The URL can be used to link to this page

Browse Search

Home My WebLink About20051972.tiff decd ,a 7-fl -06 WELD COUNTY CODE ORDINANCE 2005-6 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, AND CHAPTER 23 ZONING, 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 requirement therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado,that Chapter 14,Article VI, Domestic Septage, and Article VII, Biosolids, of the Weld County Code be, and hereby are, added, as attached hereto. BE IT FURTHER 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, revised as follows. Delete Chapter 23, Division 6, Domestic Sewage Sludge Regulations, in its entirety: 23-4-450 Intent and applicability 23-4-460 Application requirements for permit 23-4-470 Duties of Department of Public Health and Environment 23-4-480 Duties of Board of Health 23-4-490 Permit renewal application 23-4-500 Violations Delete Chapter 23, Division 7, Domestic Septic Sludge Regulations, in its entirety: 23-4-550 Intent and applicability 23-4-560 Operating standards 23-4-570 Application requirements for permit 23-4-580 Duties of Department of Public Health and Environment 23-4-590 Duties of Board of Health 23-4-600 Permit renewal application 23-4-610 Violations 2005-1972 PAGE 1 ORD2005-6 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 2005-6 was, on motion duly made and seconded, adopted by the following vote on the 1st day of August, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: EXCUSED William H. Jerke, Chair Weld County Clerk to the Board M. J. Geile, Pro-Tem BY: Deputy Clerk to the Board EXCUSED David E. Long APPROVED AS TO FORM: Robert D. Masden County Attorney Glenn Vaad Publication: June 1, 2005 First Reading: June 15, 2005 Publication: June 29, 2005, in the Fort Lupton Press Second Reading: July 11, 2005 Publication: July 20, 2005, in the Fort Lupton Press Final Reading: August 1, 2005 Publication: August 10, 2005, in the Fort Lupton Press Effective: August 15, 2005 2005-1972 PAGE 2 ORD2005-6 CHAPTER 14 HEALTH AND ANIMALS ARTICLE VI Domestic Septage Division 1 Definitions Sec. 14-6-10. Definitions. Adjacent When used to indicate land in the immediate vicinity of a lot, means land which shares a boundary line with the lot in question or which would share a boundary line were it not for the separation caused by a street or alley. Agronomic rate: The rate of application of nitrogen to plants that is necessary to satisfy the plants'nutritional requirements,accounting for any applicable nitrogen credits,as published in the most current guidance by the Colorado State University Cooperative Extension,and such that the amount of nitrogen which passes below the root zone of the crop to groundwater is minimized. County: The County of Weld, a home rule county in the State of Colorado. Development: The placement, construction, erection, reconstruction, movement and/or alteration of buildings and/or other structures, the placement of paved areas, drainage improvements or alterations on the historic flow of drainage patterns or amounts, and the placement of lighting and/or other appurtenances related to any and all uses. Domestic septage: Liquid or solid material removed from a septic tank,cesspool, portable toilet, Type Ill marine sanitation device, or similar treatment works that receives only domestic sewage. Domestic septage does not include liquid or solid material removed from a septic tank, cesspool, or similar treatment works that receives either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a restaurant. Dwelling multi-family: A building containing four(4)or more dwelling units other than mobile homes or manufactured homes arranged,designed and intended to be occupied by four(4) or more living units. Dwelling, single family(single family dwelling): A dwelling unit or manufactured home other than a mobile home arranged,designed and intended to be occupied by not more than one (1) living unit. The projected view of any exterior wall of a dwelling unit or manufactured home shall not be less than twenty (20) feet. Dwelling,three-family/triplex: A building containing three(3)dwelling units other than mobile homes or manufactured homes arranged, designed, and intended to be occupied by not more than three (3) living units. Dwelling, two-family/duplex: A building containing two(2)dwelling units other than mobile homes or manufactured homes, arranged, designed, and intended to be occupied by not more than two (2) living units. 2005-1972 PAGE 3 ORD2005-6 Master plan: A document or series of documents prepared and adopted according to state law which sets forth policies for the future of a municipality. Neighborhood: When used in the Regulations in reference to a particular lot, the word neighborhood is intended to describe in a general way the land area which is in the vicinity of the lot in question and which will be affected to a greater extent than other land areas in the county by uses which exist on the lot or are proposed for it. a neighborhood always includes lots which are adjacent to the lot under consideration and,depending upon the land use in question, may include more remote areas as well. Non-public contact sites: Sites that are not frequently visited by the public. This includes, but is not limited to, agricultural land,forests and reclamation sites located in unpopulated areas (e.g., a strip mine located in a rural area). Structure:(This definition applies only to structure when used in the A-P(Airport) Overlay District defined in Chapter 23 of this Code). An object constructed or installed by man, including but not limited to buildings,towers, smoke stacks, overhead transmission lines, signs, drill rigs and cranes. Suitable soil: A soil which will effectively filter effluent by removal of organisms and suspended solids before the effluent reaches any highly permeable earth such as joints in bedrock, gravel, or very coarse soils and which has percolation rates slower than five (5) minutes per inch and has a vertical thickness of at least five (5)feet beneath the plow line of the site and the top of the high groundwater table. Use: Any purpose for which a structure or a tract of land may be designed, arranged, intended,maintained or occupied;also any activity,occupation,business or operation which is carried on in or on a structure or on a tract of land. Division 2 Domestic Septage Regulations Sec. 14-6-100. Intent and applicability of domestic septage regulations. A. The intent of the domestic septage 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 domestic septage permit shall be required for the application of domestic septage in the unincorporated areas of the County. C. Any contiguous parcel(s), up to six hundred forty(640)acres,which are owned by the same individual or group of individuals may be permitted one (1) domestic septage permit. The required evaluations and analysis results shall be submitted 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 sampling where multiple crops are grown. 2005-1972 PAGE 4 ORD2005-6 D. Domestic septage disposal sites and facilities that have been issued a Certificate of Designation from the Board of County Commissioners are exempted from the provisions of this section of the Code. E. Any person filing an application fora domestic septage permit shall comply with the County procedures and regulations in this Article. F. Applications for a domestic septage permit shall be completed as set forth in Sections 14-6-120 of this Code. The completed application and application fee shall be submitted to the Weld County Department of Public Health and Environment. G. A domestic septage permit shall be for a period of one(1)year,and is renewable for additional one (1) 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 domestic septage permit is issued shall require a new application under the provisions of this section of the Code. 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. H. The Board of County Commissioners hereby delegates the authority to review,issue and revoke domestic septage permits to the Board of Public Health, the Public Health Officer and the Weld County Department of Public Health and Environment, as set forth in this Article. Sec. 14-6-110. Operating standards for domestic septage permit. Prior to incorporation of the domestic septage into the soil, an applicant for a domestic septage permit shall demonstrate conformance with the EPA 40 CFR Part 503 Rule for land application of domestic septage to non-public contact sites and with the following operation standards. The applicant shall continue to meet these standards if the domestic septage permit is approved, including all of the terms and conditions set forth in the permit. A. Domestic septage must meet one of three conditions in order to meet the requirements for pathogen destruction and vector attraction reduction. 1. The domestic septage must be subsurface injected. 2. The domestic septage must be surface applied and incorporated into the soil within six (6) hours of application. 3. The pH of the domestic septage must be raised to twelve (12)or higher by alkali addition and, without the addition of more alkali, shall remain at twelve(12)or higher for 30 minutes. It is recommended that all applications of domestic septage be incorporated into the soil. B. Domestic septage shall not be applied on saturated soil during precipitation events. C. No domestic septage shall be applied in a quantity which would result in the domestic septage running off the application site identified in the domestic septage permit. 2005-1972 PAGE 5 ORD2005-6 D. No domestic septage shall be applied to frozen or snow covered land. E. No domestic septage shall be applied in a manner which results in ponding of the septage, overloading a portion of the field with nutrients, or be allowed to collect in low areas and road ditches and create a nuisance condition. F. A domestic septage application site shall not be irrigated within twenty-four (24) hours after domestic septage application has taken place. G. No domestic septage shall be applied to land which is currently receiving biosolids from a wastewater treatment plant, has received such material within the previous eighteen (18) months, or is permitted for such use under this section of the code. H. Food crops with harvested parts that touch the septage/soil mixture and are totally above the land surface shall not be harvested for fourteen (14) months after application of domestic septage. Food crops with harvested parts below the surface of the land shall not be harvested for thirty-eight (38) months after application of domestic septage. J. Animal feed, fiber, and those food crops that do not touch the soil surface shall not be harvested for thirty (30) days after application of domestic septage. K. Animals shall not be grazed on the land for thirty(30) days after the application of domestic septage. L. Turf grown on the land where domestic septage is applied shall not be harvested for one year after application of the domestic septage when the harvested turf is placed on either land with a high potential for public exposure or a lawn. M. Domestic septage shall only be applied on land with a low potential for public exposure. Access shall be restricted for thirty (30) days after the application of domestic septage. N. Domestic septage shall be applied uniformly by either subsurface injection or surface application. If applied on the surface, a deflector must be used on the discharge tube of the vehicle to sufficiently and evenly spread the domestic septage. O. Domestic septage applied on the surface shall be incorporated into the soil within six (6) hours of application, with exception to lime stabilized domestic septage. P. Annual domestic septage application rates shall not exceed twenty-five thousand (25,000) gallons per acre, per year. Q. No domestic septage shall be applied: 1. Within a minimum of five hundred (500) feet of a residence, business or recreational area. 2. Within a minimum of fifty(50)feet of the property line of the application site. 2005-1972 PAGE 6 ORD2005-6 3. Without the depth of the annual high groundwater level having been established as greater than five (5) feet in depth. 4. Within five hundred (500)feet of the wellhead of a well supplying water for human consumption. 5. Within one hundred (100) feet of the wellhead of any water well. 6. On land located up gradient, and within one (1) mile of the point at which surface waters are diverted for use in a public water system. 7. Within the boundaries of a 100-year floodplain. 8. On land within three hundred (300) feet of any body of surface water. 9. On land within fifty (50) feet of a dry streambed. 10. With pollutant levels in excess of the following maximum septage pollutant concentration limits contained in Table 14.1, below: Table 14.1 Maximum Septage Pollutant Concentration Limits Pollutant Mg/kg, dry weight basis Arsenic 41.0 Cadmium 39.0 Copper 1,500.0 Lead 300.0 Mercury 17.0 Molybdenum Nickel 420.0 Selenium 100.0 Zinc 2,800.0 11. On land having a trace element level that equals or exceeds the following maximum cumulative standards contained in Table 14.2, below: 2005-1972 PAGE 7 ORD2005-6 Table 14.2 Maximum Cumulative Soil Standards (Mg/kg) Pollutant Mg/kg Arsenic 20.0 Cadmium 2.0 Copper 60.0 Lead 150.0 Mercury 1.0 Molybdenum 4.0 Nickel 25.0 Selenium 5.0 Zinc 125.0 R. Soil sampling shall be conducted prior to septage application and on a once per application basis thereafter. Sampling conducted subsequent to the initial application event shall occur after completion of the cropping cycle, i.e., after harvest, but prior to any additional application. S. Soil samples shall be analyzed for pH, nitrate as N, phosphorus, and those metals described in Table 14.2, above. T. The owner or operator of record of the property for land application of domestic septage shall be responsible for maintaining the following records: 1. A record of all persons or entities transporting and applying domestic septage to the site. 2. Daily records to show all loads received and applied at the site. 3. Transporter log records and invoice records maintained by the operator on site which shall contain, at a minimum, the following information: a. Name of licensed septic cleaner pumping the system. b. Name, address and location of septic system serviced. c. Date and time of servicing. d. Type of system and description of all wastes pumped. e. Gallons collected. f. Application location. 2005-1972 PAGE 8 ORD2005-6 g. Date and time of application. 4. All records shall be kept on file and available for inspection fora period of four (4)years from the point in time when the first application occurs at the site. 5. All persons transporting domestic septage in the County shall be licensed as a septic cleaner. U. All domestic septage applied at permitted sites shall be analyzed using a method approved by the Weld County Department of Public Health and Environment,for the following parameters: pH, nitrate as N, phosphorus, potassium, sodium, arsenic, cadmium, copper, lead, mercury, molybdenum, nickel, selenium, and zinc. Composite samples of domestic septage from different septic tanks may be tested to determine the character of the sludge. Composite samples shall be taken in a manner that provides for a good representation of all domestic septage included. V. All foreign and non-organic objects must be screened from the domestic septage prior to land application. Sec. 14-6-120. Application requirements for a domestic septage permit. The purpose of the application for a domestic septage permit is to give the applicant an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of these Regulations.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. Name,address and telephone number of the domestic septage transporter and applicator. 2. Name and address of the property owners proposed for the domestic septage permit if different from above. 3. A legal description of the property where the domestic septage is to be applied. 4. 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. 2005-1972 PAGE 9 ORD2005-6 9. The name, mailing address, and phone number of any irrigation ditch company with irrigation ditches on the parcel under consideration for a domestic septage permit. B. Hydrologic data pertaining to the site, including: 1. The location and depth of all wells within one(1)mile,depth to water,water use, yield and an evaluation of impact of the proposed application on the groundwater. 2. Location of all lakes,rivers,streams,springs and bogs within one(1)mile of the site. 3. The depth to the annual high groundwater table. 4. The location of any mapped 100-year floodplain on the proposed site. 5. The location of any public water system well, intake or diversion facility located within one (1) mile of the proposed site. C. Soils data pertaining to the site including: 1. Soils classification of each field as mapped or described by the U.S. Department of Agriculture, Soil Conservation Service, or equivalent. 2. Soil test data, including the parameters of Section 14-6-110.S. The Department may require more intensive sampling where multiple crops are grown. 3. Soil test data demonstrating that five (5)feet of suitable soil will exist at all sludge application sites between the plowline and the top of the high groundwater table. 4. The proposed application rate of the domestic septage at the site. Evidence shall be submitted that demonstrates that any domestic septage application will be conducted at the agronomic rate of the proposed crop or crops. The determination of the agronomic rate shall consider historic crop yields at the proposed site and reasonable,realistic crop yield goals. In no case shall the application rate exceed twenty-five thousand (25,000)gallons per acre per year. 5. The types of crops to be grown on the land and the number of acres of each crop. D. An operation and management plan for the site, including: 1. Methods of domestic septage application and incorporation. 2. Any provisions for storage of domestic septage at the site, including type of storage and spill containment and clean-up procedures. 2005-1972 PAGE 10 ORD2005-6 3. Types and use of all crops grown on the site during and for eighteen (18) months after cessation of domestic septage application. 4. A schedule of domestic septage application,harvesting and fallowing of crop lands. E. Irrigation methods and schedule for the site. F. The number of gallons of domestic septage to be applied per acre. G. Results of piezometric tube monitoring, test bores or other groundwater level monitoring results verifying the annual high groundwater level at the minimum depth which occurs on the site. H. Results of test bores or other results verifying the minimum depth to bedrock which occurs on the site. Alternate septage disposal plans,the name and address of the site, the name and address of any operator, and a copy of the contract. J. A written statement demonstrating the applicant's ability to apply domestic septage either by direct injection or surface application with immediate incorporation into the soil. K. A written statement demonstrating that the applicant has alternate methods of disposal available during cold weather months when injection or incorporation is not possible. L. A written statement demonstrating that the applicant can and will off-load a minimum of sixty (60) feet from County roads. M. 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. N. A written statement demonstrating that the applicant has the ability to prevent, control and abate spillage. O. A written statement demonstrating that the applicant can and will handle,store and apply domestic septage in a manner that controls fugitive dust,blowing debris,odor and other potential nuisance conditions. P. A written statement demonstrating how the proposed use will be compatible with the existing surrounding land uses. Q. 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. 2005-1972 PAGE 11 ORD2005-6 R. 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. S. 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 and proposed structures on the property under consideration. 9. The location of all occupied dwellings and other occupied structures within a one-mile radius of the property under consideration. T. A description of the method used to screen the domestic septage. U. 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 these Regulations. V. 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. W. A certified list of the names,addresses and the 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 from 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. 2005-1972 PAGE 12 ORD2005-6 Sec. 14-6-130. Duties of Weld County Department of Public Health and Environment for issuance of a domestic septage permit. A. The Weld County Department of Public Health and Environment shall be responsible for processing all applications for domestic septage 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 Weld County 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 domestic septage 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 domestic septage permit. The sign shall be posted adjacent to, and visible from,a publicly maintained road right-of-way. In the event 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. Permit number. b. Date and place of public hearing. c. Location and phone number of the public office where additional information may be obtained. d. Applicant's name. e. Size of parcel of land. f. 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 2005-1972 PAGE 13 ORD2005-6 (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 domestic septage permit. The Weld County 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 domestic septage permit. b. The planning commission or governing body of any city or town that has included the parcel in its master planning area. c. Department of Planning Services. d. Department of Public Works. e. Any irrigation ditch company with facilities on the parcel under consideration for a domestic septage 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 these Regulations 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. 14-6-140. Duties of Board of Public Health for issuance of a domestic septage 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 domestic septage permit. In making a decision on the proposed domestic septage 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 domestic septage permit, unless it finds that the applicant has not met one (1) or more of the standards or conditions of Paragraphs 1 through 9,below. The applicant has the burden of proof to show that the standards and conditions of Paragraphs 1 through 9, below, are met. The applicant shall demonstrate: 2005-1972 PAGE 14 ORD2005-6 1. That the septage will be applied either by direct injection or surface application with immediate incorporation into the soil. 2. That alternate methods of disposal are available during cold weather months when injection or incorporation are not possible. 3. That a minimum of sixty(60)feet from County roads will be maintained when off-loading. 4. That at no time shall an application site have an odor reading of greater than a seven-to-one (7:1) dilution/threshold according to Regulation #2 of the Colorado Air Quality Control Regulations. 5. That the ability to prevent, control and abate spillage of domestic septage shall be maintained. 6. That the methods of handling, storage and application of the domestic septage shall control fugitive dust, blowing debris, odor and other potential nuisance conditions. 7. That the use will be compatible with the existing surrounding land uses. 8. 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. 9. 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 domestic septage 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 domestic septage 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 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.9,above,and denies all or any portion of a domestic septage 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 Section 14-6-130.B.2 and B.3, above, and notify 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 2005-1972 PAGE 15 ORD2005-6 the standards or conditions of Paragraphs A.1 through A.9, above. The Board of County Commissioners may reverse, affirm or modify the Board of Public Health's decision. Sec. 14-6-150. Permit renewal application for a domestic septage permit. A. The purpose of the renewal application for a domestic septage permit is to give the applicant an opportunity to demonstrate, through written and graphic information, how the renewal complies with the standards of these Regulations. The following information shall be submitted as a part of the renewal application to renew all or any portion of a domestic septage permit: 1. A renewal application form as provided by the Weld County Department of Public Health and Environment. 2. An explanation of any changes that are requested or that have occurred since the issuance of the domestic septage permit. 3. All other domestic septage permit renewal requirements shall be the same as outlined in Section 14-6-120 of this Code. B. The Weld County Department of Public Health and Environment shall be responsible for processing all applications for the renewal of domestic septage permits in the unincorporated areas of the County. The duties of said Department for processing a domestic septage permit renewal shall be the same as outlined in Section 14-6- 130 of this Code. At the discretion of said Department upon the request of the permittee, the notice and posting requirements on all or any portion of the permit may be waived when a domestic septage permit is considered for renewal based upon the remoteness, nature of the domestic septage, characteristics of the soil, type of crop, enforcement actions and prior public comments or complaints. C. The duties of the Board of Public Health for considering a renewal of a domestic septage permit shall be the same as outlined in Section 14-6-140 of this Code. Division 3 Enforcement Sec. 14-6-200. 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 domestic septage 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 domestic septage permit. 2005-1972 PAGE 16 ORD2005-6 ARTICLE VII Biosolids Division 1 Definitions Sec. 14-7-10. Definitions. Adjacent: When used to indicate land in the immediate vicinity of a lot, means land which shares a boundary line with the lot in question, or which would share a boundary line were it not for the separation caused by a street or alley. Biosolids: The accumulated treated residual product resulting from a domestic wastewater treatment works. Biosolids does not include grit or screenings from a wastewater treatment works, commercial or industrial sludges(regardless of whether the sludges are combined with domestic sewage), sludge generated during treatment of drinking water, or domestic or industrial septage. County The County of Weld, a home rule county in the State of Colorado. Development: The placement, construction, erection, reconstruction, movement and/or alteration of buildings and/or other structures, the placement of paved areas, drainage improvements or alterations on the historic flow of drainage patterns or amounts, and the placement of lighting and/or other appurtenances related to any and all uses. Dwellingmulti-family: A building containing four(4)or more dwelling units other than mobile homes or manufactured homes arranged,designed and intended to be occupied by four(4) or more living units. Dwelling,single family(single family dwelling): A dwelling unit or manufactured home other than a mobile home arranged,designed and intended to be occupied by not more than one (1) living unit. The projected view of any exterior wall of a dwelling unit or manufactured home shall not be less than twenty (20) feet. Dwelling, three-family/triplex: A building containing three(3)dwelling units other than mobile homes or manufactured homes arranged, designed, and intended to be occupied by not more than three (3) living units. Dwelling, two-family/duplex: A building containing two(2)dwelling units other than mobile homes or manufactured homes, arranged, designed, and intended to be occupied by not more than two (2) living units. Master plan: A document or series of documents prepared and adopted according to state law which sets forth policies for the future of a municipality. Neighborhood: When used in these Regulations in reference to a particular lot, the word neighborhood is intended to describe,in a general way,the land area which is in the vicinity of the lot in question, and which will be affected to a greater extent than other land areas in the county by uses which exist on the lot or are proposed for it. A neighborhood always includes lots which are adjacent to the lot under consideration and,depending upon the land use in question, may include more remote areas as well. 2005-1972 PAGE 17 ORD2005-6 Structure:(This definition applies only to structure when used in the A-P (Airport) Overlay District). An object constructed or installed by man, including, but not limited to, buildings, towers, smoke stacks, overhead transmission lines, signs, drill rigs and cranes. Use: Any purpose for which a structure or a tract of land may be designed, arranged, intended,maintained or occupied;also any activity,occupation,business or operation which is carried on in or on a structure or on a tract of land. Division 2 Biosolids Regulations Sec. 14-7-100. 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 parcel(s), 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. The required evaluations and analysis results shall be submitted for each one hundred sixty(160)acres or fraction thereof. There shall be a minimum fee for up to 160 acres with the fee for each additional acre pro rata. The County may require more intensive sampling where multiple crops are grown. D. Sites and facilities that have been issued a Certificate of Designation from the Board of County Commissioners are exempted from the provisions of this Section of the Code. E. Any person filing an application for a biosolids permit shall comply with the County procedures and regulations in this Article. F. Applications for a biosolids permit shall be completed as set forth in Section 14-7-120 of this Code. The completed application and application fee shall be submitted to the Weld County Department of Public Health and Environment. G. A biosolids permit shall be for a period of one (1) year, and is renewable for additional one (1) 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 of the Code. 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. H. 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, 2005-1972 PAGE 18 ORD2005-6 and the Weld County Department of Public Health and Environment,as set forth in this Article. Sec. 14-7-110. Operating standards for a biosolids permit. An applicant fora 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 14-7-120 of this Code. Sec. 14-7-120. Application requirements for a 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 these Regulations. 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. Name, address and telephone number of the biosolids transporter and applicator. 2. 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. 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 CCR 1002- 64, 2003. C. A letter of intent to apply biosolids that includes the following information: 1. The types of crops to be grown on the land and the number of acres of each crop. 2005-1972 PAGE 19 ORD2005-6 2. Evidence that the biosolids comply with the criteria for metals based classification of biosolids as defined in Table 1 and Table 3 of the Colorado Department of Public Health and Environment Biosolids Regulation 5 CCR 1002-64. 3. Evidence showing that the biosolids meet the stability criteria established by the Colorado Department of Public Health and Environment Biosolids Regulation 5 CCR 1002-64.12(C). 4. Results of piezometric tube monitoring,test bores or other groundwater level monitoring results verifying the annual high groundwater level at the minimum depth which occurs on the site. 5. 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 address of the generator, the name and address of any contractor and, if applicable, the name and address of the user. 7. A screening analysis of the biosolids as specified in Colorado Department of Public Health and Environment Biosolids Regulation,5 CCR 1002-64.16. 8. A soil analysis of the site. The soil analysis shall also include those constituents specified in the Colorado Department of Public Health and Environment Biosolids Regulation, 5 CCR 1002-64.16. D. 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 demonstrating why it is not feasible and necessary for reasons of remoteness, nature of the biosolids, characteristics of the soil or type of crop shall be submitted. 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 and authorized in the permit. F. A written statement demonstrating that the applicant can and will off-load a minimum of sixty (60) feet from County roads. 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. H. A written statement demonstrating that the applicant has the ability to prevent, control and abate spillage. A written statement demonstrating that the applicant can and will handle, store and apply of biosolids in a manner that controls fugitive dust, blowing debris, odor and other potential nuisance conditions. 2005-1972 PAGE 20 ORD2005-6 J. 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. L. 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. M. 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 and proposed structures on the property under consideration. 9. The location of all occupied dwellings and other occupied structures within a one-mile 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 these Regulations. O. 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 the 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 from 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 2005-1972 PAGE 21 ORD2005-6 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. 14-7-130. Duties of Weld County Department of Public Health and Environment for biosolids permit. A. The Weld County 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 Weld County 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 fora biosolids permit. The sign shall be posted adjacent to,and visible from, a publicly maintained road right-of-way. In the event 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. Permit number. b. Date and place of public hearing. c. Location and phone number of the public office where additional information may be obtained. d. Applicant's name. e. Size of parcel of land. f. Type of request. 2005-1972 PAGE 22 ORD2005-6 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 Weld County 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 goveming 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. Department of Planning Services. d. 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 these Regulations 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. 14-7-140. Duties of Board of Public Health for issuance of a 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 Weld County 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 Weld County 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 2005-1972 PAGE 23 ORD2005-6 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, 5 CCR 1002-64, 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 in the application and authorized in the permit. 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. 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 Weld County 2005-1972 PAGE 24 ORD2005-6 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 Weld County Department of Public Health and Environment shall schedule the hearing before the Board of County Commissioners using the notice requirements of Section 14-7-130.6.2 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. Sec. 14-7-150. Permit renewal application for a biosolids permit. A. The purpose of the renewal application for a biosolids permit is to give the applicant an opportunity to demonstrate, through written and graphic information, how the renewal complies with the standards of these Regulations. The following information shall be submitted as a part of the renewal application to renew all or any portion of a biosolids permit: 1. A renewal application form as provided by the Weld County Department of Public Health and Environment. 2. An explanation of any changes that are requested or that have occurred since the issuance of the biosolids permit. 3. All other biosolids permit renewal requirements shall be the same as outlined in Sections 14-7-120 of this Code. B. The Weld County 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 said Department for processing a biosolids permit renewal shall be the same as outlined in Section 14-7-130 of this Code. At the discretion of said Department, upon the request of the permittee, the notice and posting requirements on all or any portion of the permit 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. 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 14-7-140 of this Code. 2005-1972 PAGE 25 ORD2005-6 Division 3 Enforcement Sec. 14-7-200. 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. 2005-1972 PAGE 26 ORD2005-6 Hello