(1) The board may exempt wastewater facilities or classes of facilities from the requirement to operate under the supervision of a certified operator if the exemption does not endanger the public health or the environment. In determining whether to provide such an exemption, the board may consider the following criteria:
Discharges of limited duration;
The sensitivity of the receiving waters;
The level of toxic pollutants in the discharge; and
Situations where chemical, mechanical, or biological treatment techniques are notrequired 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.
(2) The board may exempt water facilities or classes of facilities from the requirement to operate under the supervision of a certified operator if the exemption does not endanger public health or the environment. In determining whether to provide such an exemption, the board may consider:
The classification of the facility as public or nonpublic under the Colorado primarydrinking water regulation;
The applicability of the Colorado primary drinking water regulation to the facility orclass of facilities; and
A distribution system having a minimal number of connections.
Source: L. 2013: Entire section added, (SB 13-150), ch. 391, p. 2274, § 5, effective July 1.