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Home My WebLink About20083443.tiff Backt (ISM- V-e w w7v) DRAFT 8-Sept 16.2008 Division 2 Biosolids Regulations Sec.14-7-110.Intent and applicability of biosolids regulations. A.The intent of the biosolids permit procedure is to ensure that the quality of material applied on land in the County for beneficial uses is applied in a manner which will protect and promote the health,safety and general welfare of the present and future residents of the County. B.A biosolids permit shall be required for the application of biosolids in the unincorporated areas of the County. C. Any contiguous parcels, up to six hundred forty (640) acres, which are owned by the same individual or group of individuals may be permitted one (1) biosolids permit.there shall be a -- Deleted:The required evaluations and minimum fee for up to one hundred sixty (160) acres, with the fee for each additional acre pro analysis results shall be submitted for each one hundred sixty(160)acres or rata. fraction thereof D.The County may require more intensive sampling where multiple crops are grown --- E Sites and facilities that have been issued a certificate of designation in accordance H :r 30- _ ----{Deleted:D _ 20-101, Colorado Revised Statutes as amended from the Board of County Commissioners are exempted from the provisions of this Section. P, Any person filing an application for a biosolids permit shall comply with the County ---{Deleted:E procedures and regulations in this Article. -- _ Cam.Applications for a biosolids permit shall be completed as set forth in Section 14-7-130 of this {Deleted:e Article. The completed application and application fee shall be submitted to the Department of Public Health and Environment. ]j A biosolids permit shall be for a period of one(1) year and is renewable for additional one- ---f Deleted:0 year periods only by grant of the Board of Public Health. The permit shall be considered for renewal upon submittal sixty(60) days prior to the expiration date of the permit. Any expansion or enlargement of the area for which the biosolids permit is issued shall require a new application under the provisions of this Section. The applicant shall be entitled to twenty-one (21) days' notice prior to any hearing at which the Board of Public Health may refuse to renew any portion of the permit. I (,The Board of County Commissioners hereby delegates the authority to review,issue and revoke ---{_Deleted:H -- biosolids permits to the Board of Public Health, the Public Health Officer and the Department of - I Public Health and Environment,as set forth in this Article., - Deleted:(weld County Code Ordinance 2005-6) Sec. 14-7-120.Operating standards for biosolids permit. _ An applicant for a biosolids permit shall comply with all of the terms and conditions set forth in {Formatted:Justified the permit, with the statements and representations made in the applicant's application materials Viari submitted pursuant to Section 14-7-130 of this Articles --- Deleted:.(Weld County Code - Ordinance 2005-6)¶ Sec. 14-7-130.Application requirements for biosolids permit. The purpose of the application for a biosolids permit is to give the applicant an opportunity to demonstrate, through written and graphic information, how the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application: A. The following general information shall be on a form provided by the Department of Public Health and Environment: 1.The name,address and telephone number of the biosolids transporter and applicator. 2. The name and address of the property owners proposed for the biosolids permit if different from above. EXHIBIT I •_ oa -X5'5/3 OAz9 ,ga'd'- /S 3.A legal description of the property where the biosolids are to be applied. 4.The total acreage of the property under consideration. 5.Existing land use of the property under consideration. 6.Existing land uses of all properties adjacent to the property under consideration. 7. Present zone and overlay zones,if appropriate. 8. Signatures of the transporter,applicator and property owners or their authorized legal agent. 9. The name, mailing address and phone number of any irrigation ditch company with irrigation {Deleted:,2003 ditches on the parcel under consideration for a biosolids permit. - Deleted:the following B. Evidence that demonstrates the use will be in compliance with the Colorado Department of i, ---- Public Health and Environment Biosolids Regulations 5 C.C.R. 1002-64, {Deleted' C. A letter of intent to apply biosolids that includes azlnformation,mandated in the C. :, r., -: Deleted:DPHE 1)rl,!Lk',rn .d Nibl , Il,. lh d' .ri Biosolids Regulation lrv.iuJ .it 5 CCR 1002-64., - Deleted: 1.The types of crops to be D, Awritten statement outlining an a)ternate biosolids management plan, This shall include the grownonme landard the number of acres ofeach crop.¶ name and address of the generator,the name and address of any contractor and,if applicable, the 2.Evidence that the biosolids comply name and address of the user. with the criteria for metals-based n E A written statement demonstrating the applicant's ability to apply biosolids either by direct*, classification of biosolids as dlorado PP PP Y I Table 1 and Table 3 of the Colorado injection or surface application with immediate incorporation into the soil. If the applicant does ",1 Department of Public Health and not plan immediate incorporation, a written statement shall be submitted demonstrating why it is 1, Environment Biosolids Regulation 5 not feasible and necessary for reasons of remoteness,nature of the biosolids,characteristics of the C.C.R.Evidence sho.¶ '!� 3.Bvidence showing that the biosolids soil or type of crop. meet the stability criteria established by f, A written statement demonstrating that the applicant has alternate methods of disposal the Colorado Department of Public Health and Environment Biosolids available during cold weather months when injection or incorporation is not possible. Surface ', RCS Regulation 5 C.C.R.loos-64.12(e).¶ application on frozen ground shall be allowed only if specifically requested in the application„ 4.Results of piezometric tube Cam,A written statement demonstrating that the applicant can and will off-load a minimum of sixty I; monitoring,test bores or other groundwater level monitoring results (60)feet from County roads., verifying the annual high groundwater level at the minimum depth which occurs on the site.¶ 5.Results of test bores or other results H. A map that details the haul route to the proposed land application site. Thetji;i 'J,iJ, verifying the minimum depth to bedrock Weld County Public Works Department may identify and require use of alternate ',`, 'j:j' which occurs on the site.¶ 6 haul routes to avoid any restricted bridges, construction zones or other factors that involve public safety. In a timely manner, the applicant will notify Public , Jjjj[Deleted:A Works of haul route or land application site changes not previously identified and [Deleted:s coordinate with the County Road Use permit agent on requested changes. f Formatted:Tabs: 0.63",Left Deleted:7.A screening analysis of the I. A written statement that the applicant is aware that if Weld County roads are biosolids as specified in Colorado damaged beyond normal wear and tear by the biosolids hauling equipment of the DepartmentofpubhcHealthand applicant or the applicants' contractor, the applicant will repair the road damage C.C.R. them 4. 6.11 Regulations C.C.R.1002-64.16.11 to the satisfaction of the Public Works Department. The Public Works jjjjj 8.A soil analysis of the site.The soil Department will be the agency to determine when this is warranted. analysis shall also include those constituents specified in the Colorado Department of Public Health and J. A written statement that the applicant is aware that upon notification by Weld jjjjj Environment Biosolids Regulation 5 County, the applicant will cease hauling operations, or direct his contractor to ,,!,,,,j cD.aR.looz-64.16.¶ cease hauling operations, until the roads are repaired to the satisfaction of the Deleted'E Public Works Department. Hauling operations will not be allowed to resume until the condition of the road allows heavy hauling without damage being done to the i Deleted:and authorized in the permit. roads. jj{(Deleted:F 'I Deleted:¶ K. A written statement that the applicant is aware that if excessive heavy truck Formatted:Numbered+Level: 1+ hauling of biosolids causes dust problems to the adjacent property owners, the Numbering Style:A,B,C,...+Start applicant shall be required to provide an adequate dust suppressant (potable at:8+Alignment:Left+Aligned at: 0.25"+Tab after: 0.5"+Indent at: water, calcium chloride or magnesium chloride) for approximately 300' at each 0.5" affected residence. Determination of application shall be designated by the Weld County Public Works Department based on complaints, average daily traffic counts,and the increase of heavy truck hauling associated with this operation. IS,A written statement demonstrating that at no time will an application site have an odor reading - ---{Deleted:c of greater than a seven-to-one(7:1)dilution/threshold as measured according to Regulation#2 of - - the Colorado Air Quality Control Regulations. C A written statement demonstrating that the applicant has the ability to prevent, control and --f Deleted:ll abate spillage. 4, A written statement demonstrating that the applicant can and will handle, store and apply _..- {Deleted:l biosolids in a manner that controls fugitive dust, blowing debris, odor and other potential nuisance conditions. N. A written statement demonstrating how the proposed use will be compatible with the existing --- {Deleted:1 surrounding land uses. O, A written statement demonstrating how the proposed use will be compatible with the future ---{Deleted:R development of the surrounding area as permitted by the existing zone and with future development as projected by Chapter 22 of this Code or the adopted master plans of affected municipalities. P A written statement demonstrating how adequate provision for the protection of the health, ---{-Deleted:L safety and welfare of the inhabitants of the neighborhood and the County will be maintained. I Q,A map that shows and complies with the following requirements: -. {Deleted:M 1. The minimum size of the map shall be eight(8)inches by eleven(II)inches. 2.The scale shall be a suitable scale allowing for legible reading. 3. Section,township and range. 4. North arrow. 5. Outline of the perimeter of the property under consideration. 6. The location and names of all roads abutting the property under consideration. 7. The location and name of any water features or irrigation ditches within the perimeter of the property under consideration. 8. All existing,structures on the property under consideration. --- {Deleted:and proposed 9.The location of all occupied dwellings and other occupied structures within a 500 feecradius of _..--{Deleted:a one-mile the property under consideration, Deleted: ¶ R, Any additional information as may be required by the Department of Public Health and Environment or Board of Public Health in order to determine that the application meets the {Deleted:N requirements of this Chapter. 4 The minimum number of copies required for processing the application shall be five(5)unless - {Deleted:O the application is submitted electronically,and then one(1)copy is required. � L A certified list of the names, addresses and corresponding parcel identification numbers {Deleted:e assigned by the County Assessor to the owners of property of the surface estate within five hundred(500) feet of the property subject to the application. The source of such list shall be the records of the County Assessor,or an ownership update from a title abstract company or attorney derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was I assembled within thirty(30)days of the application submission date., -- Deleted:(weld County Code - - - - - -- Ordinance 2005-6) „i-JJPJ Sec.14-7-140.Duties of Department of Public Health and Environment for biosolids permit. ' r A. The Department of Public Health and Environment shall be responsible for processing all applications for biosolids permits in the unincorporated areas of the County. It shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below. Substantial compliance with the notice and referral procedures in this Section of the Code shall be deemed sufficient, so long as there are no material departures from the procedures which would deprive a citizen of due process. B. Upon determination that the application submittal is complete, the Department of Public Health and Environment shall: 1. Set a Board of Public Health hearing date not more than sixty (60) days after the complete application has been submitted. 2. Arrange for legal notice of the Board of Public Health hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Department of Public Health and Environment, a second notice may be published in a newspaper which is published in the area in which the biosolids permit is proposed. The date of publication in a newspaper designated by the Board of County Commissioners shall be at least ten(10)days prior to the hearing. 3. Provide a sign for the applicant to post on the property under consideration for a biosolids permit. The sign shall be posted adjacent to and visible from a publicly maintained road right-of- way. In the event that the property under consideration is not adjacent to a publicly maintained road right-of-way, the applicant shall post one (1) sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The sign shall be posted by the applicant, who shall certify that the sign has been posted for the ten (10) days preceding the hearing date. The sign shall show the following information: a.The permit number. b. The date and place of public hearing. c. The location and phone number of the public office where additional information may be obtained. d.The applicant's name. e.The size of the parcel of land. f.The type of request. 4. Refer the application to the following agencies, when applicable, for their review and comment. The agencies named shall respond within fourteen (14) days after the mailing of the application by the County.The failure of any agency to respond within fourteen(14)days may be deemed to be a favorable response to the County. The reviews and comments solicited by the County are intended to provide the County with information about the proposed biosolids permit. The Department of Public Health and Environment may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations to the County. a.The planning commission or governing body of any municipality and county whose boundaries are within a three-mile radius of the parcel under consideration for a biosolids permit. b.The planning commission or governing body of any city or town that has included the parcel in its master planning area. c.The Department of Planning Services. d.The Department of Public Works. e. Any irrigation ditch company with facilities on the parcel under consideration for a biosolids permit. f. Any other agencies or individuals whose review the Department of Public Health and Environment may deem necessary. 5. Prepare a staff recommendation for use by the Board of Public Health addressing all aspects of the application, its conformance with the standards contained in this Chapter and comments received from agencies to which the proposal was referred. 6. Give notice of the permit application and the public hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first class,not less than ten(10)days before the scheduled public hearing., -t Deleted:(Weld County Code Ordinance 2005-6)¶ Sec. 14-7-150.Duties of Board of Public Health for issuance of biosolids permit. A. The Board of Public Health shall hold a public hearing to consider the application and shall either issue or deny all or any portion of the biosolids permit. In making a decision on the proposed biosolids permit, the Board of Public Health shall consider the recommendation of the Department of Public Health and Environment, facts presented at the public hearing and the information contained in the official record, which includes the case file of the Department of Public Health and Environment. The Board of Public Health shall approve all or any portion of the biosolids permit unless it finds that the applicant has not met one(1)or more of the standards or conditions of Paragraphs I through 10 below. The applicant has the burden of proof to show that the standards and conditions of Paragraphs 1 through 10 below are met. The applicant shall demonstrate: 1. That the use will be in compliance with the Colorado Department of Public Health and Environment Biosolids Regulations I. ;...,I n 5 C.C.R. 1002-64, -- --{Deleted:,2003 2. That the biosolids will be applied either by direct injection or surface application with immediate incorporation into the soil. The Board of Public Health may grant a permit where, if immediate incorporation is not planned, the Board of Public Health is satisfied that it is not feasible and necessary for reasons of remoteness, nature of the biosolids, characteristics of the soil or type of crop. 3.That alternate sites are available during cold weather months when injection or incorporation is not possible. Surface application on frozen ground shall be allowed only if specifically requested I in the application_,4. That a minimum of sixty (60) feet from County roads will be maintained {Deleted:and authorized in thepennitl when off-loading. 5. That at no time shall an application site have an odor reading of greater than a seven-to-one (7:1) dilution/threshold as measured in accordance with Regulation #2 of the Colorado Air Quality Control Regulations. 6. That the ability to prevent,control and abate spillage of biosolids shall be maintained. 7. That the methods of handling, storage and application of the biosolids shall control fugitive dust,blowing debris,odor and other potential nuisance conditions. 8.That the use will be compatible with the existing surrounding land uses. 9. That the use will be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as projected by Chapter 22 of this Code or the adopted master plans of affected municipalities. 0 That there is adequate provision for the protection of the health, safety and welfare of the {Deleted:¶ inhabitants of the neighborhood and the County. {Deleted:0. B. Where reasonable methods or techniques are available to mitigate any negative impacts which - _ - _ -- --- could be generated by the approval of the biosolids permit upon the surrounding area,the Board of Public Health may condition the decision to approve all or any portion of the permit upon implementation of such methods or techniques and may require sufficient performance guarantees to be posted with the County to guarantee such implementation. C. Upon the Board of Public Health making its decision on the biosolids permit, a record of such action and a copy of the permit shall be kept in the files of the Department of Public Health and Environment office and a copy sent to the Clerk to the Board's office. D. If the Board of Public Health determines that the applicant has not met the standards or conditions of Paragraphs A.l through A.10 above and denies all or any portion of a biosolids permit, the applicant may request, within thirty (30) days of the Board of Public Health's decision, to appear before the Board of County Commissioners in a public hearing. The Department of Public Health and Environment shall schedule the hearing before the Board of County Commissioners using the notice requirements of Paragraphs 14-7-140.B.2 and B.3 above, and notifying anyone who testified at the Board of Public Health's hearing.The Board of County Commissioners will consider the application and determine if the applicant has met the standards or conditions of Paragraphs A.1 through A.10 above. The Board of County Commissioners may _.. reverse,affirm or modify the Board of Public Health's decision., ---r Deleted:(Weld County Code Ordinance 2005-6)¶ Sec. 14-7-160.Permit renewal application for a biosolids permit. I A.The following information shall be submitted as a part of a i renewal application to renew all ...-- Deleted:The purpose of the renewal or any portion of a biosolids permit: application for a biosolids permit is to 1. A renewal application form asprovided by the Department of Public Health and Environment. give the applicant an opportunity to PP P demonstrate,through written and graphic 2. An explanation of any changes that are requested or that have occurred since the issuance of information,how the renewal complies the biosolids permit. with the standards of this Chapter. P. The Department of Public Health and Environment shall be responsible for processing all Deleted:the applications for the renewal of biosolids permits in the unincorporated areas of the County. The --- {Deleted:3.All other biosolids permit duties of the Department of Public Health and Environment for processing a biosolids permit renewal requirements shall be the same as renewal shall be the same as outlined in Section 14-7-140 of this Article. Except that: outlined in Section toa-l3o of this 1, Upon the request of the permittee, the notice and posting requirements described in Section _ -- Deleted:Al the discretion of the 14-7-140.8.2., 8.3., B.4., and 6.6. of this \r ,_,Inay be waived when a biosolids permit is Department of Public Health and environment,u considered for renewal based upon the remoteness, nature of the biosolids, characteristics of the soil,type of crop,enforcement actions and prior public comments or complaints. Deleted: a - - a. For consideration of waiving the notice and posting requirements of a renewal permit, there - Deleted:on all or any portion of the should be no violations for the site under consideration, of the Weld County Code or the ?e-""'t -- Colorado Department of Public Health & Environments Biosolids Regulation ,5CCR Deleted: 1002-64 for a minimum of two years. Deleted:) b. Waiving of notice and posting requirements may occur for up to two consecutive years. In no case shall a Biosolids permit be renewed for three consecutive years without following all of the notice and posting requirements in 14-7-140 of this Article. C. The duties of the Board of Public Health for considering a renewal of a biosolids permit shall be the same as outlined in Section 14-7-150 of this Article., - Deleted:(weld County Code Ordinance 2005-6) Division 3 Enforcement Sec. 14-7-210.Violations. The County,through its Board of Public Health,Public Health Officer,Department of Public _ _---{Formatted:Font:limes New Roman Health and Environment or other departments so authorized may enforce the provisions of this 'C' Article and the terms,requirements and conditions of an approved biosolids permit through - - 4,di methods included in this Code or through other methods adopted by resolution or ordinance by the Board of County Commissioners. Failure to abide by such terms,requirements and conditions may result in a revocation of the biosolids permit., Deleted:(weld County Code Ordinance 2005-6) Esther Gesick From: Bruce Barker Sent: Monday, October 20, 2008 9:30 AM To: Esther Gesick; Jennifer VanEgdom; Elizabeth Strong Subject: FW: UPDATE-Weld Countys Biosolids Rules Attachments: draft 9 WC Biosolids Rules Oct 8 2008 with BOCC comments.doc ®al draft 9 WC Biosolids Rules Oc... This is the way it is suppose to reads. Original Message From: Trevor Jiricek Sent: Tuesday, October 14, 2008 8:35 AM To: nstefonick@mwrd.dst.co.us; pferguson@mwrd.dst.co.us; amichael@mwrd.dst.co.us; pdowell@mwrd.dst.co.us; tlarson@lwmbiosolids.com; David Quarles; mcfarms2@aol.com; 'Anthony Tuka' Cc: Mary Cavnah; Steve Wiatrowski; Bruce Barker; Lauren Light Subject: UPDATE - Weld County's Biosolids Rules All, The 1st reading of the rules was held on September 29, and went through w/o a hitch. However, the Board of County Commissioners requested a work session to again discuss the proposed amendments to the rules. We met with the Board on October 8. I think you will all be thrilled to learn that the Board felt that a couple of the "road" related rules were too onerous. I have attached the most recent version. Please check out Section 14-7-130.H. & I. On a second note, during the work session the Board directed our Department to propose a Biosolid Permit fee increase to $500 (per 160 acre parcel) . If approved the fee would be effective January 1, 2009. The new fee will be proposed during the budget process in November. Please let me know if you have any questions. Thanks! Trevor Jiricek, M.A. Director, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave Greeley, Colorado 80631 970-304-6415, ext. 2214 (office) 970-304-6411 (fax) ishitlia44: 014 ai DRAFT 9-Oct 8. 2008 Division 2 Biosolids Regulations Sec. 14-7-110.Intent and applicability of biosolids regulations. A.The intent of the biosolids permit procedure is to ensure that the quality of material applied on land in the County for beneficial uses is applied in a manner which will protect and promote the health,safety and general welfare of the present and future residents of the County. B. A biosolids permit shall be required for the application of biosolids in the unincorporated areas of the County. C. Any contiguous parcels, up to six hundred forty (640) acres, which are owned by the same individual or group of individuals may be permitted one (1) biosolids permit.There shall be a Deleted:The required evaluations and minimum fee for up to one hundred sixty (160) acres, with the fee for each additional acre pro analysis results shall be submitted for each one hundred sixty(160)acres or rata. fraction thereof. D.The County may require more intensive sampling where multiple crops are grown_ Sites and facilities that have been issued a certificate of designation in accordance Section 30- _ ----{Deleted:D 20-101, Colorado Revised Statutes, as amended from the Board of County Commissioners are exempted from the provisions of this Section. _ h; Any person filing an application for a biosolids permit shall comply with the County —{Deleted:F procedures and regulations in this Article. Cam. Applications for a biosolids permit shall be completed as set forth in Section 14-7-130 of this _- ---{Deleted:F Article. The completed application and application fee shall be submitted to the Department of Public Health and Environment. 1), A biosolids permit shall be for a period of one (1)year and is renewable for additional one- ----{Deleted:c year periods only by grant of the Board of Public Health. The permit shall be considered for renewal upon submittal sixty(60) days prior to the expiration date of the permit. Any expansion or enlargement of the area for which the biosolids permit is issued shall require a new application under the provisions of this Section. The applicant shall be entitled to twenty-one (21) days' notice prior to any hearing at which the Board of Public Health may refuse to renew any portion of the permit. I L The Board of County Commissioners hereby delegates the authority to review,issue and revoke _- --{Deleted:it biosolids permits to the Board of Public Health,the Public Health Officer and the Department of I Public Health and Environment,as set forth in this Article., -- Deleted:(weld County Code Ordinance 2005-6) Sec.14-7-120.Operating standards for biosolids permit. I An applicant for a biosolids permit shall comply with all of the terms and conditions set forth in•---- -{Formatted:Justified the permit, with the statements and representations made in the applicant's application materials submitted pursuant to Section 14-7-130 of this Article, ._---{Deleted:.(Weld County Code l Ordinance 2005-6)¶ Sec. 14-7-130.Application requirements for biosolids permit. The purpose of the application for a biosolids permit is to give the applicant an opportunity to demonstrate, through written and graphic information, how the proposal complies with the standards of this Chapter.The following supporting documents shall be submitted as a part of the application: A. The following general information shall be on a form provided by the Department of Public Health and Environment: 1.The name,address and telephone number of the biosolids transporter and applicator. 2. The name and address of the property owners proposed for the biosolids permit if different from above. 3.A legal description of the property where the biosolids are to be applied. 4.The total acreage of the property under consideration. f Deleted:,2003 5.Existing land use of the property under consideration. '�Deleted:the following 6.Existing land uses of all properties adjacent to the property under consideration. 7. Present zone and overlay zones,if appropriate. 8. Signatures of the transporter,applicator and property owners or their authorized legal agent. (%!,�Deleted:DPHE 9. The name, mailing address and phone number of any irrigation ditch company with irrigation ,r, Deleted:1.Thelypesofcropstobe ditches on the parcel under consideration for a biosolids permit. i grown on the land and the number of B. Evidence that demonstrates the use will be in compliance with the Colorado Department of acres,Evidence that thp.e p P 2.Evidence that the biosolids comply Public Health and Environment Biosolids Regulations 5 C.C.R. 1002-64, i with the criteria for metals-based C. A letter of intent to apply biosolids that includes aa3 nformation,mandated in the Colorado /f classification of biosolids as defined in Table I and Table 3 of the Colorado Department of Public Health and Environment Biosolids Regulation found at 5 CCR 1002-64. Department of Public Health and �. A written statement outlining an alternate biosolids management plan, This shall include the r Environment Biosolids Regulation5 name and address of thegenerator,the name and address of any contractor and,if applicable,the C.C.R.1002-64.1 PP 3.Evidence showing that the biosolids name and address of the user. Il meet the stability criteria established by E A written statement demonstrating the applicant's ability to apply biosolids either by direct*. the Colorado Department of Public iosolids injection or surface application with immediate incorporation into the soil. If the applicant does 'i,S Health and Environment C.C.R.100 -64.12(0 j PP rP PP Regularions GR.loot-6a.lzlc).1 not plan immediate incorporation, a written statement shall be submitted demonstrating why it is i".,Ii 4.Results of piezometric tube not feasible and necessary for reasons of remoteness,nature of the biosolids,characteristics of the monitoring,test bores or other groundwater level monitoring results soil or type of crop. I verifying the annual high groundwater F, A written statement demonstrating that the applicant has alternate methods of disposal levelattheminimumdepthwhichoccurs available during cold weather months when injection or incorporation is notpossible. Surface I 5. Results of rP 5.Results of test bores or other results application on frozen ground shall be allowed only if specifically requested in the application, 'ii verifying the minimum depth to bedrock L.A written statement demonstrating that the applicant can and will off-load a minimum of sixty ',I ', which occurs on the site.¶ I b (60)feet from County roads., - ,, H. A written statement that the applicant is aware that if excessive heavy truck ! {Formatted:Tabs: 0.63",Left hauling of biosolids causes dust problems to the adjacent property owners, the '' Deleted:7.A screening analysis of the applicant shall be required to provide an adequate dust suppressant (potable ' biosolids as specified in Colorado water, calcium chloride or magnesium chloride) for approximately 300' at each EDepartmentofPublicHealth and affected residence. Determination of application shall be designated by the Weld 1002-Di.16.1 saeg lauons C.C.R.GQR.1002-64.16.¶ County Public Works Department based on complaints, average daily traffic 8.A soil analysis of the site.The soil counts,and the increase of heavy truck hauling associated with this operation. analysis shall also include those constituents specified in the Colorado III Department of Public Health and L. A written statement demonstrating that the applicant has reviewed the maps- Environment Biosolids Regulation 5 made available by the Weld County Public Works Department and is aware of D.c.R.I00z-64.16.¶ the county roads and restricted bridges that should be avoided by truck traffic C Deletetl:E DDeleted'and authorized in the permit. Dekted:F Formatted:Indent:Left: 0.25", i,A written statement demonstrating that at no time will an application site have an odor reading Hanging: 0.25" of greater than a seven-to-one(7:1)dilution/threshold as measured according to Regulation#2 of Formatted:Pont:11 pt the Colorado Air Quality Control Regulations. fF°r"'attM`Font: 11 pt — - Is A written statement demonstrating that the applicant has the ability to prevent, control and \ a abate spillage. ,C Formatted:Font: 11 pt L A written statement demonstrating that the applicant can and will handle, store and apply `., [Deleted:G. biosolids in a manner that controls fugitive dust, blowing debris, odor and other potential . [Deleted:H nuisance conditions. 'j Deleted:I - 4, A written statement demonstrating how the proposed use will be compatible with the existing --.{Deleted:t surrounding land uses. I N, A written statement demonstrating how the proposed use will be compatible with the future _----{Deleted:K development of the surrounding area as permitted by the existing zone and with future development as projected by Chapter 22 of this Code or the adopted master plans of affected municipalities. O A written statement demonstrating how adequate provision for the protection of the health, —{Deleted:L safety and welfare of the inhabitants of the neighborhood and the County will be maintained. I j A map that shows and complies with the following requirements: ---Deleted:M 1.The minimum size of the map shall be eight(8)inches by eleven(11)inches. 2.The scale shall be a suitable scale allowing for legible reading. 3. Section,township and range. 4.North arrow. 5. Outline of the perimeter of the property under consideration. 6.The location and names of all roads abutting the property under consideration. 7. The location and name of any water features or irrigation ditches within the perimeter of the property under consideration. -.. 8. All existing structures on the property under consideration. {Deleted:and proposed 9.The location of all occupied dwellings and other occupied structures within a 500 feet,radius of .. Deleted:a one-mile the property under consideration, - -{Deleted:.¶ Q, Any additional information as may be required by the Department of Public Health and -- Environment or Board of Public Health in order to determine that the application meets the {Deleted:N requirements of this Chapter. I 13 The minimum number of copies required for processing the application shall be five(5)unless --{Deleted:o the application is submitted electronically,and then one(1)copy is required. S, A certified list of the names, addresses and corresponding parcel identification numbers - Deleted:P assigned by the County Assessor to the owners of property of the surface estate within five hundred(500) feet of the property subject to the application. The source of such list shall be the records of the County Assessor,or an ownership update from a title abstract company or attorney derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was I assembled within thirty(30)days of the application submission date., -- Deleted:(weld County Code Ordinance 2005-6) Sec.14-7-140.Duties of Department of Public Health and Environment for biosolids permit. A. The Department of Public Health and Environment shall be responsible for processing all applications for biosolids permits in the unincorporated areas of the County. It shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below. Substantial compliance with the notice and referral procedures in this Section of the Code shall be deemed sufficient, so long as there are no material departures from the procedures which would deprive a citizen of due process. B. Upon determination that the application submittal is complete, the Department of Public Health and Environment shall: 1. Set a Board of Public Health hearing date not more than sixty (60) days after the complete application has been submitted. 2.Arrange for legal notice of the Board of Public Health hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Department of Public Health and Environment, a second notice may be published in a newspaper which is published in the area in which the biosolids permit is proposed. The date of publication in a newspaper designated by the Board of County Commissioners shall be at least ten(10)days prior to the hearing. 3. Provide a sign for the applicant to post on the property under consideration for a biosolids permit. The sign shall be posted adjacent to and visible from a publicly maintained road right-of- way. In the event that the property under consideration is not adjacent to a publicly maintained road right-of-way, the applicant shall post one (1) sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The sign shall be posted by the applicant, who shall certify that the sign has been posted for the ten (10) days preceding the hearing date. The sign shall show the following information: a.The permit number. b.The date and place of public hearing. c. The location and phone number of the public office where additional information may be obtained. d.The applicant's name. e.The size of the parcel of land. f.The type of request. 4. Refer the application to the following agencies, when applicable, for their review and comment. The agencies named shall respond within fourteen (14) days after the mailing of the application by the County. The failure of any agency to respond within fourteen(14)days may be deemed to be a favorable response to the County. The reviews and comments solicited by the County are intended to provide the County with information about the proposed biosolids permit. The Department of Public Health and Environment may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations to the County. a.The planning commission or governing body of any municipality and county whose boundaries are within a three-mile radius of the parcel under consideration for a biosolids permit. b.The planning commission or governing body of any city or town that has included the parcel in its master planning area. c.The Department of Planning Services. d.The Department of Public Works. e. Any irrigation ditch company with facilities on the parcel under consideration for a biosolids permit. f. Any other agencies or individuals whose review the Department of Public Health and Environment may deem necessary. 5. Prepare a staff recommendation for use by the Board of Public Health addressing all aspects of the application, its conformance with the standards contained in this Chapter and comments received from agencies to which the proposal was referred. 6. Give notice of the permit application and the public hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first class, not less than ten(10) days before the _ scheduled public hearing., ---{Deleted:(Weld County Code I Ordinance 2005-6)¶ Sec. 14-7-150.Duties of Board of Public Health for issuance of biosolids permit. A. The Board of Public Health shall hold a public hearing to consider the application and shall either issue or deny all or any portion of the biosolids permit. In making a decision on the proposed biosolids permit, the Board of Public Health shall consider the recommendation of the Department of Public Health and Environment, facts presented at the public hearing and the information contained in the official record, which includes the case file of the Department of Public Health and Environment. The Board of Public Health shall approve all or any portion of the biosolids permit unless it finds that the applicant has not met one(1)or more of the standards or conditions of Paragraphs 1 through 10 below. The applicant has the burden of proof to show that the standards and conditions of Paragraphs 1 through 10 below are met. The applicant shall demonstrate: 1. That the use will be in compliance with the Colorado Department of Public Health and Environment Biosolids Regulations found at 5 C.C.R. 1002-64,, --f Deleted:,2003 2. That the biosolids will be applied either by direct injection or surface application with immediate incorporation into the soil. The Board of Public Health may grant a permit where, if immediate incorporation is not planned, the Board of Public Health is satisfied that it is not feasible and necessary for reasons of remoteness, nature of the biosolids, characteristics of the soil or type of crop. 3.That alternate sites are available during cold weather months when injection or incorporation is not possible. Surface application on frozen ground shall be allowed only if specifically requested I in the application,4. That a minimum of sixty (60) feet from County roads will be maintained _ _--{Deleted:and authorized in the permit.¶ when off-loading. 5. That at no time shall an application site have an odor reading of greater than a seven-to-one (7:1) dilution/threshold as measured in accordance with Regulation #2 of the Colorado Air Quality Control Regulations. 6.That the ability to prevent,control and abate spillage of biosolids shall be maintained. 7. That the methods of handling, storage and application of the biosolids shall control fugitive dust,blowing debris,odor and other potential nuisance conditions. 8.That the use will be compatible with the existing surrounding land uses. 9. That the use will be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as projected by Chapter 22 of this Code or the adopted master plans of affected municipalities. ,10 That there is adequate provision for the protection of the health, safety and welfare of the ..---fDeleted:¶ inhabitants of the neighborhood and the County. --I Deleted:0. B. Where reasonable methods or techniques are available to mitigate any negative impacts which -- could be generated by the approval of the biosolids permit upon the surrounding area, the Board of Public Health may condition the decision to approve all or any portion of the permit upon implementation of such methods or techniques and may require sufficient performance guarantees to be posted with the County to guarantee such implementation. C. Upon the Board of Public Health making its decision on the biosolids permit,a record of such action and a copy of the permit shall be kept in the files of the Department of Public Health and Environment office and a copy sent to the Clerk to the Board's office. D. If the Board of Public Health determines that the applicant has not met the standards or conditions of Paragraphs A.1 through A.10 above and denies all or any portion of a biosolids permit, the applicant may request, within thirty (30) days of the Board of Public Health's decision, to appear before the Board of County Commissioners in a public hearing. The Department of Public Health and Environment shall schedule the hearing before the Board of County Commissioners using the notice requirements of Paragraphs 14-7-140.B.2 and B.3 above, and notifying anyone who testified at the Board of Public Health's hearing. The Board of County Commissioners will consider the application and determine if the applicant has met the standards or conditions of Paragraphs A.1 through A.10 above. The Board of County Commissioners may I reverse,affirm or modify the Board of Public Health's decision., - - Deleted:(Weld County Code Ordinance 2005-6)¶ Sec. 14-7-160.Permit renewal application for a biosolids permit. _ I A.The following information shall be submitted as a part of arenewal application to renew all _ Deleted:The purpose of the renewal or any portion of a biosolids permit: application for a biosolids permit is to to 1.A renewal application form asprovided by the Department of Public Health and Environment give the applicant a wttieopportn and graphic p demonstrate,through wrinen and gaphi< 2. An explanation of any changes that are requested or that have occurred since the issuance of f information,how the renewal complies the biosolids permit. with the standards of this Chapter. Deleted:the ,B. The Department of Public Health and Environment shall be responsible for processing all ,„-- Deleted:3.All other biosolids permit applications for the renewal of biosolids permits in the unincorporated areas of the County. The I renewal requirements shall be the same as duties of the Department of Public Health and Environment for processing a biosolidspermit Article ned in Section 14-7-130 of this p Article.¶ renewal shall be the same as outlined in Section 14-7-140 of this Article. Except that: -- I Upon the request of the permittee, the notice and posting requirements described in Section --- Deleted:At the discretion of the 14-7-140.B.2., B.3., B.4., and B.6. of this Atiq,_inay be waived when a biosolids permit is Department of Public Health and Environment,n considered for renewal based upon the remoteness, nature of the biosolids, characteristics of the soil,type of crop,enforcement actions and prior public comments or complaints. `- f Deleted: a _ a. For consideration of waiving the notice and posting requirements of a renewal permit, there Deleted:on all or any portion of the should be no violations for the site under consideration, of the Weld County Code or the permit Colorado Department of Public Health & Environments Biosolids Regulation found at ,SC... .....{Deleted: 1002-64,for a minimum of two years. _. --- Deleted:fDeleted:) b. Waiving of notice and posting requirements may occur for up to two consecutive years. In no case shall a Biosolids permit be renewed for three consecutive years without following all of the notice and posting requirements in 14_7-140 of this Article. C. The duties of the Board of Public Health for considering a renewal of a biosolids permit shall be the same as outlined in Section 14-7-150 of this Article., - - Deleted:(Weld County Code Ordinance 2005-) Division 3 Enforcement Sec.14-7-210.Violations. The County,through its Board of Public Health,Public Health Officer,Department of Public ---.{Formatted:Font:Times Hew Roman Health and Environment or other departments so authorized may enforce the provisions of this Article and the terms,requirements and conditions of an approved biosolids permit through methods included in this Code or through other methods adopted by resolution or ordinance by the Board of County Commissioners. Failure to abide by such terms,requirements and conditions may result in a revocation of the biosolids permit., - Deleted:(Weld County Code Ordinance 2005-6) Esther Gesick From: Douglas Rademacher Sent: Thursday, November 06, 2008 5:09 PM To: William Garcia; Bruce Barker; Bill Jerke; Rob Masden; Dave Long; Trevor Jiricek Cc: Esther Gesick Subject: RE: Suggested Change to Biosolids Regs. I agree. Doug Original Message From: William Garcia Sent: Thursday, November 06, 2008 10:20 AM To: Bruce Barker; Bill Jerke; Rob Masden; Dave Long; Douglas Rademacher; Trevor Jiricek Cc: Esther Gesick Subject: RE: Suggested Change to Biosolids Regs. Sounds good. Bill Garcia Original Message From: Bruce Barker Sent: Monday, November 03, 2008 5:10 PM To: Bill Jerke; Rob Masden; Dave Long; Douglas Rademacher; William Garcia; Trevor Jiricek Cc: Esther Gesick Subject: Suggested Change to Biosolids Regs. The Board will have a 3rd reading of the biosolids regs on November 10th. Trevor suggests making it so that there be a renewal process much like what we do with liquor licenses. In essence, there will be a full-blown application procedure for the initial permit, then a simple renewal unless there are violations or substantial changes to the operation. Makes sense. See the attached, which is what you all approved on 2nd reading with Trevor's suggested changes highlighted or described in the right margin. Let Trevor and me know if this is OK. We think it follows what was discussed at the work session, ie. , making the procedures as simple as possible. Bruce. amarr 1 C 1 2 , pRAFT II-Nov 2008 .---{Deleted:DRIFT .,,'{Deleted:9 • eleted:Oct 8 Division 2 Biosolids Regulations Sec.14-7-110.Intent and applicability of biosolids regulations. A. The intent of the biosolids permit procedure is to ensure that the quality of material applied on land in the County for beneficial uses is applied in a manner which will protect and promote the health,safety and general welfare of the present and future residents of the County. B.A biosolids permit shall be required for the application of biosolids in the unincorporated areas of the County. C. Any contiguous parcels which are owned by the same individual or group of individuals may - {eleted:, be permitted in one (1) biosolids permit. There shall be a minimum fee for up to one hundred Deleted:up to six hundred folly(640) sixty(160)acres,with the fee for each additional acre pro rata. acres, D.The County may require more intensive sampling where multiple crops are grown. E. Sites and facilities that have been issued a certificate of designation in accordance Section 30- 20-101, Colorado Revised Statutes, as amended, from the Board of County Commissioners are exempted from the provisions of this Section. F. Any person filing an application for a biosolids permit shall comply with the County procedures and regulations in this Article. G. Applications for a biosolids permit shall be completed as set forth in Section 14-7-130 of this Article. The completed application and application fee shall be submitted to the Department of Public Health and Environment. H. A biosolids permit shall be for a period of one(1) year and is renewable for additional one- year periods only by grant of the Board of Public Health. The permit shall be considered for renewal upon submittal ten (1, days prior to the expiration date of the permit.Any expansion or .--{Deleted:sixty enlargement of the area for which the biosolids permit is issued shall require a new application -{Deleted:60 under the provisions of this Section., ------- Deleted:The applicant shall be entitled I.The Board of County Commissioners hereby delegates the authority to review,issue and revoke to twenty-one(21)days'notice prior to biosolids permits to the Board of Public Health,the Public Health Officer and the Department of any hearing at which the Board of Public Health may refuse to renew any portion Public Health and Environment,as set forth in this Article. of the permit. Sec. 14-7-120.Operating standards for biosolids permit. An applicant for a biosolids permit shall comply with all of the terms and conditions set forth in the permit, with the statements and representations made in the applicant's application materials submitted pursuant to Section 14-7-130 of this Article Sec.14-7-130.Application requirements for biosolids permit. The purpose of the application for a biosolids permit is to give the applicant an opportunity to demonstrate, through written and graphic information, how the proposal complies with the standards of this Chapter.The following supporting documents shall be submitted as a part of the application: A. The following general information shall be on a form provided by the Department of Public Health and Environment: 1.The name,address and telephone number of the biosolids transporter and applicator. 2. The name and address of the property owners,for the proposed biosolids permit if different ----{Deleted: proposed from above. 3.A legal description of the property where the biosolids are to be applied. 4.The total acreage of the property under consideration. 5.Existing land use of the property under consideration. 6.Existing land uses of all properties adjacent to the property under consideration. 7.Present zone and overlay zones,if appropriate. 8. Signatures of the transporter,applicator and property owners or their authorized legal agent. 9. The name, mailing address and phone number of any irrigation ditch company with irrigation ditches on the parcel under consideration for a biosolids permit. B. Evidence that demonstrates the use will be in compliance with the Colorado Department of Public Health and Environment Biosolids Regulations 5 C.C.R. 1002-64. C. A letter of intent to apply biosolids that includes all information mandated in the Colorado Department of Public Health and Environment Biosolids Regulation found at 5 CCR 1002-64. D. A written statement outlining an alternate biosolids management plan. This shall include the name and address of the generator,the name and address of any contractor and, if applicable, the name and address of the user. E. A written statement demonstrating the applicant's ability to apply biosolids either by direct injection or surface application with immediate incorporation into the soil. If the applicant does not plan immediate incorporation, a written statement shall be submitted demonstrating why it is not feasible and necessary for reasons of remoteness,nature of the biosolids,characteristics of the soil or type of crop. F. A written statement demonstrating that the applicant has alternate methods of disposal available during cold weather months when injection or incorporation is not possible. Surface application on frozen ground shall be allowed only if specifically requested in the application. G.A written statement demonstrating that the applicant can and will off-load a minimum of sixty (60)feet from County roads. J. A written statement that the applicant is aware that if excessive heavy truck hauling of _- .. Formatted:Font:(Default)limes biosolids causes dust problems to the adjacent property owners, the applicant shall be New Roman required to provide an adequate dust suppressant (potable water, calcium chloride or magnesium chloride) for approximately 300' at each affected residence. Determination of application shall be designated by the Weld County Public Works Department based on complaints, average daily traffic counts, and the increase of heavy truck hauling associated with this operation. J. A written statement demonstrating that the applicant has reviewed the maps made available by the Weld County Public Works Department and is aware of the county roads and restricted bridges that should be avoided by truck traffic K.A written statement demonstrating that at no time will an application site have an odor reading of greater than a seven-to-one(7:1)dilution/threshold as measured according to Regulation#2 of the Colorado Air Quality Control Regulations. L. A written statement demonstrating that the applicant has the ability to prevent, control and abate spillage. M. A written statement demonstrating that the applicant can and will handle, store and apply biosolids in a manner that controls fugitive dust, blowing debris, odor and other potential nuisance conditions. N. A written statement demonstrating how the proposed use will be compatible with the existing surrounding land uses. O. A written statement demonstrating how the proposed use will be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as projected by Chapter 22 of this Code or the adopted master plans of affected municipalities. P. A written statement demonstrating how adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County will be maintained. Q.A map that shows and complies with the following requirements: 1.The minimum size of the map shall be eight(8)inches by eleven(11)inches. 2.The scale shall be a suitable scale allowing for legible reading. 3.Section,township and range. 4.North arrow. 5.Outline of the perimeter of the property under consideration. 6.The location and names of all roads abutting the property under consideration. 7. The location and name of any water features or irrigation ditches within the perimeter of the property under consideration. 8.All existing structures on the property under consideration. 9.The location of all occupied dwellings and other occupied structures within a 500 feet radius of the property under consideration R. Any additional information as may be required by the Department of Public Health and Environment or Board of Public Health in order to determine that the application meets the requirements of this Chapter. S.The minimum number of copies required for processing the application shall be five(5)unless the application is submitted electronically,and then one(1)copy is required. T. A certified list of the names, addresses and corresponding parcel identification numbers assigned by the County Assessor to the owners of property of the surface estate within five hundred(500) feet of the property subject to the application. The source of such list shall be the records of the County Assessor,or an ownership update from a title abstract company or attorney derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor,the applicant shall certify that such list was assembled within thirty(30)days of the application submission date. Sec. 14-7-140.Duties of Department of Public Health and Environment for biosolids permit. A. The Department of Public Health and Environment shall be responsible for processing all applications for biosolids permits in the unincorporated areas of the County. It shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below. Substantial compliance with the notice and referral procedures in this Section of the Code shall be deemed sufficient, so long as there are no material departures from the procedures which would deprive a citizen of due process. B. Upon determination that the application submittal is complete, the Department of Public Health and Environment shall: 1. Set a Board of Public Health hearing date not more than sixty (60) days after the complete application has been submitted. 2.Arrange for legal notice of the Board of Public Health hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Department of Public Health and Environment, a second notice may be published in a newspaper which is published in the area in which the biosolids permit is proposed. The date of publication in a newspaper designated by the Board of County Commissioners shall be at least ten(10)days prior to the hearing. 3. Provide a sign for the applicant to post on the property under consideration for a biosolids permit. The sign shall be posted adjacent to and visible from a publicly maintained road right-of- way. In the event that the property under consideration is not adjacent to a publicly maintained road right-of-way, the applicant shall post one (1) sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The sign shall be posted by the applicant, who shall certify that the sign has been posted for the ten (10) days preceding the hearing date. The sign shall show the following information: a.The permit number. b.The date and place of public hearing. c. The location and phone number of the public office where additional information may be obtained. d.The applicant's name. e.The size of the parcel of land. f.The type of request. 4. Refer the application to the following agencies, when applicable, for their review and comment. The agencies named shall respond within fourteen (14) days after the mailing of the application by the County.The failure of any agency to respond within fourteen(14)days may be deemed to be a favorable response to the County. The reviews and comments solicited by the County are intended to provide the County with information about the proposed biosolids permit. The Department of Public Health and Environment may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations to the County. a.The planning commission or governing body of any municipality and county whose boundaries are within a three-mile radius of the parcel under consideration for a biosolids permit. b.The planning commission or governing body of any city or town that has included the parcel in its master planning area. c.The Department of Planning Services. d.The Department of Public Works. e. Any irrigation ditch company with facilities on the parcel under consideration for a biosolids permit. f Any other agencies or individuals whose review the Department of Public Health and Environment may deem necessary. 5. Prepare a staff recommendation for use by the Board of Public Health addressing all aspects of the application, its conformance with the standards contained in this Chapter and comments received from agencies to which the proposal was referred. 6. Give notice of the permit application and the public hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first class,not less than ten(10)days before the scheduled public hearing. Sec.14-7-150.Duties of Board of Public Health for issuance of biosolids permit. A. The Board of Public Health shall hold a public hearing to consider the application and shall either issue or deny all or any portion of the biosolids permit. In making a decision on the proposed biosolids permit, the Board of Public Health shall consider the recommendation of the Department of Public Health and Environment, facts presented at the public hearing and the information contained in the official record, which includes the case file of the Department of Public Health and Environment. The Board of Public Health shall approve all or any portion of the biosolids permit unless it finds that the applicant has not met one(1)or more of the standards or conditions of Paragraphs 1 through 10 below. The applicant has the burden of proof to show that the standards and conditions of Paragraphs 1 through 10 below are met. The applicant shall demonstrate: 1. That the use will be in compliance with the Colorado Department of Public Health and Environment Biosolids Regulations found at 5 C.C.R. 1002-64. 2. That the biosolids will be applied either by direct injection or surface application with immediate incorporation into the soil. The Board of Public Health may grant a permit where, if immediate incorporation is not planned, the Board of Public Health is satisfied that it is not feasible and necessary for reasons of remoteness, nature of the biosolids, characteristics of the soil or type of crop. 3.That alternate sites are available during cold weather months when injection or incorporation is not possible. Surface application on frozen ground shall be allowed only if specifically requested in the application. 4.That a minimum of sixty(60)feet from County roads will be maintained when off-loading. 5. That at no time shall an application site have an odor reading of greater than a seven-to-one (7:1) dilution/threshold as measured in accordance with Regulation #2 of the Colorado Air Quality Control Regulations. 6.That the ability to prevent,control and abate spillage of biosolids shall be maintained. 7. That the methods of handling, storage and application of the biosolids shall control fugitive dust,blowing debris,odor and other potential nuisance conditions. 8.That the use will be compatible with the existing surrounding land uses. 9. That the use will be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as projected by Chapter 22 of this Code or the adopted master plans of affected municipalities. 10. That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. B. Where reasonable methods or techniques are available to mitigate any negative impacts which could be generated by the approval of the biosolids permit upon the surrounding area, the Board of Public Health may condition the decision to approve all or any portion of the permit upon implementation of such methods or techniques and may require sufficient performance guarantees to be posted with the County to guarantee such implementation. Deleted:The duties of the Department C. Upon the Board of Public Health making its decision on the biosolids permit, a record of such : of Public Health and Environment for action and a copy of the permit shall be kept in the files of the Department of Public Health and i processing abiosolids permit renewal Environment office and a copy sent to the Clerk to the Board's office. shall 1b40 he same Article.s c .iExc in Section ha j 14-7-140 of this Except that: ¶ D. If the Board of Public Health determines that the applicant has not met the standards or 1I conditions of Paragraphs A.l through A.10 above and denies all or any portion of a biosolids i I. Upon the request of the penrriaee,the notice and posting requirements permit, the applicant may request, within thirty (30) days of the Board of Public Health's described in Section 14-7-140.B.2,B.3., decision, to appear before the Board of County Commissioners in a public hearing. The ' B.4.,and B.6.of this Article,may be Department of Public Health and Environment shall schedule the hearing before the Board of - waivedwhena biosolids permit is p considered for renewal based upon the County Commissioners using the notice requirements of Paragraphs 14-7-140.B.2 and B.3 above, remoteness,nature of the biosolids, and notifying anyone who testified at the Board of Public Health's hearing. The Board of County characteristics the soil,type of crop, Commissioners will consider the application and determine if the applicant has met the standards enforcement actions and pr pp PP wmments or complaints¶ior public or conditions of Paragraphs A.1 through A.10 above. The Board of County Commissioners may I a. For consideration of waiving the reverse,affirm or modify the Board of Public Health's decision. notice and posting requirements of renewal permit,there should be no violations for the site under Sec.14-7-160.Permit renewal application for a biosolids permit. consideration,of the Weld County Code A. The following information shall be submitted as apart of any renewal application to renew all or the Colorado Department of Public PP Health&Environments Biosolids or any portion of a biosolids permit: Regulation found at 5CCR 1002-64,for: 1.A renewal application form as provided by the Department of Public Health and Environment. I minimum of two years.¶ b.2. An explanation of any changes that are requested or that have occurred since the issuance of ! re Waiving s may notice ocancur rp up to pq requirements may occur for up to two the biosolids permit. i consecutive years. In no case shall a B. The Department of Public Health and Environment shall be responsible for processing all Biosolids permit be renewed for three P consecutive years without following all c applications for the renewal of biosolids permits in the unincorporated areas of the County., the notice and posting requirements in C. At the discretion of the Weld County Health Officer,forsites where violations of the Weld 14-7-140 of this Article. County Code or the Colorado Department of Public Health and Environments Biosolids --I Deleted: and Regulation (5 CCR 1002-641,have been documented in the most recent 12 months, or where _____{Deleted:, substantial changes are reported, the applicant shall be required submit an application that meets ---{Deleted:renewal all the requirements of a new application as defined in Section 14-7-130. D Biosolids permits that have not been renewed for a period of 12 months will be considered abandoned. E�The duties of the Board of Public Health for considering a renewal of a biosolids permit shall _----{Deleted:c. be the same as outlined in Section 14-7-150 of this Article. Division 3 Enforcement Sec. 14-7-210.Violations. The County,through its Board of Public Health,Public Health Officer,Department of Public Health and Environment or other departments so authorized may enforce the provisions of this Article and the terms,requirements and conditions of an approved biosolids permit through methods included in this Code or through other methods adopted by resolution or ordinance by the Board of County Commissioners. Failure to abide by such terms,requirements and conditions may result in a revocation of the biosolids permit. ScLf - . r Esther Gesick From: Trevor Jiricek Sent: Monday, November 10, 2008 3:55 PM To: Esther Gesick Cc: Bruce Barker Subject: Biosolids modification.... Esther, Spoke with Bruce. He thought doing a clerks note would be OK. . . .This is Section 14-7-110.H. Heres the current language (need to delete orange) : "A biosolids permit shall be for a period of one (1) year and is renewable for additional one-year periods only by grant of the Board of Public Health. The permit shall be considered for renewal upon submittal ten (10) days prior to the expiration date of the permit. Any expansion Needs to be like this (need to add purple) : "A biosolids permit shall be for a period of one (1) year and is renewable for additional one-year periods only by grant of the Board of Public Health. The permit shall be considered for renewal upon submittal ten (10) days prior to the scheduled Board of Public Health hearing. Any expansion I hope this makes sense Trevor Jiricek, M.A. Director, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave Greeley, Colorado 80631 970-304-6415, ext. 2214 (office) 970-304-6411 (fax) EXHIBIT D , 1 "+adz1 .-/$ Hello