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HomeMy WebLinkAbout950800.tiff 'AM [JdU7.5 1 ORDINANCE NO. 9-E IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS, DELETIONS, AND ADDITIONS, OF CERTAIN SECTIONS, OF THE INDIVIDUAL SEWAGE DISPOSAL SYSTEM REGULATIONS , ORDINANCE NO. 9-A, AS AMENDED BY ORDINANCE NOS . 9-B, 9-C AND 9-D. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY , COLORADO: WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter , is vested with the authority of administering the affairs of Weld County , Colorado, and WHEREAS, the Board of County Commissioners has the power and authority under the Weld county Home Rule Charter and under Article 10 , Title 25 , CRS, to adopt individual sewage disposal system regulations for all areas of the County of Weld, and ' m WHEREAS, the Board of County Commissioners, has previously r adopted Ordinance No. 9-A, with subsequent re-enactments and H w amendments , the Weld County Individual Sewage Disposal System to co Regulations, establishing a comprehensive set of rules and regulations pertaining to individual sewage disposal systems, and z n IC 0 WHEREAS, certain changes have been recommended by the > n, Colorado Department of Health in Ordinance No. 9-D, and the z o Colorado Department of Health, Planning and Standards Section , o z o Water Quality Control Division , has reviewed these amendments and c given approval , and co WHEREAS, the Weld County Board of Health has previously y ,-, reviewed these amendments on October 28 , 1986 , and recommends H H approval, and z rn no WHEREAS , this Board finds and determines that the adoption of r rn the amendments , deletions and additions to the individual Sewage x r Disposal System Regulations is in the best interest of the health , F, safety, and welfare of the citizens of the County of Weld. on .. zI-. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld County, Colorado, that the following 0 provisions of the Weld County Individual Sewage Disposal System 0in Regulations , Weld County Ordinance 9-A, as amended by Weld County z o Ordinances 9-B, 9-C and 9-D, be repealed and re-enacted, with amendments, or deletions, repealed or added as shown in A o "Attachment A" , a copy of which is attached hereto and 0 incorporated herein by reference. O r-' 0 no 0 -4 � . nonnn9E g(/, /- 950800 Page 2 RE: ORDINANCE 9-E If any section , subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held or decided to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion . The Board of County Commissioners hereby declares that it would have passed the Ordinance , and each and every section , subsection , paragraph, sentence, clause and phrase thereof irrespective of the fact that any one or more sections , subsections, paragraphs, sentences, clauses , or phrases might be declared to be unconstitutional and invalid. This Ordinance shall become effective January 1 , 1987. The above and foregoing Ordinance No. 9-D was, on motion duly made and seconded, adopted by the following vote on the 15th day of December, A.D. , 1986. BOARD OF COUNTY COMMISSIONERS AT n cf WELD COUNTY, COLORADO "tj tc 1 N cor k and Recorder a ' 'te' Board CJ cqu i e hnson, Chairman rnco C xl By•s . 7.% u_<,o1 J Go c ,� -Tem .� n e d y County Clerk N zo Z O APPROVED TO FORM: ene R. B ntner a C. 'Ceti y H no L*J H q z rn 03 ao First Reading: November 17 , 1986 ro+ Published: November 20 , 1986 , in the Johnstown Breeze tti Second Reading : December 1 , 1986 a' n Published: December 4 , 1986 , in the Johnstown Breeze xi 1-1 n Final Reading: December 15 , 1986 O Published: December 18 , 1986 , in the Johnstown Breeze 0 Effective: January 1 , 1987 £ o o r e n ON 0 ORD009E a O The following are the specific changes to be inacted by the Board of County Commissioners to facilitate the 1987 Individual Septic Disposal System regulations: Section 2.32 is repealed and re—enacted to read as follows: 2.32 Individual Sewage Disposal System_and_ the terms_' stem"_and_ "I.S.D.S.": where the context so indicates mean an absorption system of any size or flow, or a system or facility for treating, neutralizing, stabilizing or disposing of sewage which is not a part of or connected to a sewage treatment works. Section 2.48 is repealed and re-enacted to read as follows: 2.48 Seepage Bed: or absorption bed means a subsurface soil absorption area which is wider than three (3) feet, together with a system of perforated distribution pipes through which effluent may seep or leach into the soil. Section 3. 1A is repealed and re-enacted to read as follows: A. All sewage disposal systems which are designed to utilize a subsurface absorption system and which have been installed since July 1 1973, shall require a permit from this department. Section 3.2 The first sentence in the paragraph is amended to read as follows: m J00 3.2 Inspection and Right—of-Enna: pursuant to 25-1-506, CRS 1973, as amended, for the purpose of inspection and enforcement of applicable rules, regulations and the terms of conditions of any permit issued, the W A fC Health Officer or his designated agent is authorized to enter upon o private property to determine whether or not individual sewage disposal facilities are functioning in compliance with Article 10 of Title 25, CRS 2 0 1973 and applicable rules and regulations adopted pursuant thereto. (11 me Section 3.3 C 2 is repealed and re-enacted omitting the last sentence of the paragraph: y txi"-- Section 3.5 is repealed and re-enacted to read as follows: rot-, zat raca 3.5 After reviewing all required information, the Department may give conditional approval for a permit for the proposed sewage disposal td system, or it may recommend disapproval of the application and denial of x - the permit if the proposed system cannot be made to comply with these a, 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 O permit shall be issued to the applicant or to a subsequent owner until the conditions have been met. Except as provide in 25-10-107, CRS 1973, u no permits shall be issued for the following systems unless they are c designed by a Registered Professional Engineer and until they have been r reviewed and approved by the Board of Health. n Ow ATTACHMENT "A" 0 o O - Section 3.6 is repealed and re-enacted to read as follows: 3.6 In the case of any system with a design capacity over 2,000 gallons of sewage per day or which is designed to serve 20 or more persons per day, the State Health Department may require its conditional review and approval. Section 3.7 is amended so the the last sentence of the paragraph reads as follows: Expired permits can only be renewed by payment of the permit fee and only if: Section 3. 13 is repealed and re—enacted to read as follows: 3.13 Acceptable Design List: The Health Officer shall prepare a list of approved septic tanks that have been reviewed and approved as per state regulations by the State Health Department. Designs that meet all of the requirements of this review and approval by the State Health Department regulation will be included on the list. The list shall be revised periodically and shall be available to any person upon request. Design by a registered professional engineer is required for all systems other than a standard soil absorption system. Section 3. 15 is repealed and re—enacted to read as follows: „lip 3. 15 Submission of Plans for Proposed Subdivisions: Plans for proposed o subdivisions shall be submitted to this Department for the review of CO co proposed sewage disposal systems by an Environmental Health Specialist or Registered Professional Engineer in accordance with requirements of these n regulations and the requirements of the Weld County Planning Commission. The Health Office may require the subdivider to submit additional o engineering or geological reports or data and to conduct a study of the z m economic feasibility of the sewage treatment works prior to making recommendation. No plans shall receive the approval of the Board of County Commissioners unless the Department has made a favorable 003 recommendation regarding the proposed method of sewage disposal. Appeal from an unfavorable recommendation hereunder shall be in accordance with y m the procedures set out in 3. 11. to zm Section 3. 16 is repealed and re—enacted to read as follows: r � 3. 16 Existing ISDS Review: In the case of an existing ISDS which was to installed and exists without a permit, certain circumstances, such as a referral from the Department of Planning Services, may require evaluation m w to assure compliance with 25-10-111 (6) CRS. The owner of the property shall certify in written form the size of the tank in gallons and the size of the absorption field in square feet as it exists at the time of 0 review. The Health Department staff shall base their evaluation for M in compliance on that submitted documentation. 7n • £ CI o o r O n o � 0 no o Section 3.16A is enacted to read as follows: 3. 16a Prohibition of Individual Sewage Disposal Systems in Unsuitable Areas: 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 Board of Health 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. Section 3. 18 the last sentence in the paragraph is repealed and re-enacted to read as follows: It is the intent of the Weld County Board of Health 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, 'i W a request for a variance may be made to the Department in accordance with 3. 11 m for repair or upgrading of existing systems where the size of the lot L,, precludes adherence to the distance requirements in Table II. .43 co Section 3.22 B 3 B is repealed and re-enacted to read as follows: w b. By disposal at a site designated and recommended by the z c Board of Health and approved by the Weld County Board of Z m Commissioners. hi C9 to CO3 Section 3.22 B 3 c is hereby repealed. cnr Section 3.22 B 4 is repealed and re-enacted to read as follows: H H r zol 4. The licensed systems cleaner shall provide the Department a list of the locations and legal descriptions of all disposal 00 sites utilized for each load transported. This shall be provided monthly. W 4 •• Section 3.23 D is hereby repealed. paw t� Section 3.23 E is repealed and re-enacted as section D. n O Section 3.24 A is repealed and re-enacted as section 3.24 to read as follows: rn Pd Any person who commits any of the following acts or violates any of the £ o0 provisions of these regulations commits a Class I petty offense, as defined in Section 18-1-107, CRS 1973. n Section 3.24 B is repealed and re-enacted as section 3.24 A. o 0 o O � Section 3.24 C is repealed and re-enacted as section 3.24 B Section 3.24 D is repealed and re-enacted as section 3.24 C. Section 3.24 E is repealed and re-enacted as section 3.24 D. Section 3.24 F is repealed and re-enacted as section 3.24 E. Section 3.24 G is repealed and re-enacted as section 3.24 F. Section 4. 1 the last sentence of the paragraph is repealed and re-enacted to read as follows: For calculating the flow for multiple family dwellings and mobile homes, a figure of 3.5 people per dwelling unit or at least 2 persons per bedroom shall be used. In no event may the system be designed so that the anticipated maximum daily sewage flow exceeds the capacity for which the system was designed. Section 4.2 is amended to include on table II footnote i, which reads as follows: i. The set back for slit trench shall be 50 feet. Section 4.4 B is repealed and re-enacted to read as follows: 't W H f+ co B. To allow entry and exit, at least one wall of the test pit shall N w have a maximum slope of forty-five (45) degrees from horizontal, or o w a ladder shall be provided. 7C A FC Section 4.6 B is repealed and re-enacted to read as follows: 'fJ N zo B. The capacity to adequately disperse the designed effluent loading as z o determined by a field percolation rate of between five (5) minutes per inch and 60 minutes per inch or by other approved soil tests. C 03 u, Section 5. 1 A is repealed and re-enacted with the exception of the 6th sentence of the paragraph that sentence is deleted from the section. '-3 N th � Z Section 5.2 B is repealed and re-enacted to read as follows: 03 l] B. The building sewer to septic tank shall be laid with a minimum fall of one-eighth (1/8) inch per foot (1 inch fall per foot is x recommended) . Bends in the building sewer shall be limited to Q ,, forty-five (45) degree ells, or long-sweep quarter bend. The7i 1-1 building sewer installation shall meet all of the requirements of the current Colorado State Plumbing Code, or such local Code as may O be in force. The inlet and outlet pipes shall be grouted and sealed with waterproof materials. xfo Section 5.3 B is repealed and re-enacted to read as follows: o r B. For a three or more family dwelling, industrial, commercial, or C7 institutional unit, the minimum capacity shall permit retention of 0 cn incoming sewage for thirty (30) hours at 150% of the estimated daily o average flow, but in no case shall there be less than 1,000 gallons 0 0 capacity. Section 5.8 B 2 is repealed and re-enacted to read as follows: 2. The distributors and underdrain, if required by the Health Officer, or Registered Professional Engineer, shall be surrounded by coarse, screened gravel or crushed stone. Fine gravel, not more than one-fourth (4) inch, may be used above and around the coarse material, both at the distributor and at the underdrains. Section 5.8 C 2 is repealed and re-enacted to read as follows: 2. Dosing tanks shall be provided where the total filter area exceeds 1800 square feet and the distributors shall be laid accurately to grade after the filter sand has been thoroughly settled by flooding or other means. Where dosing tanks are used, the distributors shall be laid to 0.3% grade; otherwise, they shall be laid to a grade of 0.5%. Section 7.4 the first sentence is repealed and re-enacted to read as follows: Other treatment systems are those which do not employ soil/sand absorption or filtration. Section 8 is repealed and re-enacted to read as follows: N m H H SECTION VIII: -EFFLUENT DISCHARGED DIRECTLY TO WATERS OF THE STATEco H N W roo Any system which will dispose of effluent by discharging into state waters shall be designed by a Registered Professional Engineer. The Site ry tti Application for such a system shall first be reviewed by the local Board n of Health. The Site Application shall be forwarded to the Water Quality io Control Division in accordance with the current Site Application z o procedures prescribed by the Division for consideration of site location Z o and issuance of a discharge permit. "i -i tdul CO tTJ tn [n j H N tlJ � H zCTN nCO x w 7, H ti, n 0 t7 t9 tn. zio o 0 r ry n O -i 0 no 0 AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO i ss COUNTY OF WELD I, Clyde Briggs, do solemnly swear that I am publisher of The .Johnstown Breeze: that the same is a weekly newspaper °ROMAN:! NO. WI printed, in whole or in part, and published IN THE MATTER OF THE REPEAL AND RE-ENACTMENT WITH in the County of Weld, State of Colorado, AMENDMENT% DELETIONS, AND ADDITIONS, OF CERTAIN SECTIONS OF THE INDIVIDUAL SEWAGE DISPOSAL SYSTEM and has a general circulation therein; that REGULATIONS,ORDINANCE NO.9-A,AS AMENDED BY ORDINANCE said newspaper has been published Nos.s B,9-c AND 9-D.. continuously and uninterruptedly in said BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF County of Weld for a period of more than WELD COUNTY, COLORADO fifty-two consecutive weeks prior to the WHEREAS, the t to of County Commissioners and ofWeld WelCounty. County, Colorado, pursuant to Colorado statute and the Wert Counry Home first publication of the annexed legal notice Rule Charter,is vested with the authority of administering the affairs of or advertisement; that said newspaper has Weld WHEREAS,the Colorado,r and been admitted to the United States mails as t Board oflinty County Commissioners has the power and authority under the Weld County Home Flub Charter and under Article second-class matter under the provisions of 10, Title 25, CRS, to adopt individual sewn a disposal system the Act of March 3, 1879, or any regulations for all areas of the county of We�e,.and amendments thereof, and that said WHEREAS the Board of County Commissioner% has previously adopted Ordinance No. 9-A, with su sent reenactments and newspaper is a weekly newspaper duly amendments, the Weld County Individuaua i Sewage Disposal System qualified for publishing legal notices and R aining to Individual ewagereispos l systemet of ,rules and regulations advertisements within the meaning of the. pertaining to Individual sewage disposal systems, and WHEREAS, certain changes have been recommended by the laws of the State of Colorado. Colorado Department. of Health in Ordinance No. 9-D, and the That the annexed legal notice or advertise- Water Colorado Department of h Planning and Standards aen section ment was published in the regular and Quality Control Division, has reviewed these amendmentsand given approval, and entire issue of every number of-said weekly WHEREAS, the Weld County Board of Health has prevlowty newspaper for the period of .l.... consecu- revlewedtheseemendmentaonOctober23, 193&end recommends tive insertions; and that the first approval, and publication of said notice was in the issue of said newspaper dated I4dg A.D. 1yt6 and that the last publication of said notice • was in the issue of said newspaper dated , A.D. 19 In witness when of I have hereunto set my hand ti1is A.D. 199'6 Publisher Subscribed and sworn to before me, a Notary Public in and for the County of W9-10, State of Colorado this of .z,A.11. 19 ,.. Notary Public. My commission expires .............. ,....::.,.: -- • 14 — Breeze, Nov. 20, 1988 . Section 3.23 E is repealed and re-enacted as"section D. Section 3.24 A is repealed and re-enacted ap section 3.24 to read as follows: .. Any person who commits any of the following acts or violates any of the provisions of these regulations commits a Class I petty offense,as defined in Section 18-1-107, CRS 1973. Section 3.24 B is repealed and re-enacted as section 3.24 A. Section 3.24 C is repealed and re-enacted as section 3.24 B Section 3.24 D is repealed and re-enacted as section 3.24 C. ' Section 3.24 E is repealed'and re-enated as section 3.24 D. Section 3.24 F is 4epealed and re-enacted as section 3.24 E. Section 3.24 G is repealed and re-enacted as section 3.24 F. Section 4.1 the last sentence of a paragraph is repealed and re- enacted to read,as follows: • For calculating the flow for multiple family dwellings and mobile homes, a figure of 3.5 people per dwelling unit or at least 2 persons per bedroom shall be used. In no event may_the system be designed so that the anticipated-maximum daily sewage flow exceeds the capacity for which the system was designed. Section.4.2 is amended to include on table II footnote i. which reads as follows: i. The set back for slit trench shall be 50 feet. Section 4.4 B is repealed and re-enacted to read as follows: B.To allow entry and exit,at least one wall of the lest pit shall have a maximum slope of forty-live(45)degrees from horizontal,or a ladder shall be provided. Section 4.6 B is repealed and re-enacted to read as follows: B.The capacity to adequately disperse the designed effluent loading as determined by a field percolation rate of between five(5) minutes per inch and 60 minutes per inch or by other approved soil tests. _ Section 5.1 A is repealed and re-enacted with the exception of the 6th sentence of a paragraph that sentence is deleted from the section. Section 5.2 B is repealed and re-enacted to read as follows: , B.The building sear to septic tank shall be laid with a Minimum fall of one-eighth(1/8) inch per foot p/.inch fall per foot is recommended). Bends in the building sewer shall be limited to forty-five(45) degree ells,or long-sweep quarter bend. The building sewer installation shall meel.all of the requirements of the current Colorado State Plumbing ' Code,or such local Code as may be in force.The inlet and outlet pipes shall be grouted and sealed with waterproof material' ' gection 5.3 B,is repealed and re-enacted to read as ows: • B. For a three or more family dwelling, industrial, c ercial, or institutional unit, the minimum capacity shalt permit ntion of incoming sewage for thirty(30)hours at 150%of the e ted daily average flow. but in no case shall there be less than t gallons capacity. Section 5.8 B 2 is repealed and re-enacted to read es 'follows: ". 2.The distributors and underdrain. if required by the Health Officer, or Registered Professional Engineer, shall be surrounded by coarse, screened gravel or crushed stone. Fine gravel,,not more than one- fourth ('4) inch, may be used above and around the coarse material, both at the distributor and at the underdrains. Section 5.8 C 2 is repealed and re-enacted to read as follows: 2.Dosing tanlfs shall be provided where the total filter area exceeds 1800 square feet and the distributors shall be laid accurately to grade after the filter sand has been thoroughly settled by flooding or other means. Whereidosing tanks are use*the distributors shall be laid to a3% grade: otherwisea,�' shall•be-laid—to, Section 7.4 the first sentence is repealed and re-enacted to real r follows: Other treatment systems are those which do not employ soil/send absorption or filtration. Section 8 is repealed and re-enacted to read as follows: SECTION VIII: EFFLUENT DISCHARGED DIRECTLY TO WATERS OF THE STATE Any system which will dispose of effluent by discharging into state waters shall be designed by a Registered Professional Engineer.The Site Application for such a system shall first be reviewed by the local Board of Health.The Site Application shall be forwarded to the Wier Quality Control Division in accordance with the current Site Application procedures prescribed by the Division for consideration of site location ,nd issuance of a discharge permit. If any section,subsection,paragraph,sentence,clause or phrase of this Ordinance is for any reason held or decided to be invalid or unconstitutional, such decision shall not affect the validity of,the remaining portion. The Board of County Commissioners hereby • declares that it would have passed the Ordinance,and each and= section, subsection paragraph, sentence, clause and phrase t irrespectNe of-the fact that any one or more sections, subsection. paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional and Invalid. This Ordinance shall become effective January 1, 1987. The above and foregoing Ordinance No. 9-D was, on motion duly made and seconded,adopted by the following vote on the---day of December, A.D., 1986. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORAOC Jacqueline Johnson, Chairman Gordon E. Lacy, Pro-Tem- . Gene R. Brantner C. W. Kirby Frank Yamaguchi AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREUE STATE OF COLORADO Ss COUNTY OF WELD I, Clyde Briggs, do solemnly swear that I am publisher of The Johnstown Breeze; that the same is a weekly newspaper printed, in whole or in part, and published in the County of Weld, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Weld for a period of more than fifty-two consecutive weeks prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, Itt79, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertise- ment was published in the regular and entire issue of every number of said weekly newspaper for the period of / consecu- tive insertions; and that the first publication of said notice was in the issue of said newspaper dated Noy 20 A.D. BIC, and that the last publication of said notice was in the issue of said newspaper dated A.D. 19 In witness whereof I have hereunto set my hand this 2 6 day of •a- .Al). 19.£?6'" 7 7 Publisher Subscribed and sworn to before me, a Notary Public in and for the county of Weld, State of Colot.:ifio, this .'X& day of Nn/ A.D. 19 CAR/hi \Notary Public th6hi My commission expires _ ATTEST: • Weld County Clerk and Recorder and Clerk to the Board By: Deputy County Clerk APPROVED AS TO FORM: ' Deputy County Clerk APPROVED AS TO FORM: • First Reading: November.17, 19881he Johnstown Breeze Published: November 20, 1986, in Second Reading: December 1, 1986 -- — Published: December 4, 1986, in the Johnstown Breeze Final-Reading December 15, 1986 WHEREAS,this Board fir '-and determines that the adoption of the Published: December 18, 1988, in the Johnstown Breeze amendments, deletions additions to- the Individual Sewage Disposal System Regulat ie in the best interest of the health, Effective: January 1, 1987 safety, and welfare of tin citizens of the County of Weld. NOW, THEREFORE, BE IT r ORDAINED Eby the Board Of County Commissioners of Weld County,'�olorado,that the fpfawine provisions - of the Weld-County Individual Siewage Disposal System egulations, -9 B, 9-C and 9-D be e repealed ep aced antl rmene-ened acted,Idwit damendments.esor ' which s attached herealed or to°d andsnc incorporated herein"Attachment byAreference.'of - - ' The following are the specific changes to be(noted by the Board of County Commissioners to facilitate the 1987 Individual Septic - Disposal System regulations: - Section 282 is repealed and re-enacted to read as follows: 2.32 Individual Sewage Disposal System and 'the terms DDD(DAtfeP NO. S+S System" and"I.S.D.S.":where the context so indicates mean an absorption system of any size or flow, or a system or facility for IN THE MATTER QF T REPEAL AND RE-ENACTMENT, WITH treating,neutralizing,stabilizing sewage of sewage which is not a /�p�7IONS, OF CERTAIN part of or corrected to a sewage treatment works AMENDMENTS, L S AND Y1941{E DISPOSAL SYSTEM SECTIONS, OF N NC 9 SE Section 2.48 is repealed and re-enacted to read as follows: . REGULATIONS, NR S-0.AS AMENDED BY ORDINANCE NOS. 9-B, 9-C &D. 2.48 Seepage Bed: or absorption bed means a subsurface soil BE IT ORDAINED BY-THE BOARD OF COUNTY COMMISSIONERS OF absorption area which is wider than three (3) feet together with a system of perforated distribution pipes through which effluent may WELD COUNTY, COLORADO: seep or leach into the soil. . WHEREAS, the t Board o Colorado statute iissd theers of Wed County Homd e section 3.1A is repealed and re-enacted to read as follows: Colorado, A. All sewage disposal systems which are designed to utilize a , Rule Charter,is vested with-the authority of administering the affairs of Weld County. Colorado, and subsurface absorption system and which-have been installed since July 1, 1973, shall require a permit from this department WHEREAS,the Board of County Commissioners has the power and authority under the Weld County Home Rule Charter and under Article Section 3.2 The first sentence in the paragraph is amended to read as 10, Title 25, CRS, to adopt Individual sewage disposal system follows:regulations for Itel areas of the County of Weld, andto WHEREAS, the Board of County Commissioners, has previously 193. ;Inspectionamended, and Right-athe purpose of i pursuant n enffrcem CRS 1973;as amended,for the purpose of inspection and-enforcement of adopted Ordinance No. 9-A, with subsequent re-enactmentts l and applicable rules, regulations and the terms of conditions of any permit amendments, the Weld County Individual Sewage Disposel System issued, the Health Officer or his designated agent is authorized to Regulations,establishing&.comprehensive set rules and regulations enter uoon orivate orooerty to determine whether or''not individual pertaining to individual sewage disposal systems, and. - sewage disposal facilities are functioning in compliance With Article 10 of Title 25,CRS 1973 and applicable rules and regulations adopted WHEREAS, certain changes have been recommended by the Colorado Department of Health in Ordinance No. 9-D..and the pursuant thereto. Colorado Department of Health, Planningdad. SStandards Sestand Section 3,3 C 2 is repealed and re-enacted omitting the last sentence Water Quality Control Division, of the paragraph: given approval, and - • the Weld County Board of Health has previously Section 3.5 is repealetl and re-enactetl to read as follows: WHEREAS, 3.5 After reviewing all required information, the Department may give reviewed these amendments on October 28, 1986, and recommends approval, and conditional approval for a permit for the proposed sewage disposal system,or it may recommend disapproya l of the application and denial of the permit if the proposed system dannot 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 provide.in 25-10-107, CRS 1973,no permits shall be issued for the following systems unless they hare ave beened re by Registered approved by the Bard of Healineer and th,ntil they ATTACHMENT "A", Section 3.6 is repealed and re-enacted to read as follows:ii 3.16& PrebibIllia of bidet Sewage Dispose( Systems M 3.6 In the case of any system with a design capacity over 2,000 .Unsuitable Areas The Beard of Health may conduct a public gallons of sewage per daffy or which is designed to serve 20 or more - —.,hearing after written notice to all affected property owners as shown in persons per day, the State.Health Department may;require its the records of the County Assessor and Publication of Notice in conditional review and approval. newspaper of general circulation, at least ten (10) days prior to the. - hearing, to consider the prohibition of permits for individual sewage Section 3.7 is amended so the last sentence of the paragraph reads disposal systems in defined areas which contain or are subdivided for as follows: a density of more than two dwelling units per acre. The Board of - - Health may order such prohibition upon a finding that the construction Expired permits can only be renewed by payment of the permit fee and use of additional -individual sewage disposal systems in the and only if: defined area will constitute saand td the public health. In such a' hearing,.the Board of Heagffrrl8y reddest affected property owners to Section 3.13 is repealed and re-enacted to read'as follows ,,,- submit engineering and geological reports concerning the defined area and to provide a study of the economic feasibility of constructing_ 3.13 Acceptable Design List:The Health Officer shall prepare a list a sewage treatment works. of approved septic tanks that have been reviewed and approved as _ per state regulations by the-State Health Department. Designs that Section 3.18 the last sentence in the paragraph is repealed and re- meet all of the-requirements of this review and approval by the State enacted to read as follows: Health Department regulation will be included on the list.The list shall be revised periodical and shall be available to any person upon It is me intent of the Weld County Board of Health that all s lams request Design by the registered professional engineer is required for installed shall.meet the requirements of these regulations,except that all-systems other than a standard soil absorption system. in instances where strict enforcement of these requirements-would ' create an undue hardship, a request for a variance may be made to Section 3.15 is repealed and re-enacted to read as follows: the Department in accordance with-3.11 for repair or upgrading of existing systems where the size of the lot precludes adherence to the 9.16 Submission of Plans for Proposed Subdivisions: Plans for distance requirements in Table II. proposed subdivisions shall be submitted to this Department for the • review of proposed sewage disposal systems by an Environmental Section 3.22 B 3 B is repealed and re-enacted to read as follows: Health Specialist or Registered Professional Engineer in accordance • with requirements of these regulations and the requirements of the b. By disposal at a site designated and recommended by the Board Weld County Planning Commission.The Health Office may,require the of Health and approved by the Weld County Board of Commissioners. -' subdivider to submit additional engineering or geological reports or data and to conduct a study of the economic feasibility of the sewage Section 3.22 B 3 c •is hereby repealed treatment works prior to making recommendation. No plans shall receive the approval of the Board of County Commissioners unless the Section 3.22 B 4 is repealed and re-enacted to read-as follows: Department has made a favorable recommendation regarding the- proposed method of sewage disposal. Appeal from an unfavorable -4.The licensed systems cleaner shall provide the Departments list • recommendation hereunder shall be in accordance with the of the locations and legal descriptions of all disposal sites utilized for procedures set out ih 3.11. each load transported. This--dhall be provided monthly. Section 3.16 is repealed and re-enacted to read as follows: Section 3.23 0 Is hereby repealed. • - 3.16 Sailing(SOS Review: In the case of an existing ISDS which - waa installed and exists vin-without a permit,certain circumstances,such as a referral from the Department of Planning Services, may require evaluation t0 assure compliance with 25-10-111 (6)CRS.The owner of the property shall certify in written form the size of the tank in gallons and the sued the absorption field in square feet as it exists at the or°compliance review.The on Health tat submitted documentation. lioerese their evaluation • • - Section 3.16A is enacted to read as follows: - WHEREAS,this Boerd finds and determiners that the adoption of the amendments, deletions and addition to the Individual Sewage Diegarall6Yerma Rgetiatione Wart the billet interest of the health, edgy, lirM welfare df 1W citizens gof ate County of Wed. NOW, THEREFORtad*. i11NED r tine-Board d County Commissioners of the,Sgysetoer is proNslons of the Weld CountyDisposal&stern Regulations, Weld County Ordinan �pdderaser w County Ordinances 9.8, 9-C and'9-D, W in tad with amendments, or.. deletions,repeated or added as shown In`Attachment A",a copy of which is attached hello and generated,herein by reference. The following are the specific change to be Inacted by the Board of County Commissioners to facilitate the .1967 Individual Septic Disposal System regulations: Section 2.32 is repealed and re-enacted to read as follows: 2.22 Individual Sera's Disposal System end the- tense "System"and"1.S.O.t':where the context so indicates mean an absorption system of any size or flow„or a system or facility for treating,neutralizing,stabilizing or disposing ofsewage which is not a part;of or connected to-a sewage treatment works. Section 2.48 is repealed and re-enacted to read as follows: 2.4$ Seepage bode or absorption bed means,a subsurface soil absoorptlon area which Is wider than three (3) feet, together with a system of perforated distribution pipes through which,effluent may seep or leach into the soil Section,3.1A is repealed and re-enacted to read as follows: ft All sewage disposal systems which are designed to utilize a cages face absorption system and which have been installed since Jay t,;1973, shall require a permit from this department }i(stlan 3.2 The first sentence in the paragraph is amended to read as Aash inspection end Right-ehtntryr pursuant to 25-1.506, CRS 1973,as amended,for the purpose of Inspection and enforcement of applicable roles,regulations and the terms of conditions of any permit Ipwd, the h Health Officer or his designated.anent,is authorized to el esiwa9e-disposal facii ties are fudr determine i� or compliance withdArticle 10 of Title 25,CRS 1973 andapplicable rules and reggretionsedopted pursuant thereto. Section 333 eC is repealed and re-enacted omittlnd this last of eat r2 Section.3.5.Is repealed and re-enacted to read 4,9dllows: F - 3.5 After rev awing all required information,the Dd�engt may give conditions tapproval for.a permit for the proposed a di it/stern,or it y recommend disapproval of the application a snial of the permit If the proposed system cannot be made to co with these legulaffona The conditional approval shall set forth con trona precedent to the Issuance of a permit including effluent testing, cleaning orsm(naintenance schedules,or other spacial conditions.:No �'eiia)fbe issued to the applicant or to a subs t owner until millions have bean met EElxcept s provide in. 10.107,CRS no permits shall be issued fo r the feigning s unless they ed signed by a Registered Professional Engineer and until they haw been reviewed and approved by the Board of Health. ATTACHMENT "A Section 3.6 is repealed and re-enacted.to read as follows: 3.6 In the case of any system with a design capacity over 2,000 gatens.of sewage per day or which is designed to serve 20 or more persons per day, the State Health Department may require its eerrolticnal review and approval Season 3.T is amended so the last**Mega of the paragraph reads. as follows: . Expired permits can only be renewed by payment of the permit fee and only It _ _ . , Section 3.13 is repealed and reenacted to read as follows:. • 3.13 Acceptable Design Listi he Health Officer shall prepare a list of approved septic tanks that,have boon reviewed and approved as per state reputations by the state Health Department Desire that meet all of the requirements of this review and ob y the Wealth lt Department periodically t"r indurted n end.Tics flM;aall be d shall be marl s" mega MmHg Design that peg stead prdfaubnal engineer kmluired lid ell systems *HWY INA'a standard sell absorption.system. r pea '`an to read as folieWs: Section 3.16 Is aPsat'ed end�enaC@d S.1$SebealeeMa ofp1aae t'er�Subdkdelenat Plasm the for P regogild subdivisions Aimed*sub to this Depenmst sewage systems an Environmental Health Semiaridigen of proposed Registered, WMnai tEnginee m accordance WWpfeall�County Manes of Cosimise Health thin reggetions $ tO reqreeuirementuire ill .. dermilmIWIller to sbelli astudy f engineering Cfffeasibility of the sewage treatment woorpkrspvaallprior to trip redo ndago CoundCaTimissi0oreN plane ssa ell receive the e4ho of see r9ferre the Prcpaced method of shaltMegabe in from an :unfavorable recommendation hereunder ;half 1s, accordance with the procedures set out In:3.11. Section 3,16 is repealed and re-enwled to read as follows: 1$telN 0$ing ISM Pevisen In the dill of an existing'•ISDS which was Installed end edge without a permit,certain circumstances,such as a referrer*from the Department of!Manning Services,may require evaluation to assure compliance with 25.10.111(0)CRS.The owner of the property shall certify in written form the size of the tank in gallons and the size of the absorption field in square feet as It exists at the �oemptiang on Mg el review.The Health submitted - f their evaluation Section 3.18A is enacted to road as,follows 3.18aPreldeltion of• Individual Singe Bich el Usrebar Is IMeulteMo Areas The Board of Health may conduct a public hearing after written notice to all affected properly owners as shown ilk the records of the County Assessor.end Pubeeidlon of Notice in a newspaper of general elrcuktllEoBnl, at least tot (10)Individual drys prior to the to e disease]systems In defined�aareas width contain or are subdivided fo a density of more than tiro dwelling units per acre. The Board of Health may order such prohibition'upon a Th .- that the constriletIon and use of additional individual sewage disposal %Men* In the defined area will constitute a hazard to the public health. In such a heasubmit ngmserinoard°fan t concerning y�monad area and to provide a atti et the economic feselbility of constructing -a sewage treatment works.. ' - Section 3.18 the last sentence in the paragraph M.repealed and re- enacted to read as follows It is the intent of the Weld..County Board of Health that all systems installed shell meet the requirements of these regulations,except that In Instanceswhere strict enforcement of these requirements would create an undue har:chSvariance a request for a may be made-to the Department in eGcordsnes with 8.11 for repair or•upgrading of -existing systems where the size of the lot precludes adherents to the distance requirements M Table II. • Section 7.4 the first sentence is repealed and re-enacted to read as Section 3.22 B 3 8 la repealed and re-anaotad to reed as fellows: Section b.By disposal at a site designated and recommended by the Beard Other treatment are those which do not employ soil/sand at Health and approved by the Weld County Board of CommlesIoHare. . absorption or filtration.systemsii- - Section 3.22 B 3 q is hereby repp_ _.& - Section a is repealed an& re-enacted to.read as follows: Section.322 B 4 la repealed anti reeneeted to read as follows- • SECTION VIII: EFFLUENT DISCHARGED DIRECTLY TO WATERS OF thea W - THE STATE 4.The ations �yatemo c n etry pall-MDepartment— e the load tract sold 1agW da G¢Itl.be of bdUDO a e* a`illZed '`/ Any system which will dispose of.effluent by•discharging into state each tranaperteed°alTnla shall M, inane*-.. waters shall be designed by a Registered Professional Engineer.The Site Application for such a system shall first be•reviewed by the local 9oction 3.23 D la hereby:repealed . Board of Health.The Site Application shall be forwarded to the Water Appli ationopr cedures�prescribed by r theODivision fordane with s consderation�of site location and Issuance of a discharge p„mit. te If any section,subsection, paragraph,sentence,clause or phrase of thisoOrdinancel Bsuch d cis on shaln ld not`afect decided he 0ve validity invalid the - •--- remaining portion. The Board of County Commissioners hereby declares that it would have passed the Ordinance,and each and every section, subsection, paragraph, seonteenc, cl or ause seaand dnphrase ebseher subsections, irrespective 01 the fact that any Section 3.23 E repealed and•re-enacted as section D. unspoctiutio unconstitutional fact thatses, or phrases might be declared to be dd. Section 3.24 A is repealed and reenacted as section 3.24 to read as This Ordinance shall become effective January 1, 1987. - follAws: .".., The above and foregoing Ordinance No. 9-D was, on motion duly Any person i who 18-1-s a of the following acts or violates any o anyOmade and seconded,adopted by the following vote on the-15th-day the proWalons of these regulations commits a lace I petty offense,as of'December, A.D., 1986. , defined in Section 16-1-107, CRS 1973. BOARD OF COUNTY COMMISSIONERS Section 3.24 B Is repealed arid re-enacted as section 3.24 A - WELD COUNTY, COLORADO Section 3.24 C is repealed and re-enacted as section 3.24 B Jacqueline Johnson, Section 3.24 D is repealed and re-enacted as section 3.24 C. Chairman m Section 3.24 E is repealed and rented as section 3.24 D. Gordon B. Lacy, hairTa Section 3.24 F is repealed and re-enacted as section 3.24 E Gene R. Brantner Section 3.24 G is repealed and re-enacted as section 3.24 F. C. W. Kirby Section'4.1 the last sentence of a paragraph is repealed and re- Frank Yamaguchi enacted to read as follows: ATTEST: Mary Ann Feueratein • For calculating the flow for multiple family dwellings and mobile ;, pernbedroomushall be used peoplelIn no per event may the system be dunit or at least 2 ersons F... so that the anticipated maximum daily sewage flow excite:MMhrss 1 capacity for which the system was designed. • Section 4.2 is amended to include on table II footnote I,which reads and R Weld Oecprdtyer aCnd as follows: to the Board a;... L The set back for slit trench shall be 50 feet. Clerk Board Section 4.4-8 is repealed and re-enacted to read.as follows Byntuna Deputy: Tommie County Clerk B.To allow entry and exit,at least one wall of the test pit shall have yED AS TO FORM: , a maximum slope of forty-five(45).degrees from horizontal,or a ladder gAPpppOPRO O. David shall be provided. Section 4.8 fi is repealed and re-enacted to read as follows • First Reading: 17, ttre�the Johnstown Breeze B.The capacity yto adequately disperse the designed effluent loading First e November November 1988, • per InchhmanddGO minute percolation s per inch or by e oth��pp�e6soil tests. - P . n of the 6th Second Reading: December 1, nenthe Johnstown.Breeze Section 6:.1 A b repealed and re-enacted with the exception Published December 4, 1984 sentence of a paragraph that sentence is deleted from the section. Final Reading: Debember,19, 1988inthe Johnstown Breeze Section 5.2 8 is repealed and re-enacted to read as follows Published: December December leer 888, • B.The building sewer to septic tank shell he laid witty a ommen tall aEMaetNe: January 1, 1987 ' - of one-eighth alingsewer-shall` — be.limite inch fell d to foot oortyfi 145 ells,or long-sweep quarter bend.The building sewer costa lac shall meet all of the requirements of the current Colorado State Plumbing shall,be grouttedsanndd sealed withwith wats�oofofematenenals.outNt pipes Section 5.3 B-is repealed and re-enacted to read as follows: B. For a.-three or.more family dwelling, industrial, commercial, or institutional -unit, forethiry(30)hours rs at 15096.ofhall the estimateddai� _ average flow, but in no case shall'ihere be less than 1,000 gallons capacity. Section 5.8 B.2 is repealed and re-enacted to read as follows: 2.The distributors and underdrain,!if required by the Health Officer, sscreened gravel or crushed stone`r shall avel, not mo a tha coarse, fourth(Y.) inch,may be used above,and around the coarse material, both all the distributor and at the underdrains. Section 5.8 C 2 Is repealed and re-enacted to read as follows: 2.Dosing tanks shall be provided whore the total filter area exceeds -1800 square feet and the distributors shall be laid accurtel Betted by yy or other to grade after the means. here dosinggq brio are ur sand has bean tttyn�ae��distributors shall be laid to 41918 9rador.dtervvlae;they•ifieM lard to a grade Hello