(1) Except as provided in subsection (2) of this section, a person may install graywater treatment works and use graywater in accordance with section 25-8-205 (1)(g) and rules adopted pursuant to section 25-8-205 (1)(g). (2) (a) A board of county commissioners or governing body of a municipality may adopt a resolution or an ordinance pursuant to section 30-11-107 (1)(kk) or 31-15-601 (1)(m): (I) Prohibiting the installation of graywater treatment works and the use of all graywater in the county or municipality; or (II) Prohibiting one or more categories of graywater use that the commission establishes in rules adopted pursuant to section 25-8-205 (1)(g). (b) A board of county commissioners or governing body of a municipality that adopts a resolution or an ordinance pursuant to subsection (2)(a) of this section shall notify the division that the board of county commissioners or governing body of a municipality prohibits the use of all graywater or prohibits certain categories of graywater use in the county or municipality. (c) A board of county commissioners or governing body of a municipality that has not prohibited the installation of graywater treatment works pursuant to subsection (2)(a)(I) of this section, prior to installation of any graywater treatment works, continues to be responsible for adopting building codes that prevent graywater from entering a potable water system and for reporting to the local water utility the planned installation of graywater systems that require backflow prevention cross-connection control devices under the commission's rules for the purpose of surveying and tracking such devices. For each location within a local government's jurisdiction at which graywater treatment works have been installed, the building department of the local government shall provide the address of the location to each water utility serving that location. (3) A board of county commissioners or governing body of a municipality that sends a notice pursuant to subsection (2)(b) of this section may subsequently adopt a resolution pursuant to section 30-11-107 (1)(kk) or an ordinance pursuant to section 31-15-601 (1)(m) to authorize the installation of graywater treatment works and the use of graywater or to authorize categories of graywater use previously prohibited. A board or governing body that subsequently authorizes the use of graywater pursuant to this subsection (3) shall promptly notify the division of the subsequent authorization. (4) Unless a board of county commissioners or governing body of a municipality adopts a resolution or an ordinance to the contrary, a person may install indoor graywater treatment works pursuant to subsection (1) of this section only in new construction projects. (5) Nothing in this section requires the public disclosure of confidential information related to water rights, water supply, or water facilities.
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