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Home My WebLink Aboutbocc.ord.004.2009ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AMENDING PITKIN COUNTY CODE TITLE 6, CHAPTER 6.28, "ONSITE WASTEWATER TREATMENT SYSTEMS" ORDINANCE NO. OGY -2009 RECITALS A. WHEREAS, the Board of County Commissioners serves as the local Board of Health for Pitkin County and, as such, has the authority to adopt rules and regulations governing the design, construction, installation, repair, modification, maintenance and use of onsite wastewater treatment systems; and B. WHEREAS, the Board of County Commissioners desires to amend its rules and regulations governing the design, construction, installation, repair, modification, maintenance and use of onsite wastewater treatment systems to preserve and protect the environment and to protect the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that Pitkin County Code Title_ 6, Chapter 6.28, "On-site Wastewater Treatment Systems," is hereby amended as set forth below: 1. The first sentence of Section 6.28.020(B)(2)(a), concerning the effective date for institution of a Use Permit program in Pitkin County, is amended as follows: Effective on and after march 8 °, Julv 1.2010„ prior to the sale of a property served by one or more OWTSs (including any OWTS in existence prior to adoption of this Regulation), the owner(s) of the property shall obtain an OWTS use permit for each system on the property. 2. The first sentence of Section 6.28.020(B)(2)(b), concerning the effective date for institution of a Use Permit program in Pitkin County, is amended as follows: Effective on and after Mafeh 8,' °, July 1.2010, an OWTS use permit shall also be required prior to issuance of a building permit for a property already served by one or more OWTSs. 3. The first sentence of Section 6.28.030(B)(1), concerning the effective date for institution of a Use Permit program in Pitkin County, is amended as follows: Effective on and after Mare. 8, ''°°O, July J. 2010. an OWTS use permit is required for property transactions resulting in a change in ownership of a property served by an OWTS or requiring a building permit, unless exempted under Section 6.28.020(B)(2). 4. The first sentence of Section 6.28.060(A)(1), concerning personnel approved to conduct soils tests, is amended as follows: Unless ethe * ' ' testing shall be conducted on all sites by a qualified geologist, PE, or a qualified field technician under the supervision of a qualified geologist or PE, regardless of the type of OWTS planned to serve the parcel. 5. Section 6.28.010(A)(2), concerning calculation of the size of an OWTS's absorption area, is amended as follows: The minimum absorption area in square feet (A) may be computed as a function of the design flow (Q a load factor (PLF) and the appropriate LTAR from Table 6.28 -3, according to the formula: A _ QD LTAR Where: LTAR = Maximum Loading Rate from Table 6.28 -3, based on the soil profile hole or boring texture of the constraining soil layer. QD= 1.5 x 2 persen/bedr-een} nersons x number of bedrooms x 75 gallons /person/day (living area 5 6,000 square feet); or = 1.5 x 2 persen/bedfeem verso x number of be dimns x 100 gallons /person/day (living area > 6,000 square feet); or = 1.5 x average daily wastewater flow, as determined from Table 6.28 -2. PLF = 1.0 6. Section 6.28.080(I)(4), concerning materials to be used in construction of a pipe and gravel OWTS, is amended as follows: A minimum of 6 inches of gravel and aggregate, or material of comp arable efficienc`L approved by the Department (e.g.. tire chips), ranging in size from V2 to 2 -% inches shall be laid into the trench or bed below the distribution pipe elevation. The aggr-egate fI L m aterial shall be evenly distributed a minimum of 2 inches over the top of the distribution pipe The aggregate shall and shall be covered with separation fabric. Building paper shall not be used to eeveF the aggregme. 7. Section 6.28.080(K)(4), concerning the allowance of a reduction for dosing in mound and sand filter systems, is amended as follows: When a dosing system is installed, the square footage of the absorption area may be reduced by 20 percent ° pt that ne desing system sizing o r - ed it shr -q] ba arlEo wedfo _ mound system 8. Section 6.28.090(A)(2)(b), concerning depth of fill material to be used in a mound system, is amended as follows: The filter material used in the construction of a mound system shall be a clean, coarse sand, as specified in Section 6.28.090(B)(2)(b)—, wA i a meirk:um depth e€-2-feet. If sand filter material is used, sizing shall be in accordance with 6.28.090(B)(2)(a). 9. The third sentence of Section 6.28.090(A)(2)(c), concerning the method used to confirm soil absorption characteristics, is amended as follows: The fill must be verified as suitable filter material by eempfte ie dogi tests to confirm uniformity and percolation tests to confirm absorption characteristics. 10. Section 6.28.090(A)(2)(d), concerning the allowance of a reduction for dosing in mound systems, is amended as follows: No reduction shall be taken in absorption area size for a chamber system ef desin g on a mound system. 11. The last two sentences of Section 6.28.090(A)(3)(b), concerning the effluent application method and orifice size in a mound system, are amended as follows: Orifices sl" are recommended to. be no smaller than 3/16 inch unless preceded by secondary treatment or an effluent filter A ll ' efals shall have Flushing valves are also recommended on all laterals, 12. Section 6.28.090(B)(2)(a), concerning sizing criteria for the absorption area of sand filters, is amended as follows: The minimum area for a sand filter shall be computed as a function of the design flow. An application rate of 0.95 gallons per square foot per day, of the eempafable per-selation rate of 28 MP4 shall be used. 13. Section 6.28.090(B)(2)(d), concerning the allowance of a reduction for dosing in a sand filter system, is amended as follows: No reduction shall be taken in absorption area size for a chamber system of desifig on a sand filter. 14. The last two sentences of Section 6.28.090(B)(3), concerning the effluent application method and orifice size in a sand filter system, is amended as follows: Orifices shag are recommended to be no smaller than 3/16 inch unless preceded by secondary treatment or an effluent filter. Al l Wefals shall h,--. Flushing valves are also recommended on all laterals. 15. Section 6.28.140(E)(1), concerning the use of chemical toilets, is deleted in its entirety and the following language is substituted in its place: 1. Except during construction, or under emergency circumstances (e.g., when an OWTS has failed), use of a portable chemical toilet is prohibited in the following circumstances: 3 a. To serve a permanently occupied building (whether private, or open to the public); b. To serve an unoccupied building used by the general public on an ongoing basis (e.g., a commercial garage); or c. To serve an unoccupied building used by employees of the owner or lessee of the property on an ongoing basis (e.g., a private horse stable). Use of a portable chemical toilet on an ongoing basis on a vacant property, or a remote area of an inhabited property, is also prohibited except in those instances where the property owner(s) demonstrates to the Department that the use of other approved toilet facilities is not feasible: i. Due to site limitations (e.g., the required setback of an OWTS's absorption area from a well cannot be met on the property); or ii. Because the financial burden associated with the use of any available alternative(s) clearly outweighs the public health and environmental benefits associated with the use of such alternative(s) (e.g., the chemical toilet will only be needed for the duration of a special event, or the chemical toilet will only be needed for limited seasonal operations, and will be removed when not in use). 16. The second sentence of Section 6.28.180(B)(2), concerning performance criteria for OWTSs in an OWTS Protection Zone, is amended as follows: Expected and /or stipulated performance criteria shall be as defined in the ANSI/NSF Standard 40 Class I and /or ANSI/NSF Standard 245 INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON FEBRUARY 11, 2009. NOTICE OF PUBLIC HEARING AND THE FULL ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON FEBRUARY 15, 2009. ADOPTED AFTER SECOND READING ON FEBRUARY 25, 2009. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON MARCH; 2009. THIS ORDINANCE SHALL BECOME EFFECTIVE 45 DAYS AFTER FINAL ADOPTION. ATTEST: BOARD OF COUNTY COMMISSIONERS: 9 Jones County Ilerk APPROVED AS TO FORM: John El ttorney Patti Kay- QlapperjChir Date: - c�, / /U l MANAGER APPROVAL: A I Hilary Flet er, County Manager s