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1•O4-
ORDINANCE NO. 9-F
IN THE MATTER OF AN AMENDMENT TO THE WELD COUNTY INDIVIDUAL SEWAGE
DISPOSAL SYSTEM REGULATIONS
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld,
State of 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, pursuant to the Weld County Home Rule Charter the Board of
County Commissioners acts as the Weld County Board of Health, and
WHEREAS, C.R.S. Title 25, Article 10, Part 1 authorizes a Local
Board of Health to adopt Individual Sewage Disposal System Regulations
provided they are consistent with guidelines adopted by the Water Quality
Control Commission at 5 C.C.R. 1003-6, and
WHEREAS, the Water Quality Control Division has recently revised
said guidelines, and
WHEREAS, the Water Quality Control Division has, in the course of
the revision, determined that the formula for computing the minimum area
for an Evapotranspiration (ET) disposal system bed has been in error in
the guidelines and, as a result, Weld County Ordinance 9, as amended, is
in error and could lead to engineer-designed ET system beds being
undersized by a factor of 2 1/2, and
WHEREAS, the undersizing of ET beds may result in premature failure
of ET systems and represents a threat to the quality of groundwater and
to the health, safety and welfare of the residents of Weld County, and
WHEREAS, an emergency exists as the continued failure to require
proper size ET beds represents an ongoing threat to the public health,
safety and welfare.
NOW, THEREFORE, BE IT ORDAINED that Weld County Ordinance 9E,
Section VI, is repealed and reenacted to read as follows :
Section VI : Requirements for ET Systems
0RD #9-F
2407784 B-1460 P-579 09/22/94 04:28P PG 1 OF 6 REC DOC
Mary Ann Feuerstein Weld Co. , Clerk & Recorder 0.00
950801
LAC ; //t.)PLy CA
RE: ORDINANCE #9-F
PAGE 2
6 . 1 Use.
A. Evapotranspiration systems may be used where soil
absorption of effluent is not possible and where high
water table, bedrock, fractured rock, or highly pervious
material precludes the use of a soil absorption system.
B. An evapotranspiration system may be used exclusively or
in combination with a soil absorption system.
Combination systems are permitted where water table
elevations or soil conditions permit leaching, but
percolation rates may be satisfactory or acceptable.
Calculations submitted for rates of effluent disposal
shall include the leaching rate, the percolation rate
and the evaporation rate.
C. No new subdivision will be approved by the Division if
greater than 25% of the subdivision' s septic systems are
proposed to be evapotranspiration systems.
6 .2 Design Requir- ents
A. An evapotranspiration system shall be designed by a
registered professional engineer who shall furnish
design data for a complete review of the design.
B. Data to be furnished shall include, but shall not be
limited to: liner material and bedding, properties of
the soil in the evapotranspiration bed, and provision
for vegetation cover.
C. When high groundwater table, bedrock, fractured rock, or
highly pervious material (percolation faster than 5
minutes per 1 inch) endanger the underground water, a
durable and impermeable liner shall be installed to
prevent the sewage effluent from entering the underlying
formation or groundwater table.
D. An evapotranspiration system shall be located in an area
where there is exposure to sunshine.
ORE) #9-F
2407784 8-1460 P-579 09/22/94 04:28P PG 2 OF 6
RE: ORDINANCE #9-F
PAGE 3
E. The system bed shall be crowned and covered with a
minimum of four (4) inches of selected backfill material
and with a vegetation cover.
F. Bed area shall be protected to prevent damage from
vehicular or pedestrian travel . The ground surface
shall be graded to deflect precipitation and other
outside water away from the disposal area.
G. The following formula may be used as a guide for
determining the area necessary for total
evapotranspiration of septic tank effluent :
Area (square feet) = Design Flow (Gallons per day) X 586
Lake Evaporation at the Site (inches per year)
H. As an alternative, a system may be designed on the basis
of a monthly water balance for the system. Such a
design would provide for total storage of average daily
flows for all months in which the bed area is likely to
be snow-covered or the ground at the site frozen. The
design shall also provide wicks (sand structures which
penetrate through the rock media to the bottom of the
bed) equal to 10 to 15 percent of the bed surface area .
The wicks shall be uniformly spaced throughout the bed.
Adequate surface area shall be provided to
evaporate/transpirate total annual average daily flows
at a rate equivalent to local net lake evaporation over
the remaining period of the year. (If the system is
designed as a percolation/evapotranspiration system, the
amount of storage and ET capacities may be reduced by
the volume of effluent percolating into the soil . )
I . Sand utilized in Evapotranspiration or
Evapotranspiration/Absorption beds for cover shall meet
the following gradation requirements and be approved by
the design engineer:
oRL) #9-F
2407784 8-1460 P-579 09/22/94 04:28P PG 3 OF 6
RE: ORDINANCE #9-F
PAGE 4
Sieve. Size Percent % Passing
4 100
40 <50-55%
200 <15
6 .3 Installation
A. Septic tanks and aeration plants shall be level . The
evapotranspiration bed bottom and any capillary
interface shall be level within one (1) inch as measured
from any perimeter, and shall be cleaned or smoothed of
any sharp projections . A berm or drainage ditch shall
be provided for a control of surface water drainage .
B. The liner shall be sealed at all openings to the bed and
shall completely underlay the matrix of the
evapotranspiration bed. Seams shall be bonded tightly
and imperviously. Any damage to the liner shall be
repaired using the proper solvent or mastic and patch of
the same material as the liner. Liners shall not be
laid directly on any sharp rocks or objects . A
sufficient amount of sand or dirt fill shall be added
over sharp bedrock that will prevent the puncturing of
the liner. Workmanship shall be of sufficient quality
as to maintain the integrity of the liner to its
specifications . A liner is required in high water table
elevations, in jointed rock, or where leaching is
prohibited. If the problem is solely due to excessive
percolation rate, such rates may be retarded by soil
building or replacement soil requirements as listed in
5 .4 C.4 of these regulations.
C. The matrix shall be installed with care so that: the
liner is not perforated. Heavy machinery shall not be
permitted to drive over the matrix or the liner. The
surface of the matrix shall be convex so as to permit
run-off of rainwater and to increase the air turbulence
over it . The surface of the matrix shall be provided
with sod, or with grass cover, or with any other plants
specified by the designer and shall be maintained as
designed. The bed area shall be protected as to prevent
vehicular, pedestrian, and livestock travel .
24O7784 R-1460 P-579 09/22/94 04:28P PG 4 OF 6 ORI) #9-F
RE: ORDINANCE #9-F
PAGE 5
BE IT FURTHER ORDAINED by the Board that no portion of this
Ordinance shall be deemed to have given rise to a duty of care on the
part of Weld County or its public employees, as defined at C.R.S. § 24-
10-103 (4) ,where none otherwise existed nor shall any portion of this
Ordinance be deemed to constitute a Waiver of sovereign immunity by Weld
County or its public employees.
BE IT FURTHER ORDAINED by the Board, if any section, subsection,
paragraph, sentence, clause, or phrase of this Ordinance is for any
reason held or decided to be unconstitutional, such decision shall not
affect the validity of the remaining portions hereof . The Board of
County Commissioners hereby declarers that it would have enacted this
Ordinance in 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 or invalid.
BE IT FURTHER ORDAINED that the effective date of this Ordinance
shall be in accordance with Article III, Section 3-14 (6) of the Weld
County Home Rule Charter but the design standards contained herein shall
not be applied retroactively to any system for which a permit has been
applied for or prior to August 31, 1994 unless that permit expires or has
expired pursuant to Section 3 .7 of Ordinance 9-E,
BE IT FURTHER ORDAINED by the Board that an emergency exits which
requires that this Ordinance No. 9-F is declared to be an emergency
ordinance under the provision of Section 3-14 (6) of the Weld County Home
Rule Charter.
2407784 8-1460 P-579 09/22/94 04:28P PG 5 OF 6 ORD #9-F
RE: ORDINANCE #9-F
PAGE 6
The above and foregoing Ordinance Number 9-F was, on motion duly
made and seconded, adopted by the following vote on the 14th day of
September, A.D. , 1994 .
A
BOARD OF COUNTY COMMISSIONERS
ATTEST:// WELD COUNTY, COLORADO
Weld Co -e e Board b _
) 11,0 (11( 1-,) t Ili-7-177
Ttail
W. H. Webster, Chair an
BY: r' , ^^. .
Deputy L@r Co the Board Da e K. Hall, ro-T
A AS TO FORM: / o- � � / ,- -:( _
/eo e E. Baxter eriCount tt'Sr y Co tance L. Harber.
arbara J. Kirk eyer O
Read and Approved: September 14, 1994
Published: September 22, 1994
Effective: September 14, 1994
2407784 B-1460 P-579 09/22/94 04:28P PG 6 OF 6
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ElkBard of County Commissioners Data September 8, 1994
COLORADO From Lee D. Morrison, Assistant Weld County Attorney
Emergency Ordinance 9-F, Amendment to Individual
Subject:
Sewage Disposal System Regulations
The State Health Department has recently determined that a factor
in the formula used to determine the area of an evaporation bed in
an evapotransporation (ET) system is in error in the state
guidelines and has been that way for a number of years . The
incorrect figure could result in ET beds being undersized by a
factor of 2 ]l/2 times . The number of such systems in Weld County
is a small percentage of the total number of systems but the Health
Department and the County Attorney' s Office would recommend that
the corrected formula be adopted as soon as possible to prevent any
more of these systems being sized incorrectly. The proposed
ordinance would provide that anyone who has applied for a permit as
of August 31, 1994 would not be required to redesign their system
provided that they did not let the permit lapse by failing to
diligently pursue construction of the attached structure and the
system.
We request that this item be placed on the agenda for September 14 ,
1994 . There will be a comprehensive review and revision of the
septic regulations in the future to insure that Weld County' s
regulations continue to remain consistent with the state guidelines
with amendments to the Ordinance and this issue and any other
policy could be addressed in more detail at that time.
LDM/db: sewage
Attachments
Initial :
Approve Schedule
Recommendation Work Session Other
Baxter
Hall
Harbert
Kirkmeyer ✓/
Webster V
pc: Health Dept.
Weld County Atbrneyes Office . LDM • 8/30/94 317:16 Page 2 of 12
AUG-30-f994 06';27 P.01
`
COLORADO DEP & NT OF HEALTH (.l."igig----
Water Quality Control Division
Ground Water & Standards Section y
MEMORANDUM --
TO: State Board of He th p `
JUN 61994
FROM: Thomas Bennett •
w. nrltLln , LfrT.
DATE: June 1, 1994
SUBJECT: Sizing of Evapotranspiration Systems
Accompanying this memorandum is a copy of the Water Quality
Control Division's proposal for revision of the Individual Sewage
Disposal System (ISDS) Guidelines with respect to
evapotranspiration (ET) system sizing. The Division is proposing
the inclusion of two methodologies for determining ET bed sizing.
The first would correct the error contained in the Guidelines
since the 1970's. That error involved a unit conversion factor
of 237. The error was discovered as early as 1980, but it was
never formally corrected to 586. The second alternative provides
for a more custom sizing on the basis of a water balance. The
system must be capable of storing liquid entering during periods
when evaporation and transpiration is not occurring and of
evaporating and transpiring liquid stored in the system and
entering the system when those processes are taking place.
Since the Board's hearing in April, staff has explored the
appropriateness of its previous proposal as well as alternatives
to that formula. Discussions have been held with a number of
individuals both within and outside of Colorado with expertise in
the field of ISDS design and regulation. The proposal to use the
original formula with the conversion factor corrected to 586 is
supported by EPA documentation and other research work.
Discussions with other states shows a general dissatisfaction
with methodologies presently in use and a high incidence of ET
system failure. Some of these states experiencing high failure
rates use or have used formulae similar to and more restrictive
than that contained in the Guidelines. This lends further
support to the need to correct this factor.
In an effort to provide an alternative to the generic formula,
which will increase systems by a factor of 2. 5, it is proposed
that a water balance design basis be permitted as described
above. This procedure is being used exclusively and successfully
throughout New Mexico.
RUG 30 ' 94 9115 L0M PRGE . 002
Weld County Attorney's Office LDM 8/30/94 91804 Page 3 al 12
AUG-30-1994 0EI:28 P.02
•
STATEMENT 07 BASIS AND PURE SE
The Individual Sewage Disposal System Guidelines were first
adopted as temporary emergency Guidelines in October 1973 and,
with minor revisions, were adopted by the State Board of Health
in 1974. The Guidelines have undergone minor revisions numerous
times over the years.
One element of the Guidelines deals with systems utilizing
evapotranspiration of wastewater effluent. The State's
Individual Sewage Disposal Systems Act (Article 10 of Title 25)
directs the establishment of minimum standards for individual
sewage disposal systems including "Performance criteria and
construction standards for evapotranspiration systems which
dispose of effluent into the air by evaporation from a soil
surface or transpiration of plants" (25-10-105(i) ) .
Since the 1970's this element of the Guidelines has included a
units conversion factor of 237 in the formula for
evapotranspiration (ET) bed sizing. In 1980 the Division found
this number to be in error and issued a memo indicating 586 to be
the correct number. During the course of revisions to the
Guidelines in 1984 and again in• 1988, this error was overlooked.
Questions about ET system design and the basis for the number 237
recently caused knowledge of this error to resurface.
The main objective of this revision is to correct a mathematical
error in the formula for calculating the area of an
evapotranspiration system. The revision also includes our
alternative to use of the formula for designing ET systems. Such
alternative incorporates a water balance in determining system
size. The water balance addresses the basic concept of the ET
system. The system must be able to store all flows during non-
evaporative periods and evaporate all flows and storage during
evaporative periods over the course of a year.
This statement of basis and purpose applies only to that element
of the current guidelines dealing with ET systems, and not to any
former edition.
The above statements are intended to comply with 24-2-103 (as
amended) C:.R.S. , as prescribed by the statute.
This revision to the Guidelines establishes basic standards for
regulating evapotranspiration (ET) systems within the State of
Colorado. These Guidelines are intended to comply with the
legislative intent as stated in Title 25, Article 10, Section 102
C.R.S.
XVII. Financial Impact Statement
This revision will have a significant financial impact on
those installing ET systems for their use if the standard
formula is used. Correction of this error will increase
RUG 30 ' 94 9 : 16 LDM PRGE . 003
Weld County Attorney's Office LDM 8/30/94 9:18:58 Page 4 of 12
AUG-30-1994 08:29 P.03
the cost of installing such a system by a factor of nearly
2.5. Those installing ET systems based on a water balance
will likely see some increase in cost over design based on
the present formula. This should be offset by a
significant reduction in the rate of system failure. Most
.. JA - --:.1. .. *hn r...,Ant inec nrnvi An
AUG 30 ' 94 9: 16 LDM PAGE . 004
5. 9 Serial Distribution Systems
A. Use: A serial distribution system may be used in all situations
where a soil absorption system is permitted and shall be used where
the ground slope does not allow for suitable installation of a
single level absorption field. The horizontal distance from the
side of the absorption system to the surface of the ground shall be
adequate to prevent lateral flow and eruption of effluent above
ground.
B. Capacity: System capacity shall be ascertained using the same
procedures outlined in 5.4 C.
C. Construction: The bottom of each absorption trench and its
distribution line shall be level. There shall be a minimum of
twelve (12) inches of ground cover over the gravel fill in the
absorption trenches. The absorption trenches shall follow
approximately the ground surface contours so that variation in
trench depth will be minimized. There shall be a minimum of six (6)
feet of undisturbed earth between adjacent trenches and between the
septic tank and the nearest trench. Adjacent trenches shall be
connected with an overflow line or a drop box arrangement, in such a
manner that each trench is completely filled with septic tank
effluent to the full depth of the gravel before effluent can flow to
the next trench downline. All other construction procedures for the
serial distribution system are outlined in 5.5 A and B.
D. Serial distribution systems shall meet the requirements of 5.5 C of
these regulations.
SECTION VI: REQUIREMENTS FOR EVAPOTRANSPIRATION SYSTEMS
6. 1 Use
A. Evapotranspiration systems may be used where soil absorption of
effluent is not possible and where high water table, bedrock,
fractured rock, or highly pervious material precludes the use of a
soil absorption system.
B. An evapotranspiration system may be used exclusively or in
combination with a soil absorption system. Combination systems are
permitted where water table elevations or soil conditions permit
leaching, but percolation rates may be satisfactory or acceptable.
Partial or no liners may be permitted. Calculations submitted for
rates of effluent disposal shall include the leaching rate, the
percolation rate and the evaporation rate.
C. No new subdivison will be approved by the Division if greater than
25% of the subdivision's septic systems are proposed to be
evapotranspiration systems.
34
6.2 Material and Construction Requirements
A. Septic tanks and aeration plants shall meet all of the requirements
as provided for in these regulations.
B. Liners shall be impervious to the chemical reaction and passage of
sewage. Polyvinyl chloride plastic lining, manufactured from
domestic polyvinyl chloride resin, of ten (10) mills thickness;
butyl rubber, or other nontoxic equivalent materials, shall be used.
C. Matrix material shall be resistant to chemical decomposition and the
formation of colloidal particles. The matrix shall be well-graded
and with the proper sizing to do the specified work of the design.
The content of fine particles shall be limited to the extent that
they do not inhibit capillary action or permeability.
6.3 Design Requirements
A. All systems shall be designed by a Registered Professional Engineer
who shall furnish design calculations to support the design and size
of the system and shall inspect and approve construction of the
system. Specifications to be furnished shall include, but not be
limited to: liner material and protection of liner, soil analysis
of select material, grain size, soil description and provision for
vegetation cover. The Board of Health shall review and consider all
evapotranspiration systems for approval.
B. Designs shall provide for adequate depth (at least four (4) inches)
of matrix and biological or external heat sources to prevent
freezing. Septic systems shall provide at least two—compartment
tanks for two or more units in series. Aeration plants shall be of
sufficient capacity so that the matrix will not become impermeable
during malfunctions.
C. The following formula may be used as a minimum guide for determining
the area necessary for total evapotranspiration of septic tank
effluent: SIT
Area = Flow (in gallons/day) X 237
(in sq. ft.) Lake evaporation rate at the site
(in inches/year)
6.4 Installation
A. Septic tanks and aeration plants shall be level. The
evapotranspiration bed bottom and any capillary interface shall be
level within one (1) inch as measured from any perimeter, and shall
be cleaned or smoothed of any sharp projections. A berm or drainage
ditch shall be provided for a control of surface water drainage.
The bed shall be located in an open area, where there will be
exposure to sunshine.
35
B. The liner shall be sealed at all openings to the bed and shall
completely underlay the matrix of the evapotranspiration bed. Seams
shall be bonded tightly and imperviously. Any damage to the liner
shall be repaired using the proper solvent or mastic and patch of
the same material as the liner. Liners shall not be laid directly
on any sharp rocks or objects. A sufficient amount of sand or dirt
fill shall be added over sharp bedrock that will prevent the
puncturing of the liner. Workmanship shall be of sufficient quality
as to maintain the integrity of the liner to its specifications. A
liner is required in high water table elevations, in jointed rock,
or where leaching is prohibited. If the problem is solely due to
excessive percolation rate, such rates may be retarded by soil
building or replacement soil requirements as listed in 5.4 C.4 of
these regulations.
C. The matrix shall be installed with care so that the liner is not
perforated. Heavy machinery shall not be permitted to drive over
the matrix or the liner. The surface of the matrix shall be convex
so as to permit run—off of rainwater and to increase the air
turbulence over it. The surface of the matrix shall he provided
with sod, or with grass cover, or with any other plants specified by
the designer and shall be maintained as designed. The bed area
shall be protected as to prevent vehicular, pedestrian, and
livestock travel.
SECTION VII: REQUIREMENTS FOR ALTERNATE DISPOSAL SYSTEM
7. 1 Vaults
Shall have a minimum 1,000 gallon effective capacity and may be permitted
for indoor, water carriage sewage systems on property which cannot
accommodate a sewage treatment system. Vaults shall meet the same
installation and construction requirements as apply to septic tanks
except chat no effluent outlet shall be provided. Vaults shall be
provided with an indicator which signals when pumping is necessary.
7.2 Vault Privy
Shall be constructed to include - a concrete fly and watertight
receptacle; a superstructure affording complete privacy; an earth mound,
around the top of the receptacle and below the floor level, which slopes
downward away from the receptacle; a floor and riser of concrete or other
impervious material; and a seat and lid of easily cleanable, impervious
material, hinged, self-closing and fly proof. All venting shall be fly
proofed with No. 16 or smaller mesh screening. The effective capacity of
the privy receptacle shall be no less than 400 gallons. Metal or coated
metal vaults are prohibited.
7.3 Chemical. Toilets
Portable chemical toilets shall have a superstructure which meets the
requirements of a vault privy and shall have a sewage receptacle of
36
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