Regulation 43; Local Regulation Revisions; Product and Technology Status Chuck Cousino, REHS Onsite Wastewater Program Coordinator Water Quality Control Division CPOW Annual Conference January 16, 2014

Local Regulation Adoption Process Current Local Regulations in Use Until New Local Regulations Become Effective Effective Date of Local Regs. Must Be By June 30, 2014 Back-Calculate Calendar to Be Sure You Have Enough Time Your Board of Health Process State Review Process Allow for Possible Revisions And, most importantly… The Unexpected

Suggested Regulation Approval Process Submit Regulations to WQCD: Feb. 15 – March 15, 2014 (30 Prior to Public Hearing) Provide Public Notice of the Hearing: (20 Days Prior to Public Hearing) Hold Public Hearing; Final Adoption: March 15 – April 15, 2014 Resubmit Final Adopted Regulation to CDPHE within 5 Days Local Regulation Becomes Effective: April 30, - May 30 (45 Days; unless CDPHE review defines issues) Effective Date Requirement per Reg. 43: June 30, 2014 Last drop dead date for reg. submittal is April 15

Local Decision Points for OWTS Regulations: Listed and need to be defined on “Local Regulation Review Submittal Form” Are your local regulation more stringent than Reg. 43? Flow rates, 75 or 100 gal./person/day? Will you be licensing installers and/or pumpers? Will you be allowing variances? Occupancy; follow Reg. 43, or 2 persons/bdrm for all? Will you define unfinished areas as additional bedrooms, or just those noted on the building permit? Will you be requiring the use of effluent filters? Will you restrict the length of distribution lines to 100’?

Local Decision Points, Continued: Listed and need to be defined on “Local Regulation Review Submittal Form” Are inspection ports at the initial end of the system required? Are new or existing vault privies allowed? Are new or existing pit privies allowed? Are slit trenches allowed? Are beds wider than 12’ allowed with HLT? (O/M Req’d) Will you have an oversight program for HLT systems? (Allowing reductions in STA and separation distances) Will you have a Transfer of Title inspection program? Will you have a Renewable Permit program?

If Adopted, Procedures to be Defined within Local Regulation: Licensing Installers and Pumpers Must define the application and certifications process Note requirements for certification and decertification Costs and timeframes; renewals Variances: Must define what types of variances will be heard Must define what types of variances will require a Public Hearing Must define application procedures and costs Must define timeframes and notifications procedures

Additional Decision Points Criteria: Oversight program for inspections, maintenance, record keeping and enforcement: Requirements are defined in Sec. 43.14 of Reg. 43 Applications, certifications, maintenance frequency, permits sampling, reporting, etc… Tracking Transfer of Title Inspection Program: Requirements are defined in Sec. 43.4.M of Reg. 43 Applications, certifications, minimum OWTS standards, acceptance, denials, etc… Renewable Permits: Requirements are defined in Sec. 43.4.N of Reg. 43 Must define the “purpose” of the renewable permit

Additional Decision Points Requiring Definition within Local Regulation. (if chosen) The LPHA may chose to prohibit the issuance of OWTS permits in defined areas. Will need to define. The LPHA may chose to identify soil types for which different procedures will apply. Will need to define. The LPHA may chose to require percolation tests to remain open until after their evaluation. Will need to define.

Local Decision Points for OWTS Regulations: Form Provided Pages 2 & 3 requires that you provide a “cross-walk” to your local citation for your “Decision Points Summary” Page 4 requires that you list all items that are “more stringent” than Reg. 43 Pages 5 & 6 requires that you provide a “cross-walk” to your local citation vs. each citation in Reg. 43

How do we go about writing our Regs.? Where do we start? Will this be you?????????

Options for Local Regulation Development Edit Reg. 43 using the word.doc provided (red-line) Follow your current format including all requirements of Reg. 43 (cross-walk) Utilize CDPHE Template (for those counties choosing to not allow reductions for HLT)

Rewrite example - redline 43.6 Wastewater Flow and Strength A. Wastewater Flows 1. A local public health agency may require the installation of a meter to measure flow into the facility or the OWTS. 2. Single Family Residential Homes: a. Flow per person shall be 75 100 gallons per day (gpd). b. A local public health agency may increase the wastewater flow per person to 100 gpd where justified. b. The minimum design flow for a new home shall be for a 2-bedroom house. The minimum design flow for the repair or replacement of an OWTS of an existing 1-bedroom home shall be 1-bedroom unless bedrooms are added. d. c. For homes up to and including 3 bedrooms, the number of persons per bedroom shall be 2. e. d. For homes with more than three bedrooms, the number of persons shall be six persons (first three bedrooms x 2 persons per bedroom) plus one additional person for each bedroom more than three bedrooms. f. A local public health agency may increase the number of persons per bedroom to 2 for all bedrooms.

Opt Out of “Opt Ins” - Reductions 43.14 Operation and Maintenance D. Permitting and Oversight of Maintenance for Soil Treatment Area Reductions and Vertical and Horizontal Separation Distance Reductions Based on Use of Higher Level Treatment, etc. 43.13.A. Reductions in Soil Treatment Area or Reductions in Vertical or Horizontal Isolation Distances is NOT Allowed.

Table 10-1. Soil Treatment Area Long Term Acceptance Rates Soil Type, Texture, Structure and Percolation Rate Range Long Term Acceptance Rate (LTAR); Gallons per day per square foot Soil Type USDA Soil Texture USDA Soil Structure-Shape USDA Soil Structure-Grade Percolation Rate (MPI) Treatment Level 11 Treatment Level 21 Treatment Level 2N1 Treatment Level 31 Treatment Level 3N1 Soil Type 1 with more than 35% Rock (>2mm); Soil Types 2-5 with more than 50% Rock (>2mm) -- Single Grain (0) <5 Minimum 3 foot deep unlined sand filter required2 MINIMUM 2 FOOT DEEP UNLINED SAND FILTER REQUIRED2 1 Sand, Loamy Sand 5-15 0.80 1.25 1.40 2 Sandy Loam, Loam, Silt Loam PR (Prismatic) BK (Blocky) GR (Granular) 2 (Moderate) 3 (Strong) 16-25 0.60 0.90 1.00 2A PR, BK, GR 0 (none) 1 (Weak) Massive 26-40 0.5 0.70 3 Sandy Clay Loam, Clay Loam, Silty Clay Loam 2, 3 41-60 0.35 0.50 3A 61-75 0.30 0.40 4 Sandy Clay, Clay, Silty Clay 76-90 0.20 4A 91-120 0.15 5 Soil Types 2-4A Platy 1, 2, 3 121+ 0.10

Table 10-1, Soil Treatment Area Long Term Acceptance Rates; For LPHA which only allow Treatment Level; No oversight program Soil Type, Texture, Structure and Percolation Rate Range Long Term Acceptance Rate (LTAR); Gallons per day per square foot Soil Type USDA Soil Texture USDA Soil Structure-Shape USDA Soil Structure-Grade Percolation Rate (MPI) Treatment Level 11 Treatment Level 21 Treatment Level 2N1 Treatment Level 31 Treatment Level 3N1 Soil Type 1 with more than 35% Rock (>2mm); Soil Types 2-5 with more than 50% Rock (>2mm) -- Single Grain (0) <5 Minimum 3 foot deep unlined sand filter required2 MINIMUM 2 FOOT DEEP UNLINED SAND FILTER REQUIRED2 1 Sand, Loamy Sand 5-15 0.80 1.25 1.40 2 Sandy Loam, Loam, Silt Loam PR (Prismatic) BK (Blocky) GR (Granular) 2 (Moderate) 3 (Strong) 16-25 0.60 0.90 1.00 2A PR, BK, GR 0 (none) 1 (Weak) Massive 26-40 0.5 0.70 3 Sandy Clay Loam, Clay Loam, Silty Clay Loam 2, 3 41-60 0.35 0.50 3A 61-75 0.30 0.40 4 Sandy Clay, Clay, Silty Clay 76-90 0.20 4A 91-120 0.15 5 Soil Types 2-4A Platy 1, 2, 3 121+ 0.10

Table 10-1 For Septic Tank Effluent Similar to ISDS Guidelines Soil Type, Texture, Structure and Percolation Rate Range Long Term Acceptance Rate (LTAR); Gallons per day per square foot Soil Type USDA Soil Texture USDA Soil Structure-Shape USDA Soil Structure-Grade Percolation Rate (MPI) Treatment Level 11 Soil Type 1 with more than 35% Rock (>2mm); Soil Types 2-5 with more than 50% Rock (>2mm) -- Single Grain (0) <5 Minimum 3 foot deep unlined sand filter required2 1 Sand, Loamy Sand 5-15 0.80 2 Sandy Loam, Loam, Silt Loam PR (Prismatic) BK (Blocky) GR (Granular) 2 (Moderate) 3 (Strong) 16-25 0.60 2A PR, BK, GR 0 (none) 1 (Weak) Massive 26-40 0.5 3 Sandy Clay Loam, Clay Loam, Silty Clay Loam 2, 3 41-60 0.35 3A 61-75 0.30 4 Sandy Clay, Clay, Silty Clay 76-90 0.20 4A 91-120 0.15 5 Soil Types 2-4A Platy 1, 2, 3 121+ 0.10

TABLE 7-2 OWTS DESIGN CONSIDERATION AND TREATMENT REQUIREMENTS – SEPARATION DISTANCES FROM SOIL TREATMENT AREA* PRESSURE DOSING REQUIRED ITEM OWTS DESIGN CONSIDERATION Treatment Levels 1 and 2 Treatment Level 2N Treatment Level 3 Treatment Level 3N Horizontal Separation Distances 1 Distance from soil treatment area to on-site well Greater than or equal to 100 feet Greater than or equal to 75 feet1 2 Distance from soil treatment area to pond, creek, lake, or other surface water feature Greater than or equal to 50 feet Greater than or equal to 25 feet 3 Distance from soil treatment area to dry gulch or cut bank Greater than or equal to 10 feet Vertical Separation Distances 4 Depth in feet from soil treatment area infiltrative surface to restrictive layer or ground water 4 feet (3 feet with pressure dosing) Greater than or equal to 2 feet

*AGAIN, IF AND ONLY IF: (For TL 2, 2N, 3 & 3N) Mandatory Inspections and Maintenance Maintenance Oversight Program

TABLE 7-2 OWTS DESIGN CONSIDERATION AND TREATMENT REQUIREMENTS – SEPARATION DISTANCES FROM SOIL TREATMENT AREA FOR TREATMENT LEVEL 1 (SAME AS TABLE 7-1) PRESSURE DOSING REQUIRED ITEM OWTS DESIGN CONSIDERATION Treatment Levels 1 and 2 Treatment Level 2N Treatment Level 3 Treatment Level 3N Horizontal Separation Distances 1 Distance from soil treatment area to on-site well Greater than or equal to 100 feet Greater than or equal to 75 feet1 2 Distance from soil treatment area to pond, creek, lake, or other surface water feature Greater than or equal to 50 feet Greater than or equal to 25 feet 3 Distance from soil treatment area to dry gulch or cut bank Greater than or equal to 10 feet Vertical Separation Distances 4 Depth in feet from soil treatment area infiltrative surface to restrictive layer or ground water 4 feet (3 feet with pressure dosing) Greater than or equal to 2 feet

Type of Soil Treatment Area Table 10-2 Size Adjustment Factors for Methods of Application in Soil Treatment Areas Accepting Treatment Levels 1, 2, 2N, 3 and 3N Effluent Type of Soil Treatment Area Method of Effluent Application from Treatment Unit Preceding Soil Treatment Area Gravity Dosed (Siphon or Pump) Pressure Dosed Trench 1.0 0.9 0.8 Bed 1.2 1.1

Table 10-3 Size Adjustment Factors for Types of Distribution Media in Soil Treatment Areas Accepting Treatment Level 1 Effluent Type of Soil Treatment Area Type of Storage/Distribution Media Used in Soil Treatment Area Rock or Tire Chips Manufactured Media Other Than Chambers Chambers Trench or Bed 1.0 0.9 0.7 Systems producing higher treatment level effluent will also use these storage distribution systems/media, but cannot apply these adjustment factors in addition to the reductions from higher level treatment.

The good news is….. We know that it can be done! Custer Ouray Weld Jefferson Garfield Fremont The counties have all submitted and have completed the pre-adoption review process

Product and Technology Acceptance “The Division must review proprietary products in these categories” Treatment Products Distribution Products Septic Tanks Incinerating Toilets, and… Others as needed

The submittal form for Septic Tanks has been developed and will be forwarded to tank manufactures by the end of the month Reg. 43 defines the requirements and the data that needs to be submitted for approval

The submittal form for Treatment and Distribution products is being developed; Early February is the goal for availability Requirements for approval will vary for those that had prior CDPHE approval and at least one system installed, compared to those with no prior approvals Requirements defined in Reg. 43

Questions and Comments Chuck Cousino 303-692-2366 chuck.cousino@state.co.us