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HomeMy WebLinkAbout20110382.tiff O� 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of the County of Weld, State of Colorado,that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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. 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 and Gas Production Wastes. Class II Oil and 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 /� 2011-0382 II VIII IIIIII VIII VIII IIIIII VIII III HEM IIII � V, t�l PL ORD2011-1 3781020 07/20/2011 02:24P Weld County, CO 33� it 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. 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, sub-section, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, sub-sections, 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 15th day of June, A.D., 2011. BOARD OF COUNTY COMMISSIONERS W D COUNTY, C ORADO ATTEST: �% . •� � _ �• �3 arbara Kirkmey , Chair Weld County Clerk to 1 fib f ;` �� EXCUSED \ s�„�� ���r• Sean P. Ca ay, Pro-Tem BY: rte Deputy Clerk to the B �� �1 (/� li F. G rbia APP D A RM: \_ vid E. Lon Q ou ttorney Dougl Radema er 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 continued to: May 9, 2011 continued to: May 25, 2011 continued to: June 15, 2011 Publication: June 22, 2011, in the Fort Lupton Press Effective: June 27, 2011 11111111111111111111111111111111111111 2011-0382 3781020 07/20/2011 02:24P Weld County, CO ORD2011-1 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Hello