(1) A local board of health may set fees for permits. The permit fees may be no greater than required to offset the actual indirect and direct costs of the local public health agency's services. With respect to any permit, the local board of health shall set the fee for the permit so as to recover, as nearly as can be practically established, the costs associated with that permit. Upon request, the local board of health shall provide the permittee with a statement that specifies how the permit fee was calculated. A local board of health may also set fees for soil evaluation and other services as requested by the applicant. The fees may be no greater than required to offset the actual indirect and direct costs of the services.
(2) Local boards of health may set fees for percolation tests and other soil evaluation services that are performed by the local public health agency. The fees may be no greater than required to offset the actual indirect and direct costs of such services.
(3) In addition to the fees established in this section, the division may assess a fee of twenty-three dollars for each permit authorized for a new, repaired, or upgraded on-site wastewater treatment system. Of that fee, the county in which the on-site wastewater treatment system is or will be located shall retain three dollars to cover the county's administrative costs and shall transmit twenty dollars to the state treasurer, who shall deposit that sum in the public and private utilities sector fund created in section 25-8-502 (1.5)(a)(V).
(4) Subsection (3) of this section and this subsection (4) are repealed, effective July 1, 2026.
Source: L. 97: Entire article amended with relocations, p. 130, � 1, effective July 1. L. 2007: (3) added, p. 1457, � 4, effective July 1. L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 490, � 1, effective August 8. L. 2017: (3) amended, (HB 17-1285), ch. 356, p. 1878, � 4, effective July 1. L. 2020: (1) amended, (HB 20-1094), ch. 20, p. 76, � 1, effective September 14. L. 2023: (4) added, (SB 23-274), ch. 216, p. 1117, � 8, effective May 17.
Editor's note: The former � 25-10-107 was relocated to � 25-10-108 in 1997.
Cross references: For the legislative declaration in HB 17-1285, see section 1 of chapter 356, Session Laws of Colorado 2017.
25-10-108. Performance evaluation and approval of systems employing new technology. (1) A systems contractor, a professional engineer, or a manufacturer of on-site wastewater treatment systems that employ new technology may apply to the division for a determination of reliability of the system. The division may hold a public hearing to determine whether the particular design or type of system, based upon improvements or developments in the technology of sewage treatment, has established a record of performance reliability that would justify approval of applications for such systems by the health officer without mandatory review by the local board of health. If the division determines, based upon reasonable performance standards and criteria, that reliability has been established, the division shall so notify each local board of health, and applications for permits for the systems may thereafter be acted upon by the health officer, the health officer's designated representative, or the local board of health's designated representative, in the same manner as applications for systems described in section 25-10-106. The division shall not arbitrarily deny any person the right to a hearing on an application for a determination of reliability under this section.
(2) Except for designs or types of systems that have been approved by the division pursuant to subsection (1) of this section, the local public health agency may approve an application for a type of system not otherwise provided for in section 25-10-106, only if the system has been designed by a professional engineer and only if the application provides for the installation of a backup system, of a type previously approved by the division under subsection (1) of this section, in the event of failure of the primary system. A local public health agency shall not arbitrarily deny any person the right to consideration of an application for such a system and shall apply reasonable performance standards in determining whether to approve an application.
Source: L. 97: Entire article amended with relocations, p. 131, � 1, effective July 1. L. 2004: Entire section amended, p. 1313, � 63, effective May 28. L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 490, � 1, effective August 8.
Editor's note: This section is similar to former � 25-10-107 as it existed prior to 1997, and the former � 25-10-108 was relocated to � 25-10-109.