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1. Why does ECPH have a Use Permit Program?

A Use Permit Program accomplishes the following: 

• Identifies OWTS that were never permitted and establishes a record for those systems 
• Identifies failing or malfunctioning OWTS
• Discovers problems that may be repaired in order to prevent larger problems or failures 
• Clarifies what specific circumstances will require that an OWTS be inspected 
• Assures trained and certified inspectors do the inspections 
• Establishes uniform inspection criteria and requirements 

2. What is a “Use Permit”?

A “Use Permit” expressly authorizes the use of an OWTS. It recognizes that the owner of an OWTS is responsible for proper use and maintenance of the OWTS.

3. What circumstances will require me to obtain or renew my “Use Permit”?

• The sale of the property as more fully defined in Regulation 43 2018-On-Site-Wastewater-Treatment-System-Regulation-PDF (elbertcounty-co.gov) 
• Change in use of the property from residential to commercial 
• A remodel that includes the addition of two bedrooms. 
• Connection of a modular unit or mobile home to the system; and 
• Other conditions that the Department may deem appropriate. 

4. Who is required to obtain a “Use Permit”?

In cases where the home is being sold or changing ownership, the owner or seller of the home will be required to obtain the “Use Permit”. In all other cases, the current owner of the property will be required to obtain the “Use Permit”.

5. How do I obtain a “Use Permit”?

• Have the OWTS inspected by a Certified Use Permit Inspector? These inspectors are independent and do not work for ECPH. Approved inspectors can be located at:
  • 2021 OWTS Installers (PDF) & 2021 OWTS Pumpers (PDF)
• Have the inspector complete the ECPH “Use Permit Inspection” 
  • 2021 OWTS Inspection Form (PDF)
• Repair any deficient items found during the inspection; provide verification that those repairs were made.  
  • 2021 Repair Verification Form (PDF)
• Submit an “Application for a Use Permit”  to ECPH, pay the permit fee, and provide a copy of the complete inspection report.
  • 2021 Septic Application (PDF)
• Use Permits are valid for 6 months.

6. Who does the inspection and what does the inspector look for?

An approved and certified “third party” inspector will do the inspection. That inspector will check the septic tank, electrical connections, controls and pumps (if the OWTS has these), and the soil treatment area (leach field). The inspector will need to inspect all items listed on the Elbert County inspection form and answer whether or not they are acceptable.  If the Record Drawing is inaccurate or does not exist, a current drawing must be submitted with the inspection report.  

7. What if the inspector finds problems or deficiencies with the OWTS?

All deficiencies with the OWTS found by the inspector will need to be repaired before ECPH can issue a Conventional use permit. Examples of these include but are not limited to: electrical connections that don’t meet code, damaged septic tank lids, pump not working, risers and lids below grade, etc. You will need to provide verification that the repairs have been completed: Non permitted repair verification form.

8. What if the inlet or outlet line requires repair?

A repair permit application must be submitted to (ECPH).  A final inspection of the repair must be performed by (ECPH).

9. Who can apply for a “Use Permit”?

The owner, seller, use permit inspector, or real estate agent may submit an application.

10. How do I find out information about my OWTS?

If the OWTS was originally permitted by ECPH, the record can be obtained from ECPH by calling our office. Phone 303-621-3144

11. What if the inspector discovers the OWTS is malfunctioning?

If the OWTS is malfunctioning (typically with surfacing sewage), or tank is no longer water-tight, the owner of the property will be required to obtain a repair permit from ECPH and repair the OWTS.  Repair permits are valid for 30 days unless otherwise approved.

12. What if the OWTS is malfunctioning and the owner is not able to obtain a repair permit and complete the repairs before the sale of a home?

ECPH will issue a “provisional” use permit.  Per Regulation 43 a Permitted Repair Permit Application must be submitted to ECPH within 2 business days after receiving notice that the system is not functioning adequately.

13. What are the next steps after I submit an application for a Use Permit?

Once you submit a completed application and inspection report, and the fee is paid, ECPH will review the application and report. If the application and inspection report are complete, ECPH will issue a Use Permit. Typically, the “turnaround” time will be no more than 2-3 business days. If the inspection report indicates that there are deficiencies with the OWTS that have not been repaired, ECPH will notify you of what needs to be done in order for ECPH to approve the application. Once those issue(s) are resolved, ECPH will issue a Use Permit.

14. How long is a Use Permit valid?

A Use Permit for a sale is valid until the date of real estate closing or for a period of six months, whichever comes first. Once the property has sold, or the use permit has been issued for another triggering event (as outlined in question 3 above), the use permit does not expire until another triggering event occurs.