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WELD COUNTY
CODE ORDINANCE 2008-15
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 14
HEALTH AND ANIMALS, 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hereby are, repealed and re-enacted , with amendments, and the various Chapters are revised to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 14
HEALTH AND ANIMALS
ARTICLE VII, BIOSOLIDS
Division 2
Biosolids Regulations
Amend Sec. 14-7-110. Intent and applicability of biosolids regulations.
A and B - No change.
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.
Me requirec eva uations anc ana ysis resu is s-ra be submittec for each one
hundred sixty ( 160) acres or fraction thereof. There shall be a minimum fee for up
to one hundred sixty ( 160) acres, with the fee for each additional acre pro rata . The
County may require more intensive samp ing where multip e crops are grown.
D. The County may require more intensive sampling where multiple crops are grown .
8 : . Sites and facilities that have been issued a certificate of designation in accordance
with Section 30-20- 101 , Colorado Revised Statutes, as amended , from the Board
of County Commissioners are exempted from the provisions of this Section .
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Reletter remaining subparagraphs.
Amend 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 - No change.
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, 2003.
C. A letter of intent to apply biosolids that includes the followingall information:-
mandated in the Colorado Department of Public Health and Environment Biosolids
Regulation, found at 5 C.C. R. 1002-64.
1 . The types of crops to be grown on the land and the number of acres of each
crop.
2. Evidence that the biosolids comply with the criteria for metals-based
e assi'ca:'on 02 b'oso its as cenec in —ab e ' anc —ab e 3 o: :ie Co oraco
Department o- Pub ic ea h anc Environment Bioso ics Regu ation 5 C.C.R.
1002-64.
3. Evidence showing that the biosolids meet the stability criteria established by
tie Co oraco Department o= 'Dub is ea _i anc Environment l3ioso ics
Regulation 5 C.C.R. 1002-64. 12(C).
4. tesu ts o' piezometric tube monitoring, test bores or oaer grouncwater eve
monitoring resu ts verifying tie annua iigi grouncwa:er 'eve at tie
minimum depth which occurs on the site.
3. Results of test bores or other results verifying the minimum depth to bedrock
which occurs on the site.-
6. Alternate biosolids management plans. This shall include the name and
aeeress o' ate generator, tie name anc actress o- any contrac:or anc , i=
applicable, the name and address of the user.
7. A screening analysis of the biosolids as specified in Colorado Department
o- pub ic ea-tn anc Environment Bioso ics -Regu ation 5 C.C. 1. " 002-6t. " 6.
8. A soil analysis of the site. The soil analysis shall also include those
constituents specilec in tie Co oraco Department o" Dub ic ea ti anc
Environment Bioso ics Regu ation 5 C.C. 1. ' 002-64. 6.
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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.
DP. 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.
E . . 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 .
P A written statement demonstrating that the applicant can and will off-load a
minimum of sixty (60) feet from County roads.
H. A map that details the haul route to the proposed land application site. The Weld
County Department of Public Works may identify and require use of alternate haul
routes to avoid any restricted bridges, construction zones, or other factors that
involve public safety. In a timely manner, the applicant will notify the Department
of Public Works of haul route or land application site changes not previously
identified , and coordinate with the County Road Use permit agent on requested
changes.
A written statement that the applicant is aware that, if Weld County roads are
damaged beyond normal wear and tear by the biosolids hauling equipment of the
applicant or the applicants' contractor, the applicant will repair the road damage to
the satisfaction of the Department of Public Works. The Department of Public
Works will be the agency to determine when this is warranted .
J. A written statement that the applicant is aware that, upon notification by Weld
County, the applicant will cease hauling operations, or direct his contractor to cease
hauling operations, until the roads are repaired to the satisfaction of the Department
of Public Works. Hauling operations will not be allowed to resume until the
condition of the road allows heavy hauling without damage being done to the roads.
K. A written statement that the applicant is aware that, if excessive heavy truck hauling
of biosolids causes dust problems to the adjacent property owners, the applicant
shall be required to provide an adequate dust suppressant (potable water, calcium
chloride, or magnesium chloride) for approximately 300 feet at each affected
residence. Determination of application shall be designated by the Weld County
Department of Public Works based on complaints, average daily traffic counts, and
the increase of heavy truck hauling associated with this operation.
G . 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.
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H A written statement demonstrating that the applicant has the ability to prevent,
control and abate spillage.
�N . 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.
A written statement demonstrating how the proposed use will be compatible with the
existing surrounding land uses.
K` ' . 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.
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 .
fb4 A map that shows and complies with the following requirements:
1 thru 7 - No change.
8. All existing and proposed structures on the property under consideration .
9. The location of all occupied dwellings and other occupied structures within
a one-mile500-foot radius of the property under consideration.
N 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.
e . 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 .
P .. 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.
Amend 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,
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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;
2003.
2 - No change.
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 and authorized in
the permit.
Remainder of Section - No change.
Amend Sec. 14-7-160. Permit renewal application for a biosolids permit.
A. Tie purpose of tie renewa app 'cation for a bioso ics permit is to give tie app icant
an opportunity to cemonstrate, through written and grapiic information, low tie
renewal complies with the standards of this Chapter:The following information shall
be submitted as a part of the- renewal application to renew all or any portion of
a biosolids permit:
1 and 2 - No change.
3. A otter bioso ics permit renewa requirements or hat lave occurrec since
the issuance of the biosolids permits.
B. The Department of Public Health and Environment shall be responsible for
processing all applications for the renewal of biosolids permits in the unincorporated
areas of the County. The duties of the Department of Public Health and
Environment for processing a biosolids permit renewal shall be the same as outlined
in Section 14-7-140 of this Article. At the discretion of the Department of Public
ea ti anc Environment, upon tie recuest of tie permittee, tie notice anc posting
requirements on a I or any portion of tie permit may be waivec wian a bioso ics
permit is consicerec for renewa basee upon he remotemness, nature of tie
biosolids, characteristics of the soil, type of crop, enforcement actions, and prior
public comments or complaints. , except that:
1 . Upon the request of the permittee, the notice and posting requirements
described in Section 14-7-140. B.2, B. 3, B.4, and B.6 of this Article, may be
waived when a biosolids permit is 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 .
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a . For consideration of waiving the notice and posting requirements of
a renewal permit, there should be no violations for the site under
consideration of the Weld County Code or the Colorado Department
of Public Health and Environments Biosolids Regulation, found at
5 C. C. R. 1002-64, for a minimum of two years.
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 Section 14-7-140 of this Article.
Remainder of Section - No change.
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 2008-15 was, on motion duly made and
seconded , adopted by the following vote on the 21st day of November, A. D. , 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
William H . Jerke, Chair
Weld County Clerk to the Board
Robert D. Masden , Pro-Tem
BY:
Deputy Clerk to the Board
William F. Garcia
APPROVED AS TO FORM:
David E. Long
County Attorney
Douglas Rademacher
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First Reading : September 29, 2008
Publication : October 10, 2008, in the Greeley Tribune
Second Reading : October 20, 2008
Publication: October 31 , 2008, in the Greeley Tribune
Final Reading : November 10, 2008
Publication : November 21 , 2008, in the Greeley Tribune
Effective: November 26, 2008
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