TC Ord. No. 26-03 Enacting Avon Municipal Code Chapter 8.22 Graywater And Graywater Treatment WorksA
Avon
COLORADO
ORDINANCE 26-03
ENACTING AVON MUNICIPAL CODE CHAPTER 8.22 GRAYWATER AND
GRAYWATER TREATMENT WORKS
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town of Avon ("Avon"), the Town Council ("Council') has the power to make
and publish ordinances necessary and proper to provide for the safety, preserve the health,
promote the prosperity, and improve the morals, order, comfort, and convenience of its
inhabitants; and
WHEREAS, pursuant to such authority, Avon has previously adopted Title 8 of the Avon
Municipal Code ("AMC"), which governs "Health and Safety" within Avon; and
WHEREAS, in 2013, House Bill 13-1044 authorized the use of graywater systems in
municipalities only when authorized locally by ordinance, but pursuant to House Bill 24-1362,
effective January 1, 2026, the collection, treatment, and use of graywater is authorized except
where prohibited locally; and
WHEREAS, "graywater" is the portion of wastewater collected from bathroom and laundry
room sinks, bathtubs, showers, and laundry machines (but excluding wastewater from toilets,
urinals, kitchen sinks, dishwashers, or nonlaundry utility sinks) in residential, commercial or
industrial buildings or institutional facilities before treatment or combination with other
wastewater to be put to beneficial uses, as defined by Regulation 86 of the Colorado Water
Quality Control Commission, Colorado Department of Public Health and Environment (5 CCR
1002-86, June 30, 2015); and
WHEREAS, Avon does not currently have regulations to govern the use of graywater; and
WHEREAS, Council finds that it is in the best interest of the health, safety, and welfare of the
Town and its residents to adopt a new Chapter 8.22 in Title 8 of the Avon Municipal Code titled
Graywater and Graywater Treatment Works to establish local regulation prohibiting the use of
graywater and the installation of graywater treatment works; and
WHEREAS, approval of this Ordinance on first reading is intended pnly to confirm that Council
desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by
setting a public hearing in order to provide the public an opportunity to present testimony and
evidence and that approval of this Ordinance on first reading does not constitute a representation
that the Council, or any member of Council, has determined to take final action on this
Ordinance prior to concluding the public hearing on second reading.
Ord 26-03 Graywater and Graywater Treatment Works
January 13, 2026
Page 1 of 4
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of Council.
Section 2. Enacting Chapter 8.22 titled Graywater and Graywater Treatment Works to read
in its entirety as follows:
"Chapter 8.22 Graywater and Graywater Treatment Works
Section 8.22.010 — Definitions. For purposes of this Chapter, the following
words, terms, and phrases shall have the following meanings:
Graywater means the portion of wastewater collected from bathroom and laundry sinks,
bathtubs, showers, and laundry machines for beneficial reuse. It excludes water from
toilets, urinals, kitchen sinks, dishwashers, and non -laundry utility sinks.
Graywater treatment works means the systems installed to collect graywater from a
building or facility that then treat, neutralize, or stabilize the graywater within the same
building or facility to the level approved for authorized use of the graywater.
Section 8.22.020 — Graywater use and installation of graywater treatment
works prohibited.
No person shall collect or use graywater. No person shall install graywater
treatment works in buildings, including but not limited to residential buildings,
commercial buildings, or facilities."
Section 3. Notice to CDPHE. Pursuant to C.R.S. § 31-15-601(l)(m)(I)(B), the Town
Manager, or the Town Manager's designee, shall provide notice of this Ordinance to the Division
of Administration within the Colorado Department of Public Health and Environment.
Section 4. Prohibition. Except for any systems permitted before the effective date of this
ordinance, the installation of graywater treatment works and the use of graywater are prohibited
within the Town.
Section 5. Repealer. All ordinances and resolutions or portions thereof inconsistent or
conflicting with this ordinance or any portion hereof, are hereby repealed to the extent of such
inconsistency.
Section 6. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
Ord 26-03 Graywater and Graywater Treatment Works
January 13, 2026
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or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 7. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 8. Safety Clause. Council hereby finds, determines and declares that this Ordinance
is promulgated under the general police power of the Town of Avon, that it is promulgated for
the health, safety and welfare of the public, and that this Ordinance is necessary for the
preservation of health and safety and for the protection of public convenience and welfare.
Council further determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
Section 9. No Existing Violation Affected. Nothing in this Ordinance shall be construed
to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 10. Codification of Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 11. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in
accordance with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
Ord 26-03 Graywater and Graywater Treatment Works
January 13, 2026
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INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on January 13, 2026 and setting such public hearing for
January 27, 2026 at the Council Chambers of the Avon Municipal Building, located at One
Hundred Mikaela Way, Avon, Colorado.
BY:
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T ra N. Underwood, Mayor
ATTEST: 0
Miguel Ja a ui Casanueva, own Cler '
cb 0`3o'ODGr
ADOPTED ON SECOND AND FINAL READING by the Avon Town Councitvl- i ary
27, 2026.
BY:
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Ta ra N. Underwood, Mayor
APPROVED AS TO FORM:
Nina P. Williams, Town Attorney
ATTEST:�FA
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Miguel Jau e i Casanue , Town Clerk,:
1
Ord 26-03 Graywater and Graywater Treatment Works
January 13, 2026
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