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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hereby are, repealed and re-enacted , with amendments, and the various Chapters are revised to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. 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 & Gas Production Wastes shall mean Class II wastes approved for injection
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
ORD2011 -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-Tem
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
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