified after March 1, 2019;
(ii)	The existing certified operator in responsible charge has been the certified operator in responsible charge continuously since a time beginning before March 1, 2014; and
(iii)	The existing certified operator in responsible charge meets the facility classification existing before March 1, 2021 but does not meet the classification level beginning March 1, 2021
(c)	Facilities to be classified in accordance with sections 100.4 through 100.9 and existing as of March 1, 2019 may request a designation by the Division of a site-specific certified operator in responsible charge at the level of classification existing before March 1, 2021 for a period until March 1, 2029 if the following conditions are satisfied:
(i)	The existing facility classification will change on March 1, 2021; and the facility has not been substantially modified after March 1, 2019;
(ii)	The existing certified operator in responsible charge has been the certified operator in responsible charge continuously since a time beginning before March 1, 2004; and
(iii)	The existing certified operator in responsible charge meets the facility classification existing before March 1, 2021 but does not meet the classification level beginning March 1, 2021.
(d)	The application form to request a designation for a site-specific certified operator in responsible charge will also identify the necessary supporting documents to be submitted with the application, as determined by the Division.
(e)	To request a designation of a site-specific certified operator in responsible charge, the owner of the facility is required to submit to the Division a complete application with the identified supporting documentation no later than December 31, 2020.
(f)	The Division will review and evaluate the application requesting a designation of a site-specific operator in responsible charge and the supporting documentation along with any other information the Division considers to be relevant to determine whether the facility is operating in compliance with the law and applicable regulations.
(g)	The Division may deny an application requesting designation of a site-specific certified operator in responsible charge, if:
(i)	the application or supporting document is incomplete;
(ii)	the facility fails to meet the conditions under the applicable subsection of 100.10.8 (a)-(c) which it applied for the designation of site-specific certified operator in responsible charge; or
(iii)	there are operator and facility specific factors including, but not limited to, history of non-compliance issues, operational complaints, or past and current enforcement matters.
(h)	Designation of the site-specific certified operator in responsible charge is for long-time existing certified operator in responsible charge of a particular system. Designation is not available for contract operators.
(i)	If at any time the site-specific certified operator in responsible charge is no longer the certified operator in responsible charge for a facility, the facility’s designation of a site-specific certified operator in responsible charge is no longer valid. The owner is responsible for notifying the Division and providing a certified operator in responsible charge certified at a level equal to or higher than the classification of the facility he or she is operating within 30 days of a site-specific certified operator in responsible charge’s departure from employment at the facility.
100.11	RESPONSIBLITIES AND DUTIES OF A CERTIFIED OPERATOR
100.11.1	In the performance of their duties, certified operators shall exercise a level of reasonable care and judgment consistent with the experience and training appropriate to their level of certification as defined in these regulations.
100.11.2	Certified operators shall protect the public health and the environment by properly performing and/or supervising the activities pertinent to controlling the operation of a water or wastewater facility in accordance with a written operating plan as described in section 100.12.6 as appropriate to their level of certification, including but not limited to the following:
(a)	controlling the selection of or flow from a source to a water or wastewater facility and controlling the selection of or flow from a water or wastewater facility to a receiving body or system;
(b)	controlling the processing of raw and/or treated and/or finished water/wastewater;
(c)	preparing and/or controlling chemical addition for water or wastewater treatment;
(d)	observing and taking necessary actions in response to variations in operating conditions;
(e)	interpreting meter and/or gauge readings and adjusting facility processes based on such interpretations;
(f)	controlling the operation and maintenance of valves and/or gates;
(g)	controlling the operation and maintenance of pumps;
(h)	maintaining logs and/or records;
(i)	collecting and/or analyzing process control samples; and
(j)	reporting instances of non-compliance or situations that could result in non-compliance to the certified operator in responsible charge.
100.11.3	When acting in the capacity of a certified operator, certified operators shall refrain from behaving in a threatening, intimidating, demeaning or similar manner in verbal or written communications or in interactions with the public, the regulated community and regulators.
100.11.4	Certified operators shall update the Board or its contractor with any changes to mailing address, telephone number, or email within 30 days of such a change.
100.12	RESPONSIBILITIES AND DUTIES OF A CERTIFIED OPERATOR IN RESPONSIBLE CHARGE
100.12.1	Certified operators in responsible charge are designated by the owner of the water or wastewater facility and have supervisory responsibility for the operation of the facility and for the operational activities and functions of other facility operators.
100.12.2	Process control and/or system integrity decisions with respect to drinking water quality or quantity that may affect the public health or the environment are reserved to certified operators in responsible charge.
100.12.3	Process control and/or facility integrity decisions with respect to effluent quality or quantity that may affect the public health or the environment are reserved to certified operators in responsible charge.
100.12.4	Certified operators in responsible charge of a water or wastewater facility must hold a valid certificate equal to or greater than the classification of the water or wastewater facility they operate.
100.12.5	Certified operators in responsible charge shall protect the public health and the environment in the conduct of their duties. The certified operators in responsible charge are accountable for the operation and maintenance of the water or wastewater facility and are responsible for understanding the requirements of the applicable permits, laws and regulations. These duties include the following:
(a)	controlling, supervising or actively participating in the planning, operation and maintenance of a water or wastewater facility;
(b)	making process control and system integrity decisions on the operation and maintenance of the water or wastewater facility;
(c)	making decisions and initiating actions regarding the operation of the water or wastewater facility in a timely manner;
(d)	inspecting and testing new, modified, or repaired facilities prior to placing or returning such facilities into service;
(e)	developing maintenance programs;
(f)	developing and maintaining the written operating plan as described in section 100.12.6;
(g)	reporting instances of non-compliance or situations that could result in non-compliance as appropriate to facility owners and the Department; and
(h)	performing other functions of direct responsibility, including those enumerated in section 100.11.
100.12.6	Written Operating Plan - Certified operators in responsible charge of a water or wastewater facility may delegate tasks or activities, including those listed in section 100.11, to other facility operators when delineated by a written operating plan.
(a)	Such tasks may be performed by the facility operators even if the certified operator in responsible charge is not on-site.
(b)	The operating plan must be precise in defining the limits of such tasks or activities.
(i)	The operating plan must be reviewed and updated, as needed, at least once each calendar year by a certified operator in responsible charge.
(ii)	The operating plan must be available to the facility owner and other facility operators at all times. The operating plan must be available for inspection by the Department upon request.
(c)	Any operational activity beyond the limits defined in the operating plan requires the immediate and direct consultation with and participation of a certified operator in responsible charge or another operator holding a certificate equal to or above the classification of the facility he or she is operating.
(d)	Certified operators in responsible charge remain accountable for the consequences of the performance of such tasks or activities by other facility operators under their charge.
100.13	DISCIPLINARY PROCEEDINGS
100.13.1	The Division shall investigate any instances of possible misconduct by certified operators or certified operators in responsible charge. The Division shall present the results of the investigation and its recommendations for any disciplinary action, including reprimand or suspension or revocation of a certificate, to the Board in accordance with section 24-4-104, C.R.S.
100.13.2	Certified Operators – In accordance with the procedures in sections 24-4-104 and 105, C.R.S., the Board may reprimand a certified operator, and/or suspend or revoke the certificate of any certified operator who violates the requirements of this regulation, including, but not limited to the following:
(a)	failing to exercise reasonable care and judgment consistent with the operator’s level of certification and degree of responsibility for the operation of a water or wastewater facility;
(b)	failing to properly perform and/or supervise activities pertinent to controlling the operation of a water or wastewater facility, including, but not limited to the tasks described in section 100.11 of this regulation;
(c)	willfully or negligently violating, causing, or allowing the violation of this regulation, 5 CCR 1003-2; the Colorado Primary Drinking Water Regulations, 5 CCR 1002-11; the Colorado Discharge Permit System Regulations, 5 CCR 1002-61, or a discharge permit issued thereunder; or any other relevant regulations;
(d)	submitting false or misleading information on any document provided to the Department, Division, Board, or contractor of the Board;
(e)	using fraud or deception in the course of employment as a certified operator;
(f)	failing to conform with minimum standards of performance of a certified operator’s duty;
(g)	engaging in dishonest conduct during an examination;
(h)	obtaining a certificate through fraud, deceit, or the submission of materially inaccurate application information;
(i)	representing oneself as holding a valid operator’s certificate after the expiration, suspension, or revocation of the certificate; 
(j)	when acting in the capacity of a certified operator, behaving in a threatening, intimidating, demeaning or similar manner in verbal or written communications or in interactions with the public, the regulated community or regulators; or
(k)	failure to follow the Colorado Certified Water Professionals Code of Conduct.
100.13.3	Certified Operators in Responsible Charge – In accordance with the procedures in sections 24-4-104 and 105, C.R.S., the Board may reprimand a certified operator in responsible charge, and/or suspend or revoke the certificate of any certified operator in responsible charge, who:
(a)	fails to meet the requirements of a certified operator in responsible charge as defined in section 100.12; and/or
(b)	willfully or negligently causes, instructs, or allows any other person or operator under his or her charge, direction, or supervision to act in a manner inconsistent with a certified operator’s duties and obligations as described in section 100.11 or other relevant parts of this regulation, or to act in a manner inconsistent with any other relevant regulations or permits.
100.13.4	Reprimand
A reprimand is an official admonition for wrongdoing issued to a certified operator by the Board in the form of a letter, which includes the facts and circumstances leading to the reprimand, the statutory and regulatory provisions at-issue, and a warning of more serious consequences for future wrongdoings.
100.13.5	Suspension
(a)	The Board may suspend a certificate for a period not to exceed three (3) years.
(b)	At the end of the suspension period, an operator may resume prior duties without being required to submit a new application for certification.
(c)	If an operator’s certificate is due for renewal during the period of suspension, the operator shall remain subject to the renewal deadline and shall renew the certificate in a timely manner.
(d)	Certificates renewed during a suspension period shall become valid for a period of three (3) years, effective on the ending date of the suspension period.
100.13.6	Revocation
(a)	Following the revocation of a certificate, an operator may not apply for another certificate in the same classification category as that of the revoked certificate for a period of three (3) years.
(b)	Any operator whose certificate is revoked shall be treated as a new applicant for purposes of this regulation and must meet all the initial certification requirements, including passing the appropriate certification examination.
100.13.7	Emergency Suspension or Revocation
The Division may immediately suspend or revoke certificates where such immediate action is necessary to protect the public health or the environment.
100.13.8	Following the suspension or revocation of his or her certificate, an operator shall not represent that he or she holds a certificate in the classification category for which the certificate was suspended or revoked. No person shall operate a water or wastewater facility with a suspended or revoked certificate.
100.14	CERTIFICATION QUALIFICATIONS, EDUCATION, EXPERIENCE AND SUBSTITUTIONS
100.14.1	A person desiring to be certified shall apply for certification with the Board or its contractor. Applicants shall affirm agreement with the Colorado Certified Water Professionals Code of Conduct and provide the following: 
(a)	documentation showing that the minimum educational requirements of section 100.14.5(e) have been met;
(b)	verification of lawful presence in the United States in accordance with section 24-76.5-101 et. seq., C.R.S., and
(c)	verification of regulatory training course completion as described in section 100.14.5(b).
100.14.2	Completed application materials and fees must be submitted at the time of application.
100.14.3	The Board or its contractor shall review applications and supporting documents, determine the eligibility of applicants and notify applicants of their status. Any application disapproval notification shall specify the reason(s) the application does not meet the minimum requirements.
100.14.4	If an application is disapproved by the Board’s contractor, the applicant may appeal this decision to the Board in accordance with the procedures in section 24-4-105, C.R.S.
(a)	Any such appeal must be received in the Board’s office within two weeks of the date of the disapproval notification.
(b)	No new factual information will be accepted during the Board appeal process, except for good cause shown.
100.14.5	Qualifications for Certification
(a)	Applicants shall be evaluated by the Board or its contractor as to education, experience, and knowledge related to the classification level for which the applicant seeks to be certified.
(b)	Regulatory Training Requirement
(i)	Applicants must complete an approved regulatory training course prior to submitting an application.
(ii)	Each completion of a regulatory training course is valid for three years.
(c)	An applicant for a new certificate must pass a validated examination designated for the category and level for which application is being made with a minimum passing score of 70 percent.
To qualify to sit for an examination, an applicant must apply as set forth in section 100.14.1 and meet the following requirements:
(i)	completion of approved mandatory regulatory training as set forth in section 100.14.5(b);
(ii)	minimum education requirements; 
(iii)	the minimum experience or cross-experience requirements; and 
(iv)	the prior certification requirements as set forth in section 100.14.5(j).
(d)	Certificates by reciprocity may be issued by the Board or its contractor, without examination, on a case-by-case basis, to persons who:
(i)	hold a valid certificate issued by a state, territory or possession of the United States, or other country or, at the discretion of the Board, by another certifying entity, that administers validated examinations approved by the Board or its contractor as comparable to exams given in Colorado;
(ii)	meet the minimum experience or cross-experience requirements specified by these regulations;
(iii)	obtain qualifying experience in the state, territory or possession of the United States, or other country in which they hold a valid certificate; and
(iv)	complete the approved mandatory regulatory training as set forth in section 100.14.5(b).
(e)	Minimum Educational Requirements
(i)	Applicants must be high school graduates or hold a general equivalency diploma (GED).
(ii)	Experience and relevant training may substitute for high school graduation or GED. Applicants substituting experience and relevant training for the high school graduation or GED shall:
(A)	have an additional six (6) months of qualifying experience; and
(B)	demonstrate the completion of 1.0 training units in a course approved as a substitute for entry-level experience requirements.
(f)	Experience Determinations
(i)	No more than one year of experience will be credited for employment/activities during any one calendar year.
(ii)	For water or wastewater facilities that require less than a full time operator for proper operation, the experience of an operator of such a facility who works less than half time will be counted as half-time experience; the experience of an operator of such a facility who works half-time or more will be counted as full-time experience.
(iii)	The aggregate time spent operating multiple facilities shall be considered in any determination of whether to credit full-time experience or half-time experience.
(iv)	Experience obtained in the operation of a seasonal water or wastewater facility will be credited only for that portion of the year during which the facility is in operation.
(v)	Except as described in section 100.14.5(k), the experience cut-off date is the date an application is submitted to determine if the applicant has the required experience to take a certification examination at a particular level.
(vi)	To meet the experience requirement to test for a particular level of certification, the experience relied upon does not have to be at the level of the examination for which application is being made.
(g)	Evaluation of Experience. For purposes of this section, domestic and industrial wastewater treatment facility experience shall be considered interchangeable. In evaluating experience of operators the Board or its contractor will be guided by:
(i)	whether and to what degree the experience required technical knowledge of the operation of a water or wastewater facility;
(ii)	whether and to what degree the experience was actual on-site operating experience with the daily operational aspects of a facility that could affect water quality or quantity; and
(iii)	whether or not the experience included the responsible charge of a water or wastewater facility.
(h)	Once specific experience or relevant training is credited toward the satisfaction of either the experience or education requirements of this section, that same experience and/or training may not be further credited to meet other requirements of this section.
(i)	Prior Certification Requirements. To qualify to sit for an examination, an applicant must hold a certificate for the same certification category (water treatment facility, domestic or industrial wastewater treatment facility, distribution system or collection system) and in the class immediately below the class for which application is being made. Prior certification requirements are shown in the table below.
(j)	Table - Prior Certification and Experience Requirements
Certification Class	Prior Certification Required1	Minimum Experience Required	
Class T	None	No minimum experience requirement	
Class S, Class D, or Class 1	None	1 Month	
Class C	Class D or Class S	2 Years	
Class 2	Class 1 or Class S	2 Years	
Class B	Class C	3 Years	
Class 3	Class 2	3 Years	
Class A	Class B	4 Years	
Class 4	Class 3	4 Years	
1 Prior certification must be for the same certification category as that of the examination being applied for.
(k)	Special Rules for Satisfying the Minimum Experience Requirements for Class D, Class 1, Class S and Class T Certifications:
(i)	The required experience may be obtained either under the supervision of a certified operator in responsible charge or through the successful completion of an approved training course or course of study.
(ii)	Any education courses used to satisfy the basic experience requirement for a Class D, Class 1, Class S, or Class T certificate may not be used to satisfy the certificate renewal requirements for that same certification.
100.14.6	Substituting education and cross experience for the experience requirements
(a)	Substituting Education for Experience Requirements
(i)	Post-secondary education may also be substituted for up to fifty percent (50%) of the experience requirements of section 100.14.5(f) based on successful completion of formal academic credit hours, as approved by the Board or its contractor in accordance with section 100.14.6(b), for all or a portion of an academic year. For education substitution for experience, academic credit hours shall be calculated as follows:
(A)	15 semester hours = ½ academic year = 6 months experience; 15 quarter hours = 1/3 academic year = 4 months experience;
(B)	Training units: 300 contact hours or 30 training units = 15 quarter hours = 4 months experience;
(C)	thirty (30) semester hours and/or forty-five (45) quarter hours shall constitute one (1) year’s formal education and may be substituted for one (1) year of experience.
(ii)	Military specialty training directly relevant to the operation of water and wastewater facilities.
(A)	Credit for up to fifty percent (50%) of the applicable experience requirement of section 100.14.5(f) may be granted for satisfactorily completing military specialty training courses.
(B)	For purposes of equivalency for education substitution for experience, military training credit hours shall be calculated as follows:
(I)	1 week training = 40 contact hours.
(II)	240 contact hours = 15 semester hours = ½ academic year = 6 months experience. 
(iii)	Consideration of Field(s) of Study
(A)	Credit for up to fifty percent (50%) of the applicable experience requirement of section 100.14.5(f) may be granted for satisfactorily completing structured programs of study in a degree or certificate granting educational institution or equivalent for technically oriented programs which the Board or its contractor has determined are directly relevant to the operation of water and wastewater facilities, including but not limited to post high school education in the environmental control field, engineering or related science. Experience credit shall be granted based upon the number of academic years required to complete the program, in accordance with section 100.14.6(a).
(B)	Credit for up to twenty-five (25%) of the applicable experience requirement of section 100.14.5(f) may be granted for satisfactorily completing structured programs of study in a degree granting educational institution or equivalent, regardless of field of study. Experience credit shall be granted based upon the number of academic years required to complete the program, in accordance with section 100.14.6(a).
(iv)	In instances where an approved degree or certificate program has not been completed, credit for up to fifty percent (50%) of the applicable experience requirement of section 100.14.5(f) may be granted for the completion of individual technically oriented courses as approved by the Board or its contractor as relevant to the operation of water and wastewater facilities, including but not limited to post high school education in the environmental control field, engineering or related science, in accordance with section 100.14.6(a).
(v)	At least fifty percent (50%) of any experience requirement of section 100.14.5(f) of this regulation shall be met by actual on-site operating experience in a water or wastewater facility, except that Class D, Class 1, and Class S applicants may satisfy the experience requirements exclusively with formal academic education credits or training units, in accordance with section 100.14.5(k).
(b)	Approval of Training, Educational Courses, and Institutions When Substituting Education for Experience
(i)	Approval of technically-oriented courses or programs, for purposes of substituting education for experience, shall be determined by the Board or its contractor based on a determination that such courses or programs are directly relevant to the operation of water and wastewater facilities. Such courses and programs may include, but are not limited to, post-secondary education in the environmental control field, engineering, microbiology, chemistry, or other related science.
(ii)	Approval of educational institutions for purposes of substituting education for experience shall be determined by the Board or its contractor based on accreditation by recognized regional associations for such institutions in the United States. For educational institutions outside the United States, the applicant shall be required to establish to the satisfaction of the Board or its contractor the equivalency and suitability of the courses of study claimed for credit.
(iii)	Other educational programs, including but not limited to, specialized operator training courses, seminars, workshops, correspondence or computer courses, and technical conferences, may be credited toward education for purposes of substitution for experience as approved by the Board or its contractor. Such programs will receive credit in training units on the following basis:
(A)	Ten (10) contact hours shall be required to equal one training unit. A contact hour means a classroom or supervised hour of attendance or hour of participation, recognized by the Board as a training unit, successfully completed by an applicant.
(B)	Three (3) training units shall equal one semester credit hour or two training units shall equal one quarter credit hour for purposes of equivalency.
(c)	Substitution of Cross-Experience for Experience Requirements
(i)	Cross-experience may be substituted for the experience requirements of section 100.14.5(f) for certification as a Class C, Class B, or Class A water treatment facility operator, domestic or industrial wastewater treatment facility operator; or for a Class 2, Class 3, or Class 4 water distribution or wastewater collection system operator, except that at least fifty percent (50%) of any experience requirement of section 100.14.5(f) shall be met by actual on-site operating experience in the specific certification category, water or wastewater, for which application is being made.
(ii)	For the purpose of this section, “cross-experience” means that:
(A)	qualifying experience as an operator in a water treatment facility may be substituted for up to fifty percent (50%) of the experience requirement for certification as an operator of a wastewater treatment facility;
(B)	qualifying experience as an operator in a wastewater treatment facility may be substituted for up to fifty percent (50%) of the experience requirement for certification as an operator of a water treatment facility;
(C)	qualifying experience as an operator in a water distribution system may be substituted for up to fifty percent (50%) of the experience requirement for certification as an operator of a wastewater collection system; or
(D)	qualifying experience as an operator in a wastewater collection system may be substituted for up to fifty percent (50%) of the experience requirement for certification as an operator of a water distribution system.
100.15	CERTIFICATES BY EXAMINATION AND CERTIFICATES BY RECIPROCITY
100.15.1	Examinations
(a)	The Board or its contractor shall oversee the preparation and administration of validated examinations to be used in determining whether or not the applicant has the necessary skills, knowledge, ability and judgment appropriate for the level of certification sought.
(b)	All examinations shall be administered electronically, unless other arrangements are made with the exam administrator.
(c)	All examinations will be graded by the Board or its contractor and the applicants shall be notified of the results.
(d)	Examinees shall be provided an analysis of their examination performance indicating the level of knowledge demonstrated for each topic tested.
(e)	Applicants who fail an examination may retest within the 180-day eligibility period. A new exam fee will be assessed for each re-examination; however applicants will not be required to pay additional application and administration fees during the 180-day eligibility period.
(f)	Any form of cheating on the part of an applicant will invalidate the results of his or her examination and may result in the applicant being barred from sitting for an examination for a period of 1 to 5 years, as determined by the Board following a hearing in accordance with section 24-4-104, C.R.S.
100.15.2	The Board or its contractor shall award to the applicant a certificate upon satisfactory fulfillment of the requirements of section 100.14.
100.15.3	New certificates by examination and by reciprocity shall be valid for three (3) years from the effective date of the certificate.
100.16	CERTIFICATE RENEWAL, EXPIRATION, REVOCATION AND TRAINING UNIT REQUIREMENTS
100.16.1	Renewed certificates shall be valid for three (3) years from the date of the expiration of the prior certificate, not from the issue date of the renewed certificate.
100.16.2	Application to Renew Certificates
(a)	To renew a certificate, an operator must apply as set forth in section 100.14.1 and demonstrate satisfaction of the requirements for renewal, including: 
(i)	verification of regulatory training course completion as described in section 100.14.5(b).
(ii)	the training unit requirements in section 100.16.6.
(b)	Renewal Process for Certified Operators Absent Due to Military Service
(i)	“Military service” means service in the uniformed services, as defined in the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301-4335, as the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to any such duty, and a period for which a person is absent from employment for the purpose of performing funeral honors duty as authorized by section 12503 of title 10 or section 115 of title 32.
(ii)	During the period a certified operator is participating in military service, his or her certificate(s) shall be tolled relative to certification renewal and training unit requirements (i.e., for every day a certified operator is in military service, all certifications held by that operator will be put on hold for purposes of meeting the renewal and training unit deadlines). In addition to the number of days in service, an extra 90-day grace period shall be afforded to certified operators upon return from military service for purposes of meeting renewal and training unit deadlines. The Board or its contractor shall have the discretion to extend this grace period to address extenuating circumstances on a case-by-case basis.
(iii)	If the two-year renewal window for any certificate expires while a certified operator is in military service, the operator’s certificate(s) will not become invalid during the period the operator is in service. Upon return from military service, the certified operator will have the amount of time accrued while in military service, plus an additional 90 days to obtain the required training unit credits and to submit a renewal application. The operator’s certificate(s) will remain valid during that extended time period. In no case will the certified operator be subject to any late fees at the time of submitting a renewal application that is in conformance with section 100.16.1(e).
(iv)	It is the certified operator’s responsibility to alert the Board or its contractor of intervening military service at the time of filing a renewal application. Such notification shall include the dates the operator was in “service in the uniformed services” in accordance with the USERRA definition. Certified operators shall be expected to provide a signature swearing under the penalty of perjury to the veracity of all statements regarding military service.
100.16.3	Expired Certificates
(a)	A certificate becomes invalid on its expiration date.
(b)	Following expiration of a certificate, the operator shall not represent that he or she holds a certificate in the category or level of the expired certificate.
(c)	No certified operator in responsible charge of a water or wastewater facility shall operate a facility with an expired certificate.
100.16.4	Restoration of Expired Certificates
(a)	To restore an expired certificate, an operator may apply for renewal up to two years following the expiration date of the certificate. The Board or its contractor will renew the certificate if the operator pays the renewal and applicable late fees, as listed in section 100.17.2, and satisfies all applicable renewal requirements.
(b)	Certificates renewed after their expiration date shall be valid for three years from the date of expiration of the prior certificate, not from the issue date of renewed certificate.
100.16.5	Automatic Revocation of Non-Renewed Certificates
(a)	Any certificate not renewed by the operator within the two year restoration period is automatically revoked.
(b)	Any operator whose certificate has been automatically revoked shall be treated as a new applicant for purposes of this regulation and must meet all the initial certification requirements, including passing the appropriate sequential examinations.
100.16.6	Training Units
(a)	In addition to the other requirements of this regulation, all certified operators must earn the appropriate number of training units, as specified in sections 100.16.6 and 100.16.7, before the operator’s certificate will be renewed.
(b)	At least fifty percent (50%) of the training units for certificate renewal must be for courses approved for credit in the specific certificate category (water treatment, domestic wastewater treatment, industrial wastewater treatment, distribution system or collection system) being renewed.
(c)	Up to fifty percent (50%) of the training units for certificate renewal may come from courses approved for credit in a category (water treatment, domestic wastewater treatment, industrial wastewater treatment, distribution system or collection system) other than that of the certificate being renewed, including supplemental training courses.
(d)	For renewal of a certificate, the maximum number of training units allowed from a specific course is the total number of training units approved for the course.
(e)	If applicable, the training units from one course may be applied toward the renewal of more than one certificate.
(f)	Training units may only be used once in each category to renew a certificate.
(g)	Training units are earned during the three-year period a certificate is valid. Training units may not carry over from one three-year period to the next.
(h)	For training that occurs over multiple dates, the training units will be considered to have been obtained on the date of completion of the training course or class.
(i)	If an operator takes a training course prior to taking a certification examination, passes the examination, and obtains a certificate at a new level, the training course completed prior to the examination will not count toward training units for renewal of the new certificate. Should a certified operator complete such a training course and not pass a new certification examination, that training course can be used, if applicable, to meet the training unit requirements for renewal of the operator’s current certificate.
(j)	Late renewal
(i)	Training classes taken after the expiration date of a certificate, but before the automatic revocation date, may be used to renew the expired certificate.
(ii)	If an operator completes training units after the expiration date of a certificate, but before the certificate is renewed and does not use the training units to renew the previous certificate, the training units may be used for the subsequent renewal.
(iii)	It is the certified operator’s responsibility to keep track of when the training unit credits have been used and will be responsible to verify and affirm on the renewal application that he or she is not using the credits more than once.
(iv)	In the event that a certified operator uses training credits more than once, that could be grounds for disciplinary action, including revocation of a certificate.
100.16.7	Table - Training Unit Requirements for Operator Certificate Renewal
Certified Operator Class	Training Unit Requirement	
Class T	1.2 Training Units	
Class D or Class 1	1.2 Training Units	
Class S	1.8 Training Units	
Class C or Class 2	1.8 Training Units	
Class B or Class 3	2.4 Training Units	
Class A or Class 4	3.0 Training Units	
100.16.8	The training units for regulatory training course completion as described in section 100.14.5(b) are included in the total training units required as listed in section 100.16.7, not in addition to those requirements.
100.16.9	All training unit subject matter will be determined by the Board or its contractor to be relevant and necessary to the successful operation of a water or wastewater facility.
(a)	The Board or its contractor shall approve as “core training” courses with topics that are directly applicable to aspects of water and wastewater facility operations that may affect public health or the environment, or the need to maintain compliance with established requirements. Training units from such courses may be used to satisfy the training units requirements for the renewal of an operator’s certificate in accordance with sections 100.16.6 and 100.16.7.
(b)	Eligible “core training” topics may include the following subjects:
(i)	operation and maintenance of facility mechanical systems, electrical equipment or hydraulics;
(ii)	physical treatment, chemical treatment, biological treatment;
(iii)	physical testing, chemical testing, biological testing, or disinfection;
(iv)	regulatory compliance; or
(v)	other relevant topics approved by the Board or its contractor.
(c)	The Board or its contractor may approve as “supplemental training” any courses that are found to provide useful operator knowledge but are not directly related to water or wastewater facility operations. Training units from courses approved as “supplemental training” may be used to satisfy the training unit requirements for renewal of an operator’s certificate in accordance with section 100.16.6 and 100.16.7.
(d)	Minimum course duration for training unit approval is 30 minutes.
(i)	1-29 minutes = 0 training units
(ii)	30-45 minutes = 0.05 training units
(iii)	46-60 minutes = 0.1 training units
(e)	An operator who has taken a course not approved by the Board or its contractor, such as a course taken in another state, may submit information about the course and pay the applicable fee. If the course is approved the operator may use the course to satisfy training unit requirements. The course approval will only apply to the operator who made the application.
100.16.10	Training units shall be awarded to certified operators for teaching a classroom course that has been approved by the Board or its contractor. The training units awarded shall be double the training units approved for the course. If a course is given multiple times in a given year under a single course approval number, double training units will be given the first time the course is taught, and no additional training units will be granted for repeat presentations of the same course with the same course approval number.
100.16.11	Institutions, seminar presenters, and others may seek approval of their training or educational courses or programs by application to the Board or its contractor. Such an application must demonstrate that their proposed material, curricula, contact hour equivalency, and facilities meet the criteria established in section 100.16.9.
100.17	FEES
100.17.1	Application and administration fees
(a)	Application and administration fees shall be nonrefundable.
(b)	Fees shall be collected at the time the application is submitted.
(c)	The fees are:
(i)	$50 for each application for certificate by examination.
(ii)	$85 for each application for certificate by reciprocity.
(iii)	$85 for each application for certificate renewal. 
100.17.2	Exam fees
(a)	Exam fees shall be collected by the exam administrator.
(b)	The exam fee is $100 for each exam.
100.17.3	Late fees
(a)	There shall be a $50.00 late fee, for renewal applications submitted after the expiration date of the certificate being renewed.
(b)	The late fee will be collected at the time the application is submitted along with the application and administration fees.
100.17.4	Fees for providers requesting training unit course approval
(a)	Training unit course approval fees shall be as follows:
(i)	$25 for an application made by an operator who attended a course not approved for training units. 
(ii)	$50 for individual courses or one-day events.
(iii)	$50 for all courses given as part of an event, i.e., a conference, seminar or workshop lasting multiple days.
(iv)	$50 for a batch of up to 10 courses, classroom style or web-based, from a single provider.
(v)	Accredited or equivalent educational institutions as referenced in subsection 100.14.6(b) shall not be required to submit courses for review in order for such courses to be used to satisfy training unit requirements; if such institutions choose to submit courses for review, the applicable fee will apply and the courses will be posted along with other approved courses.
100.18	RESTRICTED WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS CERTIFICATES
Existing operators of water distribution or wastewater collection systems as of January 30, 2001, whose responsibility includes making process control and/or system integrity decisions about water quality or quantity that may affect the public health or environment, may continue to operate the specific system in which they are currently employed so long as the following requirements are satisfied:
(a)	The operator shall not operate any other system until he or she meets the initial certification requirements for that system and obtains a certificate appropriate for that system.
(b)	This provision is non-transferable, applies only to the specific system and operator and does not authorize operation of the system by any other operator.
(c)	If the classification of a facility changes to a higher level, this provision expires, and is no longer valid.
(d)	Any operator authorized to continue operation under this provision who chooses to work for a different facility must meet all the initial certification requirements for that facility.
100.19 - 29	RESERVED
. . . .
100.56	STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE: NOVEMBER 27, 2018 RULEMAKING; EFFECTIVE MARCH 1, 2019
Provisions of section 25-9-104, C.R.S. provide the specific statutory authority for the adoption amendments to the established regulatory provisions of Regulation 100 governing the requirements for water and wastewater facility operators (5 CCR 1003-2). The Board hereby adopts, in compliance with section 24-4-103(4), C.R.S., the following statement of basis and purpose.
BASIS AND PURPOSE
The board held a rulemaking hearing on November 27, 2018 and determined to revise section 100.16.2(b) to establish that the examination fee for both paper and electronic exams will be $100. Fees for paper exams had been $35 less than fees for electronic exams. In this rulemaking the board, in effect, raised the fee for paper exams to ensure a consistent rate for all test-takers. In September 2018, the board adopted revisions requiring all examinations to be administered electronically unless special arrangements were made. To ensure there is no financial incentive for applicants to request paper exams, the board decided to remove the distinction between paper and electronic exams. The board is sensitive to exam cost concerns and will consider adjusting exam costs in the future based on the financial status of the program.
100.57 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE; NOVEMBER 27, 2018 RULEMAKING; EFFECTIVE MARCH 1, 2019
Provisions of section 25-9-104, C.R.S., provide the specific statutory authority for the adoption of these amendments to the established regulatory provisions of Regulation 100 governing the requirements for water and wastewater facility operators (5 CCR 1003-2). The Board hereby adopts, in compliance with section 24-4-103(4), C.R.S., the following statement of basis and purpose.
BASIS AND PURPOSE
The Board held a rulemaking hearing on November 27, 2018. After receiving testimony from the Division and members of the public, the Board determined that it was necessary to revise Regulation 100 as follows:
The Board adopted updates to the facility classification sections to provide clarity to the facility classification process, better align the classifications with operator certification testing, and update the facility classification sections to include currently accepted technologies. The Board’s intent was not to change all facility classifications. In Colorado, there are over 2,000 public water systems, over 400 domestic wastewater facilities, and over 200 industrial facilities. The Board expects many facility classifications to be unchanged by the updates. The Board understands that the classification of some facilities will change. The Board specifically included a delayed effective date for any facility classification changes to existing facilities to assist with compliance. The Board also included provisions for a site-specific certified operator in responsible charge for some situations to provide additional time to assist with compliance. 
As noted below, the Board added section 100.6 to include reclaimed water treatment and distribution systems. The existing sections 100.6 and greater were shifted to sections 100.7 and greater. Cross references to these later sections were modified to the new section numbering.
The purpose of the facility classification updates is explained in more detail below.
Reasons for Facility Classification Updates 
The Board observed that there were increasing number of situations where the use of the classification sections to classify a facility was ambiguous, leading to possible different interpretations, and requiring Board involvement for what should be regular decisions by Division staff based on the regulation. The classification sections date from generally 20 years or more in the past and do not include many technologies that have been developed and used in facilities since that time. The Board also observed portions of the facility classification sections did not align with the testing criteria for the operator certification tests. Alignment of the operator certification testing and the facility classifications is important since the Board and the Division rely on the existing and future certified operator in responsible charge of a facility to have the level of understanding to responsibly operate the facility. Regarding the distribution and collection sections, in the year 2000 the Board stated that it intended that the Division would include complexities in classification, but the regulation language is unclear regarding how to include the noted complexities and the Board intended that the complexities be clarified in the future. 
Determination of Classifications 
The Board updated the classification sections based on best professional judgment of the stakeholder and Division recommendations considering the 2017 Need-to-Know Criteria developed by the Association of Boards of Certification (ABC), the organization responsible for the certification tests being used by Colorado, and minimum experience requirements for the operator certification levels. The Need-to-Know Criteria identify several types of knowledge that support job tasks associated with the particular certification with similar levels of test questions. The types of knowledge are rated at one of three levels to represent the extent of knowledge needed to perform the job tasks assigned to each content area in the criteria. The three levels are: 1) basic – a fundamental or lower level of knowledge, 2) intermediate – ability to understand and discuss the application and implications of changes to processes, and 3) advanced – very high level of knowledge/expertise and functioning at an expert level. Within the testing, the testing for particular content areas may only be at the basic level for lower levels of certification. When content areas are significant for a particular technology, the testing needs to be at the intermediate or advanced level. The classifications adopted by the Board also recognize the experience requirements associated with initially receiving a particular operator certification level. Some classifications were adjusted to align with the intermediate/advanced test questions and operator experience requirements. 
Although the Board included many technologies in the classification sections, the lists may not include every technology encountered in the future. In those situations, the list of technologies included in the facility classification sections are representative and the Board directs the Division to categorize other technologies consistent with the updated lists and classify facilities based on the similar technologies.
Optional Technologies 
The Board determined that optional technologies installed at a facility are included in this important responsibility of the certified operator in responsible charge and must be included in the facility classification. Some stakeholders had expected that optional technologies installed at a facility, but not required for compliance, should not be considered for facility classification. This concern is an issue when the optional technology is more complicated than the other technologies in use at the facility and the facility classification would be lower if the optional technology is ignored during classification. When a technology is installed and could be used, the certified operator in responsible charge still needs to understand how to properly operate the technology and what interactions and potential impacts the optional technology can have on the other treatment technologies in use at the facility. A long-time requirement of Regulation 100 is for the certified operator in responsible charge to be certified at a level representing their ability to fulfill their responsibility for process control and/or facility integrity decisions about water quality or quantity or wastewater effluent quality or quantity that may affect public health or the environment. 
Implementation of Updated Classifications 
The Board, the workgroups, and the Division were aware the implementation of updated classifications will be a significant effort and that some certified operators in responsible charge may need to acquire a higher level certification. Therefore, the Board included a split schedule with an immediate effective date for new or substantially modified facilities and a two-year deferred effective date for existing facilities that are not being substantially modified. The extended period for existing facilities that are not being substantially modified will give the facilities and the Division time to develop methods for classifying, reporting, and confirmation and give certified operators in responsible charge time to acquire a higher level operator certification, if needed. 
Site-Specific Certified Operator in Responsible Charge 
The Board recognized that for some operators not located near teaching or testing resources, it can be difficult to get testing. Therefore, the Board added the ability for facility owners to request approval of a site-specific certified operator in responsible charge to give additional time to meet the operator requirements related to an updated facility classification for facilities that will not be substantially modified and are in three types of scenarios: 1) the facility classification level will increase two or more levels (added three years for a total five years to implement), 2) the certified operator in responsible charge has been in that role for that facility for 5 or more years (added three years for a total five years to implement), and 3) the certified operator in responsible charge has been in that role for that facility for 15 or more years (added 8 years for a total 10 years to implement). See discussion for section 100.10 for more detail.
Automatic Exemptions, Section 100.1.5
In this rulemaking, the Board clarified automatic exemptions in section 100.1.5. Some public water systems are contained in a single building such that a separate distribution classification and operator are not needed. There are limited situations where there may be some water system piping outside the building, but a distribution system classification and operator is still not needed, such as between the treatment building and the single building or associated with an irrigation system protected by an approved backflow prevention assembly. The Board updated the water distribution system exemptions to clarify the situations where the distribution classification and operator are not required. The Board added four automatic exemptions. Two of the added exemptions clarify situations that are not part of the collection system definition, such as collection systems on the property of the owner of the domestic wastewater treatment facility and service lines from a building to the collection system. With the increased focus in society on the use of non-potable water, the Board added two more exemptions for non-potable water lines at a domestic wastewater treatment facility or reclaimed water treatment facility, and one for an industrial wastewater treatment facility, similar to the concept in the collection system definition of excluding the collection pipe system on the property of the treatment facility. The Board also clarified in section 100.1.6 that requests for discretionary exemptions be submitted to the Division for evaluation. 
Materials Incorporated by Reference, Section 100.1.8
The Board added Section 100.1.8 Materials Incorporated by Reference to comply with the statutory requirements in the Administrative Procedures Act, 24-4-103(12.5), C.R.S.
Definitions, Section 100.2. 
The Board clarified and added definitions in section 100.2. 
For the definition of “plant design flow,” Regulation 100 previously included two terms for the same definition, depending on whether the context was referring to a drinking water treatment facility or a wastewater treatment facility. The definition for drinking water treatment was a flow rate and the definition for wastewater treatment was a daily flow capacity. The Board acknowledges the two terms were often confused by using one term to mean two different concepts within different sections of the regulation. The Board deleted the definition of “plant design flow” and created two separate definitions in its place. The new definitions are “plant design flow rate” for drinking water treatment and “plant design hydraulic capacity” for wastewater treatment. In addition, the updated facility classification sections include units of gallons per minute (gpm) for drinking water treatment and millions of gallons per day (MGD) for wastewater treatment, to further separate the concepts for the two definitions. These modifications do not change the long-term intent of the Board, but add clarity for users of Regulation 100. 
The Board added definitions for “reclaimed water distribution system” and “reclaimed water treatment facility.” In Colorado, there is an increased focus on the use of non-potable water derived from treated domestic wastewater, which is referred to as “reclaimed water” in water quality terms. The Board did not create a separate certification for reclaimed water. Instead, the Board included a classification section for reclaimed water that refers to existing classifications for domestic wastewater treatment, in some instances drinking water treatment, and drinking water distribution. The Board added definitions for “reclaimed water distribution system” and “reclaimed water treatment facility” to support the updated classification sections.
The Board added a definition for “significant industrial user,” a term associated with pretreatment programs. The term is used in classifying collection systems as multiple significant industrial users can increase the complexity of operation and maintenance of a collection system. 
The Board also adopted a definition for “site-specific certified operator in responsible charge,” which is a term for a certified operator in responsible charge that the Division approves to be certified at a level less than the classification of the facility he or she is operating, for a specified limited period of time, provided specific conditions are met. The Board adopted this type of designation to provide some additional time to assist owners and operators in responding to facility classification changes for specific situations. See further discussion under section 100.10 below. 
Water Treatment Facility Classification, Section 100.4.
The Board updated the content and format of the drinking water treatment facility classification section 100.4. In 100.4.2, the Board established two classification subsections. The first subsection, part (a), includes classifications that are immediately applicable to new or substantially modified facilities, and will be applicable to existing facilities not undergoing substantial modifications after the two year implementation period. The second subsection, part (b), includes the current classification sections that are applicable to the existing facilities not undergoing substantial modifications during the two year implementation period.
The Board also modified the descriptions of the classification basis for drinking water treatment from descriptions that were more similar to drinking water regulations to a format listing treatment technologies and is more similar to the other classification sections. Each treatment technology is grouped under the headings of filtration, disinfection, and other treatment, although a technology might be used for different purposes than the heading. 
In addition to modifying the technologies list, the Board clarified the plant design flow for drinking water treatment facilities. For drinking water systems, plant design flow rate means the approved maximum flow rate of the facility (instantaneous flow). The Board also adopted units for plant design flow rates for drinking water treatment facilities as gallons per minute. The plant design flow rate (gpm) heading in the classification table clarifies the flow rate within the table itself. The modifications should alleviate the confusion that surrounds which value to use in assessing a facility’s appropriate classification. The Board also adopted new capacities for grouping classifications based on the recommendation of the stakeholder workgroup of operators. 
The facility classification tables include specific classifications (i.e., letters D, C, B, A) assigned to treatment technologies based, in part, on the 2017 Need to Know Criteria published by the Association of Boards of Certification (ABC). The Board adopted a minimum facility classification level of C for drinking water facilities conducting surface water treatment, including sources that are groundwater under direct influence of surface water (GWUDI). This classification will change classification for systems with surface water treatment facilities that have bag or cartridge treatment that are currently have a D classification. The C classification was selected because the D level operator certification testing does not adequately cover the concepts for drinking water treatment of a surface water source. The D level operator certification covers simple chlorination of groundwater. It does not adequately cover the following topics: the importance of properly and continuously operating multiple barriers, log-inactivation of Giardia, or maintaining disinfection contact time levels given differing water quality conditions like changing temperature, pH, and alkalinity. 
The Board also found that proficiency levels, as evidenced by the minimum experience required to initially qualify to test for a certification level, were necessary for each classification level in addition to passing the certification test for each level since certain types of technologies and larger systems require a more experienced operator. 
During the stakeholder review of the workgroup proposals, some of the classification levels for various technologies (e.g. membranes) were questioned by stakeholders, including at higher flow rates. The workgroup met again to review and discuss the classification levels and decided that the proficiency levels necessary with each classification level, there is the minimum experience period required to initially qualify for a certification level in addition to passing the certification test. The workgroup wanted to remind the stakeholder community that experience cannot be ignored when setting minimum classification levels and higher flows necessitate a certain amount of experience in many cases. The Board concurred with this perspective of the workgroup. 
Domestic Wastewater Treatment Facility Classification, Section 100.5.
The Board updated the content and format of the domestic wastewater treatment facility classification section 100.5. In 100.5.2, the Board established two classification subsections. The first subsection, part (a), includes classifications that are immediately applicable to new or substantially modified facilities, and will be applicable to existing facilities not undergoing substantial modifications after the two year implementation period. The second subsection, part (b), includes the current classification sections that are applicable to the existing facilities not undergoing substantial modifications during the two year implementation period. The Board also moved the category D non-single family, indoor toilet and urinal flushing graywater treatment facilities to the new reclaimed water section of the regulation. 
All but one row of the existing domestic wastewater treatment technologies were focused on secondary treatment (i.e., removal of total suspended solids and organic material as represented by biological oxygen demand or BOD tests). Since the tables were originally developed more than 20 years ago, the constituents being removed in treatment have increased (e.g., nutrients) and the effluent limits for constituents have decreased to low levels that necessitate advanced levels of wastewater treatment. To meet these more stringent treatment needs, newer technologies and combinations of technologies have been developed. Therefore, the Board adopted a format with a significantly longer listing of treatment technologies, grouped under headings representing the anticipated purpose of the technology including: preliminary, primary, secondary, and advanced treatment and the added purposes of: disinfection/inactivation, dechlorination, chemical addition, effluent discharge type, and solids handling. 
In addition to adding technologies, the Board clarified the plant design flow for domestic wastewater treatment facilities. Although the design flow for drinking water systems means the approved maximum flow rate of the facility (instantaneous flow), the design flow for wastewater facilities means the design hydraulic capacity of the facility as a volume discharged in 24 hours. The Board created the definition “plant design hydraulic capacity” for wastewater treatment facilities and retained the units of million gallons per day. The plant design hydraulic capacity (MGD) heading in the classification table clarifies the hydraulic flow capacity within the table itself.  
With the large number of wastewater technologies added, the Board chose not to modify the capacities for grouping classifications. The facility classification tables include specific classifications (i.e., letters D, C, B, A) assigned to treatment technologies based, in part, on the 2017 Need to Know Criteria published by the Association of Boards of Certification (ABC). The Board also found that proficiency levels, as evidenced by the minimum experience required to initially qualify to test for a certification level, were necessary for each classification level in addition to passing the certification test for each level since certain types of technologies and larger systems require a more experienced operator. The technology rows for the secondary treatment technologies in the existing regulation are the same in the updated classifications with one exception for the advanced treatment technologies. In the current classifications, the classification of a facility with treatment beyond secondary treatment moves to the level A classification above 4 MGD. In the updated classifications, the classification of a facility with treatment beyond secondary treatment moves to the level A classification above 1 MGD. The Board determined that the technologies represented by advanced treatments warranted an advanced/expert level of both testing and the minimum experience period required to initially qualify for a certification level at the size of a “major” facility, represented at the 1 MGD capacity in wastewater permitting. 
The Board also determined that various methods of discharge, including increased uses of reclaimed wastewater, should be included in the classification of the treatment facilities based on possible risks and included a component to assess effluent discharge type during facility classification. When the effluent is being used as reclaimed water for outdoor uses, treatment beyond secondary limits (i.e., organic matter and total suspended solids) is required. As noted above, in the ABC 2017 Need to Know Criteria, the content questions are predominantly basic questions at the level C operator certification test and become intermediate questions at the level B operator certification test and advanced/expert questions at the level A operator certification test. The classification system follows this need for level B classification for advanced technologies beyond secondary treatment. When the effluent is being used as reclaimed water with indoor uses, it is expected that drinking water type technologies will be used to produce high quality reclaimed water. In this instance, the dual classification of wastewater treatment and drinking water treatment is indicated. As noted in the new reclaimed water section 100.6, there are situations where a reclaimed water treatment facility does not receive raw sewage, but receives treated effluent from a domestic wastewater treatment facility and could be classified as a drinking water treatment facility. If the separate reclaimed water treatment facility is classified as a drinking water treatment facility, the facility does not need the dual classification as wastewater treatment. 
The Board determined that the proficiency levels necessary for complicated technologies and high risk situations should recognize the minimum experience period required to initially qualify for a certification level in addition to passing the certification test. Although some technologies used in both drinking water and wastewater treatment are classified differently, the testing content for drinking water treatment and wastewater treatment are different at different certification levels based on the 2017 Need to Know Criteria. 
As the effluent parameters and treatment levels change over time, different technologies are being used at domestic wastewater treatment facilities. Some technologies are considered industrial technologies, for which it would be appropriate to have an industrial classification and be operated by an operator with an industrial operator certification. The updated facility classification table identifies these technologies in a row indicating those technologies require an industrial operator. Ideally, the certified operator in responsible charge for the domestic wastewater treatment facility with one of these technologies will have both the domestic wastewater treatment operator certification and also the industrial operator certification. There could be a situation at a facility where the certified operator in responsible charge for the facility has the domestic wastewater treatment certification, but may not have the industrial operator certification. At this time, there do not appear to be many domestic facilities with these industrial technologies. If a domestic facility has one of the industrial technologies and the certified operator in responsible charge for the facility has the domestic wastewater treatment certification but does not have the industrial operator certification, the Board anticipates an operator with the industrial operator certification will be available to and reporting to the certified operator in responsible charge for the facility who has the domestic wastewater treatment certification. The Board encourages the certified operator in responsible charge in a domestic wastewater treatment facility with an industrial technology to pursue and acquire the industrial operator certification. Although the addition to the updated classification table appears to create the situation, the situation could exist with the current classification and the update brings clarity to identifying what technologies are expected to be included under the domestic wastewater classification and operator, and which also require an industrial operator. 
Reclaimed Water and Graywater Treatment Facility and Distribution System Classification, Section 100.6.
The Board added a new section 100.6 to clarify classification of facilities for reclaimed water distribution and reclaimed water treatment. The Board also moved the category D non-single family, indoor toilet and urinal flushing graywater treatment facilities to the new reclaimed water section of the regulation. Reclaimed water facilities, a subset of domestic wastewater treatment works, have been classified previously, but there was confusion regarding classification since Regulation 100 did not mention them clearly. In Colorado, there is an increased focus on the use of non-potable water derived from treated domestic wastewater, which is referred to as “reclaimed water” in water quality terms. The Board did not create a separate operator certification for reclaimed water. Instead, the Board included a facility classification section for reclaimed water that refers to existing facility classifications for domestic wastewater treatment, in some instances drinking water treatment, and drinking water distribution. Most reclaimed water treatment facilities are located at the wastewater treatment facility where sewage is received and treated and would be classified as a wastewater treatment facility. Some reclaimed water treatment facilities receive treated effluent from a wastewater treatment facility and treat the reclaimed water in a separate treatment facility with technologies that are similar to drinking water treatment technologies. For these facilities, the Board included an option for a reclaimed water treatment facility to be classified as a drinking water treatment facility allowing operation by a certified operator in responsible charge with a certification as a drinking water treatment operator. The Board anticipates that operator experience accrued at a reclaimed water treatment facility will align with the classification of the facility – wastewater experience if the facility is classified as a wastewater facility and drinking water experience if facility is classified as a drinking water facility. 
Reclaimed water distribution systems will have pressurized pipe carrying highly treated water, having multiple tap connections, with concern regarding preserving water quality and preventing cross connections. Each of these factors is much more similar to drinking water distribution systems than wastewater collection systems. The Board did note create a separate operator certification for reclaimed water. Instead, the Board adopted the approach for reclaimed water distribution systems to be classified using the water distribution section and to be operated by a certified operator in responsible charge having an appropriate drinking water distribution certificate. Although the new section references the drinking water distribution system, a daily flow capacity has been included to substitute for population in step 1 of the distribution classification section. The complexities in step 2 of the drinking water distribution system classification section will also apply to the reclaimed water distribution system classification. 
Industrial Wastewater Treatment Facility Classification, Section 100.7.
The Board updated the content and format of the industrial wastewater treatment facility classification section 100.7 (formerly section 100.6). In 100.7.2, the Board established two classification subsections. The first subsection, part (a), includes classifications that are immediately applicable to new or substantially modified facilities, and will be applicable to existing facilities not undergoing substantial modifications after the two year implementation period. The second subsection, part (b), includes the current classification sections that are applicable to the existing facilities not undergoing substantial modifications during the two year implementation period. The section format is similar to the existing section with more technologies added to the tables at the various classification levels. Since the technology list was developed 20-30 years ago, there have been more technologies developed. In recent years, the oil and gas industry has implemented a number of technologies, new and old, that were not included in the existing table. A few industrial wastewater treatment technologies, such as chemical conversion oxidation/reduction reactions, can be a single step reaction, such as iron oxidation, or more complex multiple step conversion, such as cyanide destruction or hexavalent chromium reduction. The Board listed the technology in the classifications based on the complexity of the treatment. 
As noted in section 100.36, in January 2002 the Board created the level D industrial wastewater treatment classification finding that some facilities process wastewater without chemical addition, without biological or mechanical processes, and normally require only the monitoring of otherwise passive physical processes. The Board established the level D industrial wastewater treatment classification shall consist of facilities whose wastewater handling is purely physical and is without routine chemical addition, biological treatment, or complex mechanical manipulation. The updated facility classification section maintains the distinction and clarifies that technologies without chemical addition may be a level D classification while the technology would require a higher level classification if chemical addition is included. 
The Board clarified the automatic exemptions to include treated industrial wastewater recycled for industrial processes. With the future potential for some industrial treatment facilities to perhaps choose to use treated industrial wastewater for indoor uses other than industrial uses, the classification section was updated to include a provision similar to the reclaimed water section when the effluent is discharged into plumbing for indoor, non-process, domestic water uses. In this situation, a drinking water classification and operator would be needed (e.g., dual classification requiring drinking water certification as well as industrial wastewater certification) for indoor domestic uses. Whether a situation is exempt or requires dual classification will depend on ultimate use of water from the industrial treatment facility. 
One stakeholder requested the ability for a domestic wastewater operator certification to substitute for compliance with an industrial wastewater classification at an industrial treatment facility with only biological methods in use to treat organic and inorganic constituents. Since this is expected to be limited to a few situations, the updated classification section does not reference substituting a domestic wastewater operator certification for this situation, but the situation could be addressed by an individual facility’s request to the Board. 
Water Distribution System Classification, Section 100.8.
Wastewater Collection System Classification, Section 100.9,
The Board updated the content and format of the water distribution and wastewater collection facility classification sections 100.8 and 100.9 (formerly sections 100.7 and 100.8). In sections 100.8 and 100.9, the Board established two classification subsections. The first subsection, part (a), includes classifications that are immediately applicable to new or substantially modified facilities, and will be applicable to existing facilities not undergoing substantial modifications after the two year implementation period. The second subsection, part (b), includes the current classification sections that are applicable to the existing facilities not undergoing substantial modifications during the two year implementation period.
The Board adopted a two-step classification section for water distribution and wastewater collection. Step 1 is a classification determination based on population served. Step 2 includes an increase in the classification level, if the water distribution or wastewater collection system contains one or more of the complexities included in the updated classification section. The Step 2 complexity evaluation is not necessary for water distribution and wastewater collection systems serving a population greater than 25,000 people. The Step 2 complexity evaluation can increase, but not decrease a classification. A classification based on population in Step 1 would not be reduced based on a complexity in Step 2. 
This approach is consistent with the Board’s intentions when it originally adopted the distribution and collection system classifications. As noted in section 100.30, in November 2000 the Board chose to initially classify water distribution systems and wastewater collection systems based on population, which the Board believed serves as an adequate surrogate for general representations of complexity. Additionally, the Board provided that the Division can change the classification of any particular facility based on complexity factors. In practice, the complexity factors in the regulation could be subjective and were rarely used by the Division. The Board intended to revisit its initial classification scheme for water distribution and wastewater collection systems in a future rulemaking to include adoption of a classification system that will more accurately reflect the complexities and differences between the various types of distribution and collection systems. The distribution and collection workgroups evaluated the issue of complexities in distribution and collection systems from several perspectives including: 1) the complexity factors in the existing classification section, 2) potential complexity concerns not represented by population surrogate, and 3) the 2017 Need to Know Criteria published by the Association of Boards of Certification (ABC), to assess the level of operator certification to be certified operator in responsible charge of a facility with a particular complexity. 
Specific complexities in drinking water distribution systems include number of pressure zones, number of entry points, type of chlorine residual in use, and presence of booster chlorine stations within a distribution system. Generally, the different complexities contribute greatly to the complexity of a water distribution system and the expertise required to consistently operate it. With such complexities, the numbers of cascading effects can grow exponentially for changing conditions.  This cascade effect therefore requires the higher level of experience and certification. 
Specific complexities in wastewater collection systems include a collection system having multiple medium size lift stations or at least one larger lift station. In the ABC 2017 Need to Know Criteria, the level of questions for the bulk of the lift station content areas and the sanitary sewer overflows are basic questions at level 1 operator certification test, include some more intermediate questions at the level 2 operator certification test, all intermediate questions at the level 3 operator certification test, with advanced questions becoming introduced at the level 4 operator certification test. The risk of sanitary sewer overflows increase with multiple lift stations and large lift stations and the higher testing and experience requirements for level 2 and 3 operator certifications represent the greater experience needed in these cases. Complexities in wastewater collection systems were also included for a collection system having multiple significant industrial users associated with a pretreatment program for the domestic wastewater treatment facility. Although the pretreatment program can be staffed by treatment operators at the treatment facility, the significant industrial users discharge non-domestic wastewater into the collection system and collection operators need to understand chemistry and other concerns associated with having multiple significant industrial users in a collection system. In the ABC 2017 Need to Know Criteria, the level of questions for chemistry, contaminants, corrosion control, etc. are basic questions at level 1 and 2 operator certification tests, include intermediate questions at the level 3 operator certification test, with advanced questions becoming introduced at the level 4 operator certification test. Higher testing and experience requirements for level 2 and 3 operator certifications represent the greater experience needed when multiple significant industrial users are present in the collection area. 
Wastewater collection systems serving multiple properties and conveying the wastewater on to another sanitation district for treatment are satellite collection systems. Satellite collection systems are required to have a certified operator in responsible charge. This includes large mobile home parks where the homes are located on individually owned property lots. There has been confusion regarding when a collection system serving multiple buildings on a property having a single owner needed a certified operator in responsible charge for the collection system. A service line for an individual property is exempt, and it is reasonable for a similar service line for a few buildings to be exempt. As a collection system increases, it becomes reasonable for a private collection system to have a certified operator in responsible charge to adequately maintain and clean the collection system. To bring clarity to this situation, the Board adopted provisions identifying when a private satellite collection system is to be classified and expected to operate under the supervision of a certified operator in responsible charge, including both collection system pipe and possible lift stations.
Responsibilities and Duties of Water and Wastewater Facility Owners, Section 100.10.
The Board added a new portion to section 100.10 (formerly section 100.9) to allow for site-specific certified operator in responsible charge for some situations to assist owners and operators in responding to facility classification changes for specific situations. As noted above, the Board included an extended two-year deferred period before an effective date for existing facilities that are not being substantially modified to give the facilities time to understand the updated facility classification and time for the certified operator in responsible charge time to acquire a higher level operator certification, if needed. The Board determined that most operators will not need to change certifications or will be able to acquire the higher certification during the two year period. The Board recognized that for some operators not located near teaching or testing resources, it can be difficult to get testing. Under the allowance, a certified operator in responsible charge could be certified at a level less than the classification of the facility he or she is operating, for a specified limited period of time, provided specific conditions are met. Therefore, the Board added the ability for facility owners to request allowance for a site-specific certified operator in responsible charge to give additional time to meet the operator requirements related to an updated facility classification for facilities that will not substantially modify the facilities and are in three types of scenarios including: 1) the facility classification level will increase two or more levels (added three years for a total five years to implement); 2) the certified operator in responsible charge has been in that role for that facility for 5 or more years (added three years for a total five years to implement); and 3) the certified operator in responsible charge has been in that role for that facility for 15 or more years (added 8 years for a total 10 years to implement). Since the Regulation 100 certified operator in responsible charge requirements do not apply to other operators, the site-specific certified operator in responsible charge also does not apply to other operators at a facility.
The additional deferred periods for site-specific certified operators in responsible charge are based on several significant principles to maintain the integrity of the operator certification program. A facility will be properly classified in accordance with the facility classification sections. An operator will be certified based on the experience requirements and testing. During the transition, approval as a site-specific certified operator in responsible charge will provide time to allow the existing certified operator in responsible charge to get a higher certification, if needed based on the updated facility classification. During the additional period allowed to comply, the operators must maintain the on-going training required to renew the existing operator certification. If a higher level of certification is needed, the operators are expected to be studying and testing to acquire a higher level certification during the compliance period. The allowance for a site-specific certified operator in responsible charge is applicable to the current certified operator in responsible charge and does not apply to any other operator at or coming to the facility. The allowance for a site-specific certified operator in responsible charge does not apply to contract operators for a facility because contractors should be able to achieve higher levels of certification and are not subject to the same delays as fixed, rural communities. Any certified operator in responsible charge moving to a different facility must meet all the certification requirements for that facility. The allowances for a site-specific certified operator in responsible charge are not permanent. Although some stakeholders asked for permanent allowances for all existing operators at all existing systems, such a request is not compatible with U.S. Environmental Protection Agency requirements for operator certification programs.