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Board of Health gives property owner until Oct. 1 to permit engineered septic system, defers fines
Summary
After a site visit found no evidence of human waste but an unengineered septic system and past graywater discharges, the Board of Health ordered property owner Delbert Montgomery to obtain an engineered and permitted on-site wastewater system and to pay road-impact fees, with progress required in 90 days and final completion by Oct. 1; fines and cease-and-desist will not be imposed now.
The Montezuma County Board of Health, sitting as the Board of County Commissioners Jan. 27, set deadlines and conditions for property owner Delbert Montgomery to address on-site wastewater and associated regulatory issues at his property.
Linda Hill, environmental health with the county public health department, reported on a site visit and told the board she "was pleasantly surprised to not see any kind of human waste on the ground at all" but noted Montgomery's septic system is not engineered. Hill said inspectors observed graywater discharge that Montgomery has since tied into the septic system and that Montgomery must obtain an engineered septic design, have it installed and permitted, and pay required road-impact fees before the septic permit can be issued.
Montgomery testified about his personal and financial circumstances and said he has relied on rental income and has faced difficulty paying multiple obligations. Commissioners explained that an auxiliary dwelling unit can be permitted but triggers a road-impact fee and that failing to pay or to obtain an engineered system would leave the county with limited enforcement options. The board emphasized it wants the property cleaned up for neighbors’ health and safety but also indicated willingness to work with Montgomery.
The board voted to withhold fines and cease-and-desist orders for now, requiring instead documented progress within 90 days (contact and inspection by an engineer and any preliminary permitting steps) and completion — including payment of the road-impact fee and installation/permitting of an engineered OWTS — by Oct. 1. Staff offered a list of engineers and assistance including a county-provided 40-cubic-yard dumpster available at no charge for two weeks to help with property cleanup. The board warned that failure to meet the deadlines would prompt further action at a future public hearing.
