HomeMy WebLinkAbout20110384.tiff EXHIBIT INVENTORY CONTROL SHEET
ORDINANCE #2011-1
Exhibit Submitted By Description
Copies of E-mails and Letters sent to businesses which
A. CTB may be impacted by the proposed Ordinance
B. Bob Yost, Al Organics Proposed Language for Resolution
C.
D.
E.
F.
G.
H.
J.
K.
L.
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N.
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2011-0384
Elizabeth Strong
From: Bruce Barker
Sent: Tuesday, January 11, 2011 11:15 AM
To: Elizabeth Strong
Cc: Esther Gesick; Monica Mika
Subject: FW: Amendments to Solid Waste Surcharge Requirements in the Weld County Code
Attachments: Chapter 5 Changes 20101105.docx; ORD 2011-1.pdf; Frei 1-6-11.doc; Croissant 1-6-11.doc
Elizabeth:
Thanks for asking about the notice. See below. Attached are the Word version of the hard-
copy letters I sent out to those companies on the list for which we did not have e-mail
addresses. I will send the pdf's of those (showing signatures) to you later today.
Bruce.
Original Message
From: Bruce Barker
Sent: Wednesday, January 05, 2011 5:10 PM
To: 'gregkuenning@a1organics.com' ; 'Roxy911st@yahoo.com' ; 'johnmoser@comcast.net';
'llieder@renewablefiber.com' ; 'jepple@wm.com' ; 'jeffbu@wcnx.org' ; 'bhedburg@wm.com' ;
'Don.macdonald@coors.com' ; 'rustye@snowyriverenterprises.com'; 'Imhogan@yahoo.com' ;
'Jimgoddardl@yahoo.com' ; 'jwhite@apollooperating.com' ; 'andycunningham@mindspring.com' ;
'jim_lee@palmertank.net' ; 'Paul.Dchneider@anadarko.com' ; 'mcox@nobleenergyinc.com' ;
'cliff.roberts@encana.com'
Cc: Monica Mika; Trevor Jiricek; Troy Swain
Subject: Amendments to Solid Waste Surcharge Requirements in the Weld County Code
As many of you know, the Weld County Code includes an article requiring payment of a solid
waste management surcharge "by any operator operating a solid waste disposal site and
facility or transfer station within the County, including areas within corporate limits of
municipalities." Facilities that are subject to the surcharge are those that have obtained a
certificate of designation from the Board of County Commissioners.
We recently reviewed the certificates of designation that are in place in Weld County. There
seemed to be a need to better define specifically what types of facilities and wastes that
are covered. With this in mind, we are proposing to the Board of County Commissioners the
changes that are shown in the attached. The Word document shows the changes in yellow
highlight. The pdf document shows the changes as proposed to the Board in ordinance format.
The current language is shown below.
First Reading of Ordinance 2011-1 was on December 29, 2010. Second Reading is scheduled for
January 17, 2011. I am sending you this e-mail so that you may attend the Second Reading if
you wish to give testimony. The Board's consideration of Ordinance 2011-1 will be during the
Board's regular meeting at 9 a.m. in their hearing room at 915 10th Street, Greeley.
Please feel free to call me at (970) 356-4000, ext. 4390, if you have any questions or
comments regarding the attached or this e-mail.
Bruce Barker
Weld County Attorney
Current language: t 'k' c
ARTICLE III IIPI Priflr
1
Solid Waste Management Surcharge
Sec. 5-3-10. Fund established.
There is, hereby established a Weld County Solid Wastes Disposal Sites and Facilities Fund
pursuant to the provisions of Section 30-20-115, C.R.S., and Section 16-11 of the Home Rule
Charter. Said fund shall be administered by the County Treasurer pursuant to law. (Weld
County Codification Ordinance 2000-1)
Sec. 5-3-20. Surcharge fee established.
There is hereby established a 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. Solid waste disposal site and facility shall 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. (Weld County Code Ordinance 2007-7)
Sec. 5-3-30. Collection of surcharge.
It shall be the duty of any operator of any solid wastes disposal site and facility in the
County to collect said surcharge at the time dumping fees are collected for disposal, and to
remit the same to the County Treasurer on or before the 20th day of the month following the
month in which said surcharge is collected. Failure to timely pay may result in imposition of
a late charge of one and one-half percent (1.5%) simple interest per month on the late
payment amount.
Sec. 5-3-40. Alternate fee.
Should the solid waste site and facility be one at which no disposal fee is collected for the
reason that the facility serves an individual user, the fee shall be computed based upon the
cost within the market for similar disposal services.
Sec. 5-3-50. Use of fund.
The surcharge imposed by this Article shall be deposited in the Weld County Solid Wastes
Disposal Sites and Facilities Fund to be used for the purposes of financing any operations
conducted by the County with respect to solid waste disposal including, but not limited to,
costs of health inspections; removal of litter and debris from roadsides; establishment,
construction and maintenance of roads providing access to solid waste sites and facilities
and transfer stations within the County; financing the landfill management program;
equalizing costs for transfer sites in the County; capital outlay associated with a transfer
site system; insurance costs; County staff support costs; financing the requirements for
compliance with the Resource Conservation Recovery Act; costs of designation of future site
locations; and remedying environmental problems created by past and future solid waste sites
and facilities and other solid waste disposal sites. This Section is intended to allow use of
such Fund to support programs that encourage recycling of wastes and proper handling of
hazardous wastes (Weld County Codification Ordinance 2000-1)
Sec. 5-3-60. Inspection of records.
All operators of solid waste disposal sites and facilities in the County shall make available
to the Board of County Commissioners all books of account of said operator of solid waste
disposal sites and facilities for
2
Elizabeth Strong
From: Monica Mika
Sent: Tuesday, January 11, 2011 11:04 AM
To: Elizabeth Strong
Cc: Bruce Barker
Subject: RE: Ordinance 2011-1 Notice to Waste Providers
Thanks for asking. Bruce worked with Health to get this notification out.
From: Elizabeth Strong
Sent: Tuesday, January 11, 2011 10:19 AM
To: Monica Mika
Cc: Bruce Barker; Esther Gesick
Subject: Ordinance 2011-1 Notice to Waste Providers
Hi Monica, I am just wrapping up the minutes from December 29th and I came across a comment
you made about providing a special notice of the second reading of Ordinance #2011-1 to waste
providers. I asked Esther if anyone had communicated with her about this request and nobody
had. Is this something that has been taken care of, or is this something our office needs to
facilitate? And, if our office is supposed to provide the notice, is there a list of the
providers that need to receive the notice, and their address information? The second reading
is January 17th, so we probably will need to continue it if this notice has not yet been
provided? Please advise.... Thank you!
Elizabeth Strong, Deputy Clerk to the Board of Weld County Commissioners
Phone Number: 970-356-4000 ext: 4219 or 970-336-7215
1
CHAPTER 5
Revenue and Finance
ARTICLE III
Solid Waste Management Surcharge
Sec. 5-3-10. Fund established.
There is, hereby established a Weld County Solid Wastes Disposal Sites and Facilities
Fund pursuant to the provisions of Section 30-20-115, C.R.S., and Section 16-11 of the Home
Rule Charter. Said fund shall be administered by the County Treasurer pursuant to law.
Sec. 5-3-20. Surcharge fee established.
There is hereby established a 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. Solid
waste disposal site and facility shall 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.
No surcharge shall be collected for agricultural wastes. Agricultural Wastes shall mean
all wastes resulting from the raising of crops or animals on land zoned agricultural by local
requirements, including animal manures and animal mortalities.
No surcharge shall be collected for the Injection Disposal of Class II Oil & Gas
Production Wastes. Class II Oil & Gas Production Wastes shall mean Class II wastes approved
for injection disposal by the U.S. Environmental Protection Agency Underground Injection
Control Program or their duly delegated state program.
No surcharge shall be collected for the following source separated composting feedstock
accepted at solid waste sites and facilities in quantities necessary for effective composting, waste
to energy digestion, or other beneficial use: agricultural crop residues, manure, untreated wood
wastes, yard wastes, paper wastes, and green waste. Green Waste shall mean plant material
source separated at the point of generation or separated at a centralized facility and includes yard
and tree trimmings, plant wastes from the food processing industry, untreated wood wastes,
paper products, and pre-consumer vegetative food wastes.
Sec. 5-3-30. Collection of surcharge.
It shall be the duty of any operator of any solid wastes disposal site and facility in the
County to collect said surcharge at the time dumping fees are collected for disposal, and to remit
the same to the County Treasurer on or before the 20th day of the month following the month in
which said surcharge is collected. Failure to timely pay may result in imposition of a late charge
of one and one-half percent (1.5%) simple interest per month on the late payment amount.
1
Sec. 5-3-40. Alternate fee.
Should the solid waste site and facility be one at which no disposal fee is collected for the
reason that the facility serves an individual user, the fee shall be computed based upon the cost
within the market for similar disposal services.
Sec. 5-3-50. Use of fund.
The surcharge imposed by this Article shall be deposited in the Weld County Solid
Wastes Disposal Sites and Facilities Fund to be used for the purposes of financing any operations
conducted by the County with respect to solid waste disposal including, but not limited to, costs
of health inspections; removal of litter and debris from roadsides; establishment, construction
and maintenance of roads providing access to solid waste sites and facilities and transfer stations
within the County; financing the landfill management program; equalizing costs for transfer sites
in the County; capital outlay associated with a transfer site system; insurance costs; County staff
support costs; financing the requirements for compliance with the Resource Conservation
Recovery Act; costs of designation of future site locations; and remedying environmental
problems created by past and future solid waste sites and facilities and other solid waste disposal
sites. This Section is intended to allow use of such Fund to support programs that encourage
recycling of wastes and proper handling of hazardous wastes
Sec. 5-3-60. Inspection of records.
All operators of solid waste disposal sites and facilities in the County shall make
available to the Board of County Commissioners all books of account of said operator of solid
waste disposal sites and facilities for auditing purposes to ensure compliance by said operators
with the provisions of this Article.
2
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WELD COUNTY
CODE ORDINANCE 2011-1
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5
REVENUE AND FINANCE,OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD,STATE OF COLORADO:
WHEREAS,the Board of County Commissioners of the County of Weld,State of 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, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1,enacting a comprehensive Code for the County of Weld,including
the codification of all previously adopted ordinances of a general and permanent nature enacted on
or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado,that certain existing Chapters of the Weld County Code be,and
hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to
read as follows.
CHAPTER 5
REVENUE AND FINANCE
Amend Sec. 5-3-20. Surchage fee established.
There is hereby established a 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. Solid waste
disposal site and facility shall 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.
No surcharge shall be collected for agricultural wastes. Agfi Wastes shall mean all
wastes resulting from the raising of crops or animals on land zoned agricultural by local
requirements, including animal manures and animal mortalities
No surcharge shall be collected for the Infection Disposal of Class II Oil and Gas Production
Wastes Class Il Oil& Gas Production Wastes shall mean Class II wastes approved for infection
disposal by the U S Environmental Protection Agency Underground Infection Control Program or
their duly delegated state program
No surcharge shall be collected for the following source separated composting feedstock
accepted at solid waste sites and facilities in quantities necessary for effective composting,waste to
energy digestion, or other beneficial use agricultural crop residues, manure. untreated wood
wastes, yard wastes, paper wastes. and green waste Green Waste shall mean plant material
source separated at the point of generation or separated at a centralized facility and includes yard
2010-3062
ORO2011-1
and tree trimmings.plant wastes from the food processing industry,untreated wood wastes,paper
products,and pre-consumer vegetative food wastes
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the
amendments contained herein, to coincide with chapters, articles, divisions, sections, and
sub sections as they currently exist within said Code;and to resolve any inconsistencies regarding
capitalization,grammar,and numbering or placement of chapters,articles,divisions,sections,and
sub-sections in said Code.
BE IT FURTHER ORDAINED by the Board if any section,subsection,paragraph,sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional,such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence,clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
The above and foregoing Ordinance Number 2011-1 was, on motion duly made and
seconded, adopted by the following vote on the 7th day of February,A.D.,2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Sean P. Conway, Pro-Tern
BY:
Deputy Clerk to the Board
William F. Garcia
APPROVED AS TO FORM:
David E. Long
County Attorney
Douglas Rademacher
First Reading: December 29, 2010
Publication: January 5, 2011, in the Fort Lupton Press
Second Reading: January 17, 2011
Publication: January 26, 2011, in the Fort Lupton Press
Final Reading: February 7, 2011
Publication: February 16, 2011,in the Fort Lupton Press
Effective: February 21, 2011
2010-3062
ORD2011-1
January 6,2011
Don Frei
337 E. 8th Street
Greeley, CO 80631
Re: Amendments to Solid Waste Surcharge
Requirements in the Weld County Code
Dear Mr. Croissant:
Enclosed is a copy of an e-mail I sent yesterday to various solid waste facility operators to
inform them of certain amendments to Weld County's solid waste surcharge requirements that
are currently under consideration by the Board of County Commissioners of Weld County. I did
not have your e-mail address to be included on the original e-mail.
Please feel free to call me at(970) 356-4000, ext. 4390, if you have any questions.
Sincerely,
Bruce T. Barker
Weld County Attorney
Enc.
pc: Troy Swain
Trevor Jiricek
Monica Mika
January 6, 2011
H. Michael Croissant, President
B.O.S.S. Compost, Inc.
16700 WCR 12
P.O. Box 987
Brighton, CO 80601
Re: Amendments to Solid Waste Surcharge
Requirements in the Weld County Code
Dear Mr. Croissant:
Enclosed is a copy of an e-mail I sent yesterday to various solid waste facility operators to
inform them of certain amendments to Weld County's solid waste surcharge requirements that
are currently under consideration by the Board of County Commissioners of Weld County. I did
not have your e-mail address to be included on the original e-mail.
Please feel free to call me at (970) 356-4000, ext. 4390, if you have any questions.
Sincerely,
Bruce T. Barker
Weld County Attorney
Enc.
pc: Troy Swain
Trevor Jiricek
Monica Mika
The list that is contained in the current proposed language is incomplete and confusing. Again, any list
will be incomplete and confusion is not beneficial. Virtually any non-toxic, non-hazardous organic or
carbon based material can be utilized for beneficial reuse or recycled via composting and or digestion.
Many more materials may yet to be identified.
As an example,the current list does not include:
• Biosolids (already a major compost feedstock material) and water treatment plant residuals
(both of which have state guidance policies and or regulations relating to composting attached
to them).
• Options related for additional liquids and or solids that are not listed specifically
• Post consumer foodwaste is not included.
• Foodwaste or by-products from food processing and food or other manufacturing facilities
(industrial or commercial) are not listed
o "plant waste from the food processing industry" . Does plant mean a manufacturing
plant (i.e.JBS, Laprino, Meadow Gold, etc.) or does it mean plant like a tomato plant?
• Grocery store wastes or commercial sources of organics are not defined.
If a list is to be generated, it should be as complete as possible. That in itself is an arduous task and
would be continually changing. If a list is used, then an additional statement of intent and or a
framework should be included to allow the opportunity for continued diversion of waste to beneficial
use without having to continually rewrite the regulation.
A potential example would be:
No surcharge shall be collected for materials received at a composting, digester, or energy production
facility whose primary purpose is processing, reclaiming, energy extraction, or recycling and
redistribution, whose operational plan does not allow for on-site disposal or impoundment of materials
they receive, and whose closure plan and related financial assurance instrument provide for removal of
all materials received during the operation of the facility.
It is acknowledged that debate exists as to whether or not there is benefit or cost related to materials
outside of Weld County being shipped into the county for use at recycling or waste to energy facilities. I
would again reinforce that these facilities would be more accurately compared to manufacturing
facilities than disposal facilities for many reasons. Does it make sense to promote or provide incentive
for expansion of manufacturing facilities within the county?
As an example, cattle coming from Morgan County into Weld County to be processed at the JBS plant
are a resource for economic development in Weld County. There are all kinds of comparisons; Milk is
another that quickly comes to mind. Recycling and or waste to energy facilities also receive, process,
and redistribute materials.
= a5 ,
B
Section 16-11. Solid Waste Disposal Sites—Surcharge.
(1) The Board of County Commissioners shall have the authority to promulgate, by
Ordinance, pursuant to Article III, Section 3-14, of the Weld County Home Rule Charter,
regulations imposing a service charge on the users, in the form of a surcharge,to be added to all
fees received by any operator of a solid waste disposal site and facility or transfer station located
within any portion of Weld County, Colorado. "Solid waste disposal site and facility" shall mean
any facility which is required, pursuant to applicable provisions of state law, to obtain a
Certificate of Designation from the Weld County Board of County Commissioners or approval
by a city, city or county, or town (collectively known as "municipalities")prior to its operation.
(2) Should the solid waste site and facility be one at which no fee is collected for the
reason that the facility serves an individual user, the fee shall be computed based upon the cost
within the market for similar disposal services.
(3) The rate of the surcharge may be adjusted by Ordinance in accordance with the
impacts to Weld County and its residents resulting from the disposal of various classes of waste,
but must be uniform within said classes. However, higher rates may be imposed on users who
generate the wastes outside of Weld County for the following reasons:
(a) in order that landfill capacity be preserved for Weld County users; and
(b) in order to mitigate the impacts on infrastructure and services provided by
Weld County towards which out-of-county generators of waste have not contributed
through ad valorem taxes.
(4) No portion of this section shall require the collection of the surcharge as against users
of a solid waste site and facility or transfer station owned and operated by a municipality
provided the solid waste is generated within the municipality.
(5) The surcharge collected pursuant to this section shall be deposited in the Weld County
Solid Waste Disposal Site and Facility Fund to be used for the purposes of financing any
operations conducted by Weld County with respect to solid waste disposal including, but not
limited to, costs of health inspections; removal of litter and debris from roadsides; establishment,
construction, and maintenance of roads providing access to solid waste sites and facilities and
transfer stations within Weld county; financing the landfill management program, equalizing
costs for transfer sites in Weld County, Colorado; capital outlay associated with a transfer site
system; insurance costs; Weld County staff support costs; financing the requirements for
compliance with the Resource Conservation Recovery Act; costs of designation of future site
locations; and remedying environmental problems created by past and future solid waste sites
and facilities and other solid waste disposal sites.
COMPOST FACILITY CLASSIFICATIONS AND REQUIREMENTS
REQUIREMENT COMPOST FACILITY CLASSIFICATION
Pilot Project Class V
Facility Classification Class I Class II Class III Class IV (Section
(Section 14.2) 14.10) (Agricultural)
General No No No
Requirements Yes Yes Yes (See§14.11) (See§ 14.10) (See § 14.11)
(Section 14.3)
Certificate of No
Designation (CD) Yes Yes No No No
(Section 1.6)
Type 1
Generator
Feedstocks
(Section 14.1.4) Type 1 and/or specified by waste only. and
"other
Types 1, Types 1 T the
Identify source of 2& 3 &2 Type 1 food waste project of compatible
feedstocks including materials"as
liquid waste approved
-
<2 acres and
<5,000cy 1 year period Composting
Facility Restrictions defined defined <50,000 all materials <5,000cy all occurs at site of
by CD by CD cy except finished materials generation
product
No
No (See
(See Composting
Design and Composting Plan
Operations (D&O) Yes Yes Yes Plan Yes Requirements
Plan requirements in in Section
(Section 14,4) Section 14.11) 14.11)
summary
Annual Report Yes Yes Yes Yes 'report due at Yes
(Section 14.7.3) end of pilot
Financial Assurance Yes Yes Yes Yes Yes Yes
(Section 1 8)
(cy)=cubic yard
(D) Within six (6) months of the effective date of this Section 14, facilities that cannot
meet the compliance schedule specified in 14.1.3(A), 14.1.3(B) or 14.1.3(C) must
make a demonstration to the Department showing why this compliance schedule
cannot be met, and must request an alternate schedule for coming into
compliance with this Section 14. Such extension shall be subject to Department
approval, but the deadline for coming into compliance may be extended no
longer than eighteen (18) months after the effective date of this Section 14.
(E) Within twelve (12) months of the effective date of this Section 14, an existing
Class V composting facility must have onsite a completed Composting Plan that
complies with Section 14.11.
14.1.4 Compost Feedstock Types
The categories described below are not intended to be all-inclusive, but rather are set
forth as guidance to assist owners and operators in determining the appropriate
classification of a proposed or existing composting facility. The Department recognizes
that case-by-case determinations may be necessary concerning selection of an
appropriate category for a particular feedstock. Accordingly, the Department may
require that analytical and/or process information be supplied by the owner or operator
to assist in making such determinations.
Type 1: Agricultural crop residues, manure, untreated wood wastes, yard, paper and
green wastes.
Type 2: Animal material, animal mortalities and source separated food wastes.
Type 3: Biosolids, solid waste, processed solid waste and sludges.
14.2 COMPOSTING FACILITY CLASSIFICATIONS
Classification of composting facilities is based upon the types of feedstocks received by
the facility and the nature of the operation.
14.2.1 Class I Composting Facility
•
A Class I composting facility is one that:
(A) Is permitted to receive Types 1, 2 or 3 feedstocks;
(B) Is not restricted as to the volume of feedstocks, bulking agent or in-process
material that may be present on the site at any given time; and
(C) May accept feedstocks from multiple generators at one location for processing.
227
December 30, 2008
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