According to a new policy adopted last week by the board of Estes Park Sanitation District, a contractor who negligently destroys District property, such as manhole covers and sewer lines, may face a substantial penalty commensurate with the extent of the damage, especially if the contractor is negligent in reporting the damage or attempts to cover it up.
The EP San Board adopted the policy last week at its July meeting after facing problems with contractors on two major road work projects, the Downtown Estes Loop and the redevelopment of Cleve Street.
According to Tony Drees, Estes Park Sanitation District manager, “there have been quite a few mishaps” involving the construction of the Downtown Estes Loop and the redevelopment of Cleave Street.
In both situations, EP San had to address problems caused by contractors who failed to follow site markings for buried utility lines.
Drees explained that when one contractor was milling, manhole lids were hit and instead of reporting the problem to EP San so it could be immediately addressed, the contractor “filled up our manholes with dirt and debris and then they just slid the manholes back on and just carried on like nothing happened.”
Estes Park Sanitation staked around the manholes and put cones out so they could be easily seen, but Drees said contractors often work under pressure to complete a project and are not as careful as they should be.
While EP San was able to clear out the rubble before it created a problem, the District needed to adopt a policy to address damage caused by negligence because of the cost it incurred to mitigate the problem.
The Board received a report presented by Alanna Moseson the 2024 financial statement from the auditing firm of Anderson and Whitney. The report was submitted to the state June 30 2025, as required by law. Moses, a certified public accountant, told the Directors that the organization’s “financial statements present fairly, in all material respects, the financial position of the Estes Park Sanitation District.”
The Board also discussed the utility’s compliance with the state’s new accessibility standards under House Bill 21-1110 and Section 508 of the Rehabilitation Act regarding government websites, including those of local agencies and special districts, and extends to internal and public-facing websites and applications.
Gov. Jared Polis signed the bill into law in 2021, mandating that as of July 1, 2024, state government offices must provide all digital information and technology in compliance with accessibility standards for people with hearing and visual impairments.
A one-year grace period extending to July 1, 2025, was provided to allow government offices to comply without facing legal action, fines of $3,500 or more per complaint, and other penalties for failing to comply.
The laws make it a civil rights violation to exclude people with disabilities from website accessibility. This particularly affects websites with document attachments, such as board minutes, agendas, and other documents, in a PDF format.
Over the past year, government offices have been removing original files from their websites and replacing them with versions featuring larger text, image descriptions, and compatibility with screen readers.
