HomeMy WebLinkAboutNotice of OWTS Violation 05.15.25Garfield 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
Drew Taylor May 15, 2025
310 Flying Fish Rd
Carbondale, CO 81623
Notice of Violation
Drew Taylor,
On April 11, 2025, Garfield County Public Health (GCPH) received an onsite wastewater treatment
system (OWTS) repair permit for the existing septic system, permit #1383, located at 310 Flying Fish
Rd, near Carbondale in Garfield County, Colorado. During the review of the OWTS repair permit
application, the design engineer indicated in their report that a detached 2-bedroom dwelling unit
located above the existing garage was connected to the existing OWTS. Garfield County Building
Permit #3858 from 1990 specifically states no bedrooms as part of the permit to build a garage and
above storage space. Garfield County Building Department records do not indicate any Certificate of
Occupancy for this building. No records exist for the barn to determine intended use as well as this
department does not have information of its current or intended future use by you the owner.
The original septic permit was designed to meet the wastewater flow of a 3-bedroom home and
therefore cannot properly treat the additional wastewater.
An unpermitted connection to an existing septic system 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.” In addition, violation of Section
43.4.B.8 which states, “A permit must be required for the expanded use of an OWTS. The OWTS must
be replaced or modified to handle the increased design flow unless it is determined that the existing
system is adequately designed and constructed for the higher design flow rate.” The Garfield County
OWTS regulations can be found online at https://www.garfieldcountyco.gov/environmental-health/onsite-
wastewater-treatment-systems/.
Garfield County must have assurance that the existing septic system is in good working order and that
any additional residential units, including the 2-bedroom ADU are disconnected to the existing septic
system until an application for an OWTS has been submitted, approved and installed for this new use.
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. Withing 48 hours of receipt of this letter, you shall provide GCPH with a schedule for disconnecting
the sewage line from the detached 2-bedroom residential unit to the existing septic tank.
Garfield County Public Health Department – working to promote health and prevent disease
a. You shall indicate whether you plan to apply for an additional OWTS for the 2 bedroom unit
or demonstrate how you intend to permanently abandon the use of this unit and its
plumbing.
2. Prior to the issuance of the OWTS minor permit an inspection of the existing system shall be
conducted by a qualified OWTS professional for the determination if the current system, including
the soil treatment area, is in good working order and functioning as intended.
a. This report must be submitted to GCPH within a week of you receiving the report for staff to
review and determine the condition of the existing system.
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 me at (970) 665-6373 or jwhitcomb@garfieldcountyco.gov to discuss this notice of
violation and answer questions you may have on the above steps to correct this OWTS violation.
Sincerely,
Jannette Whitcomb
Environmental Health Manager
Garfield County Public Health
cc: John Plano, Garfield County Chief Building Officer
Teresa Bianco, Garfield County community Development Permit Technician
Brooke Winschell, Garfield County Community Development Technician
Graham Jackson, Garfield County Assistant County Attorney