Montezuma County Commissioners are reconsidering a new regulation they previously approved that prevents nonfunctioning septic systems.
On Monday, the commissioners voted 3-0 to put a six-month moratorium on enforcement and implementation of a transfer of title program enacted this year by the county Public Health Department.
“Seeing all the questions raised, I think it is better to take a step back and review the regulation to make it a better fit for our community,” newly elected commissioner Jim Candelaria said in making a motion for the moratorium. Commissioners Keenan Ertel and Larry Don Suckla voted in agreement.
If a property meets certain criteria, title of transfer requires an inspection and possible repair or replacement of faulty septic systems when the property is sold. Septic systems are technically known as on-site wastewater treatment systems.
The new rule is intended to better monitor older systems that might have failed or needed repair by triggering an inspection at the time of sale, said Melissa Mathews, environmental programs specialist for the health department.
If an inspection reveals problems, the seller and or buyer are required to fix the problem or face potential fines and cease-and-desist orders. Adopting title of transfer for on-site wastewater systems is optional for counties under the Colorado Department of Health and Environment, and so far, 22 counties have done so.
Based on records, systems that are 20 years and older have a tendency to fail, according to the health department.
“A failed system poses a significant hazard to human and animal life and health, and overall water quality in our county, “ said Bobbi Lock, director of the county health department. “The transfer of title program provides the means to identify inadequately functioning systems and allows property owner and buyer the opportunity to repair or upgrade the system.”
In April, in their role as the County Board of Health, Commissioners Ertel, James Lambert and Suckla unanimously voted to adopt the new regulation, and a new program was organized by Mathews that was put into effect Jan. 1 for all new property sale contracts.
But the new regulation has faced concerns from property owners and real estate professionals. Suckla expressed regret for originally supporting it and has since been lobbying to overturn it. He said he believes the regulation is government overreach, adds burdensome costs to private landowners and that most buyers require an septic inspection anyway. A motion last year by Suckla to overturn the regulation failed for lack of a second.
County attorney John Baxter informed the commissioners Monday that if they ultimately decide to repeal the new regulation, it would require a public hearing process. A moratorium on enforcement is a legal option, he said.
Before the decision, a presentation on the title of transfer program was given by Mathews. Audience members had a chance to ask questions, and a lively discussion ensued. About 40 people attended the meeting.
One suggestion was to include exemptions from the title transfer regulations when a property is transferred to a family member or is inherited. Other counties include similar exemptions, and the idea has support from the county health department.
Ertel questioned whether private inspectors should be responsible for reviewing septic systems as part of a county regulation. Having the inspector be a health department staffer should be considered, he said, instead of burdening the property owner.
That would be unusual in the state, said an official with CDPHE, but it appears plausible.
Ertel said the state should help fund septic inspectors for the new regulation. Lock said additional fees may be needed to fund a new inspector position.
Costs of inspections and septic tank pumping have gone up significantly, some in the audience said.
CDPHE water quality official Chuck Cousino noted that the issues raised are typical for counties that have adopted the transfer of title regulation, which he noted is optional. Complaints fall off once the wrinkles have been ironed out and people adjust to the change.
“Another county put it on hold to make sure the process is right,” he said. “It is a public safety and health item.”
The measure protects buyers, Cousino said, by informing them of the condition of the septic system upfront. It opens up the potential for costs of repairs or upgrades to be negotiated into the contract.
Dr. Ken Aiken, physician director for the county health department, emphasized the importance of water quality.
“Revisiting this with the intent to move forward on a good program to manage wastewater systems is a reasonable thing to do. We are in this together and want residents to feel comfortable with actions that assure water quality in county.”
Audience members were instructed to submit questions and concerns to the county health department so changes could be considered.
Lock urged tweaking the policy to better work for buyers and sellers rather than abandoning it.
“We want to make the community healthy as it grows, and it is a learning process,” she said. “The burden of compliance with the title transfer program is small compared to the significant benefit of protecting the environment, protecting property value, and keeping residents healthy.”
jmimiaga@ the-journal.com
