HomeMy WebLinkAbout20111497.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING COLLECTION OF SOLID
WASTE SURCHARGE FROM COMPOST FACILITIES
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,Article III, Chapter 5 of the Weld County Code establishes, in Section 5-3-20, a
Solid Waste Management Surcharge"in the amount of ten percent(10%)to be added to all disposal
fees received by any operator operating a solid waste disposal site and facility or transfer station
within the County, including areas within corporate limits of municipalities," and
WHEREAS,said Section 5-3-20 defines the term"Solid Waste Disposal Site and Facility"to
mean "any facility which is required, pursuant to applicable provisions of state law, to obtain a
certificate of designation from the Board of County Commissioners," and
WHEREAS, Classes I and II compost facilities are considered to be"Solid Waste Disposal
Sites and Facilities," because they are required to obtain a certificate of designation from the Board
of County Commissioners, and
WHEREAS, to this date, no Classes I and II compost facilities operating within Weld County
have paid the Solid Waste Management Surcharge established in Section 5-3-20, because of
uncertainty as to said Section's applicability to such facilities, and
WHEREAS,the Board of County Commissioners has enacted Code Ordinance 2011-1,with
an effective date of June 27, 2011, to provide certainty that Classes I and II compost facilities are
subject to the provisions of Section 5-3-20, are therefore obligated to pay the Solid Waste
Management Surcharge, subject to the exceptions for wastes described in said Code
Ordinance#2011-1, and
WHEREAS,the operators of said Classes I and II compost facilities have informed the Board
of County Commissioners that requiring them to pay the Solid Waste Management Surcharge for
wastes received pursuant to existing contracts will create a hardship for said facilities, and
WHEREAS, the Board of County Commissioners deems it fair, given the previous
uncertainty of the applicability of Section 5-3-20 to Classes I and II compost facilities, to require,
beginning as of the effective date of Code Ordinance#2011-1 (June 27, 2011), the payment of the
Solid Waste Management Surcharge as applied against wastes received pursuant to contracts
executed by said facilities after June 27, 2011; but not to require the payment of the Solid Waste
Management Surcharge as applied against wastes received pursuant to contracts executed prior to
June 27, 2011, beginning January 1, 2012.
CC "-R, V\ %AL , P L 2011-1497
1 I PL0073
COLLECTION OF SOLID WASTE SURCHARGE FROM COMPOST FACILITIES
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the Board hereby directs staff to require, beginning as of the effective date of
Code Ordinance#2011-1 (June 27, 2011),the payment of the Solid Waste Management Surcharge
as applied against wastes received pursuant to contracts executed by said facilities after June 27,
2011; but not to require the payment of the Solid Waste Management Surcharge as applied against
wastes received pursuant to contracts executed prior to June 27, 2011, beginning January 1, 2012.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 15th day of June, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
' WE D COUNTY, CO ORADO
ATTEST: i//�`,w , �! AAVA--A
rbara Kirkmeye , Chair
Weld County Clerk to th % •
�EXCUS D
66 !! ���� `. r. •
Sea P. onway, Pro-Tern
BY Oda, k uQyset4b/
Deputy Clerk to the Boar' AV
Wil F. arcia
AP O D F RM:
avid E. Long
ounyAtorney .•
Douglas ademac r
Date of signature: iM/
2011-1497
PL0073
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