HomeMy WebLinkAbout670017.tiffRESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY SITTING AS A BOARD OF HEALTH
WHEREAS, the failure to properly collect and dispose of all
waste matter from cess pools, septic tanks and grease traps is
deemed a source of filth and cause of sickness in the County of
Weld and State of Colorado, and it is believed by the Weld County
Board of Health that the collection and disposal of such waste
matter should be regulated and license required of those engaged
in such business;
NOW THEREFORE, BE IT RESOLVED by the Board of Health of the
County of Weld and State of Colorado that the following regula-
tions be adopted to provide for the issuance and revocation of
permits to clean septic tanks; authorizing the selection of
official disposal sites within Weld County for waste material from
septic tanks; for the cleaning and inspection of equipment used
to clean septic tanks; and fixing penalties for violations:
ARTICLE I - DEFINITIONS AND CONSTRUCTION. For the purpose of
interpretation of this regulation, the following definitions shall
apply:
Section 1. Words and phrases used in this regulation shall
be construed as follows: Words used in the present tense shall
include the future; words in the singular number shall include the
plural; and words in the plural shall include the singular; the
male third personal pronoun shall be construed to include any
person, whether male or female or artificial person.
Section 2. The term "Health Officer", as used herein, means
the duly appointed director of Public Health of Weld County, and
any duly authorized representative of the said director.
Section 1. The term "Septic Tank" as used herein shall include
all receptacles designed or used to hold, retain, store or collect
any waste material or human secretions in connection with any home,
or business or public building. The term shall include chemical
toilets, cess pools, septic tanks, privies, grease traps, filling
station traps and any and all other similar structures anddevices.
Section 4. The term "Septic Tank Cleaner" asiused herein
shall include any person, firm, partnership or corporation engaged
in the business of cleaning Septic Tanks as hereinabove defined,
and shall include anyone, whether acting as principal, agent or
servant, who cleans any septic tank except as hereinafter provided;
PROVIDED, however, that the term "Septic Tank Cleaner" shall not
be deemed to include any individual engaged in the cleaning of
any septic tank as hereinabove defined, not for hire, when such
septic tank is located upon and serves property of which he is the
owner or in which he owns an exclusive possessory interest; PROVIDED
FURTHER that any such individual so excepted shall be subject to
ARTICLE IV of this regulation pertaining to the disposal of waste
material and the cleanliness of equipment used.
ARTICLE II - PERMITS
Section 1. All Septic Tank Cleaners shall secure a permit
from the Health Officer before engaging in the work of cleaning
septic tanks. Compliance with the requirements of this regula-
tion shall be a condition precedent to entitlement to receive and
670017
retain such a permit. Such permits shall not be transferable
with respect to persons or vehicles. Permits issued hereunder
shall expire on December 31 of each calendar year and shall be
valid only during the year of issuance.
Section 2. The permit issued by the Health Officer shall
contain the following, in addition to any other information de-
sired by him to be included:
1. The name and address of the person, firm or corporation
to whom the permit is issued.
2. The number of the permit.
3. The signature of the Health Officer.
4. A statement of the nature and scope of the business
authorized by the permit.
5. Any other items the Health Officer deems necessary or
pertinent.
Section 3. The Health Officer shall charge each person
applying for a permit hereunder, at the time of application, a
fee of $10 for each permit to engage in the occupation of cleaning
septic tanks, and an additional fee of $1.00 for each person or
piece of equipment in excess of one such person or piece of equip-
ment used in connection with the business of cleaning septic tanks,
the payment of such fees being conditions precedent to the issuance
of such permits.
Section 4. Permits may be denied to any person for the follow-
ing reasons, in the sole discretion of the Health Officer:
a. That the applicant is ineligible under any of the terms
of this regulation.
b. That the applicant had previously held a permit and that
such had been revoked.
c. That the applicant is notxegularly engaged in the business
of cleaning septic tanks, and does not agree to serve any
applicant who tenders the usual fee charged for such service.
Section 5. The Health Officer may restrict the number of
permits issued by him to such a number, not less than three, as is
required for the orderly administration of this regulation and the
public health, safety and welfare.
Section 6. A permit to clean septic tanks may be suspended
temporarily by the Health Officer for violation by the holder
thereof or any person acting by, through or under the holder there-
of, of any of the terms of this regulation, or for interference
with the Health Officer in the performance of his duties; and
such a permit or permits may be revoked by the Health Officer for
serious or repeated violations or interferences, upon notice and
hearing by the said Health Officer.
ARTICLE III - FEES AND RECORDS
Section 1
shall be fair
holder shall,
to be charged
of the County
. Fees charged by the holders of permits for services
and reasonable under the circumstances. Each permit
before his permit is issued, file a schedule of fees
with the County Health Officer. If, in the opinion
Health Officer, the said fees to be charged are un-
-2-
reasonable or prohibitive, he may require the said schedule of
fees to be charged to be amended, or the permit of the holder to
be revoked. The willful charging of fees in excess of those
provided for by the schedule of fees as approved by the County
Health Officer, shall be deemed a serious violation of this
regulation.
Section 2. All septic tank cleaners shall keep such records
of their activities as the Health Officer shall require, including
information as to the person for whom each cleaning operation
shall have been performed, the date, place and manner of disposal
of the contents so removed, and the fees or charges made therefor.
Such records shall be made available to the Health Officer for
inspection at all times during regular business hours.
ARTICLE IV - EQUIPMENT AND DISPOSAL
Section 1. Any vehicle, pump or pumps, hose or tank used in
the cleaning of septic tanks or in connection therewith shall be
kept in a clean, sanitary manner and shall not be permitted to
leak or to cause any of the contents thereof to spill upon ground
surfaces other than the official disposal sites as hereinafter
provided for.
Section 2. Disposal of the contents of a septic tank in any
manner in Weld County except upon official designated disposal
sites previously assigned as such by the Health Officer, is hereby
prohibited; PROVIDED that dumping of such contents may be author-
ized in areas other than official disposal sites by a special
written permit from the Health Officer; and the issuance of such
special permits shall be at the sole discretion of the Health
Officer and any dumping done thereunder shall be performed under
the direct supervision and control of the Health Officer.
ARTICLE V - RULES, REGULATIONS AND STANDARDS. The Health
Officer is empowered to adopt rules, regulations and standards
in aid and support of the construction and enforcement of this
regulation, consistent with the terms, provisions and policy
thereof.
ARTICLE VI -VIOLATIONS. The cleaning of a septic tank, as
herein defined shall be deemed to constitute the engaging in the
occupation of a septic tank cleaner unless the particular action
of cleaning falls within the exception contained in ARTICLE I,
Section 4 hereof, and any person, firm or corporation who shall
clean any septic tank except as herein provided or who shall engage
in the business of septic tank cleaning or solicit orders for such,
except as herein provided, or who shall violate any provision or
provisions of this regulation whatsoever, shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be fined not less
than $25 nor more than $100 for each such offense as provided for
in '63 CRS, Section 66-3-11.
Introduced, Read, Passed and Adopted this Lth day of March,196%.
BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY SITTING AS A BOARD OF HEALTH
ATTEST:
(Mi*v/DW I
Clerk f Board
APPROVED:
County Att rney
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