OWTS issues two categories of permits: permits involving construction and those not involving construction.
OWTS Permits to Construct
A permit to construct, including alterations or repairs, documents when a septic system is built, changed, or repaired. As the name implies, construction is involved with these types of permits.
There are four types of construction-related permits, explained in more detail below:
- New Permit
- Major Repair Permit (linked to a building permit)
- Major Repair Permit (not linked to a building permit)
- Minor Repair Permit
New Construction Permits
- For properties that have never been developed.
Major Repair Permits Associated with Property Improvements
- This permit type is used when upgrading a system as a result of work done to a property under previous, current, or future Building Permits (BPs) or another Community Planning & Permitting (CPP) process. Examples include, but are not limited to, rebuilding or adding a dwelling, adding bedrooms, or finishing a basement.
Major Repair Permits Lacking Associated Property Improvements
- Used to replace, fix, or expand an existing septic system.
- Soil treatment area (STA) repair or replacement for aging or failing systems.
- Replacement of an unapproved or undocumented system with no other property improvements.
- Vault or vault privy replacement.
Minor Repair Permits
- Septic tank replacement.
- Septic tank installation when adding additional tankage to an existing OWTS.
- Lift station replacement.
- Effluent line repair, replacement, or reconfiguration.
- Sewer line reconfiguration, relocation, or verification.
- Sewer line replacement for an existing section that connects to the tank, house, or both.
Minor Repair Over-the-Counter Permits
- Distribution box, automatic diverter valve (ADV), or diverter valve replacement.
OWTS Permits for Operation, Maintenance and Use
There are three types of permits that aren’t associated with construction, although sometimes obtaining these permits may require additional permits.
OWTS Operating Permit (also referred to as Continued Use Permit)
The Operating Permit (OP permit) shows that an OWTS is functioning properly and is protecting public health. This permit serves a similar function to a certificate of occupancy demonstrating that a house is safe to live in. The permit documents the allowed use based on approved permit and design. This permit documents the maintenance requirements for the OWTS that the owner is required to perform. If a system is failing or does not meet requirements, BCPH can revoke the Operating Permit and require the owner to fix the problem.
Under current regulations, BCPH issues the Operating Permit (which is referred to in records as USEP) when the OWTS construction permit is closed. The cost of an Operating Permit is included in the construction permit fee and there are no renewal requirements for the majority of OWTS.
- For OWTS installed between May 24, 2018 and Sept 24 2026, a BCPH-issued “use permit” shall be treated as an operating permit.
- For OWTS installed before May 24, 2018, documented BCPH approval of the OWTS shall be treated as an operating permit under these Regulations.
- As of May 24, 2018, OWTS that never completed the BCPH permitting or approval process will be deemed operating without a valid operating permit.
OWTS Change in Use Permit
There is a public health risk when hydraulically overloaded OWTS cannot properly treat wastewater, as the wastewater can contaminate ground water and surface water. Where it has been determined that activities on a property will increase hydraulic and/or organic load being received by the OWTS and the permitted and approved OWTS is determined to be able to adequately treat the additional load, a Change in Use Permit is required to be obtained by the property owner. The Change in Use Permit:
- Documents the expanded use of the OWTS
- Ensures the OWTS is in good working order and continuing to operate as designed
This policy complies with Colorado regulatory requirements in 5 CCR 1002-43 Section 4.B.8.
A Change in Use Permit requires an engineer evaluation of the current OWTS, documentation of treatment capacity for proposed increased flow, and an OWTS NAWT (National Association of Wastewater Technicians) inspection. In some cases, soil verification may be required.
BCPH issues a Change in Use Permit under the following conditions:
- Property development or renovation resulting in increased hydraulic and/or organic load received by the OWTS. For example, increasing bedrooms in a home, adding an accessory dwelling unit (ADU) or connecting another structure, including modular unit or mobile home, to the OWTS.
- New or change in activities or operations resulting in increased hydraulic and/or organic load. For example, changing tenants, adding new business processes, or increasing in production.
- When a septic system is failing and emergency use is requested.
Note: If the OWTS cannot accommodate the additional hydraulic and/or organic load, the owner must apply for the appropriate construction-related permit to alter or replace the OWTS.
OWTS Maintenance Permit
Boulder County sometimes encounters challenging site conditions when it comes to designing compliant OWTS. To protect public health, and in conformance with CO state regulations, BCPH allows the use of higher-level treatment (HLT) systems under a strict set of conditions. This allows for reduced setbacks and sizing of OWTS: it also requires BCPH to have an oversight and maintenance program for HLT systems. Oversight is important as the public health risk is higher if components are not operating properly due to the setback reductions granted to these systems.
Maintenance Permits are renewable permits and are required for the following:
- OWTS designed and permitted with a reduction in horizontal and vertical setback distances based on higher level treatment of effluent
- NDDS (non-pressurized drip dispersal systems)
- Disinfection component
- Compost and incinerating toilets
Unrelated to HLT but also required:
- Owners documenting water usage to evaluate hydraulic load for new or expanded uses at the property
BCPH staff reviews the inspection and maintenance reports at time of the renewal, ensures a new service contract is provided, and renews the Maintenance Permit for the length of the service contract.
Cases where no permit is required
- Repair or replacement of risers, baffles, inlet/outlet tees.
- Pump or Aerator replacement.
- Sewer line replacement for a section that does not connect to the house or tank.
- *A permit is REQUIRED if the sewer line replacement is connected to the tank or house (see Minor Repair).
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