ONSITE WASTEWATER REGULATIONS

ONSITE WASTEWATER REGULATIONS NORTHEAST COLORADO HEALTH DEPARTMENT As Adopted: December 1, 1986 Effective: January 1, 1987 Amended: January 1, 2005 Effective: March 1, 2005 Amended: July 25, 2007 Effective: August 1, 2007 Amended: July 29, 2009 Effective: September 15, 2009 Serving: Logan, Morgan, Phillips, Sedgwick, Washington, and Yuma Counties Northeast Colorado Health Department 700 Columbine Street Sterling, CO 80751 970-522-3741

INDIVIDUAL SEWAGE DISPOSAL SYSTEMS REGULATIONS NORTHEAST COLORADO HEALTH DEPARTMENT Adopted January 1, 1985 Amended December 8, 2000 Amended July 29, 2008 Effective September 15, 2009 TABLE OF CONTENTS Section 1 Title and Policy 1 Page Section 2 Definitions 1 Section 3 Administration and Enforcement 7 3.1 General Sanitation Requirements 7 3.2 Inspection and Right of Entry 7 3.3 Permit Application Requirements 8 3.4 Preliminary Investigation 9 3.5 Application Review 10 3.6 Design Capacity Over 3,000 Gallons 11 3.7 Expiration of Permit 11 3.8 Liability of the Department 11 3.9 Inspections by Department 11 3.10 Final inspection 11 3.11 Denial of a Permit or Disapproval of Plans 12 3.12 Community Sewers 14 3.13 Acceptable Design List 14 3.14 Designs Other Than Approved 14 3.15 Submission of Plans for Proposed Subdivisions 15 3.16 Prohibition of ISDS in Unsuitable Areas 15 3.17 General Prohibitions 15 3.18 Repair Permit 16 3.19 Notice of Violations 17 3.20 Cease and Desist Order 17 3.21 Regulations of Systems Contractor 18 3.22 Regulations of Systems Cleaners 19 3.23 Maintenance Cleaning and Effluent Testing Schedules 20 i

3.24 Penalties 21 3.25 Jurisdiction 21 3.26 Severability 21 3.27 Savings Clause 22 3.28 Effective Date 22 Section 4 General Technical Requirements 22 4.1 Calculation of Sewage Flow 22 4.2 Minimum Distances Between Components 22 4.3 Soil Test 23 4.4 Alternative Soil Test 25 4.5 Suitable Soil 25 4.6 Disinfection of Effluent 25 Section 5 Requirements For Septic Systems 26 5.1 General Design Features 26 5.2 Septic Tank Design 29 5.3 Septic Tank Installation 30 5.4 Minimum Capacity for Septic Tanks 30 5.5 Disposal of Effluent Into an Absorption Area 31 5.6 Absorption Trenches 33 5.7 Absorption Beds 34 5.8 Seepage Pits 34 5.9 Sand Filters 34 5.10 Mound Systems 36 5.11 Serial Distribution Systems 36 5.12 Evapotranspiration Systems 37 Section 6 Requirements for Alternative Disposal Systems 39 6.1 Vaults 39 6.2 Vault Privy 39 6.3 Chemical Toilets 39 6.4 Grey Water Systems 39 6.5 Incineration Toilets 39 6.6 Cesspools 40 6.7 Effluent Discharging to State Waters 40 6.8 Treatment Systems Other Than Those Discharging Through Soil Absorption 40 ii

Section 7 New or Experimental Designs 40 7.1 Acknowledgement 40 7.2 Requirements for an Experimental Installation Permit 40 7.3 Approval 41 7.4 Unsatisfactory Installation 41 7.5 Back Up Requirements 41 Tables Table 1 - Quantities of Sewage for Various Uses 42 Table 2 - Minimum Horizontal Distances Between Components 45 Notes for Table 2 46 Sizing Chart (Six Ft.) 47 Sizing Chart (Four Ft.) 48 Diagrams Cut Banks and Fill Areas @ 4 to 1 Ratio 49 Mound System Built @ 3 to 1 Ratio 50 Pad System Built @ 3 to 1 Ratio 51 iii

SECTION 1: TITLE AND POLICY The Northeast Colorado Health Department declares the purpose of this regulation is to preserve the environment and protect the public health; to eliminate and control the causes of disease, infection, 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, rules and regulations for individual sewage disposal systems in the jurisdiction of the Northeast Colorado Health Department and to provide the authority for the administration and enforcement of such minimum standards, rules and regulations. The regulations are designed to control the construction, location and operation of sewage disposal systems, the transportation and final disposal of sewage materials and the control of Systems Contractors and Systems Cleaners of such systems. The Northeast Colorado Health Department declares that its general policy is to require the use of public sewer systems where and whenever feasible, and to limit the installation of individual sewage disposal systems only to areas that are not feasible for public sewers. The Board of Health further declares that any violation of these regulations is a class 3 Public Nuisance under 16-13-305 CRS 1973. These regulations shall apply to all individual sewage disposal systems with an average flow less than 2,000 gallon per day (maximum design rate of 3,000 gpd) and to sewage treatment works which are not required to comply with the provisions of the Water Quality Control Act, 25-81, CRS 1973. These rules and regulations shall meet or exceed the requirements of the guidelines as adopted by the Colorado Board of Health pursuant to 25-10-104, CRS 1973. SECTION 2 DEFINITIONS: The following definitions shall apply in the interpretation and enforcement of this Regulation. The word "shall" as used herein indicates a mandatory requirement. 2.1 Absorption System: waste water disposal field or 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 and may include evapotranspiration. 2.2 Absorption Trench: one or more trenches not over three feet in width and of varying length and depth in which sewage effluent is percolated into the soil. 2.3 Acceptable Design: a standardized design of tank, plant or system, the installation of which is permitted by the Department, provided that site requirements are met. 2.4 Aeration Plant: equipment or devices for the aerobic treatment of sewage. 1

2.5 Aerobic Sewage Treatment System: an individual sewage disposal system employing biological action which is maintained by the addition of air or oxygen. 2.6 Applicant: any person who submits an application for a permit for an individual sewage disposal system or for a license to be a Systems Cleaner or Systems Contractor. 2.7 Approved: official consent given in writing by the Department. 2.8 Bedrock: the more or less solid undisturbed rock in place either at the surface or beneath surface deposits of gravel, sand, or soil or a consolidated rock formation of impervious material which may exhibit jointed, fractured, or deteriorated characteristics. 2.9 Biochemical Oxygen Demand (BOD5): the quantity of oxygen used in the biochemical oxidation of organic matter in five days at 20 C under specified conditions reported as milligrams per liter (mg/l). 2.10 Board of Health: the Northeast Colorado Board of Health as designated by the County Commissioners of Logan, Morgan, Phillips, Sedgwick, Washington, and Yuma Counties. 2.11 Building Sewer: that part of the piping of a drainage system which extends from the end of the building drain and which receives the discharge of the building drain and conveys it to a public sewer, private sewer, individual sewage disposal system or other points of disposal. 2.12 Cesspool: a covered underground receptacle which receives untreated sewage from a building and permits the untreated sewage to seep into surrounding soil. 2.13 CDPHE: Colorado Department of Public Health and Environment (State Health Department) 2.14 Cistern: a water-tight covered receptacle of non-toxic materials which is designed for storage of potable water. 2.15 Competent Technician: an employee of the Department who is able to conduct and interpret the results of percolation tests. 2.16 Component Parts: all physical, mechanical and electrical components of an aeration plant. 2.17 Composting Toilet: a unit which consists of a toilet seat and cover over a riser which connects to a compartment or vault that contains or will receive 2

composting materials sufficient to reduce waste by aerobic decomposition. 2.18 Contact Basin: a water-tight receptacle used for the retention of effluent for a specified length of time so that required biological or chemical action can occur. 2.19 Department: The Northeast Colorado Health Department. 2.20 Dispersal System: a system for the disposal of effluent, after final treatment in an individual sewage disposal system, by a method which does not depend upon or utilize the treatment capacity of the soil. 2.21 Distribution Box: a watertight chamber which receives waste water from a septic tank or other primary treatment unit and from which effluent is distributed evenly throughout the absorption system. 2.22 Dosing Tank: a watertight chamber which receives waste water from a septic tank or other primary treatment unit and from which effluent is distributed evenly throughout the absorption system. 2.23 Effluent: the liquid waste discharge from an individual sewage disposal system. 2.24 Environmental Health Specialist: a person who is trained in physical, biological and sanitary science to carry out inspections and educational duties in the field of environmental health. 2.25 Evapotranspiration System: a type of dispersal system that wholly or primarily utilizes liquid evaporation or transpiration by vegetation as a means of effluent disposal. 2.26 Experimental System: a new device or design that reflects an improvement or development in the technology of waste water treatment. 2.27 Floodplain: an area adjacent to a stream which is subject to flooding as the result of the occurrence of a one hundred (100) year flood, and is so adverse to past, current or foreseeable construction or land use as to constitute a significant hazard to public or environmental health and safety or to property or is designated by the Federal Emergency Management Agency (FEMA) or National Flood Insurance Program (NFIP). In the absence of FEMA/NFIP maps, a Colorado Registered Professional Engineer shall certify the flood plain elevations. 2.28 Floodway: that area of the floodplain in which the channel of the watercourse and those portions of the adjoining floodplain which must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot at any point or as designated by the Federal Emergency Management Agency or National Flood Insurance Program. In the 3

absence of FEMA/NFIP maps, a Colorado Registered Professional Engineer shall certify the flood way elevation and location. 2.29 Grease Trap: a tank or device that allows separation of solids and grease, to contain them in an on-site holding facility, and to prevent these troublesome wastes from entering the main sewer system or septic tank/drain field. 2.30 Geologist: a Professional Geologist as defined in 6-5-102, CRS 1973. 2.31 Grey Water System: a system designed to collect, treat and dispose only liquid wastes from sinks, lavatories, tubs, showers, and laundry or other approved plumbing fixtures excluding toilet fixtures. 2.32 Groundwater Table: the upper surface of ground water in the zone of saturation of a geologic formation. 2.33 Health Officer: the Public Health Administrator or other designated representative of the Northeast Colorado Health Department. 2.34 Holding Tank: a water-tight receptacle for the retention of sewage before, during or after treatment. 2.35 Individual Sewage Disposal System: and the term "System" [(ISDS) where the context so indicates] - an absorption system of any size or flow or a system or facility for collecting, storing, treating, neutralizing, stabilizing, or disposing of sewage which is not a part of or connected to a sewage treatment works. 2.36 Lift Station: a device used for the vertical lifting of effluent to the required horizontal level of either the absorption field or septic tank. 2.37 Liner: a water-tight membrane liner of at least 0.01 (10 mil) thickness which is used to prevent effluent from entering the soil or groundwater table. Material shall be polyvinyl chloride or material of equal integrity. 2.38 Manufacturer: the person or firm that constructs or assembles individual sewage treatment system components. 2.39 Matrix: the material in which effluent is dispersed for percolation or capillary action. 2.40 Mini-System: a system designed to accommodate wastes only from sinks, lavatories, tubs, showers or laundries. 2.41 Owner: the person who is owner of record for the land on which an individual sewage disposal system is to be designed, constructed, installed, altered, 4

extended or used. 2.42 Percolation Test: 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 at the rate at which one inch of water is absorbed. 2.43 Permeability: the property of a material which permits movement of water through the material. 2.44 Permit: a permit for the construction or alteration, installation and use or for the repair of an individual sewage disposal system. 2.45 Person: individual, partnership, firm, corporation, association, or other legal entity and also the state, any political subdivision thereof or other governmental entity. 2.46 Plot Plan: an accurate drawing or map indicating the dimensions, acreage, and location of property lines, buildings, wells, individual sewage disposal systems, water courses, geographical features and other pertinent information as required. 2.47 Privy: a structure allowing for the disposal of excreta not transported by a sewer and which provides privacy and shelter and prevents access to the excreta by files, rodents or other animals. 2.48 Registered Professional Engineer: an engineer licensed in accordance with 12-25-11 CRS 1973. 2.49 Sand Filter: a subsurface system which utilizes filtration or absorption or both, which contains an intermediate layer of sand as filter material. 2.50 Seepage Bed: or absorption bed means a subsurface soil absorption area which is wider than 3 feet, together with a system of perforated distribution pipes through which effluent may seep or leach into the soil. 2.51 Seepage Pit: a type of soil absorption system dependent upon suitable soil at a depth greater than that of an absorption trench or bed, and designed on the basis of sidewall area. 2.52 Septic Tank: a water-tight, accessible, covered receptacle designed and constructed to receive sewage from a building sewer, to settle solids from the liquid, to digest organic matter and stored digested solids through a period of retention and allows the clarified liquids to discharge to other treatment units for final disposal. 5

2.53 Serial Distribution: an arrangement of absorption trenches, seepage pits or seepage beds so that effluent is retained in each successive component before flowing into the succeeding component. 2.54 Sewage: a combination of liquid wastes which may include chemicals, house wastes, human excreta, animal or vegetable matter in suspension or solution, and other solids in suspension or solutions, and which is discharged from a dwelling, building, or other establishment. 2.55 Sewage Treatment Works: a system or facility for treating, neutralizing, and stabilizing of sewage, which system or facility has a design capacity to receive more than 2,000 gallons of sewage per day, the disposal of which is by means other than a subsurface absorption system. The term "sewage treatment works" includes appurtenances such as interceptors, collection lines, outfall and outlet sewers, pumping stations, and related equipment. 2.56 Stabilization Pond: a reservoir or bermed land which receives aeration plant effluent for final treatment or evaporation. 2.57 Suitable Soil: a soil which will effectively treat and filter effluent by removal of organisms and suspended solids before the effluent reaches any highly permeable earth such as joints in bedrock, gravel or very coarse soils and which meets percolation test requirements and has a vertical thickness of at least four feet. 2.58 Systems Cleaner: a person engaged in and who holds himself out as a specialist in the cleaning and pumping of sewage disposal systems and removal of the residues deposited in the operation thereof. 2.59 Systems Contractor: a person engaged in and who holds himself out as a specialist in the installation, renovation, and repair of sewage disposal systems. 2.60 Uniformity coefficient: a value which is the ratio of D 60 to D 10 where D 60 is the soil diameter of which 60% of the soil weight is finer and D 10 is the corresponding value at 10% finer. (A soil having a uniformity coefficient smaller than 4 would be considered "uniform" for purposes of this regulation.) 2.61 Vault: a water-tight, covered receptacle which is designed to receive and store sewage and is accessible for the periodic removal of its contents. 2.62 Wastewater Pond: a designed pond which receives exclusively wastewater from a first stage treatment unit and which provides an additional degree of treatment. 2.63 Water Quality Control Commission: the Commission created by 25-8-201, CRS 6

1973 as amended 1984. 2.64 Waters of the State: any and all surface and subsurface waters which are contained in and flow in or through this State, except waters in sewage systems, water 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 (25-104 (19) CRS 1073). SECTION 3 ADMINISTRATIONS AND ENFORCEMENT 3.1 General Sanitation Requirements: the owner of any structure where people live, work, or congregate shall insure that the structure contains an adequate, convenient, sanitary toilet and sewage disposal system in good working order. Under no condition shall sewage or effluent be permitted to be discharged upon the surface of the ground, or into Waters of the State, unless the sewage or effluent meets the minimum requirements of this regulation or the water quality standards of the Colorado Water Quality Control Commission whichever are applicable. Any person who is aware of a malfunctioning septic system is to report the location of the system to the Department. A. All sewage disposal systems which are designed to utilize a subsurface absorption system shall require a permit from the department. 3.2 Inspection and Right-of-Entry: pursuant to 25-1-506, CRS 1973, as amended, for the purpose of inspection and enforcement of applicable rules, regulations and the terms and conditions of any permit issued, the Health Officer or his designated agent is authorized to enter upon private property for the purpose of determining whether or not individual sewage disposal facilities are functioning in compliance with Article 10 of title 25, CRS 1973 and applicable rules and regulations adopted pursuant thereto. The owner or occupant of every property having an individual sewage disposal system shall permit the Health Officer or his designated agent access to the property to make inspections. If access is denied, the Health Officer or his designated agent may apply to the District Court for an order authorizing entry. 7

3.3 Permit Application Requirements: A. If a drinking water source does not exist on site, a water well or water tap permit shall be obtained before applying for an ISDS permit. A letter from the issuing agency stating preliminary approval may be substituted. B. Any person who wishes to install, alter, or repair an individual sewage disposal system in the jurisdiction of the Northeast Colorado Health Department shall first obtain, prior to commencement of construction, a permit from the Environmental Health Section of the Northeast Colorado Health Department and the following information must be provided in the permit application: 1. Legal description of property. 2. Owner of property 3. Mailing address and telephone number 4. Systems contractor's name, address and phone number. 5. Type of building by use. a. Number of bedrooms (if applicable) b. Automatic washer? Yes No c. Garbage disposal? Yes No d. Number of bathrooms 6. Type of water supply--community, non-community or private. 7. Proposed type of individual sewage disposal system. 8 Size of property. 9. Design of the proposed individual sewage disposal system by a Registered Professional Engineer (when required). 10. Geological reports, when required, by the Department. 11. Such additional information as may be required by the Department. 12. Owner's signature or agent with written permission to sign for the owner. C. Building Site Requirement 1. A permit for an individual sewage disposal system will not be issued unless it meets local county codes. All lots must have a primary septic system plus an alternate site for a replacement of the system and must meet minimum setback as outline in Table II of these regulations. Existing subdivisions and previous exemptions which have been platted, filed and recorded prior to December 1, 1986 are exempt. 8

D. Permit Fees: 1. A permit fee may be charged in accordance with policies established by the board of Health and shall not exceed that which is allowed by 25-10-101 et. Seq. as amended CRS 1973. It shall be required of applicants for new individual sewage systems, payable at the time of application to the Northeast Colorado Health Department. Permit applications and fees are non-refundable and non-transferable. The issuance of a permit does not denote approval of any zoning requirements. A fee waiver may be applied for by volunteer organizations and must be approved by the Board of Health. 2. A permit fee may be charged in accordance with the policies established by the Board of Health for the alteration or repair of an existing individual sewage disposal system. The applicant must fill out the application for an Individual Sewage Disposal System Permit and a final inspection of the completed repairs or alterations must be made by the Health Officer or designated representative with proper notice as specified in Section 3.9 by the applicant. 3. A permit fee may be charged in accordance with the policies established by the Board of Health of applicants for any system that requires only a vault or holding tank with no leaching area. An application for an Individual Sewage Disposal System Permit must be completed by the owner and a final inspection must be made by the Health Officer or designated representative with proper notice as specified in Section 3.9 by the applicant. 4. Owners of sewage disposal systems which are required by the conditions of their permit to submit effluent samples to the Department may pay a fee, in accordance with policies established by the Board of Health. 3.4 Preliminary Investigation: After receiving an application for an individual sewage disposal system permit, a representative of the Department shall visit the site to make a preliminary investigation on behalf of the Department consisting of: A. Inspection of the premises. B. Verification of soil percolation or hydraulic conductivity tests. The owner shall insure that the soil percolation holes and the boring or evacuation shall be staked and identified and left open for inspection, although the 9

holes may be covered by boards or other temporary cover for safety reasons. C. General geological conditions. D. The determination of the suitability of the site and of the proposed design based upon the land use and population density in the area; the use to which the property is to be put; the size of the lot; depth verification of the groundwater table, suitable soil, and depth to bedrock; E. When specific evidence indicates that subsurface conditions exist that may endanger the Waters of the State, additional hydrological, geological, or engineering information provided by a Registered Professional Engineer or Geologist may be requested. This requirement shall not prejudice the right of the Department to develop information from the Department's own sources. F. When in the opinion of the Health Officer or his designated agent, the Department possessed sufficient information to make one or more provisions of this section unnecessary; he may waive all or any part thereof. If sufficient information is unavailable for the evaluation of an application, the Health Officer or his designated agent may require additional tests, including soil percolation tests, of the owner. 3.5 Application Review. After reviewing all required information, the Department may give conditional approval for a permit for the proposed sewage disposal system, or may recommend disapproval of the application and denial of the permit if the proposed system cannot be made to comply with these regulations. The conditional approval shall set forth conditions precedent to the issuance of a permit including effluent testing, cleaning or maintenance schedules, or other special conditions. No permit shall be issued to the applicant or to a subsequent owner until the conditions have been met. Except as provided in 25-10-107, CRS 1973, no permit shall be issued for the following systems unless they are designed by a Registered Professional Engineer and after they have been reviewed and approved by both the Department and CDPHE Water Quality Control Division. A. Systems disposing of effluent into State Waters. B. Systems disposing of effluent upon the ground. C. Systems which service commercial, business, institutions, industry, or multi-family dwellings. D. Absorption fields for which the location cannot meet suitable soil or slope requirements. E. Experimental systems. 10

3.6 Design Capacity Over 3,000 Gallons. A system with a design capacity over a maximum of 3,000 gallons (equivalent of 2,000 average flows) of sewage per day or which discharges effluent into State Waters will require approval from both the Department and the CDPHE Water Quality Control Division. 3.7 Expiration of Permit. The individual sewage disposal permit shall expire one year after its issuance if construction is not commenced. Any change in plans or specifications after the permit has been issued invalidates the permit unless approval is secured from the Department for such changes. Expired permits can only be renewed by payment of the permit fee and only if: A. There has been no change in the plans and specifications of the proposed system as set out in the original application; and B. The surrounding land and its use or zoning have not changed so as to cause the original application not to be acceptable under these regulations. 3.8 Liability of the Department. The issuance of a permit does not constitute assumption by the Department or its employees of liability for the failure of any sewage disposal system, nor act as a certification that the equipment used in the system, or any component thereof, used in its operation insures continued compliance with the provisions of Article 10 of Title 25, CRS 1973, the rules and regulations adopted thereunder of any terms and conditions of a permit. 3.9 Inspections by the Department. The Department shall be notified by the system contractor or owner 48 hours prior to completion of the Individual Sewage Disposal System installation. The Department reserves the right to make a final inspection of all systems before they are covered. The Department may require instead that the systems contractor provide - 1) certification that the system was installed as specified in the permit, 2) certification that the system meets current regulations, and 3) a final plot plan including location and distances of all components of the septic system with reference to the building being served. 3.10 Final Inspections. If upon final inspection of the system the Health Officer or designated representative finds it installed in accordance with these regulations and the permit, the Health Officer or designated representative shall issue final approval for the completed system. If the system has been designed by or constructed under the supervision of a Registered Professional Engineer, the Department shall require an Environmental Health Representative see the site prior to it being covered and that said engineer shall, at this time, certify to the Department by signing off on the permit and furnishing a final plot plan including location and distances of all components of the septic system with reference to the building being served, that construction and installation of the system has been completed in accordance with the terms of the permit and this 11

regulation. If the inspection discloses any significant departure from the description or design of the system as stated in the application and permit, or if any aspect of the system fails to comply with this regulation, approval shall be withheld. Written notice of deficiencies causing the disapproval shall be given to the Systems contractor. Another inspection shall be made upon notification from the Systems Contractor that the deficiencies have been corrected and the system brought into compliance with this regulation. Any further inspections of the system to determine that the system is in compliance may require additional fees in accordance with policies established by the Board of Health. 3.11 Denial of a permit or disapproval of plans: A. Notice of denial: Written notice of the denial of a permit or disapproval of plans shall be served upon the applicant as provided by the Colorado Rules of Civil Procedure or by registered or certified mail, return receipt requested. Service by mail shall be complete upon receipt by the Department of the return receipt. B. Appeal to the Health Officer: Any person who is denied a permit or whose plans for an individual sewage system are disapproved may appeal to the Health Officer as herein provided. C. Variance on appeal: Upon finding that strict enforcement of these regulations would cause undue hardship to the applicant and a further finding that a variance would not be injurious to public health; the Northeast Colorado Board of Health may authorize the issuance of a variance. Variances from the minimum standards set by the Colorado Department of Public Health and Environment may not be permitted for new or expanded systems except as identified in paragraphs E through K below. The burden of proof is upon the applicant to show the variance will not injure adjacent properties, will not conflict with the purposes of these regulations, and will not adversely affect the health of any person. D. Prior to rendering a decision on a variance, a Public Hearing must be held. The hearing shall be the subject of a Public Notice or notice shall be sent via certified mail, with a minimum 20-day reply time from the date of mailing, to all adjacent property owners. The public hearing will be held within 45 days from the date of receipt of the variance request. E. Requests must be accompanied by: a. Site specific request identifying the specific criteria from which the 12

variance is being requested; b. Technical justification by a Colorado Registered Professional Engineer or Professional Geologist, which indicates the specific conditions which exist and/or the measures which will be taken to result in no greater risk than that associated with compliance with the requirements of the regulation. Examples of conditions which exist, measures which might be taken, include but are not limited to the following: evidence of a natural or 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 amendment or replacement to reduce the infiltration rate of the effluent such that the travel time of the effluent from the adsorption field to the physical feature is no less that the travel time through native soils at the prescribed setback; and treatment equivalent to that required to meet National Sanitation Foundation (NSF) Standard 40 be provided. c. A discussion of alternatives considered in lieu of the requested variance. d. Technical support for the selected alternative, which may include a testing program, which confirms that the variance does not increase the risk to public health or the environment; and, e. A statement of the hardship, which creates the necessity for the variance. No variance will be allowed solely for economic gain. F. The applicant has the burden of proof that the variance is justified and will pose no greater risk to public health and the environment than would a system meeting the standard being varied as in part b. above. G. The NCHD Board of Health has the authority to impose requirements and conditions on any variance granted. H. The NCHD Board of Health must hear variance cases and approval of a variance requires a majority vote. I. The applicant shall be notified, in writing, of the decision regarding the request for a variance. The notice of a denial of a variance shall include those reasons which form the basis of denial. The notice of approval shall include any conditions of the approval. The variance, and any conditions thereof shall be recorded on the deed to the property and any expenses associated with that recording shall be the responsibility of the party obtaining the variance. 13

J. Prohibitions on the Granting of Variance Requests i. No variance will be issued to mitigate an error in construction involving an element of property improvements. ii. No variance will be issued where the property can accommodate a conforming ISDS. iii. No variance will be issued which will result in setbacks to an offsite feature which does not conform to the minimum setbacks defined in Table 2 of these Regulations. iv. No variance will be issued which reduces the 4-foot separation to groundwater or bedrock. v. No variance from the horizontal setback from a well shall be given which does not also meet the variance requirements of the Board of Examiners of Water Well Construction and Pump Installation Contractors. 3.12 Community Sewers: Permits to construct, extend or replace an individual sewage disposal system shall be denied if a community sewer is within 400 feet of the applicant's dwelling, and if the municipality or district agrees to provide sewer service. 3.13 Acceptable Design List: The Health Officer shall prepare a list of approved septic tanks, and soil absorption systems, which will receive permits for installation, provided site requirements are met. Manufacturers or designers may request approval of standardized equipment or systems. Approval shall be granted only after submission of such information as may be requested by the Department. Designs that meet all of the requirements of this regulation, certified by the State or the National Sanitation Foundation (for aerobic units and composting toilets) will be included on the list. The list shall be revised periodically and shall be available to any person upon request. Any design may be reviewed by the Health Officer at any time upon reasonable notice to determine if it complies with this regulation. Experimental designs, properly identified as such, which are undergoing testing, must be approved by the Board of Health. 3.14 Designs Other Than Approved. Except for designs or types of systems which have been approved by the Colorado Department of Public Health and Environment, the Board of Health may approve an application for an 14

experimental type system, not otherwise provided for in these regulations, only if the system has been designed by a Registered Professional Engineer, and only if the application provides for the timely installation of a backup system of an approved type in the event of failure of the experimental system. The Board of Health 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. 3.15 Submission of Plans for Proposed Subdivisions: Plans for proposed subdivisions shall be submitted to this Department for the review of proposed sewage disposal systems by an Environmental Health Representative or Registered Professional Engineer in accordance with the requirements of this regulation and the requirements of the City and County regulations under the jurisdiction of the Northeast Colorado Health Department. The Health Officer may require the sub-divider to submit additional engineering or geological reports and to conduct a study of the economic feasibility of the sewage treatment works prior to making recommendation. No plans shall be approved for a proposed subdivision by any of the cities and counties under the jurisdiction of the Northeast Colorado Health Departments unless the Department has made a favorable recommendation regarding the proposed method of sewage disposal. Appeal from an unfavorable recommendation hereunder shall be in accordance with the procedures set out in 3.11. 3.16 Prohibition of Individual Sewage Disposal Systems in Unsuitable Access. The 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 (10) days prior to the hearing, to consider the prohibition of permits for individual sewage disposal systems in defined areas which contain or are subdivided for a density of more than two dwelling units per acre. The 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. In such a hearing, the Health Officer 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. 3.17 General Prohibitions: A. No city or county shall issue to any person a permit to construct or remodel a building or structure which is not serviced by a sewage treatment works, until a permit for an individual sewage disposal system has been issued by the Department. B. No city or county occupancy permit shall be issued to any person for the 15

use of a building which is not serviced by a sewage treatment works until a final inspection of the individual sewage disposal system has been made by the Health Officer or designated representative as provided in 3.10 and the installation has received the approval of the Health Officer or designated representative. C. No individual sewage disposal system presently in use which does not comply with the provisions of this regulation 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 regulation. D. Construction of cesspools is prohibited. E. No more than one dwelling, commercial business, institutional or industrial unit shall be connected to the same individual sewage disposal system except that the additional dwelling, commercial business, institutional or industrial unit will not increase the wastewater flow beyond the permitted system. F. Additional dwelling, commercial business, institutional or industrial unit may be connected temporarily with approval of the County Board of Adjustments and the Department and upon recording such temporary agreement with the County Clerk and Recorder. G. 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 without endangering the public health. An adequate facility is defined as being within 200 feet and under the same ownership. H. No sewage or effluent shall be permitted to be discharged upon the surface of the ground or into State Waters unless the system meets the requirements of sections 6.7 or 6.8 of these regulations. I. Floodplains: No new or expanded system shall be installed in a floodway. When a system is installed in a 100-year floodplain then the new or repaired system shall meet or exceed the requirements of the National Flood Insurance Program. The system as approved by the local Health Officer or his/her designated agent shall be designed to minimize or eliminate infiltration of flood waters into the system, and discharge of the system into the flood waters. 3.18 Repair Permit. The Health Officer or designated representative may issue a repair permit and an emergency use permit to the owner or occupant of 16

property on which a system is malfunctioning. Application for a repair permit shall be made by such owner or occupant to the Department within two business days after receiving notice from the Health Officer or designated representative that the system is malfunctioning or otherwise constitutes a nuisance or hazard to public health. 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 Health Officer or designated representative to insure that it is functioning properly. Concurrently with the issuance of a repair permit, the Health Officer or designated representative 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. It is the intent of the Northeast Colorado Health Department that all systems installed shall meet the requirements of these regulations, except that in instances where strict enforcement of these requirements would create an undue hardship. A request for a variance may be made to the Department in accordance with 3.11 for repair or upgrading of existing systems where the size of the lot precludes adherence to the distance requirements in Table II, the repaired facility shall not be closer to water supply components than the existing system. 3.19 Notice of Violations. Whenever the Health Officer or designated representative determines that there has been a violation of any provision of this regulation, he shall give notice of such violation to the responsible person or persons. Such notice shall be in writing, and shall particularize the violations, provide a reasonable time for correction and shall be addressed to the owner of the property concerned. Service of such notice shall be as provided by the Colorado rules of Civil Procedure or by registered or certified mail, return receipt requested deliverable to addressee only. Service by mail shall be complete upon receipt by the Department of the return receipt. 3.20 Cease and Desist Order. The Health Officer may issue an order to cease and desist from the use of any system which is found by the Health Officer to be malfunctioning or which otherwise constitutes a nuisance or hazard to public health and which has not received the timely repairs in accordance with the provisions of 3.19. 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 of the property on which the system is located and at which the owner may be present with counsel and heard. The order shall require that the owner bring the system into compliance or eliminate the nuisance or hazard within a reasonable period of time, not to exceed thirty (30) days, or thereafter cease and desist from the use of the system. 17

3.21 Regulations of Systems Contractors A. Systems Contractor Licensing Requirements 1. No person, except as in (2) below, shall install, engage in the installation of, or repair an individual sewage disposal system unless he holds a valid Systems Contractor License. Employees of a validly licensed Systems Contractor shall not be required to be licensed. The initial fee for a Systems Contractor License may be charged in accordance with policies established by the board of Health. License shall expire on December 31 of each year and shall be renewed within 30 days prior thereto, and an annual renewal fee may be charged in accordance with policies established by the Board of Health. Application for a Systems Contractor whose license has been revoked may not be considered for at least one year after revocation. 2. Any landowner of record may install an individual sewage disposal system for his own private use, not to exceed one (1) per year, without obtaining a Systems Contractor License. Said landowner's installation shall be subject to inspection by the Department as herein provided and otherwise completed in accordance with these regulations. B. Standard of performance required of holders of Systems Contractor Licenses. 1. Application for Systems Contractor's Licenses or renewals shall be made upon forms supplied by the Department. 2. Prior to the issuance or renewal of a license the Health Officer may require the applicant to demonstrate adequate knowledge of these regulations. 3. Installation, renovation or repair of any individual sewage disposal system shall be in compliance with these regulations and with the conditions set out in the installation permit. 4. Notice of a requested inspection shall be given by the license holder not less than 48 hours before the inspection is to be made. 5. A licensed holder shall have in his possession a copy of the installation permit at the time of final inspection so that final approval may be endorsed upon it. 18

6. If this department cannot complete the evaluation of a septic site, do to the site not being properly prepared, an additional fee of $100.00 will be charged for each additional trip. C. Revocation of a Systems Contractor License 1. A license may be revoked for failure to comply with these regulations or for other good cause shown above. Revocation shall take place only after a hearing before the Health Officer. The license holder shall be given not less than 10 days notice of the hearing and may be represented at the hearing by counsel. 2. Written notice of revocation, particularizing the violations shall be served upon the holder of the Systems Contractor License. Service of notice as required by the Colorado Rules of Civil Procedure, or by registered or certified mail, return receipt requested, deliverable to addressee only. D. The Health Officer shall, from time to time, set qualification standards for licensed Systems Contractors. 3.22 Regulations of Systems Cleaners A. No person shall engage in the cleaning of sewage disposal systems or the transportation of sewage to a disposal site unless he holds a valid Systems Cleaner License. Employees of a validly licensed Systems Cleaner shall not be required to be licensed. The initial fee for a Systems Cleaner License shall be charged in accordance with policies established by the board of Health. Licenses shall expire on December 31 of each year and an annual renewal fee in accordance with policies established by the Board of Health shall be charged. A license which lapses because of failure to renew or is revoked shall be subject to the fee established for new license upon application. Application for a Systems Cleaner whose license has been revoked may not be considered for at lest one year after revocation. B. Standard of Performance for Systems Cleaners 1. A license holder, when cleaning a septic tank or aeration plant, shall remove the liquid, sludge and scum, leaving no more than 3 inches depth of sewage. 2. A license holder shall maintain his equipment so as to insure that no spillage of sewage will occur during transportation, and that his employees are not subjected to undue health hazards. 19

3. The license holder shall dispose of the sewage at a municipal sewage treatment plant or other sites approved by the Board of Health, and shall comply with all other applicable codes and ordinances. Disposal by land application is permitted provided it is done in compliance with the Department regulation for disposal of Domestic Septage. 4. Prior to the issuance or renewal of a license, the Health Officer may require the applicant to demonstrate adequate knowledge of these regulations. C. Revocation of a Systems Cleaner License 1. The procedure as described in 3.21(C) shall be followed for the revocation of a license. 3.23 Maintenance, Cleaning and Effluent Testing Schedules A. In order to insure good working order the following minimum schedule is recommended for all individual sewage disposal systems: Type of Inspection/ Cleaned/ Routine Effluent Treatment Maintenance Pumped Testing Septic Tank Every year Every 4 years Experimental only Vault, Privies Every 4 years As necessary None Aeration Plant Every 6 months every 4 years Not more than 2 times a year B. The owner shall be responsible for the required maintenance and cleaning of his system. Samples may be taken at any time when necessary to implement 3.19 or 3.20 of these regulations. C. In addition to testing results conducted by the Department itself, the Department shall accept, in lieu thereof, results conducted by the Colorado Department of Health and results conducted by a certified laboratory of the owner s choice. D. Tests may be limited to those parameters which are necessary to determine the maintenance of the required standards for the disposal 20

method. E. The owner of a vault shall maintain all pumping receipts for at least 5 years and shall make such receipts as are in the owner's possession available to the Department for review upon written request of the Department. 3.24 Penalties A. Any person who commits any of the following acts or violates any of the provisions of the regulation commits a Class I petty offense, as defined in Section 18-1-107 CRS 1973. B. 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 25-10-106 CRS 1973 or 25-10-105(1)(f) CRS 1973 and these regulations. C. Constructs, alters or installs an individual sewage disposal system in a manner which involves a knowing and material variation from the terms or specifications contained in the application or permit. D. Violates the terms of a Cease and Desist Order which has become final under the terms of 3.20 of this regulation or the terms of 25-10-106(1)(k) CRS 1973. E. Conducts a business as a Systems contractor without having obtained the license provided for in 3.21 of these regulations or provided in 25-10- 108(2) CRS 1973. F. Conducts a business as a Systems Cleaner without having obtained the license provided for in 3.22 of these regulations or provided in 25-10- 108(2) CRS 1973. G. Willfully fails to submit proof of proper maintenance and cleaning of a system as required by rules and regulations adopted pursuant to 3.5, 3.22 or 3.23 or provided for in 25-10-106 CRS 1973. 3.25 Jurisdiction These rules and regulations are promulgated by the Northeast Colorado Board of Health under the authority of 25-10-104(2) CRS 1973. 3.26 Severability If any regulation adopted hereunder or its application to any person or 21