HOUSE BILL 971113
BY REPRESENTATIVES Sullivant, Entz, and Young;
also SENATORS Norton, Hopper, and Rupert.
CONCERNING INDIVIDUAL SEWAGE DISPOSAL SYSTEMS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Article
10 of title 25, Colorado Revised Statutes, 1989 Repl. Vol., as
amended, is amended, WITH THE RELOCATION OF PROVISIONS, to read:
ARTICLE 10
Individual Sewage Disposal Systems Act
2510101. Short title.
This article shall be known and may be cited as the "Individual
Sewage Disposal Systems Act".
2510102. Legislative declaration.
In order to preserve the environment and protect the public health
AND WATER QUALITY; to eliminate and control causes of disease,
infection, and aerosol contamination; and to reduce and control
the pollution of the air, land, and water, it is declared to be
in the public interest to establish minimum standards AND rules
and regulations
for individual sewage disposal systems in the state of Colorado
and to provide the authority for the administration and enforcement
of such minimum standards AND rules. and
regulations.
2510103. Definitions.
As used in this article, unless the context otherwise requires:
(1) "Absorption system" means
a leaching field and adjacent soils or other system for the treatment
of sewage in an individual sewage disposal system by means of
absorption into the ground.
(2) "Applicant" means any person
who submits an application for a permit for an individual sewage
disposal system.
(3) "Department" means the department
of public health and environment of the state of Colorado created
by section 251102.
(4) "Dispersal system" means
a system for the disposal of effluent, after final treatment in
an individual sewage disposal system, by a method which
THAT does not depend upon or utilize the treatment capability
of the soil.
(5) "Division" means the division
of administration of the department.
(6) "Effluent" means the liquid
waste discharge from an individual sewage disposal system.
(7) "ENVIRONMENTAL HEALTH SPECIALIST"
MEANS A PERSON WHO IS TRAINED IN PHYSICAL, BIOLOGICAL, OR SANITARY
SCIENCE TO CARRY OUT EDUCATIONAL AND INSPECTIONAL DUTIES IN THE
FIELD OF ENVIRONMENTAL HEALTH.
(8) "GUIDELINES FOR RULES" MEANS
GUIDELINES FOR INDIVIDUAL SEWAGE DISPOSAL SYSTEMS ADOPTED AND
REVISED BY THE STATE BOARD PURSUANT TO THE AUTHORITY GRANTED TO
THE STATE BOARD UNDER THIS ARTICLE.
(7) (9) "Health
officer" means the chief administrative and executive officer
of a local health department, or the appointed health officer
of the local board of health.
(8) (10) "Individual
sewage disposal system" OR "ISDS" and the term
"system" where the context so indicates mean an absorption
system of any size or flow or a system or facility for treating,
neutralizing, stabilizing, or disposing of sewage which
THAT is not a part of or connected to a sewage treatment works.
(9) (11) "Local
board of health" means any local, county, district, or regional
board of health.
(10) (12) "Local
health department" means any city, county, city and county,
district, or regional health department and may include a local
board of health OR LOCAL AGENCY DELEGATED BY A LOCAL BOARD OF
HEALTH TO OVERSEE ISDS PERMITTING AND INSPECTION OR AN ISDS PROGRAM.
(11) (13) "Percolation
test" means a subsurface soil test at the depth of a proposed
absorption system or similar component of an individual sewage
disposal system to determine the water absorption capability of
the soil, the results of which are normally expressed as the rate
at which one inch of water is absorbed.
(12) (14) "Permit"
means a permit for the construction or alteration, installation,
and use or for the repair of an individual sewage disposal system.
(13) (15) "Person"
means an individual, partnership, firm, corporation, association,
or other legal entity and also the state, any political subdivision
thereof, or other governmental entity.
(14) (16) "Registered
professional engineer" means an engineer licensed in accordance
with part 1 of article 25 of title 12, C.R.S.
(15) (17) "Sanitarian"
means a person who is trained in physical, biological, and sanitary
sciences to carry out inspectional and educational duties in the
field of environmental sanitation.
(18) "SEPTAGE" MEANS A LIQUID
OR SEMISOLID THAT INCLUDES NORMAL HOUSEHOLD WASTES, HUMAN EXCRETA,
AND ANIMAL OR VEGETABLE MATTER IN SUSPENSION OR SOLUTION GENERATED
FROM A RESIDENTIAL SEPTIC TANK SYSTEM. "SEPTAGE" MAY
INCLUDE SUCH MATERIAL ISSUED FROM A COMMERCIAL ESTABLISHMENT IF
THE COMMERCIAL ESTABLISHMENT CAN DEMONSTRATE TO THE DEPARTMENT
THAT SUCH MATERIAL MEETS THE DEFINITION FOR SEPTAGE SET FORTH
IN THIS SUBSECTION (18). "SEPTAGE" DOES NOT INCLUDE
CHEMICAL TOILET RESIDUALS.
(16) (19) "Sewage"
means a combination of liquid wastes which
THAT may include chemicals, house wastes, human excreta, animal
or vegetable matter in suspension or solution, and other solids
in suspension or solution, and which
THAT is discharged from a dwelling, building, or other establishment.
(17) (20) "Sewage
treatment works" means a system or facility for treating,
neutralizing, stabilizing, or disposing of sewage, which system
or facility has a designed capacity to receive more than two thousand
gallons of sewage per day. The term "sewage treatment works"
includes appurtenances such as interceptors, collection lines,
outfall and outlet sewers, pumping stations, and related equipment.
(18) (21) "State
board" means the state board of health created by section
251103.
(19) (22) "State
waters" means any and all surface and subsurface waters which
THAT are contained in or flow in or through this state, except
waters in sewerage systems, waters in treatment works of disposal
systems, waters in potable water distribution systems, and all
waters withdrawn for use, until all uses and treatment have been
completed.
(20) (23) "Systems
cleaner" means a person engaged in and who holds himself
OR HERSELF out as a specialist in the cleaning and pumping of
sewage disposal systems and removal of the residues deposited
in the operation thereof.
(21) (24) "Systems
contractor" means a person engaged in and who holds himself
OR HERSELF out as a specialist in the installation, renovation,
and repair of sewage disposal systems.
2510104. Regulation of
individual sewage disposal systems. (1) The
division shall develop and the state board shall adopt guidelines
for rules and regulations not later
than August 1, 1973, providing minimum
standards for the location, construction, performance, installation,
alteration, and use of individual sewage disposal systems within
the state of Colorado. THE STATE BOARD IS AUTHORIZED TO ESTABLISH
CRITERIA FOR ISSUING VARIANCES IN SUCH GUIDELINES. Such guidelines
shall comply with the provisions set forth in section 2510105,
and shall be the basis for the adoption of detailed rules and
regulations by local boards of health
pursuant to subsection (2) of this section.
(2) Every local board of health in the
state shall develop and adopt rules and
regulations for individual sewage
disposal systems within their respective areas of jurisdiction.
not later than October 1, 1973.
Such rules and regulations
shall comply with the guidelines adopted by the state board pursuant
to subsection (1) of this section and with the minimum requirements
set forth in sections 2510105 and 2510106.
Before finally adopting such rules and
regulations, or any amendment thereto,
the local board of health shall hold a public hearing on the proposed
rules and regulations,
or amendments thereto. Notice of the time and place of such hearing
shall be given at least once, at least twenty days in advance
thereof, in a newspaper of general circulation within its area
of jurisdiction. The local board of health may make changes or
revisions in the proposed rules and
regulations, or amendments thereto,
after the public hearing and prior to final adoption, and no further
public hearing shall be required regarding such changes or revisions.
All rules and regulations,
and amendments thereto shall be transmitted to the department
not later than five days after final adoption and shall become
effective fortyfive days after final adoption unless the
department has sooner notified the local board of health that
the rules and regulations,
or amendments thereto are not in compliance with sections 2510105
and 2510106.
(3) If a local board of health has not
adopted rules and regulations
in compliance with this section and submitted them to the state
board, by October 8, 1973,
the state board shall then promulgate rules and
regulations for such areas of the
state for which no complying rules and
regulations have been adopted, except
for such areas as are serviced exclusively by a sewage treatment
works. Rules and regulations
promulgated by the state board shall comply with the guidelines
and minimum requirements set forth in sections 2510105
and 2510106 and shall be the same for all the areas
of the state for which the state board promulgates such rules
and regulations
except as may be appropriate to provide for differing geologic
conditions.
(4) Rules and
regulations may be adopted by a local
board of health after action by the state board under subsection
(3) of this section, if such rules and
regulations are adopted in compliance
with the procedural requirements of subsection (2) of this section
and are no less stringent than those promulgated by the state
board. Rules and regulations
of the local board so adopted shall then become effective only
after they are transmitted to the division and are found to be
in compliance with the provisions of this subsection (4) and of
sections 2510105 and 2510106.
(5) Rules
and regulations pertaining to individual sewage treatment systems
in effect on July 1, 1973, shall remain in effect until superseded
by rules and regulations adopted pursuant to this article.
(6) Fees authorized in this article shall
be set at such amounts as are deemed necessary to cover the operation
expenses ACTUAL AND DIRECT COSTS
of the several agencies
OPERATION OF THE ISDS PROGRAM.
2510105. Minimum standards
for individual sewage disposal systems.
(1) Rules and regulations
adopted by local boards of health under section 2510104
(2) or (4) or promulgated by the department under section 2510104
(3) shall govern all aspects of the performance, location, construction,
alteration, installation, and use of individual sewage disposal
systems and shall include, as a minimum, provisions regarding
the following matters:
(a) Performance of soil percolation tests
OR OTHER SOIL EVALUATION; in at least
three test holes in the area in which the absorption field of
a proposed system is to be located. A test hole must be drilled
in each twelve hundred square foot area of the leach field, and
one test hole must be drilled to a maximum of eight feet deep
or to bedrock, and must be drilled to give a fair indication of
the soil condition. The tests shall be performed by a registered
professional engineer or a competent technician of the local health
department, unless the tests were previously performed by a registered
professional engineer and the results thereof submitted with the
application for the permit. If an application is for a system
which does not utilize a soil absorption system, but which employs
a dispersal system, the local board of health may waive the requirement
of percolation tests upon request by the applicant supported by
an adequate subsoil and bedrock report and by a showing that the
tests are not essential to the proper design of the system and
that the absence of test data involves no danger to the public
health.
(b) Methods for calculating the maximum
daily sewage flow, which shall not exceed the capacity for which
the system is designed;
(c) Design criteria, including, where
applicable, minimum capacities based on daily sewage flow, and
construction standards for septic tanks, other types of holding
or pretreatment tanks, building sewers and sewer lines, greasetraps,
distribution boxes, and serial distribution systems;
(d) Minimum distances from the various
components of a system to pertinent terrain
features, including: Streams, lakes, watercourses, springs, wells,
subsoil drains, cisterns, water lines, suction lines, gulches,
dwellings, other occupied buildings, and
property lines, GROUNDWATER, AND BEDROCK;
(e) For systems treating and disposing
of effluent through an absorption system: Methods for calculating
minimum absorption area for various types of absorption
systems INDIVIDUAL SEWAGE DISPOSAL
SYSTEMS and design criteria and construction standards for such
types of absorption
systems; as the department and the
local board of health authorize, which may include absorption
trenches, seepage beds, seepage pits, sand filter trenches, and
subsurface sand filters. Unless designed by a registered professional
engineer and approved by the local board of health, no such system
may be permitted in areas in which the soil percolation rate is
slower than one inch in sixty minutes or faster than one inch
in five minutes; in which the maximum seasonal level of the groundwater
table is less than four feet below the bottom of the proposed
absorption system; in which bedrock exists less than four feet
below the bottom of the proposed absorption system; or which has
a slope in excess of thirty percent.
(f) PROVISIONS INDICATING WHEN AN INDIVIDUAL
SEWAGE DISPOSAL SYSTEM MUST BE DESIGNED BY A REGISTERED PROFESSIONAL
ENGINEER AND APPROVED BY THE LOCAL HEALTH DEPARTMENT;
(f) (g) For
systems disposing of effluent into state waters: In cooperation
and coordination with the water quality control commission, procedures
for obtaining site location approval and discharge permits; general
design criteria; adoption of effluent standards; requirement of
design by a registered professional engineer; and mandatory review
by the local board of
health DEPARTMENT of each application for such a system;
(g) (h) For
systems disposing of effluent by discharge upon the surface of
the ground: Specific performance criteria to insure that such
surface discharge does not drain from the property on which the
system is located, except by permit from the local board of health,
and does not otherwise create a hazard to public health OR WATER
QUALITY or constitute a nuisance or undue risk of pollution; requirement
of design by a registered professional engineer; and mandatory
review by the local board of
health DEPARTMENT of each application for such a system;
(h) (i) Design
criteria and construction standards for vaults; for privies and
slit trenches, either of which may be prohibited at the option
of the local board of
health DEPARTMENT; for incineration toilets, and chemical toilets;
and for minisystems
GRAYWATER limited to disposal of waste water from sinks, lavatories,
tubs, and showers;
(i) (j) Performance
criteria and construction standards for evapotranspiration systems
which
THAT dispose of effluent into the air by evaporation from a soil
surface or transpiration of plants;
(j) (k) Performance
criteria and construction standards for systems which
THAT dispose of effluent by means of dispersal systems;
(k) (l) Performance
criteria and construction standards for systems which
THAT service commercial, business, institutional, or industrial
property or multifamily dwellings; requirement of design by a
registered professional engineer; and mandatory review by the
local board of
health DEPARTMENT of each application for such a system.
(m) IF A LOCAL BOARD OF HEALTH IS A SEPARATE
GOVERNMENTAL ENTITY FROM ANY GENERAL PURPOSE GOVERNMENT, A PROVISION:
(I) REQUIRING THE LOCAL BOARD OF HEALTH
TO NOTIFY THE LOCAL GENERAL PURPOSE GOVERNMENT RESPONSIBLE FOR
ISSUING BUILDING PERMITS WHENEVER THE LOCAL BOARD OF HEALTH INTENDS
TO APPROVE AN APPLICATION FOR AN INDIVIDUAL SEWAGE DISPOSAL SYSTEM;
AND
(II) REQUIRING THE LOCAL BOARD OF HEALTH
TO PROVIDE AN OPPORTUNITY FOR COMMENT BY SUCH LOCAL GENERAL PURPOSE
GOVERNMENT.
(2) (a) The
guidelines and regulatory provisions adopted by the state board
and by the local boards pursuant to subsection (1) of this section
shall conform to or exceed the minimum standards and criteria
set forth in the "manual of septic tank practice", United
States public health service publication no. 526, revised 1967,
where applicable. A LOCAL BOARD OF
HEALTH SHALL HAVE AUTHORITY TO GRANT VARIANCES TO ISDS RULES IN
ACCORDANCE WITH THE GUIDELINES FOR RULES ADOPTED AND REVISED BY
THE STATE BOARD PURSUANT TO THE AUTHORITY GRANTED TO THE STATE
BOARD UNDER THIS ARTICLE.
(b) APPLICANTS FOR A VARIANCE FROM THE
PROVISIONS OF ISDS RULES SHALL HAVE THE BURDEN OF SUPPLYING THE
AGENCY WITH INFORMATION DEMONSTRATING THAT CONDITIONS EXIST THAT
WARRANT THE GRANTING OF A VARIANCE.
2510106. Basic rules for
local administration. (1) Rules
and regulations
adopted by local boards of health under section 2510104
(2) or (4) or promulgated by the department under section 2510104
(3) shall govern all aspects of the application for and issuance
of permits, the inspection, testing, and supervision of installed
systems, the issuance of cease and desist orders, the maintenance
and cleaning of systems, and the disposal of waste material, and
shall, as a minimum, include provisions regarding the following
matters:
(a) Procedures by which application may
be made for the issuance of a permit for an individual sewage
disposal system. A fee not to exceed
one hundred fifty dollars may be charged by local health departments
for accepting and processing such applications. Such fee shall
be based on the average cost in the county of processing said
applications during the preceding calendar year.
The application for a permit shall be in writing and shall include
such information, data, plans, specifications, statements, and
commitments as may be required by the local board of health in
order to carry out the purposes of this article.
(b) Review of the application and inspection
of the proposed site by the local health department;
(c) Specification of mandatory tests to
be performed by the local health department OR UNDER THE SUPERVISION
OF A REGISTERED PROFESSIONAL ENGINEER, including percolation tests
unless excused or previously performed by a registered professional
engineer;
(d) Specification of additional tests
to be performed and reports to be made by the applicant and the
circumstances under which such tests or reports may be required
by the local health department;
(e) Determination on behalf of the local
health department by a sanitarian, AN ENVIRONMENTAL HEALTH SPECIALIST,
or a registered professional engineer after review of the application,
site inspection, test results, and other required information,
whether the proposed system is in compliance with the requirements
of, and the rules and regulations
adopted under, this article; and the issuance of a permit by the
health officer or his
THE HEALTH OFFICER'S designated representative if the proposed
system is determined to be in compliance with the requirements
of this article and the rules and
regulations adopted under this article;
(f) Review by the local board of health,
upon request of an applicant, of applications denied by the health
officer
DEPARTMENT;
(g) The circumstances under which ALL
applications for certain types of
systems, in addition to those specified in section 2510105
(1) (f), (1) (g), and (1) (j) and in section 2510107
(2), shall be subject to mandatory
review by the local board of
health DEPARTMENT to determine whether a permit shall issue;
(h) Final inspection of a system to be
made by the local health department OR ITS DESIGNATED REGISTERED
PROFESSIONAL ENGINEER after construction, installation, alteration,
or repair work under a permit has been completed, but before the
system is placed in use, to determine that the work has been performed
in accordance with the permit and that the system is in compliance
with this article and the rules and
regulations adopted under this article;
(i) Inspection of operating systems at
reasonable times, and upon reasonable notice to the occupant of
the property, to determine if the system is functioning in compliance
with this article and the rules and
regulations adopted under this article.
Officials of the local health department shall be permitted to
enter upon private property for purposes of conducting such inspections.
(j) Issuance of a repair permit and an
emergency use permit to the owner or occupant of property on which
a system is not functioning properly
IN COMPLIANCE. Application for a repair permit shall be made by
such owner or occupant to the local health department within two
business days after receiving notice from the local health department
that the system is not functioning in compliance with this article
or the rules and regulations
adopted under this article or otherwise constitutes a nuisance
or hazard to public health OR WATER QUALITY. The permit shall
provide for a reasonable period of time within which repairs shall
be made, at the end of which period the system shall be inspected
by the local health department to insure that it is functioning
properly. Concurrently with the issuance of a repair permit, the
local health department may issue an emergency use permit authorizing
continued use of a malfunctioning system on an emergency basis
for a period not to exceed the period stated in the repair permit.
Such an emergency use permit may be extended, for good cause shown,
in the event repairs may not be completed in the period stated
in the repair permit, through no fault of the owner or occupant.
(k) Issuance of an order to cease and
desist from the use of any system which
THAT is found by the health officer not to be functioning
in compliance with this article or the rules and
regulations adopted under this article
or otherwise to constitute a nuisance or a hazard to public health
OR WATER QUALITY OR WATER QUALITY and which
THAT has not received timely repairs in accordance with the provisions
of paragraph (j) of this subsection (1). Such an order may be
issued only after a hearing which
THAT shall be conducted by the health officer not less than fortyeight
hours after written notice thereof is given to the owner or occupant
of the property on which the system is located and at which the
owner and occupant may be present, with counsel, and be heard.
The order shall require that the owner or occupant bring the system
into compliance or eliminate the nuisance or hazard within a reasonable
period of time, not to exceed thirty days, or thereafter cease
and desist from the use of the system. A cease and desist order
issued by the health officer shall be reviewable in the district
court for the county wherein the system is located, and upon a
petition filed not later than ten days after the order is issued.
(l) Reasonable periodic collection and
testing by the local health department of effluent samples from
individual sewage disposal systems for which monitoring of effluent
is necessary in order to insure compliance with the provisions
of this article or the rules and regulations
adopted under this article. Such sampling may be required not
more than two times a year, except when required by the health
officer in conjunction with action taken pursuant to paragraph
(k) of this subsection (1). A fee not to exceed twentyfive
dollars ACTUAL COSTS, plus ten
cents LOCALLY ESTABLISHED MILEAGE
REIMBURSEMENT RATES for each mile traveled from the principal
office of the local health department to the site of the system
and return, may be charged by the local health department for
each sample collected and tested, and payment of such charges
may be stated in the permit for the system as a condition for
its continued use. Any owner or occupant of property on which
an individual sewage disposal system is located may request the
local health department to collect and test an effluent sample
from the system. The local health department may, at its option,
perform such collection and testing services, and it shall be
entitled to charge a fee not to exceed twentyfive
dollars ACTUAL COSTS, plus ten
cents LOCALLY ESTABLISHED MILEAGE
REIMBURSEMENT RATES for each mile traveled from the principal
office of the local health department to the site of the system
and return, for each such sample so collected and tested.
(m) AT THE OPTION OF THE LOCAL BOARD
OF HEALTH, maintenance and cleaning schedules and practices adequate
to insure proper functioning of various types of individual sewage
disposal systems. The local board of health may additionally require
proof of proper maintenance and cleaning, in compliance with the
schedule and practices adopted under this subsection (1), to be
submitted periodically to the local health department by the owner
of the system.
(n) Disposal of waste
materials, removed from systems in the process of maintenance
or cleaning, SEPTAGE at a site and
in a manner which
THAT does not create a hazard to the public health, a nuisance,
or an undue risk of pollution.
2510107. Fees.
(1) A LOCAL BOARD OF HEALTH MAY SET FEES FOR PERMITS.
THE PERMIT FEES MAY BE NO GREATER THAN REQUIRED TO OFFSET THE
ACTUAL AND DIRECT COST OF THE LOCAL HEALTH DEPARTMENT'S SERVICES.
WITH RESPECT TO ANY PERMIT, THE FEE FOR SUCH PERMIT SHALL BE SET
SO AS TO RECOVER, AS NEARLY AS CAN BE PRACTICALLY ESTABLISHED,
THE COSTS ASSOCIATED WITH THAT PERMIT, AND MAY NOT EXCEED ONE
THOUSAND DOLLARS. A LOCAL BOARD OF HEALTH MAY ALSO SET FEES FOR
SOIL EVALUATION AND OTHER SERVICES AS REQUESTED BY THE APPLICANT.
SUCH FEES MAY BE NO GREATER THAN REQUIRED TO OFFSET THE ACTUAL
AND DIRECT COSTS OF SUCH SERVICES.
(2) LOCAL BOARDS OF HEALTH MAY SET FEES
FOR PERCOLATION TESTS AND OTHER SOIL EVALUATION SERVICES THAT
ARE PERFORMED BY THE LOCAL HEALTH DEPARTMENT. THE FEES MAY BE
NO GREATER THAN REQUIRED TO OFFSET THE ACTUAL AND DIRECT COST
OF SUCH SERVICES.
2510108. [Formerly 2510107.]
Performance evaluation and approval of systems employing new technology.
(1) Upon application by a systems contractor, a registered
professional engineer, or a manufacturer of individual sewage
disposal systems, the division may hold a public hearing to determine
whether a particular design or type of system, based upon improvements
or developments in the technology of sewage disposal and not otherwise
provided for in paragraphs (e) to (j)
(k) of subsection (1) of section 2510105, has established
a record of performance reliability which
THAT would justify approval of applications for such systems by
the health officer without mandatory review by the local board
of health. If the division determines, based upon reasonable performance
standards and criteria, that such reliability has been established,
the division shall so notify each local board of health, and applications
for permits for such systems may thereafter be acted upon by the
health officer, or his
THE HEALTH OFFICER'S designated representative, OR THE LOCAL BOARD
OF HEALTH'S DESIGNATED REPRESENTATIVE, in the same manner as applications
for systems described in section 2510105 (1) (e).
The division shall not arbitrarily deny any person the right to
a hearing on an application for a determination of reliability
under the provisions of this section.
(2) Except for designs or types of systems
which
THAT have been approved by the division pursuant to subsection
(1) of this section, the local board
of health DEPARTMENT may approve
an application for a type of system not otherwise provided for
in paragraphs (e) to (j)
(k) of subsection (1) of section 2510105, only if
the system has been designed by a registered professional engineer,
and only if the application provides for the installation of a
backup system, of a type described in said paragraphs or previously
approved by the division under subsection (1) of this section,
in the event of failure of the primary system. A local board
of health DEPARTMENT shall not arbitrarily
deny any person the right to consideration of an application for
such a system and shall apply reasonable performance standards
in determining whether to approve such an application.
2510109. [Formerly 2510108.]
Licensing of systems contractors and systems cleaners.
(1) The local board of health may adopt rules and
regulations which THAT provide for
the licensing of systems contractors. A fee not to exceed twentyfive
dollars ACTUAL COSTS may be charged
by the local health department for the initial license of a systems
contractor. A fee not to exceed ten
dollars ACTUAL COSTS may be charged
by the local health department for a renewal of the license. Initial
licensing and renewals thereof shall be for a period of not less
than one year. The local board of health may revoke the license
of a systems contractor for violation of the applicable provisions
of this article or the rules and regulations
adopted under this article or for other good cause shown, after
a hearing conducted upon reasonable notice to the systems contractor
and at which the systems contractor may be present, with counsel,
and be heard.
(2) The local board of health may adopt
rules and regulations which
THAT provide for the licensing of systems cleaners, PURSUANT TO
SECTION 2510106 (1). A fee not to exceed twentyfive
dollars ACTUAL COSTS may be charged
by the local health department for the initial license of a systems
cleaner; a fee not to exceed ten dollars
ACTUAL COSTS may be charged for the renewal of the license. Initial
licensing and renewals thereof shall be for a period of not less
than one year. The local board of health may SUSPEND OR revoke
the license of a systems cleaner for violation of the applicable
provisions of this article or the regulations
RULES adopted under this article or for other good cause shown
after a hearing conducted upon reasonable notice to the systems
cleaner and at which the systems cleaner may be present, with
counsel, and be heard.
2510110. Enforcement by
local health department and local board of health.
The primary responsibility for the enforcement of the provisions
of this article and the regulations
RULES adopted under this article shall lie with local health departments
and local boards of health. In the event that a local health department
or local board of health substantially fails to administer and
enforce the provisions of this article and the rules and
regulations adopted under this article,
the department may assume such of the functions of the local health
department or board of health as may be necessary to protect the
public health AND WATER QUALITY.
2510111. Prohibition of
individual sewage disposal systems in unsuitable areas.
The local board of health may conduct a public hearing, after
written notice to all affected property owners as shown in the
records of the county assessor and publication of notice in a
newspaper of general circulation, at least ten days prior to the
hearing, to consider the prohibition of permits for individual
sewage disposal systems in defined areas which
THAT contain or are subdivided for a density of more than two
dwelling units per acre. The local board of health may order such
prohibition upon a finding that the construction and use of additional
individual sewage disposal systems in the defined area will constitute
a hazard to the public health OR WATER QUALITY. In such a hearing,
the local board of health may request affected property owners
to submit engineering and geological reports concerning the defined
area and to provide a study of the economic feasibility of constructing
a sewage treatment works.
2510112. General prohibitions.
(1) No city, county, or city and county shall issue
to any person a permit to construct or remodel a building or structure
which
THAT is not serviced by a sewage treatment works, until a permit
for an individual sewage disposal system has been issued by the
local health department.
(2) No city, county, or city and county
occupancy permit shall be issued to any person for the use of
a building which
THAT is not serviced by a sewage treatment works until a final
inspection of the individual sewage disposal system has been made
by the local health department, as provided for in section 2510106
(1) (h), and the installation has received the approval of the
local health department.
(3) No individual sewage disposal system
presently in use which
THAT does not comply with the provisions of section 2510105
(1) (e) regarding minimum separation between the maximum seasonal
level of the groundwater table and the bottom of an absorption
system shall be permitted to remain in use without compliance
with this article and the rules and
regulations adopted under this article.
later than October 1, 1975.
(4) Construction of cesspools, defined
as covered underground receptacles which
THAT receive untreated sewage from a building and permit the untreated
sewage to seep into surrounding soil, is prohibited.
(5) Not more than one dwelling, commercial,
business, institutional, or industrial unit shall be connected
to the same individual sewage disposal system unless such multiple
connection was specified in the application submitted and in the
permit issued for the system.
(6) No person shall construct or maintain
any dwelling or other occupied structure which
THAT is not equipped with adequate facilities for the sanitary
disposal of sewage without endangering the public health OR WATER
QUALITY.
(7) ALL PERSONS SHALL DISPOSE OF SEPTAGE
REMOVED FROM SYSTEMS IN THE PROCESS OF MAINTENANCE OR CLEANING
AT AN APPROVED SITE AND IN AN APPROVED MANNER UNDER THIS ARTICLE.
2510113. Penalties.
(1) Any person who commits any of the following acts
or violates any of the provisions of this article commits a class
1 petty offense, as defined in section 181107, C.R.S.:
(a) Constructs, alters, installs, or permits
the use of any individual sewage disposal system without first
having applied for and received a permit as provided for in section
2510105 (1) (f)
(g) or section 2510106;
(b) Constructs, alters, or installs an
individual sewage disposal system in a manner which
THAT involves a knowing and material variation from the terms
or specifications contained in the application or permit;
(c) Violates the terms of a cease and
desist order which
THAT has become final under the terms of section 2510106
(1) (k);
(d) Conducts a business as a systems contractor
without having obtained the license provided for in section 2510108
(1) 2510109 (1) in areas
in which the local board of health has adopted licensing regulations
pursuant to said section;
(e) Conducts a business as a systems cleaner
without having obtained the license provided for in section 2510108
(2) 2510109 (2) in areas
in which the local board of health has adopted licensing regulations
pursuant to said section;
(f) FALSIFIES OR MAINTAINS IMPROPER RECORD
KEEPING CONCERNING SYSTEM CLEANING ACTIVITIES NOT PERFORMED OR
PERFORMED IMPROPERLY; OR
(f) (g) Willfully
fails to submit proof of proper maintenance and cleaning of a
system as required by rules and regulations
adopted pursuant to section 2510106.
(2) UPON A FINDING BY THE LOCAL BOARD
OF HEALTH THAT A PERSON IS IN VIOLATION OF THE PROVISIONS OF THIS
ARTICLE OR THE RULES ADOPTED AND PROMULGATED PURSUANT TO THIS
ARTICLE, THE LOCAL BOARD OF HEALTH MAY ASSESS A PENALTY OF UP
TO FIFTY DOLLARS FOR EACH DAY OF VIOLATION. IN DETERMINING THE
AMOUNT OF THE PENALTY TO BE ASSESSED, THE LOCAL BOARD OF HEALTH
SHALL CONSIDER THE SERIOUSNESS OF THE DANGER TO THE HEALTH OF
THE PUBLIC CAUSED BY THE VIOLATION, THE DURATION OF THE VIOLATION,
AND WHETHER THE PERSON HAS PREVIOUSLY BEEN DETERMINED TO HAVE
COMMITTED A SIMILAR VIOLATION.
(3) A PERSON SUBJECT TO A PENALTY ASSESSED
PURSUANT TO SUBSECTION (2) OF THIS SECTION MAY APPEAL THE PENALTY
TO THE LOCAL BOARD OF HEALTH BY REQUESTING A HEARING BEFORE THE
APPROPRIATE BODY. SUCH A REQUEST SHALL BE FILED WITHIN THIRTY
DAYS AFTER THE PENALTY ASSESSMENT IS ISSUED. A HEARING BEFORE
THE LOCAL BOARD OF HEALTH PURSUANT TO THIS SUBSECTION (3) SHALL
BE CONDUCTED IN ACCORDANCE WITH SECTION 244105, C.R.S.
SECTION 2. Effective
date applicability. This act shall take effect
July 1, 1997, and shall apply to offenses committed on or after
said date.
SECTION 3. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO