HomeMy WebLinkAbout20052157.tiff WELD COUNTY
'L% 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 forthe 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
1111111111111111311111111113111111111111111111
3313201 08/16/2005 10:51A Weld County, CO
1 of 26 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
2005-2157
PAGE 1 cc;NL 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.
arc\ � / �` BOARD OF COUNTY COMMISSIONERS
` A /j WELD COUNTY,/COLORADO 11111 William H. ke, Chair
`'r, Pin=1� ' s ifty Clerk to the Board
1
%� eile, Pro-Tem
: • Lef-,(4.4_,clev---ere
Deputy Clerk to the Board
id E. Long
"PyROV AS TO FO
Robe Masden
ounty A orney
Glen 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
� 11111111113 1111 1111111III11111liiiIlil
3313201 08/16/2005 10:51A Weld County, CO 2005-2157
2 of 26 R 0.00 D 0.00 Steve Moreno Clerk& RecordeL 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.
IIIIII VIII III') VIII IIIIII VIII IIIIII III VIII IIII IIII 2005-2157
3313201 08/16/2005 10:51A Weld County, CO
ORD2005-6
3 of 26 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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.
MIME 111E 111E 111111111E 111111111111 11111 111111E 2005-2157
3313201 08/16/2005 10:51A Weld County, CO ORD2005-6
4 of 26 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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 for a 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.
111111111111111111111111111111111111111III 11111 IIII IIII 2005-2157
3313201 08/16/2005 10:51A Weld County, CO ORD2005-6
5 of 26 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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.
1 111111 11111 11111 11111 111111 11111 111111 III 11111 1111 1111 2005-2157
3313201 08/16/2005 10:51A Weld County, CO ORD2005-6
6 of 26 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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:
11111111111111111111111111111111111111111111111
11111111111111111111111111111111111111II11111111111111
3313201 08/16/2005 10:51A Weld County, CO
7 of 26 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
2005-2157
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.
HMO 11111 1111 11111 11111111111 111111 III 11111 IIII IIII 2005-2157
3313201 08/16/2005 10:51A Weld County, CO ORD2005-6
8 of 26 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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.
1111111 11111 11111 11111 111111 11111 111111 III 11111 1111 1111
3313201 08/16/2005 10:51A Weld County, CO
9 of 26 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 2005-2157
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.
111111111111111111111111111111111111111III111111III till 2005-2157
3313201 08/16/2005 10:51A Weld County, CO ORD2005-6
10 of 26 R 0.00 l) 0.00 Steve Moreno Clerk& Recorder
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.
1111111 ICH 1111 1111 111111 11111 111111 III 111111 III III'
3313201 08/16/2005 10:51A Weld County, CO 2005-2157
11 of 26 R 0.00 13 0.00 Steve Moreno Clerk & Recorder . . 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.
1111111 11111 11111 OHIO IIIIII III IIIIII III IIII
3313201 08/16/2005 10:51A Weld County, CO
12 of 26 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
2005-2157
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
111111111111111111111111111111111111111III 111111 III IIII 2005-2157
3313201 08/16/2005 10:51A Weld County, CO ORD2005-6
13 of 26 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
(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:
1111111111111111111111 Dill 11111111111III 111111 III IIII 2005-2157
3313201 08/16/2005 10:51A Weld County, CO ORD2005-6
14 of 26 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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
111111111111111111111111111111111111111 111111111111 HI 2005-2157
3313201 08/16/2005 10:51A Weld County, CO 5 ORD2005-6
15 of 26 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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.
11511 11111 11111 11111 111111 11111 111111 III 111111 III Iill
3313201 08/16/2005 10:51A Weld County, CO
16 of 26 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
2 005-21 57
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.
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.
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.
111111111111111111111111111111111111111111MOUE' , 2005-2157
3313201 08/16/2005 10:51A Weld County, CO ORD2005-6
17 of 26 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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,
11111111111111111111111111111111111111111111111 III IIII 2005-2157
3313201 08/16/2005 10:51A Weld County, CO ORD2005-6
18 of 26 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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 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 14-7-120 of this Code.
Sec. 14-7-120. Application requirements fora 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.
IIIIII VIII VIII HIM VIII IIIIII III IIIIII III HI 2005-2157
3313201 08/16/2005 10:51A Weld County, CO ORD2005-6
19 of 26 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
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.
111111111111111111111111111111111111111III 1111111111111 2005-2157
3313201 08/16/2005 10:51A Weld County, CO ORD2005-6
20 of 26 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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
11111111110 1111111111 111111 11111111111 III 111111111 1111 2005-2157
3313201 08/16/2005 10:51A Weld County, CO ORD2005-6
21 of 26 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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 maybe 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 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. Applicants name.
e. Size of parcel of land.
f. Type of request.
1 111111 11111 11111 1111 11111 1111 III 1111111 II 1111 2005-2157
ORD2005-6
3313201 08/16/2005 10:51A Weld County, CO
22 ot 26 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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 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. 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
1411 1111 11111 1111 111E1 111111141111w,1111111 II���� 2005-2157
3313201 08/16/2005 10.51A Weld ou C0 ORD2005-6
23 of 26 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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
111111111111111111111111111111111111111III 1111111111111 2005-2157
3313201 08/16/2005 10:51A Weld County, CO ORD2005-6
24 of 26 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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.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.
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.
111111111111111111111111111111111111111 I I 11111111 111111
3313201 08/16/2005 10:51A Weld County, CO
25 of 26 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2005-2157
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.
R2\11111\1611215110131101:5\
llull llllll 111 lllllll 11llller326 of 26 R 0.00 D Steve Moreno C e
2005-2157
PAGE 26 ORD2005-6
Hello