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Recorded at fit�t clock _..AL.°EC 2 2 1980
BOOK 184 915 iA {-
923 Rec. No. r.�� fµ",�t'�^'`1P'mtare ,
ORDINANCE NO 60-A �'
State of Colorado, Weld County Clerk Cr Recorder
IN THE MATTER OF THE REPEAL AND RE-ENACTMENT WITH AMENDMENTS OF
ORDINANCE NO. 60 REGARDING FEES FOR THE TESTING OF DRINKING WATER AND
POLLUTANT DISCHARGES PERFORMED BY THE WELD COUNTY HEALTH DEPART-
MENT.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD
W COUNTY, COLORADO:
WHEREAS, pursuant to the requirements of certain portions
of the Safe Drinking Water Act, as amended, (P. L. 93-523) codi-
fied at 42 U. S.C. § 300, Subchapter XII, Section 25-1-107 (1) (x)
and (2) , C.R. S. 1973 , as amended, and Federal and State Regula-
r;
tions promulgated under those Statutes , Class 1 Public Water
Systems, hereinafter , "Suppliers" , are required to perform cer-
tain sampling and analysis of their drinking water , and
WHEREAS, pursuant to the requirements of certain portions
of the Water Pollution Control Act Amendments of 1973 , (P .L.
92-500) and the Clean Water Act of 1977 , (P. L. 95-297) codi-
fied at 33 U.S.C. §S 1311-1345, and the Colorado Water Quality
Control Act as amended, at 25-8-101 , et seq. , and Federal and
State Regulations promulgated under those Acts, persons holding
permits to discharge pollutants to State waters, hereinafter,
"Permittees" , are required to perform certain sampling and
analysis of said discharges to State waters , and
WHEREAS, Weld County Health Department possesses equipment
and expertise required to perform the required sampling and
analysis , and
WHEREAS, the Board has determined that when the Weld County
Health Department performs sampling and laboratory testing of
drinking water and pollutant discharges fees should be charged
in order to meet the costs of such sampling and testing.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Com-
missioners of Weld County, Colorado that Ordinance No. 60 is
hereby repealed.
BE IT FURTHER ORDAINED by the Board of County Commissioners
of Weld County, Colorado that when requested by Suppliers to sample
and/or test drinking water and pollutant discharges the Weld
County Health Department shall perform such services and charge
such fees as are authorized herein or established pursuant hereto .
9509e4
800 923
1844915
BE IT FURTHER ORDAINED by the Board of County Commissioners
of Weld County, Colorado that the following procedures and sched-
ules are adopted for the sampling and testing of drinking water
• and pollutant discharges by the Weld County Health Department:
SECTION I - TESTING OF DRINKING WATER
(A) SCOPE
This Section shall apply to all sampling and analysis per-
formed by Weld County Health Department for the benefit of
Class 1 Public Water Systems, as defined at 5 C.C.R. 1003-1,
Section 14. 2. 2 (17) (a) , 'and including both non-community
water systems and community water systems .
(B) OBLIGATIONS OF THE WELD COUNTY HEALTH DEPARTMENT
Weld County Health Department shall provide the following
services to the Supplier :
1. Sampling - Weld County Health Department shall collect
such microbiological samples of drinking water from
the subject system according to the quantity, frequency
and methods required by applicable State Regulations
found at 5 C.C.R. 1003-1, Section 18. 1. 1 . and in accor-
dance with the terms of a written agreement executed
between the Supplier and the Board of County Commis-
sioners of Weld County. Weld County Health Department
shall be responsible for the determination of what
regulations are applicable to the Supplier' s system.
2. Analysis - Weld County Health Department shall analyze
such samples by the methods required by applicable
State Regulations found at 5 C.C.R. 1003-1, Section
18. 1. 1.
3. Reporting - Weld County Health Department shall report
the results of its analysis to the Supplier in order
that the Supplier may make such public notifications
and may keep such records as are required by appli-
cable State or Federal regulations. Weld County Health
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1844915
G-3
Department shall also report its results to the Colo-
rado Department of Health in conformance with that
Department 's requirements.
(C) OBLIGATIONS OF THE SUPPLIER
1. Public Notice - The Supplier shall retain all respon-
sibility for any notice to the public required by
applicable State or Federal regulations of a failure
to meet safe drinking water standards or a variance
from such standards .
2. Records - The Supplier shall retain responsibility for
the maintenance of records required by State or Federal
regulations. Weld County Health Department will pro-
vide to the Supplier complete copies of sampling
analysis reports made by the Weld County Health Depart-
ment pursuant to this Ordinance.
(D) FEE
The fee charged by the Weld County Health Department for
the sampling and analysis of public drinking water systems
pursuant to this Ordinance shall be established by separate
Ordinance of the Weld County Board of County Commissioners.
SECTION II - SAMPLING AND ANALYSIS OF POLLUTANT DISCHARGES
(A) SCOPE
This Section shall apply to all sampling and analysis per-
formed by Weld County Health Department for the benefit of
Permittees pursuant to State Regulations found at 5. C.C.R.
1002-2, Section 6 .1. 0, et seq. , and 5 C.C. R. 1002-3 , Sec-
tion 10 . 1. 0, et seq.
(B) OBLIGATIONS OF THE WELD COUNTY HEALTH DEPARTMENT
Weld County Health Department shall provide the following
services to the Permittee:
1. Sampling - Weld County Health Department shall collect
samples of pollutant discharges from the Permittee ' s
point of discharge according to the quantity, frequency,
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BOOK 923
1844915
G
and methods required by applicable State regulations,
found at 5 C.C. R. 1002-2 , appendices to Section 6, and
5 C.C.R. 1002-3 , Section 10. 1. 4 and Section 10. 1 . 5,
and in accordance with the terms of the permit. How-
ever, the quantity and frequency of collections of such
samples shall not exceed the quantity and frequency
of collections specified in a written agreement executed
between the Weld County Board of County Commissioners
and the Permittee. Weld County Health Department shall
be responsible for the determination of what regula-
tions are applicable to Permittee' s system.
2. Analysis - Weld County Health Department shall analyze
such samples by the methods required by applicable
State regulations found at 5 C.C.R. 1002-3 , Section
10. 1. 4 and Section 10. 1. 5. Weld County Health Depart-
ment shall perform only those individual tests (as
listed in Section II. (D) 2. of this Ordinance) which
are specified in a written agreement executed between
the Permittee and the Board of County Commissioners
of Weld County.
3. Reporting - Weld County Health Department shall report
the results of its sampling and analysis to the Per-
mittee in order that the Permittee may make such
notifications and keep such records as are required
by applicable State regulations or the permit. Weld
County Health Department shall also report its results
to the Colorado Department of Health in conformance
with that department' s requirements.
(C) OBLIGATIONS OF THE PERMITTEE OF THE PERMIT
1. Records - The Permittee retains responsibility for the
maintenance of records required by State or Federal
regulations or the permit. Weld County Health Depart-
ment will provide to the Permittee complete copies of
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923 1844915
6S"
sampling and analysis reports made by the Weld County
Health Department pursuant to this Ordinance.
(D) FEES
1. Sampling - The fee for the collection of any sample
or samples shall be established by separate Ordinance
of the Weld County Board of County Commissioners.
2 . Analysis - The fees for each individual test performed
per sample shall be established by separate Ordinance
of the Weld County Board of County Commissioners.
SECTION III - AGREEMENTS
(A) The provisions of this Ordinance shall be carried out by
means of agreements executed between the Board of County
Commissioners of Weld County and the Suppliers of public
drinking water or the Permittees for the discharge of
pollutants.
(B) Either party may cancel the agreements by giving notice of
their intent to cancel at least thirty (30) days before the
intended termination date of said agreement. Upon giving
of such notice, the agreement shall remain in effect until
the termination date.
SECTION IV - FURTHER OBLIGATIONS OF THE
WELD COUNTY HEALTH DEPARTMENT
The Weld County Health Department shall review the notices
and records required by State or Federal law to be submitted by
Suppliers and Permittees, located within Weld County, to the
Colorado Department of Health in order to advise the Colorado
Department of Health of possible violations of State and Federal
drinking water and water pollution laws. This review shall apply
to all Suppliers and Permittees , as defined in this Ordinance,
located within Weld County including those not receiving ser-
vices pursuant to this Ordinance.
SECTION V - EFFECTIVE DATE
Pursuant to Section 3-14 (6) of the Weld County Home Rule
Charter, the Board of County Commissioners finds and hereby
declares this Ordinance to be an Emergency Ordinance and that
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923
.s 4_s 4a s
its immediate passage is necessary to the preservation and pro-
tection of the public health, property and safety, and that
time is of the essence for the effective date of this Ordinance.
This Ordinance shall take effect upon passage by the Board of
County Commissioners of Weld County, Colorado.
SECTION VI - VALIDITY OF ORDINANCE
If any section, subsection, paragraph, sentence, clause,
or phrase of this Ordinance is for any reason held or decided
to be invalid or unconstitutional, such decision shall not
affect the validity of the remaining portions. The Board of
County Commissioners hereby declares that it would have passed
this Ordinance and 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 and
invalid.
The above and foregoing Ordinance No 60-A was, on motion
duly made and seconded, adopted by the following vote on the
17Lh day of December, A.D. , 1980.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
C. W. Kirby, Chairman
ABSENT
eonard L. Roe, Pro-Tem
Norman Carlson'}
i
Lyd.i` Dunbar
ATTEST: f _'‘ `n,' t.:.1.artei aline K. Steinfiakk
-Weld County Clerk and Recorder fret
, nlerk to the/$p�rd
BY'—/ ?4,,,, W A.�.`V ( /,..f Xe'�'`
Deputy Cowl Clerk
C*O7�@ P O AS TO FORM:
County Attorney
DATE PRESENTED: DECEMBER 22 , 1980
DATE PUBLISHED: DECEMBER 24 , 1980
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Weld County Health Depart-
PUBLIC NOTICE. ment
shall
services to allP
provide Supplier:
following
ORDINANCE NO.00-A 1. Sampling Weld County
E R OF Health Department shall collect
IN P , •- RE-ENA such microbiological samples of
MEN'1' AMENDME drinking water from the subject
WO NO. system according to the.Rnquanti-
R ty, frequency and methods
6 required by applicable State
^PO U DISSAWZ. Regulations found at 6 C.C.R.
BY WEE 1006-1, Section 18.1.1. and in
ALTH DEP accordance with the terms of a AFFIDAVIT OF PUBLICATION
written agreement executed
between the Supplier and the
tAtD D O Board of County Commissioners
•�O i �W of Weld County. Weld County,
ARO I e bF ID CO Health Department shall be THE JOHNSTOWN BREEZE
CD p->1 s r; responsible for the determine-
lion of what regulations are STATE OF COLORADO ) SS
ant to the applicable to the Supplier's
Mho ' certain rtioY system.
Water Act, COUNTY OF WELD 1
coy- 2. Analysis — Weld County
nit b: Section 900, Health Department shall I, Clyde Briggs, do solemnly swear that I
.107ehayter jail. Section 98.1- analyze such samples by me
(1) x and( C.R.S.1 1 ted s4tho mqu Re ds 1 applicable
as le am publisher of The Johnstown Breeze;
Sas tate Regulations romulga a C.C.R. 1 11, Section 18.1.1. that the same is a weekly newspaper
Un�dder those g5y4atteu�tiees, Class 1 s. Reporting Weld County printed, in whole or in part, and published
Public Water -"aff ,%_ii 11af• Health Department shall report
,tsl',^auppuen reed6ttoo me recite of its analysis to the in the County of Weld, State of Colorado,
atesis Mahn ed i ng and Supplier in order that the and has a general circulation therein; that
Bea Ifs of their n water, Supplier may make such public
a as may keep said newspaper has been published
records as are required b
"WHEREAS, pursuant to the applicable State or Federal continuously and uninterruptedly in said
requirements of certain portions regulations.Weld County Health
of the Water Pollution Conyp1 Department Shall also report its - County of Weld for a period of more than
hot Amendments of 107a Act results to me Colorado Depart fifty-two consecutive weeks prior to the
fd•8M)and the Clean Water eAct ment of Health in nit's requir first publication of the annexed legal notice
ot 1 (Pec ions 13 codified a;t with that Department's requir�
as U.S.C.Sections 1 11-1648,and meats. or advertisement; that said newspaper has
Contthe Colorado Water Quality at
8-101, Act et se q.,and Federal and SUpn R OBLIGATIONS OF THE been admitted to the United States mails as
State Regulations promulgated second-class matter under the provisions of
ing¢permits rs to di harggee oold- 1. Public Notice n — The the Act of March 3, 1879, or any
onto o tate waters,lier'eieinaf- ibilltyy for pplier s al any notice,to tithe
ter,"Permittees;"are required ublic required by applicable amendments thereof, and that said
Yo perform certain sampling and Mate or Federal regulations of a
analysis of said discharges to failure
standards meet safe drinking newspaper is a weekly newspaper duly
state waters, and ce
from such standards. qualified for publishing legal notices and
WHEREAS, Weld county advertisements within the meaning of the
Health Department possesses 2. Records — The Supplier
equipment and expertise re- shall retain responsibility for laws of the State of Colorado.
aired to perform he required the maintenance of records
e exed tice r ise-
sa
mpling and analysis, and required n will provide
row ?earth mentd That thwasnnublishedalinothe regularrtand
WHEREAS, the Board has Department will provi a to the p
determined that when the Weld Supplier complete copies of entire issue of every number of said weekly
County Health Department per- sampling analysis reporfa made
forms sampling and laboratory
by l ldpur matt to Health newspaper for the period of consecu-
4ding of drinkfive insertions; and that the first
you t discharges oriel to meet the ordinance. publication of said notice was in the issue of
1�e charged�g such samplingand (D) FEE said newspaper dated Dc.c:2`)A.D. 1950
The fee charge by the Weld.
NOpW THEREFORE BE IT County Health Department for and that the last publication of said notice
OFtbAICounty _THEREFORE,
by the Board of the sampling and analysis of
County Commissioners of Weld public drinking water systems was in the issue of said newspaper dated
County, Colorado that Orden- pursuant to this Ordinance shall , A.D. 19
nose o.801ahereby repealed. be Ordinance ebWeladeCounty In witness whereof I have hereunto set
BE IT FURTHER Board of County Commission- my hand this ..3/ day of ..Pc... ,
BE IT FURTHER OR- ere.
RAINED by me Board of County ON II — A.D. 19.t
Commissioners olrado that whenWeld requested AND�ANALYSIS OFFMPOLLC-
by Suppliers to sample and-or TANT DISCHARGES
'text drinking water and pollu-
tantr ,�
discharges the Weld vaulty (A) SCOPE
Health Department shall per- r- Publisher
term such services and charge This Section shall apply to an
such fees are authorized purni sampling Weld and County Health
herein or established lsu�'4u Department for the benefit of
Hereto' Permittees pursuant to S44
BE IT FURTHER OR Regulations ound at s. o.C.R' Subscribed and sworn to before me, a
ED by me ooWeld duty,nty 1002-2 Sectl2-,Sec et 10.1.0. d Notary Public in and for the County of
ratio that
of Weld County, 8C.C.Yi.1002-8,Section 10.1.0,el
credo that the following seq.
dares and schedules are Weld„State of Colorado, this ...;„./.. day of
ppied for the sampling and (B) OBLIGATIONS OF THE ,
Ling of drinking water and. WELD COUNTY HEALTH ev A.D. 19 �C�..
utani discharges by the Weld DEPARTMENT
ty Health Department: Weld County Health Depart- [/� .�
SECTION 1-TEST%%OF went shall provide the following .1 // .t, ,, , �q�.,7l (Q„Q.l„
DRINKING WATER services to the Permutes: X i..S!.L. tV-/�1 Notary Public.
(A) SCOPE 1. Sampling — Weld Count/
Health De ament Shall collect
This Section shall a to all samples of pollutant discharges
Penned by and Weld aCoun ealth- from
harg e Paccording point
tthe /�' /- '-
1 Put for
the fit
sterna quantity,
nd tit,,anal frequency,
,congas sampling
My commission expires
sectndefined+2.2(17)la), and ment the eld pursuant to this OOpi
rt-
including both non-community ance.
water systems and community (D) FEES
water systems.
I,fg�.TIE 1., mptin —The fee for the
W ""'AE"A111•H collet ion on any sample_ or
DEPARTMENT samples shall be established by
separate Ordinance of the Weld SECTION V VALIDITY OF
County Board of County Comis- ORDINANCE
sioners.
4. Analysis — The fees for If any section,cee,subsection,
or
each individual test performed paragraph,
of this Ordinance is for
9e�Ye<sample°aaera OeOrrdinance established
invalid or unconst held itutloal,to such
bh
weld County Board of County decision shall not affect theCommissioners. validity of the remaining por-
SECI'IONID—AGREEMENTS tions. The Board of County
Commissioners hereby declares
(A) The provisions of this that it would have passed this
Ordinance shall be carried pus Ordinance and each and every
by means of agreements exe- section,sentence, clause, paragraph,
fed between the Board of clause, and nhra
tided between the Board of thereof,lrrespectkve of the fact
nty Commissioners of Weld any rreepectYve more the .
Ed
and the Suppliers of that one or seraph,
aa►ac drinking water or the subsections,tences, clauses pataRraase,
Psgmltteee for-the discharge of might be dellre to bepuunneat
tants. . stifutional and invalid.
foregoing
(B)aaa rEitherpearrty may cancel -Ordinance vNoe60 A , n
geein seat to cancel at]easel motion duly made and seconded,
tt1h111rttt adopted by the following vote on
y (80) days before the the 17th day of December,A.D.,
intended termination date of 1880,
said agreement.Upon giving of
such notice,the agreement BOARD OrCOUNTY
main in effect until e It
tanunanon date. c M_NaS
W
CPION IV-FURTHER RADt$
OaIGATIONS OF THE WELD ,
COUNTY HEALTH C.W.KlrbyCtialrinan
DEPARTMENT Absent
/pt�aTT�haeeetmWMeild County Health I'e°°Ma�rdrvNorman Carlson
a Junekunark
submitted
ubP bmi teed by
Suppliers
W ederal law to be
d ATTEST:
Mty ryCl Annn reteth
County to(he Colorado Deadvise or and Recorder and .
meat of Health in order to Clerk to the Board
the Colorado Department of
Hatt of an d ible violations of By: Jeannette Ordway
Federal drinking Deputy gaudy clerk.
water and water pollution laws.
This review shaapplyee as _ APPROVED AS TO FORM:
Suppliers and Permute
defined in this Ordinance, Thomas O. David is
located within Weld County County Attorney
Including those not receiving
services pursuant to this Ordin- DATE PRESENTED:DECEM-
once. ISM D. 19
SECTION V—EEFFECTIVE mom Y 11: DEC-
EMBER 24,,1980.1880
Pursuant to Section 8-14(6)of BreezeDATE ,
Publis in the Johnstown
the Weld County Home Rule Co Legal 80.847-Clerk to Board
Charter, the Board of County
Commissioners finds an - - - ---
hereby declares this Ordinance
to be an Emergency Ordinance
and that its immediate passage
is necessary to the preservation
and protection of the public
health,property and safety and
that time is of the essence for the
effective date of this Ordinance.rd
This SA Eean y the re ,effect
BoardWeld
of
County, Co o.
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