To: Board of Health
Through: Jennifer Ludwig, Public Health Director, Arapahoe County Public Health
Prepared By:
prepared
Steven Chevalier, Environmental Health Manager (Early Childhood and Environmental Protection Programs), Public Health
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presenter
Presenters: Diana Rashash, Sr. Water Quality Specialist; Steven Chevalier, Environmental Health Manager (Early Childhood and Environmental Protection Programs), Public Health
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Subject:
title
Introduction to State Regulation 86 for Graywater and HB 24-1362
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Purpose and Request:
recommended action
The purpose of this briefing is to provide an overview of State Regulation 86 on graywater use and House Bill 24-1362, which shifts graywater regulation to an "opt-out" model, effective January 1, 2026. Arapahoe County Public Health (ACPH) seeks the Board of Health’s recommendation to the Board of County Commissioners on whether to prohibit or allow specific categories of graywater use within the county. The Board of County Commissioners will be provided with the Board of Health recommendation during the study session, scheduled June 10, 2025.
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Background and Discussion:Click or tap here to enter text.
Graywater is wastewater generated from bathroom sinks, bathtubs, showers, and laundry machines that can be reused for purposes such as toilet flushing and subsurface irrigation. Regulation 86 establishes standards for graywater use, while HB 24-1362 shifts regulatory authority to counties and municipalities, requiring them to "opt out" if they do not wish to allow graywater systems.
A survey conducted by ACPH of local water districts, municipalities, and developers highlighted significant concerns regarding graywater reuse, including:
• Risks of cross-connections with potable water systems
• Complex operational and maintenance requirements
• Oversight and enforcement challenges
• Potential conflicts with water rights regulations
Survey responses showed that a majority of stakeholders either opposed graywater reuse or had strong reservations about its implementation. Additionally, local jurisdictions with existing graywater programs reported minimal adoption and instances of system removals due to homeowner dissatisfaction.
Arapahoe County Building Department oversees all internal plumbing aspects of graywater systems. To date, there has been no record of installation of a graywater system in unincorporated Arapahoe County.
Fiscal Impact: The potential implementation of graywater systems under HB 24-1362 could impose sizeable fiscal impacts on the County with the potential for little return on investment based on demand. Two primary cost centers have been identified: first, the significant staff time required for developing and refining graywater related regulations, training activities, and standard operating procedures; and second, the expense involved in updating the Health Space system used by ACPH for inspections and permitting. Specifically, this latter expense includes the costs of developing a new module or substantially overhauling the existing OWTS functionality, as well as the staff time necessary for collaborating with the Health Space software vendor, testing, and system integration, along with the annual fee assessed by Health Space for service and maintence of the module in the software. Although anticipated public uptake of graywater systems appears minimal, preliminary assessments suggest that a robust management framework may necessitate an additional 1-3 full-time equivalents (FTE) dedicated to program education, permitting, and inspections. Moreover, these estimates are subject to change pending further dialogue with counties and municipalities currently managing graywater initiatives and depending on whether local governments opt out of graywater use.
Staff Recommendation: Staff recommends the prohibition of graywater systems that discharge externally from a home or building. Improperly managed graywater systems may lead to cross-contamination, creating public health hazards. Additionally, monitoring and maintaining graywater systems would require additional resources and enforcement measures, posing significant logistical challenges for the county. Feedback from local water districts and municipalities suggests a preference for water conservation strategies that do not involve graywater reuse, such as xeriscaping, efficient irrigation, and fixture rebates. By prohibiting external discharge graywater systems, ACPH aims to minimize public health risks and regulatory conflicts while allowing for continued exploration of sustainable water conservation measures.
Concurrence: ACPH has been working with Arapahoe County Public Works and Development Department, they concur with the staff recommendation and note that the Arapahoe County adopted plumbing code provides guidance for indoor usage (toilet and urinal flushing).
Motion(s): Click or tap here to enter text.