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San Juan County authorizes staff to send draft septic (OWTS) rules to state for review
Summary
County staff outlined proposed changes to On‑Site Wastewater Treatment System (OWTS) rules — including licensing for pumpers/cleaners and installers and a new continued‑use permit tied to title transfers — and the board authorized staff to seek preliminary state review of the draft.
County staff presented proposed updates to the state’s OWTS rules and the San Juan County Board of County Commissioners voted to authorize preliminary submission of the county’s draft to the state for review.
Dennis (county staff), who led the presentation, said the most notable change is a new licensing requirement for both cleaners (the companies that pump tanks) and system installers, and a shift from a seller‑initiated “inspection upon title transfer” to a buyer‑initiated “continued use permit” when a seller fails to obtain the inspection before closing. “The buyer of the property goes down to the county and gets a continued use permit for the OWTS,” Dennis said, explaining the county’s reasoning: if sellers fail to complete inspections, the county previously had little recourse for enforcement once the seller left the area.
The board discussed administrative details of partnering with La Plata County under a service order to perform much of the permitting and technical work. Dennis told the board La Plata County would perform the heavy lifting of administration under an intergovernmental service order while San Juan County’s Board of Health would retain responsibility for variance and enforcement hearings.
Commissioners raised questions about who would be responsible for notifying recording offices or title companies and how the permit timing and fees would work. Dennis said the draft allows a continued‑use permit to remain valid up to 12 months and that the state will set fees; he recommended sending the draft to the state for preliminary approval so the county can adjust language before formal adoption.
On a motion from a commissioner and a second, the board gave staff authority to submit the draft to the state for preliminary approval. The motion passed with commissioners indicating unanimous support to proceed with the state review and then return to the board for any final modifications before adoption.
Next steps: staff will send the draft to the state for preliminary review, circulate the La Plata County service‑order language to the board, and bring any suggested changes back to the commissioners prior to formal adoption.
Why it matters: The changes affect property transactions and local septic industry licensing, shifting some responsibilities in title transfers and potentially imposing new licensing compliance costs for pumpers and installers.
