During a meeting held by the Archuleta County Board of Health (BoH) on Sept. 17, the board heard from Water Quality Manager Jessica Green about potential changes to the county’s regulations involving on-site wastewater treatment systems (OWTS).
Green commented that the OWTS program “has been pretty overwhelming” for staff since the beginning of the year.
“We have seen an increase in code enforcement cases,” she said, explaining that most of the increase is likely contributed to a lack of documentation with previous cases.
Green mentioned that there was “just not a lot of documentation for them in the software that we use prior to when I started.”
She explained that the Water Quality Department transitioned to using the state’s checklist for wastewater treatment system designs, and that previously the department was using a “jimmy-rigged” list.
She noted that the state’s checklist has allowed the department to be “a lot more clear.”
Green also noted that the county is currently working on defining its enforcement process concerning violations related to septic systems.
BoH member and Commissioner Warren Brown asked if the increase in code enforcement cases were specifically water quality code cases, with Green indicating yes, but reiterating that the documentation prior to her arrival “was less than stellar.”
Green then began discussing the transfer-of-title inspection requirement, noting that it’s “one of the most effective tools to protect public health and groundwater. Septic systems have a finite lifespan. Even without obvious failures, declining soil treatment from biomass accumulation causes slower percolation and can allow inadequately treated water to reach groundwater.”
Green explained that the inspection ensures the condition of the system is evaluated at the point of a property title being transferred, “which prevents failing systems from being sold without disclosure of risk.”
She also explained that it provides oversight with higher-risk properties through existing exemptions, adding that the state does not define what exemptions are possible and that the county can adjust those exemptions to meet its needs.
“There’s a lot of flexibility with what we can do,” she said.
Green “strongly” recommended that the BoH keep the transfer-of-title program, noting that there is a $115 permit cost associated with the program.
She added that if the BoH chooses not to keep the program, there would be a risk that failing systems could be transferred to new property owners without knowing there is an issue.
Public Health Executive Director Ashley Wilson asked if a system is identified as failing during the inspection and the purchaser still wishes to buy the property, if they would be able to do so.
Green indicated that it is still a possibility.
Wilson clarified that the transfer-of-title program simply states whether the septic system is functioning or failing, and does not inhibit the sale of the property.
Green noted that constituents can also apply for an “agreement to repair” that lets the new property owner sign a document stating they’re aware that no inspection has taken place, and that any repair costs would be the buyer’s responsibility.
“And it still does have to get inspected,” Green said, explaining the repair agreement would be used in cases when it is not possible to inspect the system at the time of purchase.
In response to another question from Wilson, Green explained that if a property sale goes through and the owner has not applied for a repair permit on a failing system, the county would then reach out to the property owners, “and if they refuse to do it, then we start a code case, and so then we start the enforcement process.”
Brown then commented that he had received a letter from an inspector in the community that indicated that that individual had performed 26 inspections in the county and 13 of those came back as failing, asking what the “benefit” is of having the transfer-of-title inspection program.
“Because I don’t think we should worry about employing local folks at the cost of keeping, or introducing, a governmental requirement,” he said.
Brown noted that the county does not require an inspection for heating and cooling systems or foundations when properties are transferred, suggesting that the condition of a septic system is something the buyer and seller should negotiate.
“I don’t know if we’re preventing anything,” he added.
Green acknowledged Brown’s comments about the county not inspecting foundations or heating and cooling systems, “but the problem is, this is a public health concern. It’s not just your property that it affects, or your water quality. It’s our entire community; it’s your neighbors as well.”
Green also commented that 13 of 26 inspections indicating failing systems “shows the need for this” program.
Brown mentioned that radon testing is also a health concern, but noted the county does not require radon inspections for property title transfers.
“My concern is that … the government is putting their nose in every facet of our lives and, really, should we do that? Or, should people be responsible for their own lives?” Brown said, suggesting again that if he was buying a property he would personally want the septic system inspected to be a part of negotiations.
He added that he is unsure if it is the government’s job to say, “Oh, by the way, we’re going to save you from yourself,” especially if the program is not a requirement by the state for the county to have.
Green commented that the program is not a state requirement, but is a “highly recommended program.”
“We’re pretty regulated in Archuleta County,” Brown said, indicating that he understands some of those regulations, but at some point it’s time to “draw a line in the sand.”
He added, “I’m just not sure that we should be the vessel requiring this.”
BoH member Stacey Foss commented that the issue doesn’t feel “black and white,” and that requiring septic system inspections is not the same as having a foundation inspected.
“It’s not a black and white conversation,” she said.
BoH member and Commissioner Veronica Medina commented that there are various reasons for a septic system to fail an inspection, commenting that as a real estate agent she’s been on “plenty of inspections,” and not every failure is “catastrophic.”
In response to a question from Medina, Green indicated the county has had the transfer-of-title inspection program since 2018.
Medina indicated that she would tend to agree with Brown on the matter, stating, “I just don’t think that this is something that we need to regulate.”
BoH member Jessica Cox agreed with Foss’ comments in regard to having septic systems inspected being different from having a foundation inspected.
Green expressed concern that people wouldn’t know they’re required to repair failing septic systems, leading to more code enforcement cases.
Medina offered more comments on the matter, expressing concern about the program generating more work for the county when it is not required by the state to do so.
“I just think that we are creating more work for ourselves that’s not required,” she said.
Medina also acknowledged the public health concern, “but we have a lot of people in our community that know the process.”
She added, “It’s not like this process isn’t already embedded in our community.”
Brown commented that the BoH was not voting on the matter that day, with Wilson explaining that staff will summarize the board’s discussion and bring back chances for the BoH to vote on at a future meeting.
Property line setbacks less than 10 feet
Green explained that the BoH also needs to decide if the Archuleta County Public Health Department should determine whether or not reductions in property line setbacks will be allowed, or if that decision should stay with the BoH.
Green mentioned that not a lot of property line setback reductions are received, mostly due to the average lot size in the county.
Following brief discussion on the matter, Brown indicated the “general consensus” form the board was to leave that determination with the BoH.
Effluent filter
requirements
Green then explained that, under Colorado’s Regulation 43, local public health agencies may require filters to be installed in all new septic system installs or replacements.
“Currently, we have elected to require them in all new septic tanks, or a repair where the septic tank is replaced,” she said.
She noted that the filters typically cost around $100 and are readily available though multiple vendors for constituents to purchase.
She also explained that the filters are made to filter out particles from getting into the soil treatment area, “So your entire system will last longer.”
Green recommended the county keep this requirement, and the board agreed.
Length of distribution laterals
The last requirement Green presented dealt with the length of distribution laterals allowed in septic system designs.
She explained that, under the regulation, the county could restrict lateral distribution lengths to 100 feet or less or, if the system is pressurized, up to 150 feet.
The BoH agreed on leaving the requirement that would allow pressurized systems to have laterals up to 150 feet in length, and up to 100 feet in non-pressurized systems.
clayton@pagosasun.com
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