Regulation 43 Onsite Wastewater Treatment System Regulation Update

Regulation #43 On-site Wastewater Treatment System Regulation Update Chuck Cousino, REHS OWTS Coordinator, CDPHE 1

They’re finally here! !! June 30, 2013

I know what you’re thinking… 3

What do I do now ? How did this happen ? 4

History – 40 Years! From Cesspools, to Reg. 43 � Temporary Emergency Guidelines – 1973 - Driven by problems created by cesspools � Actual ISDS Guidelines - 1974 � Revisions – 1979, 1984, 1988, 1994, 2000, 2004 ØFinally, the big leap: OWTS Act - 2012 Regulation #43 – 2013 5

ISDS Steering Committee Report - 2002 6

Steering Committee Recommendations � Create a full time position at CDPHE to provide state-level leadership and assistance to LPHA’s � Establish new “performance-based” criteria � Develop a model for system management � Authorize LPHA’s to implement renewable permits; develop models for this effort � Advance education/training and recommendations for certifications of professionals � Submit a proposal to address research needs 7

Founded in 2004 MISSION STATEMENT: Taking the Onsite Wastewater Industry in Colorado to a new level by establishing leadership and enhancing professionalism through outreach, information sharing, education and training. 8

Stakeholder Process for Revision of ISDS Guidelines � Started October 2009 � Number of Stakeholders = 250 + � Stakeholder Meetings = 18 � Work Groups = 8 � Opportunity for review and comment = Many � Drafts = Lost Count (5+) � Water Quality Control Commission Process • Regulatory Process • Formal, Detailed, Lengthy 9

Schedule � Once Final Draft was Complete � Public Notice � Party Status Requests � Proponents and Responsive Prehearings � Prehearing Conference � Rebuttal Statements � Water Quality Control Commission Adoption of Reg. 43 – May 13, 2013 � Reg. 43 Effective Date – June 30, 2013 10

Local Regulation Adoption Process � Current Local Regulations Remain in Use Until New Local Regulations Become Effective � Effective Date 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 11

Developing Local Regulations Local Public Health Agencies Have 1 Year To Adopt and Have Their Own Regulations Become Effective – June 30, 2014 12

Local Regulation Procedures as Stated in Regulation #43 ◦ Develop Local County OWTS Regulations ◦ Set Local Public Hearing Date ◦ Submit Proposed Regulation to WQCD for Review AT LEAST 30 days Before Hearing ◦ 20 -day Notice Period Before Public Hearing ◦ Conduct Public Hearing ◦ Submit Adopted Regulation to WQCD for Review within 5 days of Adoption � WQCD Has 45 Days for Review Before Local Regulation Can Go Into Effect � See Reg #43, Section 43. 4. A. 3. for Requirements 13

Back-Calculate Approval Process � Local Regulation Becomes Effective: 6/30/2014 ◦ (45 Days) � Public Hearing; Final Adoption: 5/15/2014 � Must Provide Public Notice: 4/25/2014 o (20 Days Prior to Public Hearing) � Must o Submit Regulations to WQCD: 4/15/2014 (30 Prior to Public Hearing) NOTE: These are drop-dead dates in the perfect world providing nothing at all goes wrong. v Suggest Back-Dating an Additional 30 – 60 Days 14

Be Kind to Barbara* � There Will Be Over 50 Local Regulations to Review � Don’t Wait Until Last Possible Date � Consider Using Regulation #43 or the CDPHE Template as the Basis for your Local Regulation � Identify Where You Make Changes from Reg #43 on the “Local Review Submittal Form” � Forms and Templates have Been Developed *And Her Successor 15

Feel Free To Contact Me Should You Have Any Questions Or Are In Need Of Assistance Chuck Cousino, REHS chuck. cousino@state. co. us 303 -692 -2366 17

One More Thing: There have been several inquiries regarding graywater. � Stakeholder Process for State Graywater Regulation is in Full Swing � Melanie Criswell Presentation, Friday at 1: 45 � Contact: Melanie Criswell melanie. criswell@state. co. us 303 -692 -3603 18

Questions ? 19