HomeMy WebLinkAboutNotice of OWTS Violation Bear Paw Lane 11.18.24Garfield County Public Health Department – working to promote health and prevent disease
Public Health
195 West 14th Street 2014 Blake Avenue
Rifle, CO 81650 Glenwood Springs, CO 81601
(970) 625-5200 (970) 945-6614
Constance and Thomas Russello November 18, 2024
PO Box 2569
Glenwood Springs, CO 81602
Notice of Violation
Constance and Thomas Russello,
On November 13, 2024, Garfield County Public Health (GCPH) staff observed an existing Onsite
Wastewater Treatment System (OWTS) on the property located at
4300 Bear Paw Lane (Parcel ID Number: 218517400152) near
Glenwood Springs in Garfield County, Colorado during our site visit
associated with a new OWTS Permit, SEPT-8962. During the site
visit, GCPH staff observed an RV connected to an existing septic
tank on the property (see photo). The existing OWTS and
associated tank were installed without an appropriate OWTS
permit. We understand that you intend to install a new,
appropriately permitted OWTS that will treat and dispose of
household waste from a proposed 5-bedroom house and have an
RV hookup associated with the new OWTS.
An unpermitted OWTS installation is a violation of Article 10 of Title
25 of the Colorado Revised Statutes (the On-site Wastewater
Treatment Systems Act) and the Garfield County Onsite Wastewater
Treatment System (OWTS) Regulations, Resolution No. 2023-09. This letter serves as a notice of
violation of Section 43.4.B.1, which states: “Prior to installing, altering, or repairing a system, the applicant
must obtain a permit from the local public health agency.” The Garfield County OWTS regulations can be
found online at https://www.garfield-county.com/environmental-health/onsite-wastewater-treatment-
systems/.
The following steps outline necessary actions to demonstrate to GCPH that you, the property owner,
intend to correct this violation and avoid a hearing before the Garfield County Board of Health:
1. Within one week of receiving this letter, you shall schedule to have the septic tank pumped and all
outlets to the tank plugged and a level alarm installed to indicate that the tank requires pumping.
The level alarm should indicate when the tank is approximately 75% full, at the most. Currently
scheduled to occur on November 18, 2024.
2. Within one week after the tank is pumped, you shall provide GCPH with the septic tank pumper’s
report.
3. The existing septic tank on the property will need to be pumped regularly while the RV is
connected to it. You shall provide copies of septic tank pumping activities to GCPH.
4. Within one week of receiving this letter, you shall provide GCPH with a schedule to install the new
OWTS permitted under OWTS Permit No. SEPT-8962, issued on November 18, 2024.
Garfield County Public Health Department – working to promote health and prevent disease
5. You shall install the new, permitted OWTS as soon as possible and connect the RV to the new
OWTS, as designed.
6. Within one week of the new OWTS being installed and the RV connected to it, you shall have the
existing septic tank pumped a final time, and remove, abandon, or demolish it.
7. Within one week of the tank being removed, abandoned, or demolished, you shall provide GCPH
documentation indicating the existing septic tank has been removed, abandoned, or demolished.
Use of RVs as residential property can only be approved by Garfield County Community Development
and as part of any approval would need a permitted OWTS. Failure to correct this violation will result in
the scheduling of a Cease-and-Desist Order Hearing with the Garfield County Board of Health to
determine immediate corrective actions, which may include:
A Cease-and-Desist Order – requires the owner to stop using the OWTS;
Monetary Fines; and
Other remedies available by law.
Please contact Ted White, OWTS Compliance Officer with GCPH at (970) 665-6383 or
twhite@garfield-county.com to discuss this notice of violation and answer questions you may have on
the above steps to correct this OWTS violation.
Sincerely,
Edward R. White, P.E.
Environmental Health Specialist III
OWTS Compliance Officer
Garfield County Public Health
cc: Jannette Whitcomb, Garfield County Environmental Health Manager
Teresa Bianco, Garfield County community Development Permit Technician
Brooke Winschell, Garfield County Community Development Technician
Graham Jackson, Garfield County Assistant County Attorney