1. 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

2. 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

3. 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

4. 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’?

5. 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?

6. 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

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

8. 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.

9. 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

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

11. 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)

12. 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 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.

13. 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.

14. 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

15. 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

16. 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

17. 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

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

19. 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

20. Type of Soil Treatment Area
Table 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

21. Table 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.

22. 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

23. 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

24. 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

25. 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

26. Questions and Comments
Chuck Cousino