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)J <br />3.1® Penalties <br />Arry person who commits any of the following acts commits a Class 1 petty offense, as defined <br />in Section 25-]0-106, C.R.S. 1973. <br />A. Constructs, alters, installs, repairs, or permits the use of any individual sewage <br />disposal system without first having applied for and received a permit as provided for <br />in Section 25-10-105(1)(f) or Section 25-10-106, C.RS. 1973. <br />B. Constructs, ahers, repairs, or installs an individual sewage disposal system in a manner <br />which involves a knowing and material variation from the terms or specifications <br />contained in the application or permit. <br />C. Volates the terms ofa cease and desist order which has become final under the terms <br />of Section 3.12 of these regulations. <br />ID. Conducts a business as a systems contractor or a systems cleaner without having <br />obtained the license provided for in Section 3.07 or Section 3.08 of these regulations. <br />E. Willfiilly fails to submit proof of proper maintenance, cleaning or testing of a system <br />as required by conditions stated in the permit for the system. <br />3.11 Prohibition of Individual Sewage Disposal Systems in Unsuitable Areas <br />The local board of health may conduct a public hearing, after written notice to all affected <br />property owners as shown in the records of the county assessor and publication of notice in <br />a newspaper of general circulation at least ten (10) days prior to the hearing, to consider the <br />prohibition of permits for individual sewage disposal systems in defined areas which contain <br />or are subdivided for a density of more than two (2) dwelling units per acre. The local board <br />of health may order such prohibition upon Ending that the construction and use of additional <br />individual sewage disposal systems in the defined area will constitute a hazard to the public <br />health or the environmem. In such a hearing, the local board of health may request affected <br />property owner to submit engineering and geological reports concerning the defined area and <br />provide a study of the economic feasibility of constructing a sewage treatment works. <br />Section 25-10.110, C.RS. 1973. <br />3.12 Cease and Desist Orders <br />The health officer or his/her designated representative may issue an order to cease and desist <br />from the use of any system which is found by the health officer or his/her designated <br />representative not to be functioning in compliance with the applicable rules and regulations <br />or is found to constitute a hazard to public health, or has not otherwise received timely <br />repairs. Such an order may be issued only after a hearing which shall be conducted by the <br />health officer or his/her designated representative not less than 48 hours after written notice <br />21 <br />