ColoradoProspector   CP Club Membership Info.

Welcome Guest ( Log In | Register )

2 Pages V   1 2 >  
Reply to this topicStart new topic
Cease and desist living?, property owners warning
Denise
post Jun 4 2017, 01:22 PM
Post #1


Master Mucker!
*****

Group: Admin
Posts: 6,913
Joined: 7-October 03
From: Colorado
Member No.: 4



Just when I think things can't get any worse, the county comes and messes with us. They are telling us that we need to cease and desist living on our property (after being here over 7 years) because we are using an outhouse. If we had the money to buy a well then put a septic tank in we would!! As of the 31st, they are charging us $50.00 a day if we remain on our property. No where to go so they have a fight on their hands. I don't take kindly to being told that I am health hazard and a nuisance to the community. Court date is set for July 11th.

Pretty sad world we live in when the officials try to make property owners homeless!!
sadno.gif


--------------------
Education is the key to the future,
and participation opens the door to opportunity.

Discover your prospecting independence & success!

ColoradoProspector.com

Owner/Webmaster
Core team member

Go to the top of the page
 
+Quote Post
nate
post Jun 4 2017, 08:47 PM
Post #2


Shovel Buster!
***

Group: Members
Posts: 118
Joined: 24-October 15
From: Colorado Springs
Member No.: 121,949



so sorry to hear that! definitely b.s.


--------------------
Rock: Climb it. Dig it. Build your house upon it.

Go to the top of the page
 
+Quote Post
johnnybravo300
post Jun 5 2017, 09:39 AM
Post #3


Rock Bar!
****

Group: Members
Posts: 463
Joined: 13-June 15
From: North Saguache county between Gunnison and Monarch Pass
Member No.: 120,659



I wouldn't take kindly to that either. Especially when there are outhouses everywhere including in the forest and it's not their business anyway.
They need to learn what American freedoms are and that they are not granted by them.


--------------------
Level 2 member -12/25/16
Referral code JL697
Go to the top of the page
 
+Quote Post
Denise
post Jun 6 2017, 09:43 AM
Post #4


Master Mucker!
*****

Group: Admin
Posts: 6,913
Joined: 7-October 03
From: Colorado
Member No.: 4



By law the only person allowed to dump waste on property is the land owner....as we are. The only option they give us is to use an O.W.T.S. That means an onsite waste water treatment system(leach field with tank). Pretty stupid as we don't even have a well yet. I can think of way better ways to use fresh water than wasting it adding to human waste anyways. They are just wanting money as they also tell us that we need a certificate of occupancy. House must be larger than 600 sq. ft. to obtain one and ours is not yet. Just for the permits, we would need $200. for a development permit, residential permit at $250., an addition/remodel permit at $200., accessory building permit at $200., Individual sewage disposal system permit at $400., road access permit at $200., and an occupancy permit at $200. That is just for the permits. They want all these permits paid within 30 days so the summons will be terminated or the court date stands. Bunch of bull!!!!

One has the right to occupy their land without being permitted to death first! mad.gif
They are trying to chase people off their properties and into the streets homeless if they can't afford the permits or doing the projects yet? signs019.gif I see that as a health problem and a nuisance!


--------------------
Education is the key to the future,
and participation opens the door to opportunity.

Discover your prospecting independence & success!

ColoradoProspector.com

Owner/Webmaster
Core team member

Go to the top of the page
 
+Quote Post
CP
post Jun 6 2017, 10:35 PM
Post #5


Master Mucker!
*****

Group: Admin
Posts: 4,136
Joined: 7-October 03
From: Colorado
Member No.: 3



OWTS permits and systems is just one small part of what they claim we need permits for but the only one that they've tagged as a "health hazard" or an "illegal dumping on the property" as they accused. Neither of which are true....in fact it's quite the opposite but their complete lack of knowledge and pure predetermined outcome of what they want (too bad they aren't the land owner here! - FUCK EM! happy112.gif ) is all they are trained to shoot for and work towards. Poor little monkeys!
My plan is too logically show or compare any other legal and normally used disposal practice concerning actual "sewage/human waste-excrement in water effluent"....it's not rocket science and really quite simple.
Other than the waste water illegal dumping/health hazard mentioned on the pink slips, the rest of them are all attempts to force the purchase of permits not needed by us at this time! As well as force us off of or out of our "occupancy of the property"!

We aren't wondering or worried about any type of grand father clause timeline nor variances at the county level either. Looking for the easier answer to me is obvious, the county needs to do their job and that is not suppose to involve violating land owners rights, we (I) don't pay my taxes (THEIR WAGES) so they can do that!
This is purely about our right to occupy land we own vs being "regulated" off of it, or restricted from using (also an occupation-our belongings on land-just everything we own) by county regulation (county code), or intimidated into panic because they've "threatened" us with "possible" fines imposed in the future. County codes are not law and can not regulate our rights away! I also know the county planning and zoning department of any county can not "impose fines"....courts "impose fines".
So that is just another threat or tactic to intimidate (cause panic) citizens from using their properties.
edited line -- also threats to impose fines so we feel "obligated" to buy permits is and should be illegal.....IF I CAN'T PAY FOR THE PERMIT NOR THE PROJECT THEN THE COUNTY CERTAINLY CAN NOT FORCE ME TO BUY THE PERMITS FOR IT YET!!

I've read and downloaded the 86 page PDF from the state health dept website if anyone is interested in what the state health dept says is actually safe for "human waste/sewage" disposal on your own property. Feel free to click on the PDF download below to read it for your selves, like has been said so many times before.....more folks need to know more about this because the county officials sure DON'T OR WON'T SAY THEY DO OUT LOUD TO US!
We (all citizens/land owners) have the right to occupy land you own......dry hole pit privy's (outhouses) are NOT A HEALTH HAZARD TO THE PUBLIC OR THIS PROPERTY!

And just for an interesting thought/tid bit or observation of comparison on this discussion.....Logically comparing anyone who's on grid as we say....in town on sewer services provided.....WHAT HAPPENS TO THE POOP/SOLIDS PULLED OUT OF THE WATER (DEWATERED) IN THE SEWAGE PLANT?

Attached File(s)
Attached File  ColoradoOWTSrules_text.pdf ( 1.31MB ) Number of downloads: 406
 


--------------------
CP-Owner/Administrator
www.ColoradoProspector.com

IF YOU USE IT, THE GROUND PRODUCED IT!
MINERS MAKE "IT" HAPPEN!!


Go to the top of the page
 
+Quote Post
Denise
post Jun 7 2017, 11:06 AM
Post #6


Master Mucker!
*****

Group: Admin
Posts: 6,913
Joined: 7-October 03
From: Colorado
Member No.: 4



QUOTE (CP @ Jun 6 2017, 11:35 PM) *
I've read and downloaded the 86 page PDF from the state health dept website if anyone is interested in what the state health dept says is actually safe for "human waste/sewage" disposal on your own property. Feel free to click on the PDF download below to read it for your selves, like has been said so many times before.....more folks need to know more about this because the county officials sure DON'T OR WON'T SAY THEY DO OUT LOUD TO US!
We (all citizens/land owners) have the right to occupy land you own......dry hole pit privy's (outhouses) are NOT A HEALTH HAZARD TO THE PUBLIC OR THIS PROPERTY!


Thanks for the download link CP, I wanted a copy of that to read on this computer. research.gif


--------------------
Education is the key to the future,
and participation opens the door to opportunity.

Discover your prospecting independence & success!

ColoradoProspector.com

Owner/Webmaster
Core team member

Go to the top of the page
 
+Quote Post
johnnybravo300
post Jun 10 2017, 11:07 AM
Post #7


Rock Bar!
****

Group: Members
Posts: 463
Joined: 13-June 15
From: North Saguache county between Gunnison and Monarch Pass
Member No.: 120,659



I wonder how they can think that way when most cities are the dirtiest places with rabid animal issues and diseases and where do they think the homeless defecate? There is literally crap and urine everywhere in the cities and to me an outhouse is much more sanitary than an inside crapper.
It gives me the creeps to drop a duece in the same dwelling I eat in. I don't keep my tooth brush or mouth thermometers or medicines or things like that out there. That would be weird...but it's normal inside of a house?
When I see someones toothbrush sitting out in their bathroom it sends a shiver up my spine haha.
My outhouse is very sanitary and custom built "log cabin" style with boards recycled from when they replaced the docks at blue mesa reservoir and it's nice. It has a plexiglass ceiling so you can see the sky and rock landscaping all around it and a bunch of racks and dead heads decorating the outside.
We did install a holding tank underneath last summer and I moved the privy but it wasn't a legal requirement. I made the choice because I was tired of moving the entire thing every few years.
I know that the clean water act that was passed had tons more regs also, and that is causing some people grief. It's only supposed to affect navigable waterways but then when you see 1000's of cows crapping everywhere in the watershed you would think they'd be a little concerned with that.
With the pollution and toxins that we are legitimately exposed to everyday in our water food and air it seems asanine for them to be worried about that.
This goes to show that it isn't about safety or real concerns, but control.
I can understand you guys frustrations because I would be if it was me.
What a bunch of tyrannical bs.


--------------------
Level 2 member -12/25/16
Referral code JL697
Go to the top of the page
 
+Quote Post
CP
post Jun 11 2017, 08:48 AM
Post #8


Master Mucker!
*****

Group: Admin
Posts: 4,136
Joined: 7-October 03
From: Colorado
Member No.: 3



I agree Johnny, it's about control.... stamp.gif not any consideration for what's legal, right or moral/ethical!! mad.gif

My question posted above to everyone who's on the grid wasn't intended to be a set up or stop the discussion either....quite the opposite actually! Doesn't anyone in town on sewer services provided by town/city wish to discuss the logical comparison? I thought that would be a good way to demonstrate how we are clearly not a public health hazard nor a nuisance that needs actions to prevent any illegal dumping that IS NOT OCCURRING!!

No one wants to discuss it or does just no one on the grid have an idea where there personal deposits end up when it's all said and done?! spock.gif
Seriously I thought it to be a legitimate question to apply here.... anyone.gif
Sewage plants do have to clean out the water used to move everyone's sewage and it seems to me the one and only difference is the addition of water purely for the convenience of moving the sewage.......WOW!

Isn't it about the time in today's world where the population is concerned about clean water supplies and how much water is "dirtied' by human uses!? poke.gif Why I do believe it is that time!! chin.gif


--------------------
CP-Owner/Administrator
www.ColoradoProspector.com

IF YOU USE IT, THE GROUND PRODUCED IT!
MINERS MAKE "IT" HAPPEN!!


Go to the top of the page
 
+Quote Post
Gene Kooper
post Jun 19 2017, 09:55 PM
Post #9


Shovel Buster!
***

Group: Members
Posts: 87
Joined: 24-May 15
Member No.: 120,476



CP,

Not that I don't wish to comment on the appropriateness of urban sanitation and any comparisons with privies on rural properties, but I don't believe it will be helpful with your issues with the county. The county's position may seem unfair, arbitrary and capricious, but they have that right. What I mean by that is that back in the early 1970s, the State of Colorado passed several bills that gave control over local issues to local governments.

The first law was passed in 1972 and is usually referred to as Senate Bill 35. It gave counties and certain municipalities control over the subdivision of real property. Since then each county is granted the authority to regulate the subdivision of land when any of the resultant parcels is less than 35 acres. If you own a parcel that is less than 70 acres you cannot divide the property into 2 lots without going through the county subdivision process that likely includes public hearings, and meeting anything that the county planning and zoning department has determined is appropriate.

In 1973, the Legislature passed, "An Act Concerning Individual Sewage Disposal Systems" (House Bull No. 1553). I attached a copy to this post. It permitted each county to adopt rules and regulations. Section 66-44-5. Minimum standards for individual sewage disposal systems, (1) (i) states:

QUOTE
Design criteria and construction standards for vaults; for privies and slit trenches, either of which may be prohibited at the option of the local board of health; for incineration toilets, and chemical toilets; and for mini-systems limited to disposal of waste water from sinks, lavatories, tubs, and showers;

That same year the Legislature also passed, "An Act Concerning Water Quality Control" (Senate Bill No. 390). See attachment.

The following year the Legislature passed, An Act Enacting "The Local Government Land Use Control Enabling Act of 1974" (House Bill No. 1034) that further granted rights to control land development to county and local governments. See attachment. These acts were signed into law by two Republican Governors.

These acts and subsequent amendments are the basis for the $50 per day fine (see below for 25-10-113. Penalties) the county is authorized to impose on you. Here is the cite for the current Colorado Revised Statutes. The link may be time sensitive, but it works tonight.

TITLE 25. PUBLIC HEALTH AND ENVIRONMENT - ENVIRONMENTAL CONTROL - ARTICLE 10. ON-SITE WASTEWATER TREATMENT SYSTEMS ACT

Because it is NexisLexis the above link does not allow one to read the actual statutes. The only way I have found to do that is to use the link to the C.R.S. on the Colorado General Assembly's web site. http://leg.colorado.gov/colorado-revised-statutes You might have to click on the link a couple of times to get by the NexisLexis sign in page. ARGH!

In 1974, John R. Bermingham wrote an article in the Denver University Law Journal (Volume 51, Number 4) on the local government land use enabling act that is ciited in the C.R.S. I was only able to find a source for the first page (they want $30 for the rest of the article). Here's the link.

51 Den. L.J. 467

I wish you and Denise the best of luck, but I don't think that will be much help in your future dealings with the county. Some counties have created what I refer to as little fiefdoms and the residents in the county are often regarded as the serfs of the Manor.

Attached File  IndividualSewageDisposalSystemsAct.pdf ( 3.05MB ) Number of downloads: 13

Attached File  WaterQualityControlAct.pdf ( 6.61MB ) Number of downloads: 10

Attached File  LocalGovernmentLandUseControlEnablingAct.pdf ( 610.55K ) Number of downloads: 9
Go to the top of the page
 
+Quote Post
Denise
post Jun 20 2017, 08:34 AM
Post #10


Master Mucker!
*****

Group: Admin
Posts: 6,913
Joined: 7-October 03
From: Colorado
Member No.: 4



Thanks for the info and PDF's Gene. I downloaded them and I will check them out.


--------------------
Education is the key to the future,
and participation opens the door to opportunity.

Discover your prospecting independence & success!

ColoradoProspector.com

Owner/Webmaster
Core team member

Go to the top of the page
 
+Quote Post
CP
post Jun 20 2017, 12:58 PM
Post #11


Master Mucker!
*****

Group: Admin
Posts: 4,136
Joined: 7-October 03
From: Colorado
Member No.: 3



Thank you for the input Gene but today I'm in disagreement with you on this ......
I can not possibly see where the county has any "rights" as a government entity in this instance..... in fact they do not have a "right" but merely a "delegated authority" which they are clearly trying to abuse at their own whim "arbitrarily and capriciously" chosen times and citizens which is against the law at every level..... all laws are to be applied in a fair and consistent manner they are each written on the whole....not based on one single line with it's text taken out of context at the county's whimsical wishes to suit their fancy.

Yes it does say the pit privy can be prohibited but it clearly does not give them a right to prohibit them county wide at all.....in fact it says..... "they should all be considered on a case by case basis" and "according to the health dept's written regs on waste disposal". (ie understandably under certain circumstances such as next to water bodies/rivers-county should be and do require tanked privies.....even gov run campgrounds use tank privies close to water bodies.
Here we have no close water bodies but just loads and loads (100's of feet deep) sand.....perfect for wastewater/solid dumping according to science!
Without water in it, that is how it's suppose to be disposed of!

Now quite simply, the county is trying to say that I'm committing a crime (this is a criminal court case at this point), and without any proof or evidence to back up the accusations they've made of criminal behavior, that being the lack of all permits mentioned....non of which are required by law for me to "occupy my land" that is my RIGHT AS AN OWNER!! The county can not "regulate" my rights nor illegal "take my land" via these tactics.....that's purely an "illegal taking of property using the officials gov position via intimidation"..... more laws against that activity on the gov's part.

While I'm still not a criminal but standing well within my rights as a land owner.....no money owed on land...no mortgage or payments....all taxes paid up to date through the year.

I'm the criminal because they accuse without proof base on what you've said........preposterous!! Please show me where the county has a "right to negate or regulate my rights completely away from existence" I would really like to see this part of the law.
I think many many people have the same issue understanding the basics of pure ownership vs county regulations....they do not own the land nor do they own me!!

Facts are facts too.....every single person reading this thread does the same thing with their poop every day too......it goes into the landfill!! Just because most folks "on the grid" don't have clue where their own crap goes doesn't change the facts........it's either removed from the house/building using water (flushed toilets) or walked out to the ground pit by leg power instead of water! SO TELL ME FOLKS.....WHAT THE HELL IS THE DIFFERENCE?!

What's the only thing the sewer plant does with the poop literally once it gets to the to sewage plant?..... HUH anyone know? Well let me tell ya' realy quick simple and dirty......two things happen firstly it's dewatered! HUH GO FIGURE WE DON'T WANT IT IN THE WATER! DUH!!

Ok so then it's guess what.....that's right OFF TO THE LAND FILL WITH IT! Yes everyone's crap goes to where mine goes only difference is.....I don't waste any clean drinking water for the convenience of a fricken' flushing toilet!!

Which brings up yet another fine example of the county taking advantage of citizens and attempting to dictate the size of a waste water treatment system too........according to the county I'm suppose to install a treatment system that will handle 2,000 gallons per day of waste water (most of which they assume is for toilet flushing-2/3 of it).
Problem is ....my water right (yes i own water "rights") which allows me to have 1 acre foot per year in water from my residential use well once I get one (don't have a well yet).
At anyrate......simple math will show that an acre foot per year only allows my to use 850 gallons max per day! So why should the county require my wastewater treatment system be able to handle twice that much volume? According to the water law (water board not county) I don't have that much water to use.
Should I let the county force me to install a system twice as big and costly just to keep them happy when I know I can't use it?

Come on folks.....who else thinks the county gastapo has the run on you as property owners? Can they take your property this way and or force you (me) as an owner to vacate one's property based on slanderous criminal accusations without evidence, is that how it works in today's world you think?

Sorry Gene not trying to go off on you but I'm not in line with your way of thinking on this one bud! Let's hear some more talk on it......I'm working on getting with a public defender for my own benefit here as well.


--------------------
CP-Owner/Administrator
www.ColoradoProspector.com

IF YOU USE IT, THE GROUND PRODUCED IT!
MINERS MAKE "IT" HAPPEN!!


Go to the top of the page
 
+Quote Post
swizz
post Jun 20 2017, 07:58 PM
Post #12


Moderator
*****

Group: Members
Posts: 4,435
Joined: 25-August 09
From: way on up thar
Member No.: 6,983



You're a bit deeper into land ownership rights than I am capable of providing an educated response.
There is another consideration however, regarding wastewater treatment plants. Throughout my career I have been contracted to perform waterproofing work at wastewater treatment plants in Denver, Boulder, Eagle, and Avon. I spent considerable amounts of time at these plants (months each). Having observed the process repeatedly at these plants (daily basis)... there is a processing stage where the solids and liquids enter very large open tanks. The solids are filtered-out in these tanks. The tanks were always referred to as "the salad bowl". The solids you are referring to are what the salad bowls catch. It is a generally large amount of papers, tissue, some plastics, some trash, and lots of condoms and feminine hygiene products. I am pretty sure that's what goes to the landfills.
The remaining liquid and semi-solid waste is piped to another building where it is reduced/processed to what is called "sludge". This is refined and $SOLD$ by the tanker for agricultural fertilization purposes (yet another great reason to wash your veggies). I would watch these tankers lined up to the building that pumps sludge into the trucks, every day, all day. The tankers are specialized and have sprayers on them.... I have seen these trucks spraying through the growing fields near Greeley and elsewhere, basically everywhere there is major AG.
So... they are not trucking our turds to the dumps. They are turning a steady profit, it's big business. Yet another reason they may want full compliance from people who flush toilets. If they can't have your waste to sell they probably want to find another way to profit and make up for it. I don't think this is specifically useful information regarding your case but just thought I'd throw it out there.
There is your Soylent Green story for the evening. puke.gif


--------------------

/l
,[____],
l---L-OlllllllO-
()_) ()_)--o-)_)
BLACK SANDS MATTER!
Very Happy CP Lifetime Member
CP CORE TEAM

Referral Code CE213
Go to the top of the page
 
+Quote Post
johnnybravo300
post Jun 20 2017, 08:20 PM
Post #13


Rock Bar!
****

Group: Members
Posts: 463
Joined: 13-June 15
From: North Saguache county between Gunnison and Monarch Pass
Member No.: 120,659



Our founding fathers would be sickened and outraged at what government has become. Not to mention the obvious discrimination and blatant disregard for individual freedoms and private property rights.
The government is the only criminal in this and it's too bad more people don't question things like that. It's normal to live in fear of govt in America these days and so many are brainwashed to that notion.
It's too bad most men in this country have gotten soft and lost touch.
Nothing anyone can do anyway they say. They are counting on you being a coward and running away, guarantee ya.
It sounds like the idiots at the county level are full of themselves and very misdirected and uneducated. Hopefully after all this is done they will be a bit enlightened and quit riding peoples backs.
Reasonable regulations are fine but we already have those. Do not kill. Do not steal. If you aren't hurting someone or picking their pockets then you arent doing harm to anyone.
But no, the new age governments are about total control and being the nanny state at every level because we are all children and we are dangers to ourselves. They make me want to puke.

An unjust law is no law at all. Tell them to look that one up in their big law books.


--------------------
Level 2 member -12/25/16
Referral code JL697
Go to the top of the page
 
+Quote Post
Gene Kooper
post Jun 21 2017, 01:53 AM
Post #14


Shovel Buster!
***

Group: Members
Posts: 87
Joined: 24-May 15
Member No.: 120,476



Dan,

If you believe that I am an advocate for the county regarding your issue, you have misread my previous post. I don't have a dog in this fight. I posted the legislation that was passed back in the early 1970s to provide some context for the current laws, rules and regulations. These laws were not passed since you moved to your current home. They have been around for over 44 years. I also wanted to show that in that time frame (the early 1970s) the State of Colorado determined that local government control with state minimum standards was preferable to uniform, state-wide control for land use and environmental issues. For example, Baca County is free to come up with their own rules and regulations and not be forced to accept what Boulder County regards as appropriate. To give you a flavor for what a county regards as appropriate regulation here is an example from El Paso County. I'm not saying that you, johnnybravo300 or anyone else living in El Paso County has to like it or blindly accept whatever the county decides, but that is what the folks of El Paso County are expected to comply with. I don't know what county you are in, nor am I advocating that you sheepishly comply with what you regard as your county's arbitrary and capricious rules.

Regulations of the El Paso County Board of Health - Chapter 8 - Onsite Wastewater Systems Regulations

I recently consolidated several mining claims into a single land parcel and subdivided it into two tracts both of which are more than 35 acres to avoid the county from having any say in how my client subdivided his land. While my client appreciated the results of my work, it took a lot of time and money to survey the claims, file monument records, set monuments along the division line, prepare property descriptions for the two parcels, and deposit a land survey plat with the county. Was it fair that my client had to go through the extra expense? No, but he did it because it was far less onerous than being subjected to the county's whims.

Back in the mid 1980s when I did consulting as a geologist, the state statutes required a minimum distance of 100 feet between a water well and a septic leach field. The statutes allowed counties to have a more stringent requirement. Several counties (including Jefferson and Park counties) set the minimum distance at 200 feet. The land owner could obtain a variance between 100 and 200 feet if a technical investigation by a professional engineer or professional geologist concluded that there was no hydraulic connection between the well and septic system.

An aside for johnnybravo300: Under the U.S. mining laws additional restrictions can be mandated by the state as well as adherence to local customs within a given mining district. For example, the Colorado Territorial Legislature decided that the widths of lode mining claims could not be more than 300 feet wide (150 feet each side of the discovery). The legislation also allowed individual counties to further restrict the widths of lode claims. The counties of Boulder, Clear Creek, Gilpin and Summit required that lode claims could not be any wider than 150 feet (75 feet each side of the discovery). If you look carefully at the connected sheets of approved mineral surveys anywhere in Colorado, all the early claims abided by the state or county limits. It wasn't until 1923 that the widths were expanded to 600 feet to match the U.S. mining laws. You might not regard those additional restrictions as fair, but pragmatism won out for those mining claimants desirous of keeping their mining rights.

Back to the situation at hand, I'm not defending the county, but trying to provide some history and background. The statutes have been amended over time. The section (66-44-5. Minimum standards for individual sewage disposal systems. (1)(i)) that discussed privies and slit trenches has been amended. See 25-10-105. Minimum standards - variances is provided below. The original statute allowed local health boards to prohibit privies. Now, you need to inquire with the county about whether you can get a variance for your existing "system".

_____________________________________________________________________

I posted links in the previous thread to the current Colorado Revised Statutes (2016). As I mentioned, using NexisLexis is a pain to get them so below is the text of the more important sections of the current statutes. As I said in my previous post, good luck.

TITLE 25. PUBLIC HEALTH AND ENVIRONMENT
ENVIRONMENTAL CONTROL
ARTICLE 10. ON-SITE WASTEWATER TREATMENT SYSTEMS ACT


25-10-104. Regulation of on-site wastewater treatment systems - state and local rules


(1) The division shall develop, and recommend to the commission for adoption, rules setting forth minimum standards for the location, design, construction, performance, installation, alteration, and use of on-site wastewater treatment systems within Colorado. The commission may establish criteria for issuing variances in the rules.

(2) Every local board of health in the state shall develop and adopt detailed rules for on-site wastewater treatment systems within its area of jurisdiction. The rules must comply with the rules adopted by the commission pursuant to subsection (1) of this section and with sections 25-10-105 and 25-10-106. Before finally adopting such rules or any amendment to the rules, the local board of health shall hold a public hearing on the proposed rules or amendments. The local board of health shall give notice of the time and place of the hearing at least once, at least twenty days before the hearing, in a newspaper of general circulation within its area of jurisdiction. After the public hearing and before final adoption, the local board of health may make changes or revisions to the proposed rules or amendments, and no further public hearing is required regarding the changes or revisions. All rules and amendments must be transmitted to the department no later than five days after final adoption and become effective forty-five days after final adoption unless the department notifies the local board of health before the forty-fifth day that the rules or amendments are not in compliance with this section or section 25-10-105 or 25-10-106.

(3) If a local board of health has not adopted rules in compliance with this section and submitted them to the commission, the commission shall promulgate rules for the areas of the state for which no complying rules have been adopted, except for areas serviced exclusively by a sewage treatment works. Rules for such areas of the state promulgated by the commission must comply with the rules adopted under subsection (1) of this section and sections 25-10-105 and 25-10-106. The rules must be the same for all the areas of the state for which the commission promulgates such rules, except as may be appropriate to provide for differing geologic conditions.

(4) A local board of health may adopt rules after action by the commission under subsection (3) of this section, if the rules comply with the procedural requirements of subsection (2) of this section and are no less stringent than those promulgated by the commission. Rules of the local board so adopted become effective only after they are transmitted to the division and the division determines that they comply with this section and sections 25-10-105 and 25-10-106.

(5) In promulgating rules under this article, the commission and local boards of health shall give consideration to the protection of public health and water quality.

HISTORY: Source: L. 97: Entire article amended with relocations, p. 124, 1, effective July 1.L. 2006: (1) to (4) amended, p. 1129, 7, effective July 1.L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 484, 1, effective August 8.


25-10-105. Minimum standards - variances

(1) Rules adopted by local boards of health under section 25-10-104 (2) or (4) or promulgated by the commission under section 25-10-104 (1) govern all aspects of the location, design, construction, performance, alteration, installation, and use of on-site wastewater treatment systems and must include minimum standards established by the commission.

(2) (a) A local board of health may grant variances to OWTS rules in accordance with the criteria adopted by the commission under this article.

(b) Applicants for a variance from OWTS rules have the burden of supplying the local board of health with information demonstrating that conditions exist that warrant the granting of the variance.

HISTORY: Source: L. 97: Entire article amended with relocations, p. 126, 1, effective July 1.L. 2004: (1)(f) to (1)(h) and (1)(l) amended, p. 1312, 61, effective May 28.L. 2006: (1)(g) and (2)(a) amended, p. 1130, 8, effective July 1.L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 485, 1, effective August 8.L. 2013: (1) amended, (HB 13-1300), ch. 316, p. 1689, 78, effective August 7.


25-10-106. Basic rules for local administration

(1) Local boards of health or the commission, as appropriate, shall adopt rules under section 25-10-104 that govern all aspects of the application for and issuance of permits, the inspection and supervision of installed systems, the issuance of cease-and-desist orders, the maintenance and cleaning of systems, and the disposal of waste material. The rules must, at a minimum, include provisions regarding:

(a) Procedures by which a person may apply for a permit for an on-site wastewater treatment system. The permit application must be in writing and must include any information, data, plans, specifications, statements, and commitments as required by the local board of health to carry out the purposes of this article.

(b) Review of the application and inspection of the proposed site by the local public health agency;

© Specification of studies to be performed and reports to be made by the applicant and the circumstances under which the studies or reports may be required by the local public health agency;

(d) Determination on behalf of the local public health agency by an environmental health specialist or a professional engineer after review of the application, site inspection, test results, and other required information, whether the proposed system complies with the requirements of this article and the rules adopted under this article;

(e) Issuance of a permit by the health officer or the health officer's designated representative if the proposed system is determined to be in compliance with this article and the rules adopted under this article;

(f) Review by the local board of health, upon request of an applicant, of applications denied by the local public health agency;

(g) The circumstances under which all applications are subject to mandatory review by the local public health agency to determine whether a permit shall issue;

(h) Final inspection of a system to be made by the local public health agency or its designated professional engineer after construction, installation, alteration, or repair work under a permit has been completed, but before the system is placed in use, to determine that the work has been performed in accordance with the permit and that the system is in compliance with this article and the rules adopted under this article;

(i) Inspection of operating systems at reasonable times, and upon reasonable notice to the occupant of the property, to determine if the system is functioning in compliance with this article and the rules adopted under this article. Officials of the local public health agency are permitted to enter upon private property for purposes of conducting such inspections.

(j) Issuance of a repair permit to the owner or occupant of property on which a system is not in compliance. An owner or occupant shall apply to the local public health agency for a repair permit within two business days after receiving notice from the local public health agency that the system is not functioning in compliance with this article or the rules adopted under this article or otherwise constitutes a nuisance or hazard to public health or water quality. The permit shall provide for a reasonable period of time within which the owner or occupant must make repairs, at the end of which period the local public health agency shall inspect the system to ensure that it is functioning properly. Concurrently with the issuance of a repair permit, the local public health agency may authorize the continued use of a malfunctioning system on an emergency basis for a period not to exceed the period stated in the repair permit. The period of emergency use may be extended, for good cause shown, if, through no fault of the owner or occupant, repairs may not be completed in the period stated in the repair permit and only if the owner or occupant will continue to make repairs to the system.

(k) (I) Issuance of an order to cease and desist from the use of any on-site wastewater treatment system or sewage treatment works that is found by the health officer not to be in compliance with this article or the rules adopted under this article or that otherwise constitutes a nuisance or a hazard to public health or water quality. Such an order may be issued only after a hearing is conducted by the health officer not less than forty-eight hours after written notice of the hearing is given to the owner or occupant of the property on which the system is located and at which the owner or occupant may be present, with counsel, and be heard. The order must require that the owner or occupant bring the system into compliance or eliminate the nuisance or hazard within a reasonable period of time, not to exceed thirty days, or thereafter cease and desist from the use of the system. A cease-and-desist order issued by the health officer is reviewable in the district court for the county in which the system is located and upon a petition filed no later than ten days after the order is issued.

(II) For the purposes of this paragraph (k), any system or sewage treatment works that does not comply with any statute or rule of this title constitutes a nuisance.

(III) For the purposes of this paragraph (k), a sewage treatment works does not include any sewage treatment facility with a discharge permit issued pursuant to section 25-8-501.

(l) Reasonable periodic collection and testing by the local public health agency of effluent samples from on-site wastewater treatment systems for which monitoring of effluent is necessary in order to ensure compliance with this article or the rules adopted under this article. The sampling may be required not more than two times a year, except when required by the health officer in conjunction with action taken pursuant to paragraph (k) of this subsection (1). The local public health agency may charge a fee not to exceed actual costs, plus locally established mileage reimbursement rates for each mile traveled from the principal office of the local public health agency to the site of the system and return, for each sample collected and tested, and payment of such charges may be stated in the permit for the system as a condition for its continued use. Any owner or occupant of property on which an on-site wastewater treatment system is located may request the local public health agency to collect and test an effluent sample from the system. The local public health agency may, at its option, perform such collection and testing services, and is entitled to charge a fee not to exceed actual costs, plus locally established mileage reimbursement rates for each mile traveled from the principal office of the local public health agency to the site of the system and return, for each sample collected and tested.

(m) At the option of the local board of health, maintenance and cleaning schedules and practices adequate to ensure proper functioning of various types of on-site wastewater treatment systems. The local board of health may additionally require proof of proper maintenance and cleaning, in compliance with the schedule and practices adopted under this subsection (1), to be submitted periodically to the local public health agency by the owner of the system.

(n) Disposal of septage at a site and in a manner that does not create a hazard to the public health, a nuisance, or an undue risk of pollution.

HISTORY: Source: L. 97: Entire article amended with relocations, p. 128, 1, effective July 1.L. 2001: (1)(k) amended, p. 304, 1, effective April 9.L. 2004: (1)©, (1)(e), and (1)(h) amended, p. 1313, 62, effective May 28.L. 2010: (1)(f) amended, (HB 10-1422), ch. 419, p. 2105, 122, effective August 11.L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 487, 1, effective August 8.


25-10-112. General prohibitions - rules

(1) No city, county, or city and county shall issue to any person:

(a) A permit to construct or remodel a building or structure that is not serviced by a sewage treatment works until the local public health agency has issued a permit for an on-site wastewater treatment system; or

(b) A city, county, or city and county occupancy permit for the use of a building that is not serviced by a sewage treatment works until the local public health agency makes a final inspection of the on-site wastewater treatment system, as provided for in section 25-10-106 (1) (h), and the local public health agency approves the installation.

(2) Construction of new cesspools is prohibited.

(3) A person shall not connect more than one dwelling, commercial, business, institutional, or industrial unit to the same on-site wastewater treatment system unless such multiple connection was specified in the application submitted and in the permit issued for the system.

(4) No person shall construct or maintain any dwelling or other occupied structure that is not equipped with adequate facilities for the sanitary disposal of sewage.

(5) All persons shall dispose of septage removed from systems in the process of maintenance or cleaning at an approved site and in an approved manner under this article.

HISTORY: Source: L. 97: Entire article amended with relocations, p. 132, 1, effective July 1.L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 492, 1, effective August 8.


25-10-113. Penalties

(1) Any person who commits any of the following acts or violates this article commits a class 1 petty offense and shall be punished as provided in section 18-1.3-503, C.R.S.:

(a) Constructs, alters, installs, or permits the use of any on-site wastewater treatment system without first applying for and receiving a permit as required under this article;

(b) Constructs, alters, or installs an on-site wastewater treatment system in a manner that involves a knowing and material variation from the terms or specifications contained in the application, permit, or variance;

© Violates the terms of a cease-and-desist order that has become final under section 25-10-106 (1) (k);

(d) Conducts a business as a systems contractor without having obtained the license provided for in section 25-10-109 (1) in areas in which the local board of health has adopted licensing regulations pursuant to that section;

(e) Conducts a business as a systems cleaner without having obtained the license provided for in section 25-10-109 (2) in areas in which the local board of health has adopted licensing regulations pursuant to that section;

(f) Falsifies or maintains improper record keeping concerning system cleaning activities not performed or performed improperly; or

(g) Willfully fails to submit proof of proper maintenance and cleaning of a system as required by rules adopted pursuant to section 25-10-106.

(2) Upon a finding by the local board of health that a person is in violation of this article or of rules adopted and promulgated pursuant to this article, the local board of health may assess a penalty of up to fifty dollars for each day of violation. In determining the amount of the penalty to be assessed, the local board of health shall consider the seriousness of the danger to the health of the public caused by the violation, the duration of the violation, and whether the person has previously been determined to have committed a similar violation.

(3) A person subject to a penalty assessed pursuant to subsection (2) of this section may appeal the penalty to the local board of health by requesting a hearing before the appropriate body. The request must be filed within thirty days after the penalty assessment is issued. The local board of health shall conduct a hearing upon the request in accordance with section 24-4-105, C.R.S.

HISTORY: Source: L. 97: Entire article amended with relocations, p. 133, 1, effective July 1.L. 2002: IP(1) amended, p. 1537, 269, effective October 1.L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 493, 1, effective August 8.
Go to the top of the page
 
+Quote Post
nate
post Jun 22 2017, 08:21 AM
Post #15


Shovel Buster!
***

Group: Members
Posts: 118
Joined: 24-October 15
From: Colorado Springs
Member No.: 121,949



It is just plain wrong what they are trying to do. Simple as that. They are trying to bully you by challenging your rights. I'm on the grid and am frustrated all the time about the waste of water. Even with a sewage dispersal system, it's just in the ground as well. Just absurd.


--------------------
Rock: Climb it. Dig it. Build your house upon it.

Go to the top of the page
 
+Quote Post

2 Pages V   1 2 >
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Lo-Fi Version Time is now: 23rd November 2017 - 01:14 PM