HomeMy WebLinkAboutNotice of OWTS Violation 5.30.2025Garfield 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
Paul and Wendy Gabica May 30, 2025
429 Meadow Court
Basalt, CO 81621
Notice of Violation
On May 9, 2025, you contacted Garfield County Public Health (GCPH) to inform us that an existing
Onsite Wastewater Treatment System (OWTS) on the property identified by Parcel ID Number:
239923200058 near New Castle in Garfield County, Colorado was installed without an appropriate
OWTS permit. We understand that you intend to construct a new building on the property and as part of
the building permit process, Garfield County Community Development staff directed you to contact
GCPH to bring the existing OWTS into compliance.
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.garfieldcountyco.gov/environmental-health/wp-content/uploads/sites/16/4-20-23-
Garfield-County-amended-regulation-43_OWTS_2023.pdf
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 2 business days of receipt of this notice, YOU SHALL contact Garfield County Public
Health to acknowledge receipt of this NOV and to discuss the process and timeline to bring the
system into compliance;
2. Within 1 week of receipt of this notice, YOU SHALL apply for a new OWTS permit application
and pay the applicable fee and submit all documentation (design documents, photographs, emails,
drawings, etc.) that are available for the existing OWTS;
3. After the OWTS permit application is submitted and the applicable fee is paid, Garfield County
Public Health SHALL review the submitted materials to determine if the OWTS meets current
Garfield County OWTS Regulations and perform a site visit to observe the existing OWTS;
4. If our review indicates the OWTS does not meet current Garfield County OWTS Regulations,
YOU SHALL hire an OWTS professional to design a regulatory compliant OWTS and submit it to
Garfield County for review PRIOR to installing or altering the existing system; and,
5. After any alterations to the existing unpermitted OWTS are made, YOU SHALL contact Garfield
County Public Health for a final inspection of any and all alterations to the existing system, prior to
backfilling any components of the system.
Garfield County Public Health Department – working to promote health and prevent disease
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@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, REHS
Environmental Health Manager
OWTS Enforcement Officer
Garfield County Public Health
cc: Edward R. “Ted” White, P.E., Garfield County Environmental Health Specialist III
Teresa Bianco, Garfield County community Development Permit Technician
Brooke Winschell, Garfield County Community Development Technician
Graham Jackson, Garfield County Assistant County Attorney