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Home My WebLink Aboutbocc.ord.004.2006 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AMENDING THE PITKIN COUNTY CODE, TITLE 6, CHAPTER 6.28 (INDIVIDUAL SEWAGE DISPOSAL SYSTEMS) BY ADDING A NEW ARTICLE 14 (LICENSING OF SYSTEMS CONTRACTORS AND SYSTEMS CLEANERS) AND AMENDING AND ADDING CERTAIN DEFINITIONS IN ARTICLE 2 ORDINANCE NO. (JOt! -2006 RECITALS 1. Pitkin County does not currently license installers of individual sewage disposal systems (systems contractors) or cleaners of individual sewage disposal systems (systems cleaners). 2. Under state law, the Board of County Commissioners, acting as the local Board of Health, may adopt rules that provide for the licensing of systems contractors and cleaners. 3. Licensing systems contractors and cleaners will allow the Environmental Health and Natural Resources Department to track entities and individuals that install or clean individual sewage disposal systems in Pitkin County. 4. Licensing systems contractors and cleaners will assure they possess a basic level of knowledge of the rules and regulations associated with the installation, construction, repair, alteration and cleaning of individual sewage disposal systems. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that the Pitkin County Individual Sewage Disposal Systems Regulations be amended by adopting Article 14: Licensing of Systems Contractors and Systems Cleaners, and by adopting certain amendments to the definitions contained in Article 2, all as set forth on Exhibit A hereto, and establishing a fee schedule as set forth on Exhibit B hereto. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON February 8, 2006. NOTICE OF PUBLIC HEARING AND THE FULL ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON February 12, 2006. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON February 22.2006. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON February 26.2006. 2 )- "-;;L~-tf1. BOARD OF COUNTY COMMISSIONERS OFPITKINC~O BY:~ Micliael . Ireland Date: Chai~ .", J", , ()t, APPROVED AS TO FORM: MA ~'( APPROVAL: / "n /~ju.L-c { \1t~ her Smith, County Manager Hilary FI 3 ,~ EXHIBIT A The following amendments are made to Article 2 (Definitions), Chapter 6.28.040 (Definitions): The current definition of "Department" is deleted in its entirety and the following definition is substituted in its place: Department - The Pitkin County Environmental Health and Natural Resources Department. The following new definitions are added: Permit - unless the context otherwise requires, a document, issued by the department, authorizing the construction, installation, alteration, repair and/or use of an individual sewage disposal system. Systems Cleaner - an entity or individual engaged in the cleaning and pumping of individual sewage disposal systems. Systems Contractor - an entity or individual engaged in constructing, installing, altering, and/or repairing individual sewage disposal systems. The following is added as a new Article 14: Article 14. Licensing of Systems Contractors and Systems Cleaners 6.28.800 Regulation of Systems Contractors. A. Any entity or individual engaged in the construction, installation, alteration, or repair of an ISDS in Pitkin County is required to be licensed by the department. B. No entity or individual shall construct, install, alter, or repair an individual sewage disposal system unless the work is performed by a licensed systems contractor, or is being performed under the direct supervision of a licensed systems contractor. Corporations and other entities operating as systems contractors in Pitkin County must employ at least one (I) person that is a licensed systems contractor. C. A property owner may construct, install, alter, or repair an ISDS on such person's own property without a license, provided the property owner (or an authorized representative of the property owner, in the case of an entity) receives the department's approval by successfully demonstrating adequate knowledge of these regulations by passing a test administered by the department prior to construction, installation, alteration, or repair of the system. 6.28.810 Licensing Procedures. 4 j 6.28.820 6.28.830 A. Application for a systems contractor license, or license renewal, shall be made on fonns provided by the department. B. Fees for a systems contractor license and license renewal will be established by the department from time to time. Initial licenses and renewals thereof shall be for a period of one (I) year. A license that lapses because of failure to renew, or is revoked, shall be subject to the fee established for an initial license upon reapplication. C. Prior to the issuance of an initial license, license renewal (at the time specified in subparagraph (D) below), or reinstatem.ent of a revoked license, the applicant must demonstrate adequate knowledge of these regulations by passing a test administered by the department. D. A test will be administered for: (i) all initial licenses, (ii) every three (3) years for renewals, or earlier, if necessitated by a material change in these regulations, and (iii) prior to reinstatement of a revoked license. E. The fee for testing (and retesting) a property owner will be charged at the same rate as a systems contractor initial license. Initial approval and subsequent approvals given by the department to a property owner engaged in the construction, installation, alteration, or repair ofan ISDS on such person's own property shall be for a period of one (I) year. Standard of Performance Required for Holders of Systems Contractor Licenses. A. Construction, installation, alteration, or repair of any ISDS shall be in compliance with these regulations and with the conditions set forth in the permit. B. It is the responsibility of the licensed systems contractor to report to the property owner, in writing, the discovery of any prohibited component of an ISDS (such as a metal tank, cesspool, or malfunctioning system). The property owner will be responsible for submission of a repair permit to the department within two (2) days of discovery, as required in 6.28.200 H. of these regulations. C. The systems contractor shall be responsible for making arrangements for all inspections required for final approval of a permit unless the department is notified and approves, in advance, other arrangements. Revocation of a Systems Contractor License. A. A systems contractor license may be revoked for failure to comply with these regulations, or for other good cause shown. Written notice of the violation(s) shall be delivered to the systems contractor by certified mail, return receipt requested. The systems contractor shall have ten (10) business days to provide a written response to the notice ofviolation(s). Revocation ofa license shall take place only after a hearing before the Pitkin County Board of Health. The systems contractor shall be given notice of the hearing by certified mail, return receipt requested, and may be represented at the hearing by counsel. B. Application for a new license for a systems contractor whose license has been revoked shall not be considered for one (I) year after revocation. 5 Jf 6.28.840 6.28.850 6.28.860 Regulation of Systems Cleaners. A. Any entity or individual engaged in ISDS cleaning in Pitkin County is required to be licensed by the department. B. No entity or individual shall engage in the cleaning of an ISDS unless the work is performed by a licensed systems cleaner, or is being performed under the direct supervision of a licensed systems cleaner. Corporations and other entities operating as systems cleaners in Pitkin County must employ at least one (I) person that is a licensed systems cleaner. Licensing Procedures. A. Application for a systems cleaner license, or license renewal, shall be made on forms provided by the department. B. Fees for a systems cleaner license and license renewal will be established by the department from time to time. Initial licenses and renewals thereof shall be for a period of one (I) year. A license that lapses because of failure to renew, or is revoked, shall be subject to the fee established for an initial license upon reapplication. C. Prior to the issuance of an initial license, or renewal of a license (at the time specified in subparagraph (D) below), the applicant must demonstrate adequate knowledge of these regulations by passing a test administered by the department. D. A test will be administered for: (i) all initial licenses, (ii) every (3) three years for renewals, or earlier, if necessitated by a material change in these regulations, and (iii) prior to reinstatement of a revoked license. Standard ofPerfonnance Required for Holders of Systems Cleaner Licenses. A. It is the responsibility of the licensed systems cleaner to report to the property owner, in writing, the discovery of any prohibited component of an ISDS (such as a metal tank, cesspool, or malfunctioning system). The property owner will be responsible for submission of a repair pennit to the department within two (2) days of discovery, as required in 6.28.200 H. of these regulations. B. Systems cleaners, when cleaning a septic tank or aeration plant, shall remove the liquid, sludge and scum, leaving no more than three inches (3"y depth of sewage in a non-backflowing septic tank or aeration plant. In backflowing types of systems, cleaning shall be effective in reducing solids and scum to the point of a near-new system. A dosing tank or compartment is not required to be pumped unless accumulation of sludge or scum interferes with the proper operation of the ISDS. C. After pumping the tank, a systems cleaner shall inspect the tees, baffles, aerator unit, pumps, alarms, filters, siphons and other internal or external components of the tank(s) being pumped and notify the property owner, in writing, if any of these components are damaged or missing. 6 ,./ ) D. Any filters, or other devices which require routine maintenance and cleaning shall be inspected and cleaned by the systems cleaner, if necessary. E. Systems cleaners shall maintain their equipment so as to ensure that no spillage of sewage will occur during transportation and so that their employees are not subjected to health hazards. F. Systems cleaners are strongly encouraged to have proper personal protective equipment and immunizations for protection against diseases associated with sewage. G. Systems cleaners shall dispose of waste materials removed from any ISDS only at an approved Domestic Wastewater Treatment Plant, as defined by the Colorado Department of Public Health and Environment (CDPHE) Water Quality Control Commission (WQCC) Regulation 22, or other approved CDPHE site that is willing to accept the waste. Disposal must occur in a manner which does not create a hazard to public health, employee health. a nuisance, or a risk of pollution. 6.28.870 Revocation of a Systems Cleaner License. A. A systems cleaner license may be revoked for failure to comply with these regulations, or for other good cause shown. Written notice of the violation(s) shall be delivered to the systems cleaner by certified mail, return receipt requested. The systems cleaner shall have ten (10) business days to provide a written response to the notice ofviolation(s). Revocation ofa license shall take place only after a hearing before the Pitkin County Board of Health. The systems cleaner shall be given notice of the hearing by certified mail, return receipt requested, and may be represented at the hearing by counsel. B. Application for a new license for a systems cleaner whose license has been revoked shall not be considered for one (I) year after revocation. EXHIBIT B The following fee schedule shall apply to the licensing of systems contractors and systems cleaners. Systems Contractor License Fees Initial Fee $25.00 Renewal Fee $10.00 Systems Cleaner License Fees Initial Fee $25.00 7 b Renewal Fee $10.00 Reference: Colorado Department of Public Health and Envirollment, \Vater Quality Control Division. Slate Hoard (~rf-lL'alth Guide/ines on lndil'idllalS"clvage Lhsposa/ S~t's'('1ns, Amended 2000, Section IV. 1\'1. 1. and 2. 8 1