HomeMy WebLinkAboutNotice of OWTS Violation 03.09.26Garfield 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
Rimledge A3 LLC March 9, 2026
c/Michael Edinger
108 Diamond A Ranch Road
Carbondale, CO 81623
Email: michael@aliusdc.com
Sent via email with read receipt requested
Notice of OWTS Violation
On April 1, 2025, Garfield County Public Health (GCPH) issued an Onsite Wastewater Treatment System
(OWTS) permit (Permit # SEPT-9083) for a new OWTS for the property located at 5651 County Road
100 near Carbondale in Garfield County, Colorado. On February 27, 2026, GCPH staff sent a permit
expiration notice email that the permit would expire on April 1, 2026, because construction had not
started within 1 year of permit issuance. In response to this notice, you (the property owner) called
and informed GCPH that the OWTS had been installed and was backfilled without requesting a final
inspection of the system by GCPH, the permitting agency in Garfield County for residential OWTS.
GCPH discussed this permit requirement with you via telephone on March 2, 2026, and the correction
steps outlined in this notice of violation.
All new, repaired, or altered OWTSs must be inspected by GCPH prior to covering the system
components per section 43.4.E.1. As stated on the OWTS Permit issued on April 1, 2025 (see attached
permit):
“Contact the designer and Garfield County Public Health at least 48 hours prior to
requesting final inspection of the installed system prior to backfill. NO OWTS
COMPONENT SHALL BE BACKFILLED WITHOUT PRIOR APPROVAL FROM GARFIELD
COUNTY PUBLIC HEALTH AND THE DESIGNER.”
GCPH was not contacted for final inspection and because of the actions taken by you, your installer
(Smith Mountain Builders), and the system designer (Black Canyon Engineers), GCPH cannot issue a
final acceptance letter for this system. It is important to note that a final acceptance letter issued by
GCPH is a requirement of the Garfield County Community Development department before a
Certificate of Occupancy (CO) can be issued for the new residence.
The following steps must be taken by you, the property owner, to correct this violation:
Garfield County Public Health Department – working to promote health and prevent disease
1. Owner shall contact GCPH within 48 hours of receipt of this letter (either by phone or email) to
acknowledge receipt of this NOV and to indicate their intent to follow the process and timeline to
bring OWTS Permit # SEPT-9083 into compliance.
2. The owner or owner’s installer/designer shall submit all inspection documents within a timely
manner not to exceed two weeks from the date of this letter.
3. If GCPH can adequately determine the installation of the OWTS meets Garfield County OWTS
Regulations enacted at the time of permit issuance, GCPH will issue its final acceptance letter.
4. If GCPH cannot adequately determine proper installation, the owner shall uncover any necessary
sections of the system to allow GCPH to conduct a final inspection.
5. If correction to the installed system is necessary, the Owner, consulting with their designer and
installer, shall make the required repairs to the system and contact GCPH for a final inspection of
all alterations to the system, prior to backfilling any components of the system.
Failure to correct this violation may 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 that are available by law.
Please contact Ted White 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
Jan Shute, Garfield County Assistant County Attorney
Garfield County Public Health
2014 Blake Ave.
Glenwood Springs, CO 81601
Phone: (970) 945-6614 ext. 8150
For inspections, call: 970-945-6614 ext. 8150 and call the Design Engineer, if applicable
Project Address: 5651 CR 100, Carbondale, CO Parcel No.: 239119400051
Owner Name: Rimledge A3 LLC Owner Phone: (719) 331-9211
Designed By: Black Canyon Engineers Designer Phone: (970) 568-5391
Number of Bedrooms: _5_ Minimum Tank Capacity: 1,500-gallon Minimum Absorption: 840 ft2
OWTS PERMIT
KEEP AVAILABLE AT PROJECT SITE
Permit Number _SEPT-9083_______________________________
Permit Type X New X Repair X Remodel/addition X Tank only
Issue Date _04/01/2025____________________ Expiration Date_04/01/2026_________________
Permit Conditions:
This OWTS Permit is approved on the condition of compliance with the report and design as
submitted by Black Canyon Engineers dated March 14, 2025. Changes to the design and permit must
be approved by Garfield County Public Health and the designer prior to construction.
The new OWTS will serve a five-bedroom residence. The new OWTS components consist of a sewer
line which will be constructed of Schedule 40 PVC. A new 1,500-gallon two compartment septic tank
set level with access to grade with an effluent filter installed in the outlet tee of the tank will be
installed. The septic tank shall be on the Colorado Department of Public Health and Environment’s
approved septic tank list. Effluent will gravity flow to a new distribution box set level with access to
grade that will distribute effluent to 864 ft2 of STA. The new STA area will consist of three gravelless
chamber trenches, each trench consisting of 24 ‘Quick 4’ chambers per trench (72 chambers total).
Inspection ports will be installed at each end of each trench. Maintain all setbacks and elevations as
designed.
To assist in scheduling, please contact Garfield County Public Health (970-945-6614 ext. 8150) to
notify the start of OWTS construction. Contact the designer and Garfield County Public Health at
least 48 hours prior to requesting final inspection of the installed system prior to backfill. NO OWTS
COMPONENT SHALL BE BACKFILLED WITHOUT PRIOR APPROVAL FROM GARFIELD COUNTY PUBLIC
HEALTH AND THE DESIGNER.
Agreement
All installations must comply with all requirements of the Garfield County OWTS regulations
including but not limited to the conditions specified above.
In consideration of the issuance of the permit, the applicant hereby agrees to comply with all
laws and regulations related to the zoning, location, construction, and erection of the proposed
OWTS and associated structures for which this permit is granted. The applicant further agrees
that if the above said regulations are not fully complied with in the zoning, location, erection,
and construction of the above described OWTS and structure, the permit may then be revoked
by notice from the Health Department and immediately become null and void.
The issuance of a permit and specifications of terms and conditions therein will not constitute
assumption of liability, nor create presumption that the local public health agency or its
employees may be liable for the failure or malfunctioning of any system. Permit issuance will
not constitute a certification that the system, the equipment used in the system, or any
component used for system operation will ensure continuous compliance with the provision of
the OWTS Act, the regulations adopted thereunder, or any terms and conditions of a permit.
Permit Approval
Plans and specifications for the proposed OWTS have been reviewed and are considered
satisfactory. Permission is hereby given to the property owner(s) to perform the work indicated
in accordance with the Garfield County OWTS Regulation. This Permit will expire 1 year from
the date of issuance unless construction on the system has commenced. An "as-built" drawing
must be submitted and inspection of the system must be completed by GCPH before final
approval of the system will be issued.
04/01/2025
Issued By: Garfield County Environmental Health
Department
Date