HomeMy WebLinkAboutNotice of OWTS Violation 06.03.25Garfield 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
Geneve Kashnig June 3, 2025
2587 West 1500 South
Vernal, UT 84078
Notice of Violation
On May 22, 2025, Garfield County Public Health (GCPH) received a major repair Onsite Wastewater
Treatment System (OWTS) permit application for the property located at 449 County Road 223
(Peterson Lane) near Rifle in Garfield County, Colorado. Through discussions with the OWTS designer,
we understand the system was installed without obtaining an appropriate OWTS permit. In addition, this
system has been partially backfilled. You submitted the OWTS design documents with the application.
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 GCPH to acknowledge receipt of
this NOV and to discuss the process and timeline to bring the system into compliance;
2. GCPH shall review the previously submitted materials to determine if the OWTS design meets
current Garfield County OWTS Regulations and perform a site visit to observe the site conditions
and OWTS;
3. If our review indicates the OWTS design does not meet current Garfield County OWTS
Regulations, you shall hire an OWTS professional or utilize the existing professional to design a
regulatory compliant OWTS, remove the installed OWTS components, and submit the revised
design to Garfield County for review prior to re-installing or altering the system; and,
a. After any alterations are made, you must contact GCPH for a final inspection.
4. Do not backfill any components of the OWTS until final approval of both GCPH and the designer.
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;
Garfield County Public Health Department – working to promote health and prevent disease
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