HomeMy WebLinkAbout840708.tiff AR3962466 ORDINANCE NO. 124
RE: AN ORDINANCE ESTABLISHING A SURCHARGE TO COVER THE ACTUAL
AND NECESSARY COSTS OF LAND, LABOR, EQUIPMENT, AND SERVICES
m O NEEDED IN THE OPERATION OF SOLID WASTES DISPOSAL SITES AND
o U FACILITIES IN WELD COUNTY, COLORADO, USED TO DISPOSE OF
LIQUIDS , SEMI-SOLIDS , AND SOLIDS DISSOLVED IN LIQUIDS.
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P BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD
o a COUNTY, COLORADO:
oo: WHEREAS , the Board of County Commissioners of Weld County,
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Colorado, pursuant to Colorado statute and the Weld County Home
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o a Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS , Weld County, by Weld County Ordinance No. 53 , has
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z previously created a Weld County Solid Waste Disposal Sites and
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Facilities Fund financed by a surcharge on existing solid wastes
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disposal sites and facilities within Weld County, and
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N w WHEREAS, the interpretation of the term "solid waste" has
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°' been clarified by policy of the Waste Management Division of the
w W Colorado Department of Health and by amendment to the Solid
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Wastes Disposal Sites and Facilities Act, definitions section,
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§30-20-101 (6) , CRS , to clearly include liquids, semi-solids, and
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solids dissolved in liquid, with certain exceptions not relevant
herein, and
WHEREAS, Weld County has the authority, under the Solid
Wastes Disposal Sites and Facilities Act, §30-20-101 , to collect
a service charge for the management of solid wastes within the
County, and
WHEREAS , there are a number of facilities within the County
currently receiving liquids, solids dissolved in liquids, or
semi-solids resulting from the drilling and production of oil and
gas within Weld County. These include such products as brine or
production water, "fracing" or "fracturing" gel and drilling mud,
and
WHEREAS, these substances fit within the current definition
and interpretation of "solid wastes" and are subject to collec-
tion of service charges to meet the expense of managing the
disposal of solid wastes within Weld County but have not
heretofore been charged such fees.
840708
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Weld County, Colorado:
Section 1
There is, hereby, established a surcharge in the amount of
five percent (5%) to be added to all fees received by any opera-
tor operating a solid wastes disposal site within Weld County,
Colorado, accepting liquids, semi-solids, or solids dissolved in
liquids. This shall include, but not necessarily be limited to,
those facilities receiving "brine" or "production" water,
"fracing" or fracturing gel or drilling mud generated by the
drilling for and production from oil and gas wells in the area.
Section 2
It shall be the duty of any operator of any solid wastes
disposal site in Weld County, Colorado, accepting liquids,
semi-solids, or solids dissolved in liquids to collect such
surcharge at the time fees are collected and to remit the same to
the Weld County Treasurer on or before the 20th day of the month
following the month in which said surcharge is collected.
Section 3
The surcharge contemplated by this Ordinance shall be
deposited in the Weld County Solid Wastes Disposal Site and
Facility Fund, as created by Weld County Ordinance No. 53 , to be
used for the purposes set forth in said Ordinance and for the
additional purpose of mitigating the effects of illegal disposal
of liquids, solids dissolved in liquids and semi-solids.
Section 4
All operators of solid waste disposal sites in Weld County,
Colorado, accepting liquids, semi-solids, solids dissolved in
liquids, shall make available to the Board of County Commis-
sioners of Weld County, Colorado, or their designated agents, all
books of account of said operator of solid wastes disposal sites
for auditing purposes to ensure compliance by said operators of
solid wastes disposal sites in Weld County, Colorado, with the
provisions of this Ordinance.
B 1026 REC 01962468 04/10/84 15: 30 $0. 00 2/003
F 1258 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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Section 5
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 decisions shall not affect
the validity of the remaining portions. The Board of County
Commissioners of Weld County, Colorado, 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, sub-
sections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
Section 6
This Ordinance shall take effect on June 1 , 1984 .
The above and foregoing Ordinance No. 124 was on motion duly
made and seconded, adopted by the following vote, on the 9th
day of �-A'p�ril n �f , A. D. , 1984 .
ATTEST.: 7 ' IG LZA &A I ii. WELL�DDCOUNT OF Y, CO�LOR/ADTY OSSIONERS
Weld 'E*eunty Clerk and Recorder \/ �t-rte,_ �a-t-ea.e......
and Clerk :tc ' ,the Board— Norman Carlson, Chairman
By: ci1n,,,A j, \ \ . �� a. .
eputy Count erk Jayi -%ane oh. son, Pro-Tem
APP ED S T FO
ene R. Brantner
a County Atto ney O, __tiL✓p.
Clifick Carlson
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n M �e .-t-.
J ain
First Reading - March 5 , 1984
Published in La Salle Leader - March 8 , 1984
Second Reading - March 21 , 1984
Published in La Salle Leader - March 29 , 1984
Final Reading - April 9 , 1984
Published in La Salle Leader - April 12 , 1984
Effective Date: June 1 , 1984
B 1026 REC 01962468 04/10/84 15: 30 $0 . 00 3/003
F 1259 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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Affidavit of Publication
. . - aNAta �lR r!MS
•'AN ORDINANCE NITA[c' Canary Cram a Wave
STAt OF COLORADO. 1, ss• Limon E ,To Colorado. +actarr
County of Weld. I [ T Jtee 4 'wdta•bow yy
/�/n' -' /7 y,,, , ,, .', s leggraggh
pit. 3 ..tatPhresellereat
ow
I % / Like. i of Mt1 aRY arse
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said County et Weld. being duly sworn. say that b
eat n :100.100141Wiallig clews, or
e
I am eublDutter of-Jai";
f SEMI saaNUNleRada r ewNi.
' !!/ GC i�ai"; e,it a._-Lc.) 1N imams. 4/p SECTIONS
EN w that the same is c week) news
EY THE
TWO y paper of general RwO� Y -Oe/tMRq Mall tan effect
cr khan and pri d and, published in the p at Just1, 1504.o -%i COLOA� The above MM NragaM/ OMt-
town of f WNEREAs shiest a agi Moo w. Iboa51a waft MY
in said county and state: that the notice or odver- csieftiorsas wad=. me nd seconded,veto,ON MSS Sr1 day M
moment. of which the annexed is a true copy, ceierege
has been published in said weekly newspaper RRule Isstatute ad Ilie v County . . AprM,.p.0.,I1M.lls.for a consecutive Nfrea a st intellai14 allE got 0r W[COCOh"SOop,AlMIOP
Cottage.plMFade, NTT,COLORADO
weeks: Ihat the smote was published m theONERS
regular and.entire issue of every number of saidWHEREAS, Wild :01.0v,NthS3.
Weld Ce/aty OiWt}desa�yae,Cas�,�Wit(y N�armsaCarieearCMaNsian
newspaper during the ,period and lime of publi. re5Otepega Ceuu t - JacqaNi ejeboro,►ro-Tent
cation of said nonce and in the newspaper flagElletpay"wilitenbid -by le
proper and not in a supplement thereat: gal die suurdlar[p ea eldeling Wild nit Gene R.Erasteer
(fret publication of said nm:n was contained in WWII*Stile and eeI11Nea
Wald Gamy,aid ' theca Carlsonthe issue of said, newspaper mina date the
P-4 grim-.ail WNEU AS.NN Mtr/reteuen el Jain T.M arIM
° /..011,- day cYs"/ ✓ A.D.. 19 the term "solid wastes' has MOW
and the last pubif."ann thereat in th litsue atreillefternOllf
clarified by pat es NN Ns ATTEST:.
WtidaHwUlhandd Coln
s• Wile County Cleric and ReoardK
said newspaper bearing date. the[ day at rat O anal IS t e aed CIarts the Eeard
fT , 194..) that the said amp N IS SSW
Dtepesel Sites mad Peahen re/hil/pe Saws
J ��� d i!ydt CRS, to * ;sops wogs, Dowdy Carty Clerk
HIS YtaN)d4 vq/
—1 WNW,ril eat, eiR.Wlens tie. APPROVED Shv- FORM:
has been published continuously and =interrupt- relevant heroin,astd Thenlinor.DMtile.
Idly during the period of at least fifty-two con
wvtive weeks next prior le the first issue thereof WNEREAR Wali�ft$ lbo>w OMIIity,I,ylrMy .
containing said notice or advertisement above , and Feeltllies A • Dote: June 1, NN
reietred tot; and that said newspaper was at the charrtteesh►,tango�Nriss soniso pest gestalt•-*W''eh S. 'MI,
time of each of the publications of said notice. .vsalee within the ry.and Published In the LaSalle Leader
duly qualified for that purpose within the mean—
ing of an act. entitled "An Act Concerning Legal r facilities Willi" Nis.
Notices. Advertisements aired Publication. and ll9ulllf. •#eedlnq -Myrrh!1, t9N.
currently dissolved 'dissolved r eala(ddlia - Published In the Lasalle Leader
the Fees of Printers and Publishers thereof. and reoatiag' RN WWII ail'/ TgwfdetraiSerch r,IS. -
predeptto Repeal all Acts and Parts of Acts in Conflict Weld ', heile hick*MIMS '
with the Provisions a this Act."approved April pt'ads a' '.brine Or f ak .'Flies Rddf(IE'*AFHl 1. tea• .
Ie ` " ""21, and WI amendments thereat and parh water, mirages" K. Naafi title eu• Published pi I Lasalle Leader
gel drilling/ ra .
fatly as am ap amended by an aproved. March 30. TMdillElsY.'AMl lt,.'Itt.
19 an act approved 19. 1931. WNEREAS,these eaytaadti p••'x
wh rp the current seMnihen sag
tarM'eNNMI of "Mill 'waste" .,
L.Gll,C� end aro..subject a alliance ti's ;.
were ea. z ublisher �:ut
hhaav�wastes
her tat.Wad. city d
Subscribed a/g/� sworn to before me this (!� Cyril; faard WNW chimed
day of�l '/3/7",-/;(47A.D.. I9.� HOW I IEREFORL EE IT
�p9 p p . !aebard of ce.mt,
, l'1 /j L,r/ 7///L"t/l // s W 'WNq.CaNMyt„s.
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Colorado:
•
/f _ 7_ /.4 SECTION 1 —_My commission expires J' There is, hKahy. -N.4+!:�ayd a
Notary Public wtrcharse in the amM'af Rea
ELIZABETH N.,-.„)..-.. perc«itlb%)Silt aa'ddei Maher
Ti2019 W.C.RD. 54 received byHer t,rsNes
a"lid Winn McRdsa slot wlMet
GREp.£f, CO 80631
hut Its lteeeeeeiMT be limned N.
Mime a dMfaeresSagngrlpe"eT
"Srdre-a"VOW, 'grades"dI'.
' 1> hearse/N byy the draft""fr w
preWNtlee tryllseN ad swells In
hutarea. • —
It shall he the duty of any
operator of any Wild wastes de-,
pesafrte in Weld County,Colorado,
manning deselvd he'aedudN of or
Riptide fees
such NMaMme er are
collected sod leroffilfthe same to
the Weld Ceterir reese,r alt K
before the WM Spy dime assElb
following NW WSW w ebbli SW
surcharge is abided.
SECTION 3
The esrelinrM azatempeated by
she Ordinance skill be depedted Is.
We Weld Own* Solid Wastes
MNpanfiiwap edlpy Peed,as
race M WIN COON}Ordnance
No.OLIO he sat fee the teepee.
at WSW sat On"lsacs and ter
Ow Hines 0 Mgt Matiosel el
liquids, Hit, wads dissolved he
liquids end eaaWNids•
>ECTIONe
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