5 Colo. Code Regs. § 1002-43.2

Current through Register Vol. 47, No. 11, June 10, 2024

Section 5 CCR 1002-43.2 - Scope and Purpose

A. Declaration

1. 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 regulations for On-site Wastewater Treatment Systems (OWTS) in the state of Colorado and to provide the authority for the administration and enforcement of such minimum standards and regulations.

2. This regulation will apply to On-site Wastewater Treatment Systems as defined in section 25-10-103(12), C.R.S.

B. Purpose

1. The purpose of this regulation as authorized by the OWTS Act is to establish minimum standards for the location, design, construction, performance, installation, alteration and use of OWTS within the state of Colorado, and establish the minimum requirements for regulations adopted by local boards of health including but not limited to permit application requirements; requirements for issuing permits; the inspection, testing, and supervision of installed systems; the maintenance and cleaning of systems; the disposal of waste material and the issuance of cease and desist orders.

C. Effluent Discharged to Surface Waters

1. Any system that will discharge into surface waters must be designed by a professional engineer. The discharge permit application must be submitted for preliminary approval to the local board of health. Once approved by the local board of health, the application must be submitted to the Water Quality Control Division for review in accordance with the Water Quality Control Act, 25-8-101, et seq .C.R.S, and all applicable regulations of the Water Quality Control Commission. Compliance with such a permit will be deemed full compliance with this regulation.

D. Jurisdiction of Local Health Agencies

1. The jurisdiction of any local health agency extends over all unincorporated areas and over all municipal corporations within the territorial limits of the county or the counties comprising the district public health agency, but not over the territory of any municipal corporation that maintains its own public health agency.

5 CCR 1002-43.2

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

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