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Home My WebLink About20082973.tiff 060 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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be,and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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 which are owned by the same individual or group of individuals may be permitted in one (1) biosolids permit. There shall be a minimum fee for up to one hundred sixty(160)acres,with the fee for each additional acre pro rata. 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 with Section 30-20-101, Colorado Revised Statutes, as amended, from the Board of County Commissioners are exempted from the provisions of this Section. 11111111111111111111111111111 III 1111111 III 11111 IIII IIII 3593060 12/04/2008 12:34P Weld County, CO 1 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2008-2973 PAGE 1 ORD2008-15 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 (10)days prior to the scheduled Board of Public Health hearing. 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 Board of County Commissioners hereby delegates the authority to review, issue and revoke biosolids permits to the Board of Public Health, the Public Health Officer and the Department of Public Health and Environment, as set forth in this Article. 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. 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 from above. 3 thru 9 - 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. 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 C.C.R. 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 11111111111111111111111111111 III 1111111111 11111 2008-2973 3593060 12/04/2008 12:34P Weld County, CO DAGE 2 ORD2008-15 2 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. H. 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'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. 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. J. 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. K. A written statement demonstrating that the applicant has the ability to prevent, control and abate spillage. L. 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. M. Awritten statement demonstrating how the proposed use will be compatible with the a existing surrounding land uses. - 0 a ccc N. A written statement demonstrating how the proposed use will be compatible with the Mi= Y future development of the surrounding area as permitted by the existing zone and - d with future development as projected by Chapter 22 of this Code or the adopted �� o master plans of affected municipalities. a 3 O. A written statement demonstrating how adequate provision for the protection of the a a 0 health,safety and welfare of the inhabitants of the neighborhood and the County will �y be maintained. - o P. A map that shows and complies with the following requirements: aoo -N 1 thru 7 - No change. a 8. All existing structures on the roe under consideration. a ccmimm property�Y "to 2008-2973 a in; PAGE 3 ORD2008-15 9. The location of all occupied dwellings and other occupied structures within a 500-foot radius of the property under consideration. 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 requirements of this Chapter. R. 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. S. 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, 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 o Health and Environment Biosolids Regulations found at 5 C.C.R. 1002-64. - g � d 2 - No change. °' 3. That alternate sites are available during cold weather months when injection �$0 or incorporation is not possible. Surface application on frozen ground shall ice? Iu be allowed only if specifically requested in the application. g v d Remainder of Section - No change. 0 O3 cm o Amend Sec. 14-7-160. Permit renewal application for a biosolids permit. or. o —coo N v A. The following information shall be submitted as a part of any renewal application to =o renew all or any portion of a biosolids permit: cc 1 and 2 - No change. mmo� m 0 2008-2973 ',itPAGE 4 ORD2008-15 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. C. At the discretion of the Weld County Health Officer, for sites where violations of the Weld County Code or the Colorado Department of Public Health and Environments Biosolids Regulation (5 CCR 1002-64) have been documented in the most recent 12 months, or where substantial changes are reported, the applicant shall be required to submit an application that meets all the requirements of a new application as defined in Section 14-7-130. D. 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. 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 [‘.1 1,..,tr z} WELD COUNTY, COLORADO ATTEST: uti '4 "a,� -, / .1—__(„--- 7.--- ass o ssi a . 'William H. Jerke, Chair tv cc Weld County Clerk to th�' •- � EXCUSED �"� ` ' ; •�� (,� Robert D. den, em raj--oZ Deputy Cler to the Board d l Wil m F. Garci �37 APPROVED AS TO FORM: -, CSIM D. �D. �' David E. Long ilditiTh 7�/�Q (C(k42(4/ usa cc AfirCo ty Att rney 4 lig,s fAce/-d-4/ IINIIII a Douglas/ tademac er --c is Is 2008-2973 -1 PAGE 5 ORD2008-15 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 11111111111 111111111111 I I I I I I I 11111111 III 113 11111111 3593060 12/04/2008 12:34P Weld County, CO 6 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2008-2973 PAGE 6 ORD2008-15 Hello