5 Colo. Code Regs. § 1002-43.14

Current through Register Vol. 47, No. 20, October 25, 2024

Section 5 CCR 1002-43.14 - Operation and Maintenance

A. Responsibility: The owner must be responsible for maintenance of an OWTS unless the responsibility has been contractually assigned to a tenant or a third party or a public, quasi-public, or political subdivision.

B. Service Label: For higher level treatment systems or other components under a service contract, a clearly visible, permanently attached label or plate giving instructions for obtaining service must be placed at a conspicuous location.

C. The local board of health may adopt regulations for:

1. Scheduling of maintenance and cleaning;

2. Practices adequate to ensure performance of an OWTS; and/or

3. Submission of proof of maintenance and cleaning to the local public health agency by the owner of the system.

D. Permitting and Oversight of Maintenance for Soil Treatment Area Reductions and Vertical and Horizontal Separation Distance Reductions Based on Use of Higher Level Treatment

1. Purpose: Reductions in requirements for soil treatment areas, vertical separation distances to limiting layers or reductions in horizontal separation distances by using higher level treatment systems are based on the criteria that these systems are functioning as designed. If these criteria are not met, failure or malfunction is likely, which could result in damage to public health and water quality.

2. The local board of health may choose to permit reductions in the size of soil treatment areas and horizontal and vertical separation distances based on higher level treatment of effluent, only if an oversight program for inspection, maintenance, and repair is implemented by the local public health agency. The local public health agency may designate a separate entity to conduct and maintain the oversight of this program. However, enforcement of the requirements of this regulation will remain with the local board of health. System monitoring may be required.

3. A local board of health is not required to allow reductions in soil treatment areas or vertical or horizontal separation distances based on higher level treatment. If these reductions are not allowed, the local board of health is not required to implement section 43.14.D.

4. Before permitting systems with a reduced soil treatment area as a result of higher level treatment, a local public health agency must develop an oversight program for inspections, maintenance, recordkeeping and enforcement to ensure and document that the systems are meeting the designed higher level treatment standards. At a minimum:

a. Maintain accessible records that indicate:

(1) Owner and contact information;

(2) Address and legal description of property;

(3) Location of OWTS specifying location of septic tank, higher level treatment system, soil treatment area and other components;

(4) Description of OWTS installed;

(5) Level of treatment to be provided;

(6) Copy of current contract with a service provider;

(7) Inspection and maintenance performed:

(i) Dates system was inspected and/or maintained;

(ii) Name and contact information of inspector and/or maintenance provider;

(iii) Condition of system at inspection; and

(iv) Maintenance tasks performed;

(8) Permits, if required by the local public health agency for the work performed; and

(9) Condition of system at completion of any maintenance activity.

b. Frequency of inspection and maintenance must be the most frequent of:

(1) Manufacturer recommendations for proprietary systems or design criteria requirements for public domain technology;

(2) Local public health agency or Division requirements;

(3) For higher level treatment systems, two inspections at six-month intervals for the first year of operation, followed by annual inspections for the life of the system.

5. Owner responsibilities:

a. Ensure OWTS is operating, maintained and performing according to the required standards for the designated treatment level;

b. Maintain an active service contract with a maintenance provider at all times; and

c. Each time his/her current contract with a maintenance provider is renewed or replaced, send a copy to the local public health agency within 30 days of signing.

6. Maintenance provider responsibilities:

a. Must notify the local public health agency when a service contract has been terminated.

b. Must obtain appropriate training/certification for specific proprietary treatment products as provided by the manufacturer necessary to provide the required operation and maintenance for said products.

E. Monitoring and Sampling

1. For an OWTS for which monitoring of effluent is required, the local public health agency or delegated third party must collect and test effluent samples to ensure compliance with the provisions of this regulation.

2. Sampling may be required by the local public health agency in conjunction with an enforcement action.

3. Any owner or occupant of property on which an OWTS is located may request the local public health agency to collect and test an effluent sample from the system. The local public health agency may perform such collection and testing services. The owner or occupant must pay for these services.

a. If the local public health agency or a delegated third party collects and tests effluent samples, a fee not to exceed that which is allowed by the OWTS Act may be charged for each sample collected and tested. Payment of such charge must be stated in the permit as a condition for its continued use.

b. Conditions when a local public health agency can require routine monitoring:

(1) Indications of inadequate performance;

(2) Location in sensitive areas;

(3) Experimental systems; and/or

(4) Systems under product development permits.

c. Sampling and analysis must be performed according to American Public Health Association, American Water Works Association, and Water Environment Federation: Standards Methods for the Examination of Water and Wastewater, 22nd edition, 2012 (International Standard Book Number: 9780875530130).

5 CCR 1002-43.14

40 CR 11, June 10, 2017, effective 6/30/2017

41 CR 07, April 10, 2018, effective 4/30/2018