1. (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:

   1. (a) Discharges of limited duration;
   2. (b) The sensitivity of the receiving waters;
   3. (c) The level of toxic pollutants in the discharge; and
   4. (d) 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.

2. (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:

   1. (a) The classification of the facility as public or nonpublic under the Colorado primary drinking water regulation;
   2. (b) The applicability of the Colorado primary drinking water regulation to the facility or class of facilities; and
   3. (c) 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.