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State regulator: Regulation 43 provides minimum standards; locals may adopt stricter OWTS rules
Summary
A CDPHE on-site wastewater coordinator told Lake County's board Regulation 43 sets statewide minimums and local jurisdictions may adopt more stringent OWTS rules; he clarified which state provisions apply to vaults and which do not.
Steve Proise, the state's on-site wastewater coordinator, attended the hearing and told the Lake County Board of Health that Regulation 43 is designed as a minimum standard and that counties must adopt a local regulation within one year of state changes. He emphasized that local governments may adopt more stringent requirements tailored to their geology and environment.
Proise also noted a specific subsection (4312 C3D) referenced by participants concerns vaults other than vault privies and said that section is not applicable to the Alpenflow privy proposal. His explanation framed the board's discretion: local rules can be more stringent than the state, but the board must apply the local rules currently in force when deciding the variance.
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