Colorado Wastewater Professionals Welcome Updated Guidelines

Updated onsite guidelines are a welcome addition for the Rocky Mountain state’s growing wastewater trade association.

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The Colorado Professionals in Onsite Wastewater (CPOW) organization is now 10 years old, tracing its origins to when a small group of people decided the state’s industry needed a new direction and new regulations. Chuck Cousino was involved in that effort as president of CPOW last year and is now responsible for managing the process; he became Colorado’s onsite wastewater treatment system (OWTS) coordinator for the Water Quality Control Division in November 2013.

What is the history behind the regulations?

Cousino: Emergency guidelines were implemented as regulations in 1974 with a few revisions in later years in reaction to issues that came up. A group of regulators and practitioners formed the Individual Sewage Disposal System [ISDS] Steering Committee in 2002 to update the regulations. Many of them went on to found CPOW in 2004.

One of their goals was a full-time position to run the state’s onsite program. The position was created in 2008 and I took over when my predecessor retired.

In 2009, the state initiated the process to rewrite the ISDS regulations, which eventually involved more than 250 people, roughly 20 meetings and six or seven drafts. OWTS Regulation 43 went into effect in July 2013 and local public health agencies had one year to implement their regulations that have to be at least as stringent.

What was CPOW’s role?

Cousino: Much of what happened can be credited to the group that founded CPOW. They and the local directors of environmental health were the most active in the stakeholder process.

One of the results was a defined need for training. CPOW officially formed an education committee last year, but we already had two [National Association of Wastewater Technicians]-certified trainers and have offered NAWT classes at least annually for inspectors, installers and O&M providers for years.

We are modifying the NAWT design class that was presented for the first time last year at the Pumper & Cleaner Environmental Expo International. There are items that still have to be added because of the unique geological conditions we have in the Rocky Mountains.

CPOW has added a soils class that takes much of its content from the University of Minnesota Onsite Sewage Treatment Program soils class, and we’re adding the Colorado components. Two of the biggest additions to the new regulation were the inclusion of long-term acceptance rates and placing a focus on soil structure; we were relying strictly on percolation tests. Soils training has become a real focus.

What were the biggest gaps between the old and new regulations?

Cousino: The biggest thing was changing the focus from disposal to treatment and moving toward a performance-based standard instead of a prescriptive code. We aren’t there yet, but it’s a good start. The new regulations have brought us more in line with industry standards in areas like soils, O&M, training and oversight. There is a minimum interval for maintenance evaluation by a certified inspector that varies based on the type of system. The regulations are more science-based and allow more use of current technologies to overcome site restrictions.

Did you get everything you wanted?

Cousino: The regulations were developed before my arrival. My understanding is that many areas of discussion couldn’t get buy-in from all the stakeholders so there are about 15 items that are opt-in/opt-out for the counties. One of the opt-ins is to allow for reductions in system size or isolation with the use of higher-level treatment systems. If they do, they must have oversight programs to ensure proper maintenance is conducted.

Another opt-in is a transfer of title inspection. If a county chooses to implement this, they must provide oversight and the inspector has to be certified by NAWT or an equivalent national program. A couple of counties are more stringent and require the same certification for those doing maintenance on higher-level treatment systems.

One of the biggest reasons for the options was that some counties have bigger programs and staff, 30 or 40 people. There is a lot of growth along the Colorado Front Range and their programs tend to be more progressive.

Some of the smaller counties may not even have an environmental health program. They may rely on a land-use person or building inspector for OWTS inspections and have only three or four permits a year. Their reluctance to jump into more programs is understandable.

Are the new regulations working?

Cousino: Yes. Some counties kept their old regulations and worked in the new ones. Others started with the new regs and kept some of the nuance of their old rules. For the smaller counties, we developed a four-page template to adopt the regulations by reference and still allowed for local items to be included. There is also a checklist for the opt-in/opt-out items, included as an appendix where they can define what items they want to include. We received a lot of positive feedback to the template. There are still a few counties we haven’t heard from, which we expected, but we’ll work through that.

Is the opt-in/opt-out option a strength or weakness?

Cousino: It’s a good step that allowed the core items to be implemented. The site evaluation requirement is very extensive. Tanks have to be recertified, watertight risers to grade are required, and a focus has been placed on system maintenance. There are significant advancements and systems are going to last longer.

The options allow the smaller counties to work within the framework of their abilities, both manpower and financial. Education will make a difference and we plan to revisit the regulations in a few years.

Any advice for other states that want to do such an update to their regulations?

Cousino: Patience. ‘Baby steps’ was the term used by my predecessor. Start early with the stakeholders, define where you want to go and how to get there. You may not reach the end right away, it might be the next time or the time after that; just keep things moving in the right direction by getting buy-in from your stakeholders and get their feedback. Education is key. 



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