In an effort to address aging septic systems, the Gunnison County Environmental Health Board is considering new regulations to help identify faulty equipment. The board meets today to consider a requirement in which septic systems would be required to be certified before a property title transfer can take place.
However, the Gunnison County Association of Realtors (GCAR) has stated concerns with the proposed requirement — particularly, how inspections will be conducted during winter months, and whether there are enough inspectors to handle the volume of sales in an efficient manner.
Last June, the state’s Water Quality Control Division revised Regulation 43, which provides standards for on-site wastewater treatment systems (OWTS). Local jurisdictions, including Gunnison County, have been given until June 30 of this year to adopt revised regulations that are “no less stringent” than Regulation 43. Gunnison County is currently undergoing that process.
Within the new regulations proposed locally is the implementation of a program to ensure that systems are checked by a competent technician and that a certificate is filed with the county before the sale of a property is completed.
The state does not mandate jurisdictions to require inspections. It simply gives them the option to do so.
“A local board of health may choose to require a property owner of a residence or other building/facility served by an OWTS to have an inspection of that system to demonstrate that the system is functioning according to design prior to the sale or transfer of title of the property,” Regulation 43 states. “A local board of health is not required to develop a transfer of title inspection program.”
Yet, Building and Environmental Health Official Crystal Lambert said the board has discussed the need for requiring septic system inspections for several years. In a memo to the board, Lambert noted that staff spends a “considerable amount of time” assisting new property owners with their existing system. She said that building inspections are common in real estate transaction, and therefore OWTS inspection should be considered as well.
“It’s great that all our new systems are being built to code and are not presenting any public health risk,” Lambert told the Times. “But our existing stock, we know that it’s an aging stock, we know that there are concerns. … Let’s start looking at those. Those are the ones that need to be fixed.”
Lambert said the transfer of title certification is the best way to address failing systems. She noted that there may be flexibility in the regulation — for example, a buyer or seller can negotiate who will pay for the inspection. A certificate also may be issued that would be valid for a specific period of time — say, a year.
Additionally, buyers could document for the county that they are prepared to purchase a property with a system “as is” and have it certified later.
Yet, members of the real estate industry say they are not ready to embrace the proposed regulation until more is learned about how it will be implemented.
Last week, GCAR notified its members of the proposed change and today’s meeting. Board chair Jaima Giles said her board is very interested in safety and acknowledges that septic inspections are “an integral part of a sale process for rural properties.”
However, she said, the board has initial concerns with the proposed regulation, weather conditions — such as abundant snow and frozen ground typical of our area — and having enough inspectors.
“In terms of timing, buyers and sellers are already faced with challenges due to the climate of Gunnison County,” Giles said. “If septic inspections would be required in order to close on a property, I think we worry most about buyers and sellers being further restricted … because it’s going to limit and/or eliminate their ability to buy and sell during the winter months.”
Also, Giles said a lack of licensed inspectors could delay real estate transactions.
“The board feels that safety is important and we look forward to hear more of what is going to happen at the hearing,” Giles said.
Lambert acknowledged GCAR’s concerns but indicated allowances could be made to ensure smooth and timely real estate transactions. The end game, she said, is to discover and address problematic systems.
“Ultimately, that is the goal,” Lambert said. “To make sure any failed septic systems that are out there are getting identified and when new people move into the home they have adequate sanitary facilities that are not impacting our water quality.”
The Environmental Health Board meets today at 1:30 p.m. at the Blackstock Government Center Meeting Room at 221 N. Wisconsin St. in Gunnison.
(Chris Rourke can be contacted at 970.641.1414 or at chris.rourke@gunnisontimes. com .)
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