5 Colo. Code Regs. § 1002-43.4

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

Section 5 CCR 1002-43.4 - Applicability

A. Regulations Adopted By Local Boards of Health

1. Regulation Coverage

a. An OWTS with design capacity less than or equal to 2,000 gpd must comply with regulations adopted by local boards of health pursuant to this regulation and the OWTS Act. Within the jurisdiction of the local public health agency, the regulations promulgated by the local board of health govern all aspects of OWTS permits, performance, location, construction, alteration, installation, and use.

b. An OWTS with design capacity greater than 2,000 gpd must comply with this regulation, site location and design approval in section 25-8-702, C.R.S., and the discharge permit requirements in the Water Quality Control Act, 25-8-501, et seq. C.R.S.

(1) Applicable Commission regulations include, but are not limited to, the following:

(i) Regulation 22 - Site Location and Design Approval Regulations for Domestic Wastewater Treatment Works (5 CCR 1002-22).

(ii) Regulation 41 - The Basic Standards for Ground Water (5 CCR 1002-41).

(iii) Regulation 42 - Site-Specific Water Quality Classifications and Standards for Ground Water (5 CCR 1002-42).

(iv) Regulation 61 - Colorado Discharge Permit System Regulations (5 CCR 1002-61).

(v) Regulation 62 - Regulations for Effluent Limitations (5 CCR 1002-62).

(2) For systems greater than 2,000 gpd, the Division is also authorized to determine those parts of this regulation identified as the prerogative of the local public health agencies.

(3) The requirements for maintenance and standards of performance for systems greater than 2,000 gpd shall be determined by the site application approval and discharge permit.

(4) In the interest of facilitating communication of LPHA concerns regarding a design being reviewed by the Division, the local public health agency can provide comments to the Division for consideration during the Division's review of the proposed design and discharge permit application. Under such a coordinated process, the Division retains final authority for approval or denial of each domestic wastewater treatment works that is regulated under the site location approval and Colorado Discharge Permit System regulations. Prior to approval or denial of each OWTS domestic wastewater treatment works, the Division must acknowledge and consider local OWTS regulations when they are more stringent and restrictive than this regulation.

2. Local Regulations

a. Local boards of health have one year from the effective date of this regulation to update their local regulations which must be as stringent as this regulation.

b. Local boards of health may seek a determination by the Division that their existing local regulations are as stringent as this regulation.

c. After one year from the effective date of this regulation, if a local board of health has not finalized regulations pursuant to section 25-10-104(2), C.R.S. and section 4.A.3 of this regulation, the Division will propose local rules based on this regulation to the Commission for approval for use in that county or district.

3. Procedures to Adopt or Revise Regulations by the Local Board of Health:

a. A local board of health must submit its proposed regulations to the Division for preliminary review at least 30 days prior to a public hearing before a local board of health.

b. The local board of health must hold a public hearing on the proposed regulations before adopting final regulations.

c. The local board of health must give notice of the time and place of the public hearing at least once and at least 20 days in advance in a newspaper of general circulation within its area of jurisdiction.

d. The local board of health may make changes or revisions to the proposed regulations after the public hearing and prior to final adoption, and no further public hearing is required regarding the changes or revisions.

e. All local regulations must be transmitted to the Division no later than five days after final adoption and become effective 45 days after final adoption unless the Division notifies the local board of health before the forty-fifth day that the regulations or any portions of the local regulations determined by the Division are not as stringent as the OWTS Act or with this regulation. Any portions of the local regulations determined by the Division not to be in compliance with the OWTS Act and this regulation will not take effect or be published as regulations of the local board of health. For those portions of its regulations that do not comply, the local board of health may submit revisions to the Division. Only after the Division has determined that the local board of health's revised regulations comply with the OWTS Act and this regulation may the local board of health's revised regulations take effect and be published. Until the Division makes this determination, this regulation controls the unapproved portions of the local regulations.

B. Permit Application Requirements and Procedures

1. Prior to installing, altering, or repairing a system, the applicant must obtain a permit from the local public health agency.

2. An applicant must submit a complete application that is consistent with section 43.4.B.3 . to the local public health agency prior to installing, altering or repairing a system.

3. Minimum Permit Application Requirements:

a. Owner name and contact information;

b. Property address;

c. Property legal description;

d. Type of permit;

e. Report from Site and Soil Evaluation (section 43.5);

f. System design with a legible, accurate site plan which shows pertinent physical features on subject property, and on adjacent properties, as noted in Table 7-1; and

g. Other information, data, plans, specifications and tests as required by local public health agency.

(1) When specific evidence suggests undesirable soil conditions exist, additional hydrological, geological, engineering or other information provided by a professional engineer or geologist may be required to be submitted by the applicant. This requirement will not prejudice the right of the local public health agency to develop its own information from its own source at its own expense.

4. Permit Fees

a. A local board of health may set fees for permits. The permit fees may be no greater than required to offset the actual indirect and direct costs of the local public health agency. 25-10-107, C.R.S.

b. Permit application fees must not exceed the maximum fees established in section 25-10-107, C.R.S. Permit application fees must be submitted by an applicant with the permit application, and are due and payable upon receipt of the permit application.

c. The local board of health may make provision for the waiver of any local permit fee normally required for an OWTS.

5. Other Fees

a. A local board of health may set fees for inspections, percolation tests, soil evaluation, and other services performed by the local public health agency. The fees must be no greater than required to offset the actual indirect and direct costs of the services, and must not exceed the maximum amounts specified in section 25-10-107, C.R.S.

b. Surcharge - The local public health agency must collect a fee of twenty-three dollars for each permit issued for a new, repaired, or upgraded OWTS. Of that fee, the local public health agency must retain three dollars to cover the local public health agency's administrative costs and twenty dollars must be transmitted to the Colorado Department of Public Health and Environment for use in funding the state's OWTS program.

6. Permit Term

a. An OWTS permit expires one year after the date of issuance if construction has not commenced or as specified by local board of health regulations.

b. Any change in plans or specifications of the OWTS after the permit has been issued invalidates the permit unless the permittee receives written approval from the local public health agency for such changes.

7. Repair Permit

a. The owner or occupant of a property on which an OWTS is not in compliance must obtain a repair permit from the local public health agency. The applicant must apply for a repair permit within two business days after receiving notice from the local public health agency that the system is not functioning in compliance with the OWTS Act or applicable regulations, or otherwise constitutes a nuisance or a hazard to public health or water quality.

b. The repair permit must provide for a reasonable period of time within which the owner or occupant must make repairs. At the end of that period, the local public health agency must inspect the system to ensure it is functioning properly. Concurrently with the issuance of a repair permit, the local public health agency 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 and only if the owner or occupant will continue to make repairs to the system.

8. A permit must be required for the expanded use of an OWTS. The OWTS must be replaced or modified to handle the increased design flow unless it is determined that the existing system is adequately designed and constructed for the higher design flow rate.

9. Regulations of the local board of health must include provisions that provide for review by the local board of health of applications denied by the local public health agency when requested by an applicant.

10. The issuance of a permit and specifications of terms and conditions therein will not constitute assumption of liability, nor create a presumption that the local public health agency or its employees may be liable for the failure or malfunctioning of any system. Permit issuance will not constitute a certification that the system, the equipment used in the system, or any component used for system operation will ensure continuous compliance with the provision of the OWTS Act, the regulations adopted thereunder, or any terms and conditions of a permit.

11. No OWTS permit shall be issued to any person when the subject property is located within a municipality or special district that provides public sewer service, except where such sewer service to the property is not feasible in the determination of the municipality or special district, or the permit is otherwise authorized by the municipality or special district.

C. Determination

1. A local public health agency must determine whether the information provided in the permit application, site and soil evaluations, assumptions and calculations, and design of the proposed OWTS are in compliance with the requirements of the OWTS Act and regulations adopted pursuant thereto. If the submittal is determined to be in compliance, authorization to begin installation may be given.

D. Access to Site

1. For the purpose of inspecting and enforcing applicable regulations and the terms and conditions of any permit issued and investigating and responding to complaints, the local public health agency is authorized to enter upon private property at reasonable times and upon reasonable notice for the purpose of determining whether or not an operating OWTS is functioning in compliance with the OWTS Act and applicable regulations adopted pursuant thereto and the terms and conditions of any permit issued and to inspect and conduct tests in evaluating any permit application. The owner or occupant of every property having an OWTS must permit the local public health agency access to the property to make inspections, conduct required tests, take samples, and monitor compliance.

E. Inspection Stages

1. Local regulations must specify the stages of site evaluation, construction, installation, alteration, or repair at which the local public health agency must require inspections.

2. Before a system is placed in use, the owner, the owner's agent or the systems contractor must provide the local public health agency and the engineer, if engineer designed, with notice that the progress of the work has been sufficiently completed to allow inspections to determine if all work has been performed in accordance with the permit requirements and to determine compliance of the system with the OWTS Act and the regulations adopted thereunder.

F. Final approval of the permit by the local public health agency must include, but is not limited to:

1. Receipt of letter from the engineer certifying construction of the OWTS as per the approved design plan, if the OWTS was engineer designed;

2. Receipt of a record drawing which includes a scale drawing showing all components of the OWTS including their location from known and findable points, dimensions, depths, sizes, manufacturers' names and models as available, and other information relative to locating and maintaining the OWTS components;

3. Final inspection prior to backfilling the OWTS by the local public health agency confirming that it was installed according to the permit requirements and regulations or variances to the regulations; and

4. Identification of system contractor.

G. Division Authority to Administer and Enforce

1. Wherever the term local board of health or local public health agency is used in this regulation, said terms must also include the Division under its designated authority for the purposes of administering and enforcing the provisions of this regulation where necessary to protect the public health and environment.

H. Primary Enforcement Responsibility

1. The primary responsibility for enforcement of the provisions of the OWTS Act and the regulations adopted under said article will lie with the local board of health.

2. In the event that a local board of health fails to administer and enforce the provisions of said section and the regulations adopted under the OWTS Act, the Division may assume such functions of the local public health agency or local board of health as may be necessary to protect the public health and environment. 25-10-110, C.R.S.

I. Product Development Permit

1. For products that have not received Division acceptance under section 43.13.D , the manufacturer may apply to the local public health agency for a product development permit. Requirements for proprietary treatment product acceptance are located in section 43.13.D of this regulation.

2. For products or types of systems which have not been otherwise accepted by the Division pursuant to section 43.13.D, the local board of health may approve an application for product development permit only if the system has been designed by a professional engineer, and only if the application provides proof of the ability to install a replacement OWTS in compliance with all local requirements in a timely manner in the event of a failure or malfunction of the system installed.

3. Before a product development permit is issued, the Division must determine that the product to be tested qualifies for testing under the product development evaluation based on information submitted to the Division.

a. Applicant must provide evidence of nationally accepted third-party testing of the product to be evaluated, or;

b. Provide test data from multiple single-family homes under normal working conditions that meet the following criteria:

(1) Test data must be provided from a minimum of four sites.

(2) Each system must be tested over a period of at least one year.

(3) Each system must be sampled at least three times during the year with at least one sample obtained during cold weather conditions.

(4) Laboratory results for all parameters for which acceptance is being requested must be submitted.

4. A local board of health must not arbitrarily deny any person the right to consideration of an application for such a system and must apply reasonable performance standards in determining whether to approve such an application; 25-10-108(2), C.R.S.

5. A completed application for a product development permit must be submitted to the local public health agency at least 30 days in advance of installation of the product.

6. An application for a product development permit must include the following:

a. Proof of the ability to install a replacement OWTS in compliance with all local requirements in a timely manner in the event of a failure or malfunction of the system under testing;

b. A description of the product under development including performance goals;

c. Documentation signed by the owner of the proposed product development site allowing access to the local public health agency and Division for inspection of the site; and

d. Design documents as required in section 43.5.G of this regulation.

7. Other than the performance standards identified in section 43.4.I above, the local public health agency may stipulate additional requirements for the product development permit necessary to ensure that the system performs as intended.

8. A product development permit is a site-specific permit. Product development testing at multiple sites requires a product development permit for each site.

9. During the term of the product development permit, all data collected is to be submitted to the Division and the local public health agency.

10. The local public health agency may revoke or amend a product development permit, if the continued operation or presence of the product under development:

a. Presents a risk to the public health or environment;

b. Causes adverse effects on the proper function of the OWTS on the site;

c. Leaks or discharges effluent on the surface of the ground; or

d. If the developer of the product fails to comply with any requirements stipulated on the permit by the local public health agency or the Division.

11. If the product development permit is revoked, the product developer must install the replacement system within the time frame established by the local public health agency.

12. Once the system is installed and approved, the local public health agency must supply the Division with a copy of the completed OWTS permit.

J. Prohibition of OWTS in Unsuitable Areas

1. A local board of health may prohibit issuance of OWTS permits in accordance with applicable land use laws and procedures for defined areas in which the local board of health determines that construction and use of additional OWTS may constitute a hazard to public health or water quality.

K. Licensing of Systems Contractors and Systems Cleaners

1. The local board of health may adopt regulations which provide for the licensing of systems contractors. A fee not to exceed actual local public health agency costs may be charged by the local public health agency for the initial license of a systems contractor; a fee not to exceed actual costs may be charged by the local public health agency for a renewal of the license. Initial licensing and renewals thereof must be for a period of not less than one year. Renewals may be scheduled to coincide with the calendar year.

2. The local board of health may revoke the license of a systems contractor for violation of the applicable provisions of the OWTS Act and the implementing regulations 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.

3. The local board of health may adopt regulations which provide for the licensing of systems cleaners. A fee not to exceed actual costs may be charged by the local public health agency for the initial license of a systems cleaner; a fee not to exceed actual costs may be charged for the renewal of the license. Initial licensing and renewals thereof must be for a period of not less than one year. Renewals may be scheduled to coincide with the calendar year.

4. The local board of health may suspend or revoke the license of a systems cleaner for violation of the applicable provisions of the OWTS Act and the regulations adopted under said section 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. 25-10-109, C.R.S.

L. Transfer of Title Inspections

1. A local board of health may choose to require a property owner of a residence or other building/facility served by an OWTS to have an inspection of that system to demonstrate that the system is functioning according to design prior to the sale or transfer of title of the property. A local board of health is not required to develop a transfer of title inspection program.

2. The local board of health may identify types of transfer of title that are not required to have inspections.

3. Applications for transfer of title and inspection reports must be made on forms furnished or approved by the local public health agency. Inspectors must be certified by National Association of Wastewater Technicians or an equivalent program approved by the local public health agency. Inspectors for higher level treatment systems must have training relevant to the specific system or certification by the equipment manufacturer. The applications must include, as appropriate:

a. Owner's name and contact information;

b. Physical address of property;

c. Legal description of property;

d. Name of Inspector, Inspector's NAWT or other applicable certification number;

e. Date and time of the inspection(s);

f. A septic tank inspection report completed within the previous 12 months, including a septic tank pumping receipt, when applicable, based on the inspection report;

g. An inspection report completed within the previous 12 months for any mechanical components such as pumps, alarms or higher level treatment systems; and

h. An inspection report completed within the previous 12 months providing a detailed report noting the condition of the soil treatment area.

4. All components that are found to be in a state of malfunction must be noted and disclosed within the inspection report.

5. Minimum Criteria

a. Items noted in the inspection report that do not comply with the following criteria and conditions must be corrected along with necessary permits and inspections prior to the issuance of a final acceptance document:

(1) All tanks must be structurally sound and in good working order and provided with safe and secure lids;

(2) All internal devices and appurtenances such as tees, effluent screens and baffles that were originally provided with the tank or added later must be intact and in working order;

(3) Alarms, control devices, and components necessary for the operation of the system are present and in good working order;

(4) A soil treatment area, or other means of subsurface wastewater treatment, must be present and not in a state of failure;

(5) There are no unapproved wastewater discharges from the system or structure; and

(6) Any items meeting the conditions of a "Failure" as defined in this regulation have been corrected to the acceptance of the local public health agency.

6. Issuance of an Acceptance Document

a. When the criteria set forth above have been met, the local public health agency must issue an acceptance document, using terminology adopted by the local public health agency, setting forth the terms and conditions of approval, including, as appropriate:

(1) Statement of the size, type and capacity of the system and a record drawing, either from the local public health agency records (verified by the inspector) or from the inspection reports;

(2) Evidence of past system failures as shown in local public health agency records;

(3) Circumstances or factors that may have affected the ability of the inspector to evaluate the system;

(4) Whether the system meets the permitting requirements of the local public health agency; and

(5) Other information the local public health agency may require.

7. The acceptance document will remain valid until the date of real estate closing or for a maximum period of twelve months, whichever comes first.

8. Renewal of an Acceptance Document

a. If a local public health agency has established a time period for the acceptance document of 6 months or less and provided it has not expired, an acceptance document may be renewed one time for a period of up to six months upon completion of the appropriate form and payment of the required fee.

9. Waiver of an Acceptance Document

a. If it is determined by the local public health agency that an OWTS does not meet the requirements for issuance of an acceptance document, a conditional acceptance document may be issued, provided that the purchaser of the property agrees to obtain a permit and complete all necessary repairs to the system (or connect to a sanitation district, if appropriate) within the time frame established by the local public agency.

10. Revocation of an Acceptance Document

a. An acceptance document must be revoked if it is determined that the system is no longer functioning in accordance with this regulation or that false or misleading material statements were made on the application or inspection reports.

11. Penalties

a. Failure to obtain an acceptance document for a covered transaction as provided by this regulation will subject the owner who failed to obtain the document to a penalty assessed under section 25-10-113, C.R.S.

M. Permit for the Continued Use of an On-site Wastewater Treatment System

1. A local board of health may choose to issue a permit authorizing the continued use of an OWTS. A local board of health is not required to develop an additional permit program for the continued use of an OWTS.

2. Permits for the continued use of an OWTS may be issued for purposes, including but not limited to:

a. An "Operating permit" used for maintenance and inspections performed on an OWTS at regular intervals;

b. A "Use permit" used for transfer of title inspections; or

c. Other situations deemed necessary or useful by a local public health agency.

3. A local public health agency may determine the time frame for the permit either at equal time intervals or based on recurring events.

4. A local public health agency may revoke the permit for non-compliance.

5. A local public health agency may assess penalties for non-renewal of a permit as required, or non-compliance with the terms of a permit as allowed in this regulation.

N. Variance Procedure

1. General

a. The purpose of this section is to provide a procedure for local public health agencies to consider variances from the design and/or siting requirements of the OWTS regulations. A local board of health may adopt these procedures or more stringent procedures, but is not required to adopt any variance procedure. Variances may only be included in permits issued by those local public health agencies which formally adopt and implement a state approved variance procedure.

b. The local board of health may set fees for processing an OWTS permit with a variance in accordance with section 25-10-107, C.R.S. This permit fee may be the standard OWTS permit fee or may be a separate fee based upon the cost of processing a permit with a variance.

2. Requirements for Variance Consideration

a. To consider a variance request, the local board of health must adopt a procedure for issuing variances.

b. Where the local board of health adopts a variance procedure, the board must hear the variance request.

c. The local board of health will determine what type of variances will require public hearings. Prior to the rendering a decision on a variance request requiring a public hearing, a public hearing must be held. The hearing must be the subject of a public notice or notice must be sent via certified mail, with a minimum 20-day reply time from the date of mailing, to all adjacent property owners.

d. Variance requests must be accompanied by:

(1) Site-specific request identifying the specific criteria from which a variance is being requested;

(2) Technical justification by a professional engineer or professional geologist, which indicates the specific conditions which exist and/or the measures which will be taken that support a finding that the variance will result in no greater risk than that associated with compliance with the requirements of the regulation. Examples of conditions which exist, or measures which might be taken, include but are not limited to the following: evidence of a natural or manmade physical barrier to the movement of effluent to or toward the feature from which the variance is requested; placement of a manmade physical barrier to the movement of effluent to or toward the feature from which the variance is requested; soil replacement with sand filter media to reduce the infiltration rate of the effluent such that the travel time of the effluent from the absorption field to the physical feature is no less than the travel time through the native soils at the prescribed setback and Treatment Level 2;

(3) A discussion of alternatives considered in lieu of the requested variance;

(4) Technical documentation for selected alternative, which may include a testing program, which confirms that the variance does not increase the risk to public health and to the environment; and

(5) A statement of the hardship that creates the necessity for the variance.

e. The applicant has the burden of proof to demonstrate that the variance is justified and will pose no greater risk to public health and the environment than would a system meeting the regulations.

3. The local board of health has the authority to impose site-specific requirements and conditions on any variance granted.

4. Outcome of the Variance Proceeding

a. The applicant must be notified, in writing, of the local board of health's decision regarding the request for a variance. The notice of a denial of a variance must include those reasons which form the basis for the denial. The notice of an approval of a variance must include any conditions of the approval. The variance, and any conditions thereof, must be recorded on the deed to the property and any expenses associated with that recording must be the responsibility of the party obtaining the variance.

5. Prohibitions on the Granting of Variance Requests

a. No variance shall be issued where the property can accommodate a conforming OWTS.

b. No variance shall be issued to mitigate an error in construction involving any element of property improvements.

c. No variance shall be allowed solely for economic gain.

d. No variance shall be issued, if it will result in a setback reduction to an offsite physical feature that does not conform to the minimum setbacks defined in Table 7-1 of this regulation without the board of health considering any concerns of the owner of property containing said feature. Property lines are considered offsite features. The property owner containing said feature must be notified of the time and date of the hearing.

e. No variance shall be issued, if it reduces the separation to ground water or bedrock based on the level of treatment in Table 7-2.

f. No variance from the horizontal setback from a well shall be issued unless it also meets the variance requirements of the Board of Examiners of Water Well Construction and Pump Installation Contractors.

g. No variance shall be issued for the installation of a higher level treatment system based on sizing or separation reductions without the LPHA having a maintenance and oversight program as defined in section 43.14.D.

6. Variances for Repair of Failing Systems

a. When a proposed variance for a system repair or upgrade would result in encroachment on minimum distances to physical features on neighboring properties required by the Division, the hearing procedures in 4.N.2, Requirements for Variance Consideration above must be followed.

b. For the repair of or upgrade to an existing system where the existing system does not meet the required separation distances and where conditions other than lot size precludes adherence to the required distances, a variance to the separation distances may be requested. The repairs or upgrade must be no closer to features requiring setbacks than the existing facilities. Variances requesting setbacks no closer than existing setbacks do not have to provide technical justification from a professional engineer or professional geologist.

7. Findings on Appeal

a. A request for review must be made within 60 days after denial of an application by the local public health agency.

b. The applicant must bear the burden of supplying the local board of health with sufficient evidence to document that the denied system will be constructed and used in such a manner that will result in no greater risk than that associated with compliance with the requirements of the regulation, comply with the declaration and intent of this regulation, and comply with all applicable state and local regulations and required terms and conditions in any permit.

c. Such review must be conducted pursuant to the requirements of section 24-4-105, C.R.S.

O. General Prohibitions; Section 25-10-112, C.R.S.

1. No city, county, or city and county shall issue to any person:

a. A permit to construct or remodel a building or structure that is not serviced by a sewage treatment works until the local public health agency has issued a permit for an OWTS.

b. An occupancy permit for the use of a building that is not serviced by a sewage treatment works until the local public health agency makes a final inspection of the OWTS, provided for in section 25-10-106(1) (h), C.R.S. and the local public health agency approves the installation.

2. The construction of new, or the repair of existing cesspools is prohibited. Where an existing cesspool is failing, a conforming OWTS must be installed. Where space is not available for a conforming OWTS, the criteria for repairs established within section 43.10.I must be followed.

3. A person must not connect more than one dwelling, commercial, business, institutional or industrial unit to the same OWTS unless such multiple connection was specified in the application submitted and in the permit issued for the system.

4. No person shall construct or maintain any dwelling or other occupied structure which is not equipped with adequate facilities for the sanitary disposal of sewage.

5. 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.

P. Cease and Desist Orders

1. The local public health agency may issue an order to cease and desist from the use of any OWTS or sewage treatment works which is found by the health officer not to be functioning in compliance with the OWTS Act or with applicable regulations or is found to constitute a hazard to public health, or has not otherwise received timely repairs under the provisions of section 25-10-106(1) (j), C.R.S. Such an order may be issued only after a hearing which shall be conducted by the health officer not less than 48 hours after written notice thereof is given to the owner or occupant of the property on which the system is located. The order shall require that the owner or occupant bring the system into compliance or eliminate the health hazard within 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.

Q. Penalties; Section 25-10-113, C.R.S.

1. Any person who commits any of the following acts or violates any of the provisions of this section commits a Class 1 petty offense as defined in section 18-1.3-503, C.R.S.:

a. Constructs, alters, installs, or permits the use of any OWTS without first having applied for and received a permit as provided for in section 25-10-106, C.R.S.;

b. Constructs, alters, or installs an OWTS in a manner which involves a knowing and material variation from the terms or specifications contained in the application, permit or variance;

c. Violates the terms of a cease and desist order that has become final under the terms of section 25-10-106(1) (k), C.R.S.;

d. Conducts a business as a systems contractor without having obtained the license provided for in section 25-10-109(1), C.R.S., in areas which the local board of health has adopted licensing regulations pursuant to that section;

e. Conducts a business as a systems cleaner without having obtained the license provided for in section 25-10-109(2), C.R.S., in areas which the local board of health has adopted licensing regulations pursuant to that section;

f. Falsifies or maintains improper records concerning system cleaning activities not performed or performed improperly; or

g. Willfully fails to submit proof of proper maintenance and cleaning of a system as required by regulations adopted by the local board of health.

2. Upon a finding by the local board of health that a person is in violation of this regulation, 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 section 43.4.Q.2 may appeal the penalty to the local board of health by requesting a hearing before the appropriate body. The request must be filed within thirty days after the penalty assessment is issued. The local board of health shall conduct a hearing upon the request in accordance with section 24-4-105, C.R.S.

5 CCR 1002-43.4

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

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