HomeMy WebLinkAboutR14-039 Adopt Eagle County On-site Wastewater Treatment System Regulations Commissioner p s ''u1", moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO,
SITTING AS THE EAGLE COUNTY
BOARD OF HEALTH
RESOLUTION ADOPTING THE EAGLE COUNTY PUBLIC HEALTH AGENCY ON-
SITE WASTEWATER TREATMENT SYSTEM REGULATIONS
RESOLUTION NO. 2014 - o v c1
WHEREAS, the Colorado Water Quality Control Commission("WQCC") adopted On-
Site Wastewater Treatment System Regulation, Regulation 43 (5 CCR 1002-43) ("Regulation
43"), on May 13, 2013 pursuant to the authority provided by the Colorado On-site Wastewater
Treatment System Act, § 25-10-101, et seq. C.R.S. (the "OWTS Act"), effective June 30, 2013;
and
WHEREAS, the purpose of Regulation 43 is to establish the minimum standards for the
location, design, construction, performance, installation, alteration and use of on-site wastewater
treatment systems ("OWTS") within the state of Colorado and to establish the minimum
requirements for regulations adopted by local board 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.
WHEREAS, Regulation 43 additionally contains eighteen "local decision points",
governing technical requirements for OWTS, which are left to the discretion of the local boards
of health to incorporate into their OWTS Regulations; and
WHEREAS, Regulation 43 requires local public health agencies to have their boards of
health promulgate local OWTS regulations by June 30, 2014, that are at least as stringent as
Regulation 43; and
WHEREAS, local board of health may utilize a template prepared by the Water Quality
Control Division("WQCD") for promulgation of local OWTS regulations if the local board of
health chooses to opt-out of certain"local decision points"; and
WHEREAS, an OWTS with a design capacity less than 2,000 gallons per day must
comply with regulations adopted by local board of health pursuant to Regulation 43 and the
OWTS Act; and
•
WHEREAS, within the jurisdiction of the local public health agency, the regulations
promulgated by the local boards of health govern all aspects of OWTS permits, performance,
location, construction, alteration, installation and use.
WHEREAS, the Board of County Commissioners established the Eagle County Public
Health Agency on June 30, 2009 (Eagle County Resolution No. 2009-063); and
V'HEREAS, the Eagle County Public Health Agency organized the agency through the
appointment of the Eagle County Board of Health, whose members are the members of the
Board of County Commissioners; and
WHEREAS, the Eagle County Board of Health promulgated the Eagle County Public
Health Agency OWTS Regulations (the "Eagle County OWTS Regulations") using the template
provided by the WQCD. The Eagle County Board of Health indicated its determination as to the
Regulation 43 "local decision points" on Appendix A, which along with a copy of the Eagle
County OWTS Regulations is hereto attached as Exhibit A, and furthermore indicated all
eighteen `local decision points" on a local regulation review submittal form submitted to the
WQCD attached hereto as Exhibit B; and
WHEREAS, the Eagle County Board of Health submitted the Eagle County OWTS
Regulations to the WQCD for review as required by Regulation 43. The WQCD reviewed said
regulatio s and made certain suggested changes which have been incorporated by the Eagle
County Board of Health. The WQCD furthermore indicated the acceptance of the Eagle County
Public Health Agency OWTS Regulations after making said changes; and
WHEREAS, the Eagle County Board of Health has followed the procedures outlined in
Regulation 43 for the promulgation of local OWTS regulations for Eagle County, and proper
publication and public notice was provided for the hearings before the Eagle County Board of
Health; and
WHEREAS, the Eagle County Board of Health held a public hearing on April 29, 2014
to consider the Eagle County OWTS Regulations, attached hereto as Exhibit A, for adoption by
the Eagle County Board of Health.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO, SITTING
AS THE EAGLE COUNTY BOARD OF HEALTH:
THAT, the Eagle County Board of Health hereby adopts the Eagle County Public Health
Agency OWTS Regulations attached hereto as Exhibit A; and
THAT, the requirements of Regulation 43 and future revisions thereto, are made a part
of the Eagle County OWTS Regulations and shall apply except where identified as an option of
the Eagle!County Public Health Agency or where the Eagle County OWTS Regulations are more
stringent than Regulation 43; and
2
THAT, all aspects of an OWTS including, but not limited to, permits, design,
performance, location, construction, alteration, inspection, maintenance and use shall be as
provided in Regulation 43 and any additional requirements contained in the Eagle County
OWTS Regulations; and
THAT, these Regulations apply to all OWTS in the unincorporated areas of Eagle
County and over all municipal corporations within the territorial limits of Eagle County; and
THAT,the Eagle County Board of Health hereby designates the Eagle County Public
Health Agency, which further designated the Eagle County Department of Environmental Health
to implement the Eagle County OWTS Regulations on behalf of the Board of Health; and
THAT, the Eagle County OWTS Regulations will become effective 45 days after final
adoption unless the WQCD notifies the Eagle County Board of Health before the forty-fifth day
that the Eagle County OWTS Regulations or any portion therein have been determined to be less
stringent than the OWTS Act or Regulation 43; and
THAT, the Eagle County OWTS Regulations shall supersede the on-site wastewater
treatment regulations contained in the Eagle County Land Use Regulations as of the effective
date of the Eagle County OWTS Regulations; and
THAT, the Eagle County Board of Health hereby finds, determines and declares that this
Resolution is necessary for the health, safety and welfare of the citizens of Eagle County.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, sitting as the Eagle County Board of Health at its regular
meeting held the V ) day of 11&4A-■-,t , 2014.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
TTING AS THE EAGLE COUNTY BOARD OF
v°F ' ' :LTH
ATTEST: 1 ?
CY6144. • IMF { '.
Clerk to the Boart of W ""°° J, n . Ryan
County Commissioners ai , an
Sitting as the Eagle County /1 1
Board Of Health �� / I id-
athy Che ler-Henry
U' Co ssion
Sara J. Fisher
Commissioner
3
Commissioner `A -� YI UAL- seconded adoption of the foregoing resolution. The roll
having ben called, the vote was as follows:
Commis ioner Ryan "
Commis ioner Chandler-Hy y ,/1
Commis ioner Fisher Ai,
This resolution passed by / vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
•
4
1
EAGLE COUNTY PUBLIC HEALTH AGENCY
ON-SITE WASTEWATER TREATMENT SYSTEM REGULATIONS
1.1 Title and Authority
These requirements shall be known as the Eagle County Public Health Agency On-site Wastewater
Treatment Systems Regulations (the"Regulations").
These requirements have been adopted by the Eagle County Board of County Commissioners acting as
the Eagle County Board of Health, pursuant to and under authority contained in the On-site Wastewater
Treatment System Act, 25-10-101, et seq. C.R.S. The Eagle County Board of Health has designated the
Eagle County Public Health Agency,which further designated the Eagle County Department of
Environmental Health to implement these Regulations on behalf of the Board of Health.
1.2 Scope and Purpose
A. Declaration
1. These Regulations shall apply to On-site Wastewater Treatment Systems ("OWTS") as
defined in Section 25-10-103(12), C.R.S.
B. Purpose
1. The purpose of these Regulations is to establish the minimum standards for the location,
design,construction, performance, installation, alteration and use of OWTS with a design
capacity less than 2,000 gallons per day within Eagle County.
C. Jurisdiction
1. These Regulations apply to all OWTS in the unincorporated areas of Eagle County and
over all municipal corporations within the territorial limits of Eagle County.
D. Prohibition of OWTS Where Public Sewer Service is Available and Feasible
1. 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.
E. Severability
1. Should any section, clause, or provision of these Regulations be declared by a court of
competent jurisdiction to be invalid, such decision shall not affect the validity of these
Regulations as a whole, or any part thereof other than the part declared to be invalid.
1.3 Incorporation of Regulation 43
A. Included By Reference
1. The requirements of the Colorado Water Quality Control Commission's"On-site
Wastewater Treatment System Regulation, Regulation 43, 5 CCR 1002-43,"and future
revisions thereto ("Regulation 43"), are made a part of these Regulations and shall apply
except where identified as an option of the Eagle County Public Health Agency or where
these Regulations are more stringent than Regulation 43, 5 CCR 1002-43. All aspects of
an OWTS including, but not limited to, permits, design, performance, location,
construction, alteration, inspection, maintenance and use shall be as provided in
Regulation 43 and any additional requirements contained in these Regulations.
E
2. Allowable local options identified in Regulation 43 but not identified in these Regulations
are identified in the attached"Appendix A". Appendix A is made a part of these
Regulations.
B. Excluded
1. Reductions in soil treatment area size or separation distances and wide beds for higher
level treatment units shall not be allowed under these Regulations. All designs must be
based on TL-1 parameters in Regulation 43. Similarly, bed widths are limited to 12 feet
except for repairs. Area or separation distance reductions and wider beds for higher level
treatment can only be allowed in the future, if these Regulations are amended to include
a program of oversight for inspection and maintenance of higher level treatment units.
Amended Regulations must be approved by the Water Quality Control Division in the
Colorado Department of Public Health and Environment.
1.4 Permits and Fees
A. Permits [43.4(B)]
1. Prior to installing,altering, expanding or repairing an OWTS,the applicant must obtain a
permit from the Eagle County Department of Environmental Health. .
2. The permit application must include information identified in section 43.4(B)(3) of
Regulation 43 along with the source of water and tax parcel number,when applicable.
3. An OWTS permit expires 120 days after the date of issuance if construction has not
commenced unless there is an active building permit for the structure to be served by the
OWTS. After expiration of the OWTS or building permit, a new application and fees shall
be required to begin construction.
4. Any change in plans or specifications of the OWTS after the permit has been issued
invalidates the permit unless the permit holder receives written approval from the Eagle
County Department of Environmental Health. After a permit is invalidated, a new
application and fees shall be required to begin construction.
5. Repair permits must identify a reasonable period of time in which the owner must make
repairs.
6. Application for a product development permit may be approved by the Eagle County
Department of Environmental Health consistent with requirements of section 43.4(1) of
Regulation 43.
7. Application for an experimental permit may be approved by the Board of Health
consistent with requirements of section 43.4(J) of Regulation 43.
B. Board of Health Review[43.4(B)(9)]
1. When an application is denied by the Eagle County Department of Environmental Health,
an applicant may request review by the Eagle County Board of Health. Such request for
review by the Eagle County Board of Health must be received by the Public Health
Director within 30 days of the date of the denial. The review will be conducted by the
Eagle County Board of Health at their next regularly scheduled quarterly meeting.
C. Fees[43.4(B)(4) and 43.4(B)(5)]
1. Permit fees and fees for other services and tests associated with OWTS will be set by the
Board of Health, in conformance with section 43.4(B)(4) and(5) of Regulation 43 and 25-
10-107, C.R.S.
D. Surcharge[43.4(B)(5)]
1. Surcharge of$23.00 will be collected for each permit issued by the Eagle County
Department of Environmental Health. Of that fee,the Eagle County Department of
2
Environmental Health will retain three dollars to cover administrative costs and twenty
dollars must be transmitted to the state treasurer.
1.5 Inspections[43.4(E)]
A. Tank[43.9(B)(3)(c)]
1. The applicant or Licensed Systems Contractor must notify the design engineer and the
Eagle County Department of Environmental Health two business days in advance so the
design engineer and/or the Department of Environmental Health can conduct a field
inspection of the septic tank before backfilling. OWTS that are designed by a
Professional Engineer(PE) must be inspected by a PE to certify construction of the
system as designed.
B. OWTS[43.4(F)(3)]
1. The applicant or Licensed Systems Contractor must notify the design engineer and the
Eagle County Department of Environmental Health two business days in advance so the
design engineer and/or the Department of Environmental Health can conduct a final field
inspection of all related components of the OWTS before backfilling. OWTS that are
designed by a Professional Engineer(PE) must be inspected by a PE to certify
construction of the system as designed.
1.6 Licensing
A. Systems Contractors [43.4(L)(1)]
1. No person shall install, renovate, or repair an OWTS without a valid Systems Contractor
License. Employees of a validly licensed Systems Contractor shall not be required to be
licensed separately. The fees for licensing Systems Contractors shall not exceed the
actual costs of licensing by the Eagle County Department of Environmental Health.
Licenses shall expire on December 31 of each year. A license which expires because of
failure to renew or which is revoked shall be subject to the fee established for new
licenses. Application for a new license for a Systems Contractor whose license has been
revoked shall not be considered for at least a year after revocation.
2. Standard of Performance Required of Holders of Systems Contractors License:
a. Applications for Systems Contractors licenses or renewals shall be made upon forms
supplied by the Eagle County Department of Environmental Health.
b. Prior to the issuance or renewal of a license, the Eagle County Department of
Environmental Health may require the applicant to demonstrate adequate knowledge
of these Regulations and standard OWTS installation practices.
c. Installation, renovation, or repair of any OWTS shall be in compliance with these
Regulations and with the conditions set out in the permit. Failure to obtain an OWTS
permit or comply with these Regulations or conditions placed upon OWTS permits
may result in revocation of the Systems Contractor's License.
d. A license holder shall have the OWTS permit posted on the job site or in their
possession at all times during the construction process.
3. Revocation of a Systems Contractor License:
a. A license may be revoked for violation of the applicable provisions of the OWTS Act
and the implementing regulations or for other good cause shown, and after a hearing
before the Board of Health. The license holder shall be given not less than ten (10)
days of notice prior to the hearing and may be represented at the hearing by counsel.
3
b. Written notice of revocation particularizing the violations shall be served upon the
holder of the Systems Contractor license. Service of notice shall in accordance with
the Colorado Rules for Civil Procedure, or in person, or by certified mail, return
receipt requested,deliverable to the addressee only.
c. The Board of Health shall,from time to time, set minimum qualifications for Licensed
Systems Contractors.
B. Systems Cleaners[43.4(L)(3)]
1. No person shall engage in the cleaning of OWTS or the transportation of sewage to a
disposal site unless they possess a valid Systems Cleaner license. Employees of a
validly licensed Systems Cleaner shall not be required to be licensed separately. The
fees for licensing Systems Cleaner shall not exceed the actual costs of licensing by the
local public health agency. Licenses shall expire on December 31 of each year. A
license which expires because of failure to renew or which is revoked shall be subject to
the fee established for new licenses. Application for a new license by a Systems Cleaner
that has been revoked shall not be considered for at least one year after revocation.
2. Standard of Performance for Systems Cleaners:
a. A license holder,when cleaning a septic tank, shall remove the sludge and scum,
leaving no more than three (3) inches depth of sewage in a septic tank.
b. A license holder shall maintain his equipment so as to insure that no spillage of
sewage will occur during transportation.
c. A license holder shall dispose of the collected sewage only at approved facilities.
d. Prior to the issuance of or renewal of a license, the Eagle County Department of
Environmental Health may require the applicant to demonstrate adequate knowledge
these regulations and standard OWTS cleaning standards.
e. Licensed Systems Cleaners submit a report to the Eagle County Department of
Environmental Health within 10 days of cleaning an OWTS. Said report shall include
a site map showing the location of the septic tank access lids measured from at least
two fixed points, and shall include a statement as to the general condition and
functionality of the OWTS and whether any repairs to the system are recommended.
f. The Board of Health may from time to time set minimum qualification standards for
licensed Systems Cleaners.
3. Revocation of Systems Cleaner License:
a. The revocation procedures as described above in paragraph 1.6 (A)(3) of these
Regulations shall be followed for the revocation of a Systems Cleaners license.
1.7 Design Document[43.5(G)]
A. Qualified Professional Engineer Design Required
1. The OWTS design document, report and site plan as well as as-built drawings must be
prepared by a qualified Professional Engineer recognized by the Eagle County
Department of Environmental Health as being competent in designing OWTS.
4
Appendix A
to the Eagle County Public Health Agency
On-site Wastewater Treatment System Regulations
Attached
5
1
1
Appendix A to OWTS Regulations
Local Public Health Agency: Eagle County Public Health Agency
CROSSWALK
ITEM REQUIREMENTS Citation Citation
See Check Box for Decision Chosen. Reg#43 Local Reg
Flow Rate—Residential 75 Gal./Person/Day 11 43.6.A.2.a.
100 Gal./Person/Day ❑ 43.6.A.2.b.
Occupancy—Residential Bedrooms 1 through 3:2 people per bedroom ❑ 43.6.A.2e.
All additional Bedrooms: 1 person per bedroom
All bedrooms: 2 persons per bedroom ® 43.6.A.2.f.
How the number of Bedrooms: number of originally finished bedrooms is the only area
bedrooms in a home will requiring flow estimates.
be defined for flow
requirements If unfinished area is present in house,system must also be sized ❑ 43.6.A.2.h.
for 1 or 2 more bedrooms based on an assumption that 150 square
feet of unfinished space can be converted into a bedroom, if the
space can meet building code requirements for a bedroom.
Effluent Screen May be used (owner's option) ® 43.9.1.1
Required in all new septic tanks ❑ 43.9.1.1.
Length of Distribution Limit the length of distribution lines to a maximum of 100 feet. ❑ 43.10.E.2.c.
Lines(e.g.,trenches or
beds) Distribution lines 100 feet maximum for gravity fed at one end and ® 43.10.E.2.b. &
up to 150 feet if pressure dosed or effluent applied at center of c.
lateral or chamber
Inspection ports at initial Not required ❑
(front)end of distribution
line(e.g., lateral or Required ® 43.10.E.2.f.(3)
chamber)
Variances Allowed ❑
Not Allowed ® 43.4.0.1.
Vault Privies—new Allow new vault privies ® 43.12.E.1
Prohibit new vault privies ❑ 43.12.E.1.a.
Vault Privies-existing Allow continued use of existing vault privies ® 43.12.E.1
Require abandonment of existing vault privies ❑ 43.12.E.1.b.
Pit Privies-new Allow new pit privies ❑ 43.12.E.2.
Prohibit new pit privies ® 43.12.E.2.a.
Pit Privies-existing Allow continued use of existing pit privies ❑ 43.12.E.2.
Require abandonment of existing pit privies @ 43.12.E.2.b.
Slit trenches Allow slit trenches ® 43.12.G.1.
Prohibit slit trenches ❑ 43.12.G.1.
Revised April 2014 Appendix A Page 1 of 1
•
•
•
•
•
i
•
,' Water Quality Control Division 4300 Cherry Creek Drive South, B2
+�
_it Denver,Colorado 80246-1530
Engineering Section CDPHE.WQEngReview @state.co.us
Colorado Department On-site Wastewater Treatment Systems 303-692-6298
of Public Health
and Environment
Local Regulation Review Submittal Form
A.General Information
Complete Regulation Update
Submittal
Type of Submittal Date:
Portions
Modification Modified:
Local Public Health Agency Eagle County Public Health Agency
Name
Submittal Title Eagle County OWTS Regulation Template and Appendix A
County/Counties Covered Eagle
B:Local Public Health Agency(LPHA)Contact Information
Main Contact Name Ray Merry
Title Environmental Health Director
PO Box 179
Address
Eagle, CO 81631
Email ray.merry @eaglecounty.us
Phone (970) 328-8757 I Fax (970) 328-8788
Alternate Contact Name Laura Fawcett
Title Environmental Health Specialist III
PO Box 179
Address
Eagle, CO 81631
Email laura.fawcett @eaglecounty.us
Phone (970) 328-8756 I Fax (970)328-8788
C.Report Submittal Requirements
One copy of any submitted material and an electronic copy(PDF). Send PDF to
CDPHE.WC)EnuReviewPstate.co.us
Local Regulation Format Regulation format consistent with Regulation 43 sections.
(Select appropriate Regulation follows a different section format.
description.) Note: If format is unique,a"cross-walk"must be completed.(See pages 5-6.)
I
Revised December 2013 Local Regulation Review Submittal Form Page 1 of 6
4 -
Local Public Health Agency: Eagle County Public Health Agency
D Decision Points Summary-Local On-site Wastewater Treatment System Regulations CROSSWALK
ITEM ALTERNATIVES Citation Citation
Select Check Box for Decision Chosen. Reg#43 Local Reg
(Only one selection per item. Decisions must
also be identified within the local regulation.)
Same as in Guidelines
Stringency Same as Reg 43 with options below chosen,but ❑ 43.4.A.2.a.
nothing more Stringent than Reg 43.
More Stringent than Reg 43. Specify changes on ISI
separate page 4 of this form as well as options
}} below.
Flow Rate—Residential 75 Gal./Person/Day ® 43.6.A.2.a.
100 Gal./Person/Day ❑ 43.6.A.2.b.
Licensing Systems Contractors Neither(Do not license contractors or cleaners) ❑ 43.4.L
and Systems Cleaners
Systems Contractors only are licensed ❑ 43.4.L.1
Systems Cleaners only are licensed ❑ 43.4.L.3
Both contractors and cleaners are licensed ® 43.4.L.1 and 3
Variances Variances Allowed (Must have a variance ❑ 43.4.O.1.a.&
procedure prescribed within the local regulation.) 2.a.
Variances not allowed ® 43.4.0.1.a
NEW
Occupancy—Residential Bedrooms 1 through 3:2 people per bedroom ❑ 43.6.A.2e.
All additional Bedrooms: 1 person per bedroom
All bedrooms: 2 persons per bedroom ® 43.6.A.2.f.
How the numb of bedrooms in a Bedrooms: number of originally finished
home will be dined for flow bedrooms is only area requiring flow estimates.
requirements
If unfinished area is present in house,system ❑ 43.6.A.2.h.
must also be sized for 1 or 2 more bedrooms
based on an assumption that 150 square feet of
unfinished space can be converted into a
bedroom,if the space can meet building code
requirements for a bedroom.
Effluent Screen May be used (owner's option) ® 43.9.1.1
Required in all new septic tanks ❑ 43.9.1.1.
Length of trenches or beds 100 feet maximum length for any OWTS system ❑ 43.10.E.2.c.
100 feet maximum for gravity fed at one end and ® 43.10.E.2.b.&
up to 150 feet if pressure dosed or effluent applied c.
at center of lateral or chamber
Revised December 2013 Local Regulation Review Submittal Form Page 2 of 6
Local Public Health Agency: Eagle County Public Health Agency
ITEM ALTERNATIVES Citation Citation
Select Check Box for Decision Chosen. Reg#43 Local Reg
(Only one selection per item.)
Inspection ports at initial(front) Not required ❑
end of lateral or chamber
Required ® 43.10.E.2.f.(3)
Vault Privies—new Allow new vault privies ® 43.12.E.1
Prohibit new vault privies ❑ 43.12.E.1.a.
Vault Privies-existing Allow continued use of existing vault privies ® 43.12.E.1
Require abandonment of existing vault privies ❑ 43.12.E.1.b.
Pit Privies-new Allow new pit privies ❑ 43.12.E.2.
Prohibit new pit privies ® 43.12.E.2.a.
Pit Privies-existing Allow continued use of existing pit privies ❑ 43.12.E.2.
Require abandonment of existing pit privies ® 43.12.E.2.b.
Slit trenches Allow slit trenches ® 43.12.G.1.
Prohibit slit trenches ❑ 43.12.G.1.
Wide Beds Width of beds= maximum of12 feet for new,wider ® 43.10.E.2.h.(1)
than 12 feet allowed for repairs
Maximum 12 feet for new,wider than 12 feet ❑ 43.10.1.2.&
allowed for repairs. Wider beds also allowed for 43.10.E.2.h.(1)
new systems, if higher level treatment is used (with
system inspection and maintenance and local
oversight program included in local regulation).
LPHA May Choose to
Implement or Not
Reductions in soil treatment area Allow reductions for higher level treatment. (To ❑ 43.14.D.2.
(STA)size or separation distances allow reductions,local regulation must require
for higher level treatment systems mandatory inspections and maintenance,and local
with mandatory maintenance and public health agency program of inspection and
maintenance oversight maintenance oversight must be in place.)
Reductions in area and separation distances not ® 43.14.D.3.
allowed for higher level treatment systems.
Transfer of Title inspections Required (If transfer of title inspections are ❑ 43.4.M.1.
required, the criteria that inadequate systems must
achieve following repair or replacement must be
specified in local regulation.)
Not required 0 43.4.M.1.
Renewable permit(s) Used in local regulation ❑ 43.4.N.1.
(Specify purpose within local regulation.)
Not used in local regulation
Revised December 2013 Local Regulation Review Submittal Form Page 3 of 6
Local Public tHealth Agency: Eagle County Public Health Agency
Summary of Items More Stringent than Regulation 43
(To Be Completed for All Local Regulations Where More Stringent.)
Local Requirement Citation in Local
Regulatirs 43 Requirement (attach additional information as needed) Regulation
(e.g. section,topic)
43.4(L) Licensing Contractors and Licensing both Contractors and Cleaners 1.6 (A& B)
Cleaners
43.4 (L) Licensing Cleaners To require the cleaners submit a report of their cleaning 1.6 (B)(2)(e)
activities
43.5 (G) Desigrrr Document Requiring that all site evaluations and OWTS designs be 1.7
performed by a PE
i
Please supplement the Summary of Items More Stringent than Regulation 43 on additional sheets as necessary.
Revised December 2013 Local Regulation Review Submittal Form Page 4 of 6
Local Public Health Agency: Eagle County Public Health Agency
Local Regulation Cross-Walk to Regulation 43
(For Local Regulations That Do NOT Follow Regulation 43 Section Outline.)
Regulation 43 Citation in Local
Citation Requirement Regulation
43.1 WQCD
43.2 Scope and Purpose
43.3 Definitions
43.4 Applicability
43.4.A Regulations Adopted by Local Boards of Health
43.4.B Permit Application Requirements and Procedures
43.4.0 Determination
43.4.D Access to Site
43.4.E Inspection Stages
43.4.F Final approval of the permit by the local public health agency
43.4.G WQCD(Division Authority to Administer and Enforce) WQCD role
43.4.H Primary Enforcement Responsibility
43.4.1 Product Development Permit
43.4.J Experimental Systems
43.4.K Prohibition of OWTS in Unsuitable Areas
43.4.L Licensing of Systems Contractors and Systems Cleaners
43.4.M Transfer of Title Inspections
43.4.N Renewable Permits
43.4.0 Variance Procedure
43.4.P General Prohibitions
43.4.0 Cease and Desist Orders
43.4.R Penalties
43.5 Site and Soil Evaluation
43.5.A Site and Soil Evaluation Requirement
43.5.B Preliminary Investigation
43.5.0 Reconnaissance Visit
43.5.D Detailed Soil Investigation
43.5.E Percolation Holes, Profile Holes,and Profile Test Pits Excavations—Marking
43.5.F Report and Site Plan
43.5.G Design Document
43.5.H As-Built Drawings
43.5.1 Site Protection
43.5.J Qualifications for a Competent Technician
43.6 Wastewater Flow and Strength
43.6.A Wastewater Flows
43.6.B Wastewater Strength
43.7 Minimum Distances Between Components of an On-site Wastewater Treatment System
and Physical Features
43.7.A Horizontal Distances,general
43.7.A Reductions in Separation Distances
[If higher level treatment and provisions for operation and maintenance in accordance
with 43.14.D.]
43.7.B Dry Gulches,Cut Banks and Fill Areas
43.7.0 Minimum or Increased Distances
43.7.D Separation Distances to Specific Features
43.8 Design Criteria—General
43.8.A Performance
43.8.B Reliability
43.8.0 Accessibility for Inspection,Maintenance,and Servicing
43.8.D Plumbing Codes
43.8.E Electrical Equipment
43.8.F Indicators of Failure or Malfunctioning for Systems Utilizing Mechanical Apparatus
43.8.G Sampling Access
43.8.H Component Operating Instructions
43.8.1 Surface Activity
43.8.J Floodplains
43.8.K Business,Commercial, Industrial, Institutional or Multi-Family Dwelling Wastewater
Systems
Revised December 2013 Local Regulation Review Submittal Form Page 5 of 6
J ,
Local Public'Health Agency: Eagle County Public Health Agency
Local Regulation Cross-Walk to Regulation 43
(For Local Regulations That Do NOT Follow Regulation 43 Section Outline.)
Regulation 43 . Citation in Local
Citation Requirement Regulation
43.9 Design Criteria—Components
43.9.A Tanks and Vaults
43.9.B Septic Tanks
43.9.0 Abandonment of Tank
43.9.D Pipe Standards and Bedding Requirements
43.9.E Distribution Box
43.9.F Drop Box
43.9.G Stepdown/Relief Line
43.9.H Wastewater Pumping and Dosing Siphon Systems
43.9.1 Effluent Screens
43.9.J Grease Interceptor Tanks
43.10 Design Criteria—Soil Treatment Area
43.10.A Size and Design
43.10.B Conditions Requiring Professional Engineer
43.10.0 Calculation of Infiltrative Surface of Soil Treatment Area
43.10.D Allowable Soil Treatment Area Reductions and Increases
43.10.E Design of Distribution Systems
43.10.F Alternating and Sequencing Zone Systems
43.10.G Dosing
43.10.H Soil Replacement
43.10.1 Repairs
43.11 Design Criteria—Higher Level Treatment Systems
43.11.A General
43.11.B Treatment Levels
[Adequate maintenance required and documented in accordance with 43.14.D.]
43.11.0 Sand Filters
43.11.D Rock Plant Filter(Constructed Wetland)Treatment Before a Soil Treatment Area
43.12 Design Criteria—Other Facilities
43.12.A Separated Toilet Wastes
43.12.B Evapotranspiration and Evapotranspiration/Absorption Systems
43.12.0 Wastewater Ponds
43.12.D Vaults Other Than Vault Privies
43.12.E Privies
43.12.F Incinerating,Composting,and Chemical Toilets
43.12.G Slit Trench Latrine
43.12.H Treatment Systems Other Than Those Discharging Through a Soil Treatment Area or
Sand Filter System
43.13 WQCD(Technology Review and Acceptance) WQCD role
43.14 Operation and Maintenance
43.14.A Responsibility
43.14.B Service Label
43.14.0 Local Regulations for maintenance,practices,submittals
43.14.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
43.14.E Monitoring and Sampling
Please suppler lent the Cross-Walk on additional sheets as necessary (e.g., if smaller portions of sections are separated).
Revised Deceml er 2013 Local Regulation Review Submittal Form Page 6 of 6
