As used in this article 10, unless the context otherwise requires:
(1) Absorption system means a leaching field and adjacent soils or other system for the treatment of sewage in an on-site wastewater treatment system by means of absorption into the ground.
(2) Applicant means a person who submits an application for a permit for an on-site wastewater treatment system.
(3) Cesspool means an unlined or partially lined underground pit or underground perforated receptacle into which raw household wastewater is discharged and from which the liquid seeps into the surrounding soil. Cesspool does not include a septic tank.
(4) Commission means the water quality control commission created by section 25-8-201.
(5) Department means the department of public health and environment created by section 25-1-102.
(6) Division means the division of administration of the department.
(7) Effluent means the liquid flowing out of a component or device of an on-site wastewater treatment system.
(8) Environmental health specialist means a person trained in physical, biological, or sanitary science to carry out educational and inspectional duties in the field of environmental health.
(9) Health officer means the chief administrative and executive officer of a local public health agency, or the appointed health officer of the local board of health. Health officer includes a director of a local public health agency.
(10) Local board of health means any local, county, or district board of health.
(11) Local public health agency means any county, district, or municipal public health agency and may include a county, district, or municipal board of health or local agency delegated by a county, district, or municipal board of health to oversee OWTS permitting and inspection or an OWTS program.
(12) On-site wastewater treatment system or OWTS and, where the context so indicates, the term system, means an absorption system of any size or flow or a system or facility for treating, neutralizing, stabilizing, or dispersing sewage generated in the vicinity, which system is not a part of or connected to a sewage treatment works.
(13) Percolation test means a subsurface soil test at the depth of a proposed absorption system or similar component of an on-site wastewater treatment system to determine the water absorption capability of the soil, the results of which are normally expressed as the rate at which one inch of water is absorbed.
(14) Permit means a permit for the construction or alteration, installation, and use or for the repair of an on-site wastewater treatment system.
(15) Person means an individual, partnership, firm, corporation, association, or other legal entity and also the state, any political subdivision thereof, or other governmental entity.
(16) Professional engineer means an engineer licensed in accordance with part 2 of article 120 of title 12.
(17) Septage means a liquid or semisolid that includes normal household wastes, human excreta, and animal or vegetable matter in suspension or solution generated from a residential septic tank system. Septage may include such material issued from a commercial establishment if the commercial establishment can demonstrate to the department that the material meets the definition for septage set forth in this subsection (17). Septage does not include chemical toilet residuals.
(18) Septic tank means a watertight, accessible, covered receptacle designed and constructed to receive sewage from a building sewer, settle solids from the liquid, digest organic matter, store digested solids through a period of retention, and allow the clarified liquids to discharge to other treatment units for final disposal.
(19) Sewage means a combination of liquid wastes that may include chemicals, house wastes, human excreta, animal or vegetable matter in suspension or solution, and other solids in suspension or solution, and that is discharged from a dwelling, building, or other establishment.
(20) Sewage treatment works has the same meaning as domestic wastewater treatment works under section 25-8-103.
(21) Soil evaluation means a percolation test, soil profile, or other subsurface soil analysis at the depth of a proposed soil treatment area or similar component or system to determine the water absorption capability of the soil, the results of which are normally expressed as the rate at which one inch of water is absorbed or as an application rate of gallons per square foot per day.
(22) Soil treatment area means the physical location where final treatment and dispersal of effluent occurs. Soil treatment area includes drainfields and drip fields.
(23) State waters has the meaning set forth under section 25-8-103.
(24) Systems cleaner means a person engaged in and who holds himself or herself out as a specialist in the cleaning and pumping of on-site wastewater treatment systems and removal of the residues deposited in the operation thereof.
(25) Systems contractor means a person engaged in and who holds himself or herself out as a specialist in the installation, renovation, and repair of on-site wastewater treatment systems.
Source: L. 97: Entire article amended with relocations, p. 122, � 1, effective July 1. L. 2004: (16) amended, p. 1312, � 60, effective May 28. L. 2006: (2.5) added and (8) and (21) amended, p. 1129, � 6, effective July 1. L. 2010: (11) and (12) amended, (HB 10-1422), ch. 419, p. 2105, � 121, effective August 11. L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 482, � 1, effective August 8. L. 2019: IP and (16) amended, (HB 19-1172), ch. 136, p. 1704, � 165, effective October 1.
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.
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.