HomeMy WebLinkAbout891444.tiff AR2197933
ORDINANCE NO. 89-S
ri O
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+0 IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS OF
U CERTAIN SECTIONS, AND THE ADDITION OF CERTAIN SECTIONS TO
a
• ORDINANCE NO. 89 , WELD COUNTY ZONING ORDINANCE, AS CURRENTLY
o 3 AMENDED, REVISING AND ADDING CERTAIN PROCEDURES, TERMS, AND
REQUIREMENTS.
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O• BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, COLORADO:
WHEREAS, the Board of County Commissioners of Weld County,
w Colorado, pursuant to Colorado statute and the Weld County Home
• Rule Charter, is vested with the authority of administering the
a,'a affairs of Weld County, Colorado, and
coo
oz WHEREAS, the Board of County Commissioners has the power and
w authority under the Weld County Home Rule Charter and State
.iF Statute, including Article 28 of Title 30, CRS, to adopt zoning
co• regulations for the unincorporated areas of the County of Weld,
,n• and
M713
• w WHEREAS, the Board of County Commissioners of Weld County,
O1z Colorado, has previously adopted Ordinance No. 89 , Weld County
N< Zoning Ordinance, establishing a comprehensive revision of the
N zoning regulations and zoning maps for unincorporated areas of the
i;)1,1 County of Weld, and has adopted amendments in Ordinance No. 89-A
c4Z through 89-R, and
orn o
w ill
WHEREAS, said Ordinance No. 89, as amended, is in need of
ri 0 revision and clarification with regard to procedures, terms, and
w w requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Weld County, Colorado, that certain existing
sections of said Ordinance No. 89, as amended, are repealed and
re-enacted, with amendments, and that various sections are added
or revised to read as follows:
Add new Sections 31 .2. 22 , 34 .2 .2 .7 , 34 .3 .2 .7, and 34 .4 . 2 .8 to
read:
Disposal of domestic sewage sludge subject to the additional
requirements of Section 48 .
Add a new Section 48 to read:
fl91444
Page 2
ORDINANCE #89-S
m o
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no 48 Domestic Sewage Sludge Regulations
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A 48 . 1 Intent and Applicability
a
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3 48 .1 .1 The intent of the Domestic Sewage Sludge Permit
o x procedure is to ensure that the quality of waste
11- A discharged on land in Weld County for beneficial
uses is applied in a manner which will protect and
u promote the health, safety, convenience, and
.d, P4 general welfare of the present and future residents
M of WELD COUNTY.
48 .1 .2 Commencing April 1 , 1990 , a Domestic Sewage Sludge
A Permit shall be required for the discharge or
m v disposal of domestic sewage sludge in the
2
unincorporated areas of Weld County.
N H
• H 48 .1 .3 Any contiguous parcel, or any number of
~ noncontiguous parcels which are owned by the same
A individual or group of individuals may be permitted
in w under one Domestic Sewage Sludge Permit. However,
cn w the required evaluations, analysis results, and
m z fees shall be submitted for each 160 acres or
N fraction thereof.
0
48 .1 .4 Sludge disposal sites and facilities that have been
issued a Certificate of Designation are exempted
01 .-4 from the provisions of Section 48 of this
Ordinance.
N 01
N O
w 48 . 1.5 Any person filing an application for a Domestic
Sewage Sludge Permit shall comply with the COUNTY
procedures and regulations in this Ordinance.
48. 1 . 6 Applications for a Domestic Sewage Sludge Permit
shall be completed as set forth in Section 48 .2,
Application Requirements. The completed
application and application fee shall be submitted
to the Weld County Environmental Protection
Services.
48 . 1 . 7 A Domestic Sewage Sludge Permit shall be for a
period of one year, and is renewable for one year
periods only by grant of the Weld County Board of
Health. The permit shall be considered for renewal
upon submittal 60 days prior to the expiration date
of the permit. Any expansion or enlargement of the
area for which the Domestic Sewage Sludge Permit is
issued shall require a new application under the
Page 3
ORDINANCE #89-S
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o\ provisions of Section 48 of this Ordinance. The
o applicant shall be entitled to ten days notice
prior to any hearing at which the Board of Health
may refuse to renew any portion of the permit.
a
o *ft
O 48 .1 .8 The Board of County Commissioners hereby delegates
x the authority to review, issue, and revoke Domestic
Sewage Sludge Permits to the Weld County Board of
O Health, the Public Health Officer, and the
u Environmental Protection Services as set forth in
a this Ordinance.
- 65
Lo
48 .2 Application Requirements for a Domestic Sewage Sludge Permit
ac
48 .2 . 1 The purpose of the application is to give the
co
applicant an opportunity to demonstrate through
o z written and graphic information how the proposal
complies with the standards of this Ordinance. The
H following supporting documents shall be submitted
as a part of the application:
• D
m• � 48.2 . 1 . 1 The following general information shall be on a
form provided by the Environmental Protection
cn Z Services:
N
o 48 .2.1 .1 .1 Name, address, and telephone number of the
,)7 sludge generator and applicator;
a4
O1 C11 48 . 2. 1 . 1 .2 Name and address of the fee owners of the
N property proposed for the Domestic Sewage
r+ o Sludge Permit if different from above;
PI w
48.2. 1. 1 . 3 A legal description of the property where the
sludge is to be applied;
48. 2. 1 . 1 . 4 Total acreage of the property under
consideration;
48 .2 . 1 . 1 .5 Existing land USE of the property under
consideration;
48 .2 .1. 1 .6 Existing land USES of all properties ADJACENT
to the property under consideration;
48 .2. 1 .1 .7 Present zone and overlay zones, if
appropriate; and
48.2 .1. 1 .8 Signatures of the generator, applicator, and
fee owners or their authorized legal agent.
Page 4
ORDINANCE #89-S
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48 .2 .1 .2 Evidence that demonstrates that the USE will be in
v o compliance with the Colorado Department of Health ' s
Domestic Sewage Sludge Regulations 5CCR 1003-7,
1986 .
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48 .2 .1 .3 A letter of intent to apply sludge that includes
o x the following information:
x
48 .2 .1 .3 .1 The number of pounds of sludge to be applied
per acre;
48 .2 .1 .3 .2 The types of crops to be grown on the land,
a and the number of acres of each crop;
CA 48 .2 . 1 .3 .3 48 .2 . 1 .3 .3 The grade of the sludge;
co a
o z 48 .2 .1 .3 .4 Evidence showing that the sludge meets the
N H stability criteria established by the Colorado
F Department of Health;
ti co
en 48 .2 .1 .3 .5 Results of piezometric tube monitoring, test
cn bores or other groundwater level monitoring
• 4 results verifying the annual high groundwater
m• z level at the minimum depth which occurs on the
N 04 site;
J+
ef 48 .2 .1 .3 .6 Results of test bores or other results
verifying the minimum depth to bedrock which
m m occurs on the site;
N
0 48 . 2. 1 .3 . 7 Alternate sludge disposal plans, the name and
w w address of the generator, the name and address
of any contractor, a copy of the contract, and
if applicable, the name and address of the
user;
48 . 2 .1 .3 .8 A screening analysis of the sludge; and
48 .2 . 1 .3 .9 A soil analysis of the site.
48 .2 .1 .4 A written statement demonstrating the applicant' s
ability to apply sludge 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 sludge,
characteristics of the soil or type of crop shall
be submitted.
Page 5
ORDINANCE #89-S
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ono 48.2 . 1 .5 A written statement demonstrating that the
u applicant has alternate sites available during cold
weather months when injection or incorporation is
o 1 not possible. Surface application on frozen ground
shall be allowed only if specifically requested in
o x the application and authorized in the permit.
it ry7
48 .2 .1.6 A written statement demonstrating that the
w applicant can and will off-load a minimum of 60
-4z feet from county roads.
M
no
48 .2 .1 . 7 A written statement demonstrating that at no time
will an application site have an odor reading of
greater than 7: 1 dilution/threshold according to
oco U Regulation #2 of the Colorado Air Quality Control
o z Regulations.
N H
+ F 48 .2 . 1 .8 A written statement demonstrating that the
applicant has the ability to prevent, control, and
abate spillage.
o
on mW
48.2.1 .9 A written statement demonstrating that the
z applicant can and will handle, store, and dispose
N of sludge in a manner that controls fugitive dust,
blowing debris , odor and other potential nuisance
z conditions.
o, d 48 .2 .1 .10 A written statement demonstrating how the proposed
d USE will be compatible with the existing
N, o surrounding land uses.
mw
48. 2 .1 . 11 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 the COMPREHENSIVE PLAN of the COUNTY
or the adopted MASTER PLANS of affected
municipalities.
48 .2. 1 . 12 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.
48.2 .1. 13 A map that shows and complies with the following
requirements:
48 .2 .1 .13 .1 The minimum size of the map shall be 18 inches
by 24 inches;
Page 6
m0 ORDINANCE #89-S
0
0 48 .2 .1 .13.2 The scale shall be one inch equals 200 feet or
another suitable scale approved by the
a Environmental Protection Services;
ow
03
c x 48 .2 .1 .13.3 Section, township, and range;
a0
48.2 .1 .13 .4 North arrow;
U
48 .2 .1 .13 .5 Outline of the perimeter of the property under
m consideration;
.. w
48 .2 . 1 . 13 .6 The location and names of all roads abutting
the property under consideration;
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48 .2. 1 .13 . 7 The location and name of any water features or
o z
H irrigation ditches within the perimeter of the
et Elet El property under consideration;
48 .2 . 1 . 13 . 8 All existing and proposed STRUCTURES on the
en property under consideration; and
en s A 7
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rn z 48 .2 .1 .13 .9 The location of all occupied DWELLINGS within
N 4 a one mile radius of the property under
o consideration.
Ua
48 . 2. 1 .14 Any additional information as may be required by
the Environmental Protection Services or Board of
. "'n Health in order to determine that the application
NrA 0 meets the requirements of this Ordinance.
m w 48 .2 .1 . 15 The number of copies required for processing the
application. The exact number of copies shall be
determined by the Environmental Protection
Services.
48.3 Duties of the Environmental Protection Services .
48 .3. 1 The Weld County Environmental Protection Services
shall be responsible for processing all
applications for Domestic Sewage Sludge permits in
the unincorporated areas of Weld 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.
48 .3 .2 Upon determination that the application submittal
is complete, the Environmental Protection Services
shall:
Page 7
ORDINANCE #89-S
en 48 .3.2 .1 Set a Weld County Board of Health hearing date not
aU more than forty-five (45) days after the complete
0
n o application has been submitted.
U
o 48 .3 .2 . 2 Arrange for legal notice of the Board of Health
a hearing to be published in the newspaper designated
o TA
by the Board of County Commissioners for
o x publication of notices. At the discretion of the
A Environmental Protection Services, a second notice
Omay be published in a newspaper which is published
u in the area in which the Domestic Sewage Sludge
al Permit is proposed. Failure to publish the second
M x notice shall not create a jurisdictional defect in
" ° the hearing process. The date of publication shall
m x be at least ten (10) days prior to the hearing.
al
co u 48 .3 .2.3 Provide a sign for the applicant to post on the
property under consideration for a Domestic Sewage
N H Sludge Permit. The sign shall be posted adjacent
F to and visible from a publicly maintained road
m w right-of-way. In the event the property under
al consideration is not adjacent to a publicly
'"' x maintained road right-of-way, the applicant shall
rn w post one sign in the most prominent place on the
m z property and post a second sign at the point at
which the driveway (access drive) intersects a
o publicly maintained road right-of-way. The sign
u a shall be posted by the applicant, who shall certify
T'. that the sign has been posted for the ten (10) days
z
preceding the hearing date. The sign shall show
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✓ ,n the following information:
Na'
.-I O
48 .3 .2 . 3. 1 Domestic Sewage Sludge Permit number;
w w
48 .3.2 .3 .2 Date and place of public hearing;
48 .3 .2 .3 .3 Location and phone number of the public office
where additional information may be obtained;
48 .3.2 .3.4 Applicant' s name;
48 .3 .2 .3 .5 Size of parcel of land; and
48 .3 .2 .3.6 Type of request.
48 .3 .2 .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
Page 8
ORDINANCE #89-S
MO
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COUNTY. The failure of any agency to respond
co within fourteen (14) days may be deemed to be a
U
favorable response to the COUNTY. The reviews and
comments solicited by Weld County are intended to
0 3 provide the COUNTY with information about the
proposed Domestic Sewage Sludge Permit. The
o w Environmental Protection Services may consider all
2 such reviews and comments and may solicit
additional information if such information is
deemed necessary. The reviews and comments
-rr� � submitted by a referral agency are recommendations
to the COUNTY.
rix
48 . 3 . 2.4 . 1 The Planning Commission or Governing Body of
m u any town and county whose boundaries are
within a three (3) mile radius of the parcel
N H under consideration for a Domestic Sewage
Sludge Permit.
HI CI)
48 .3.2 .4 .2 The Planning Commission or Governing Body of
o any city or town that has included the parcel
M
oiw in its MASTER PLANNING area.
r
cm z 48 . 3 .2.4.3 Weld County Department of Planning Services.
48.3 . 2.4 .4 Weld County Department of Engineering
Services.
tr)O1r 48 .3.2 .4 .5 Colorado Department of Health.
N 01
N O
48 .3 . 2.4 . 6 Colorado State Department of Highways.
m w
48 .3 . 2 .4.7 Colorado State Engineer or appropriate water
district or municipality.
48 .3.2.4.8 Any irrigation ditch company with facilities
on or adjacent to the parcel under
consideration for a Domestic Sewage Sludge
Permit.
48 . 3 .2 .4 .9 Any other agencies or individuals whose review
the Environmental Protection Services may deem
necessary.
48 .3 .2 .5 Prepare a staff recommendation for use by the Board
of Health addressing all aspects of the
application, its conformance with the standards
contained in this Ordinance and comments received
from agencies to which the proposal was referred.
Page 9
cr) 0 ORDINANCE #89-S
elo
cn 0 48 . 4 Duties of the Weld County Board of Health.
O
4
0 48 .4 . 1 The Weld County Board of Health shall hold a public
0 hearing to consider the application and shall
o x either issue or deny all or any portion of the
O. 7.1 Domestic Sewage Sludge Permit. In making a
z decision on the proposed Domestic Sewage Sludge
po
Permit, the Board shall consider the recommendation
m
.4. m of the Environmental Protection Services, facts
en presented at the public hearing, and the
o ' information contained in the official record, which
x includes the Environmental Health Protection
x Services' case file. The Board shall approve all
w u or any portion of the Domestic Sewage Sludge Permit
o
unless it finds that the applicant has not met one
z
N H or more of the standards or conditions of Sections
es 48 .4.1 . 1 through 48.4. 1 . 10. The applicant has the
0 burden of proof to show that the standards and
m conditions of Sections 48. 4.1. 1 through 48 .4 . 1 . 10
ern
n 41 are met. The applicant shall demonstrate:
o.' G+
a z 48.4 .1. 1 That the USE will be in compliance with the
,.-'„ < Colorado Department of Health's Domestic Sewage
0 Sludge Regulations 5CCR 1003-7, 1986.
a+
I 48 .4.1 .2 That the sludge will be applied either by direct
injection or surface application with immediate
ON CO
v incorporation into the soil. The Board of Health
,`"., Ch
o may grant a permit where, if immediate
incorporation is not planned, the Board is
satisfied that it is not feasible and necessary for
reasons of remoteness, nature of the sludge,
characteristics of the soil, or type of crop.
48 .4 .1 .3 That alternate sites are available during cold
weather months when injection or incorporation are
not possible. Surface application on frozen ground
shall be allowed only if specifically requested in
the application and authorized in the permit.
48 .4 .1 .4 That a minimum of 60 feet from county roads will be
maintained when off-loading.
48 .4 .1 .5 That at no time shall an application site have an
odor reading of greater than a 7 :1
dilution/threshold according to Regulation #2 of
the Colorado Air Quality Control Regulations.
Page 10
ORDINANCE #89-S
H u 48 .4 . 1 .6 That the ability to prevent, control, and abate
o spillage of sludge shall be maintained.
u 48 .4 . 1 .7 That the methods of handling, storage, and
A disposal of the sludge shall control fugitive dust,
0 A blowing debris, odor and other potential nuisance
conditions .
ox
q 48 .4. 1 .8 That the USE will he compatible with the existing
o surrounding land USES.
u
ier a 48 .4 .1. 9 That the USE will be compatible with the future
- DEVELOPMENT of the surrounding area as permitted by
..
up the existing zone and with future DEVELOPMENT as
x projected by the COMPREHENSIVE PLAN of the COUNTY
Q, a or the adopted MASTER PLANS of affected
mu municipalities.
oz
N H 48 .4.1 .10 That there is adequate provision for the protection
\ ;,]
r+ N of the health, safety, and welfare of the
' tt inhabitants of the NEIGHBORHOOD and the COUNTY.
M O
enra 48 .4 . 2 Where reasonable methods or techniques are
N ° available to mitigate any negative impacts which
„ z
O1� could be generated by the approval of the Domestic
N Sewage Sludge Permit upon the surrounding area, the
o Board of Health may condition the decision to
u x approve all or any portion of the permit upon
implementation of such methods or techniques and
m a, may require sufficient performance guarantees to be
N in posted with the COUNTY to guarantee such
ti o implementation.
ww
48 .4 .3 Upon the Board of Health making its decision on the
Domestic Sewage Sludge Permit, a record of such
action and a copy of the permit shall be kept in
the files of the Environmental Protection Services '
Office and a copy sent to the Weld County Clerk to
the Board' s Office.
48 .4 .4 If the Board of Health determines that the
applicant has not met the standards cr conditions
of Sections 48 .4 . 1 . 1 through 48 .4 .1 .10 and denies
all or any portion of a Domestic Sewage Sludge
Permit, the applicant may request , within 30 days
of the Board of Health' s decision, to appear before
the Board of County Commissioners in a public
hearing. The Environmental Protection Services
shall schedule the hearing before the Board of
o Page 11
o ORDINANCE #89-S
� O
O
a County Commissioners using the notice requirements
o TA of Sections 48.3.2.2 and 48.3 .2.3 and notifying
o anyone who testified at the Board of Health' s
mg hearing. The Board of County Commissioners will
o consider the application and determine if the
applicant has met the standards or conditions of
Sections 48 .4 . 1 . 1 through 48 .4 .1 . 10 . The Board of
d, County Commissioners may reverse, affirm, or modify
the Board of Health's decision.
.. o
48. 5 Domestic Sewage Sludge Permit Renewal Application.
co tai 48 .5 . 1 The purpose of the renewal application is to give
o z the applicant an opportunity to demonstrate through
H written and graphic information how the renewal
F complies with the standards of this Ordinance. The
— following information shall be submitted as a part
of the renewal application to renew all or any
m
ant] portion of a Domestic Sewage Sludge Permit:
O1 w
Z 48 .5.1 . 1 A renewal application form as provided by the
N Environmental Protection Services;
Li tt 48 .5 .1 . 2 An explanation of any changes that are requested or
a Z.< that have occurred since the issuance of the
a o Domestic Sewage Sludge Permit;
N-i 48 .5 .1 .3 The number of pounds of sludge to be applied per
w w acre;
48 .5 .1 .4 The grade of the sludge;
48 .5 .1 .5 Evidence showing that the sludge meets the
stability criteria established by the Colorado
Department of Health;
48 .5.1 .6 A screening analysis of the sludge;
48 .5 .1 . 7 A soil analysis of the site. The soil analysis
shall have been done within 60 days of the
submittal for renewal; and
48 .5.1 .8 Any additional information as may be required by
the Environmental Protection Services or Board of
Health in order to determine that the renewal
application meets the requirements of this
Ordinance.
48 .5 .2 Duties of the Environmental Protection Services
el oa Page 12
o
ORDINANCE #89-S
ND
.-i U
A 48 .5.2 .1 The Weld County Environmental Protection
o a
Services shall be responsible for processing all
o
applications for the renewal of Domestic Sewage
o x Sludge permits in the unincorporated areas of Weld
A il Q County. The duties of the Environmental Protection
x Services for processing a Domestic Sewage Sludge
AA permit renewal shall be the same as outlined in
era Section 48.3 of this Ordinance. At the discretion
co
.. of the Environmental Protection Services upon the
w
request of the permittee, the notice and posting
'" a requirements on all or any portion of the permit
O1a may be waived when a Domestic Sewage Sludge permit
co is considered for renewal based upon the
o z remoteness, nature of the sludge, characteristics
N ' '� of the soil, type of crop, enforcement actions, and
HF prior public comments or complaints.
ti CA
CA 48 .5 .3 Duties of the Weld County Board of Health.
r, co
q ty 48 .5 .3. 1 The duties of the Weld County Board of Health for
01 considering a renewal of a Domestic Sewage Sludge
ti
N Permit shall be the same as outlined in Section
o
7+
48 .4 of this Ordinance.
U SA
x 48 . 6 Violations
rnrI
"P kIJ
NO1 48 .6 .1 Weld County through its Board of Health, Public
.N-IO Health Officer, Environmental Protection Services,
A w or other departments so authorized, may enforce the
provisions of Section 48 of this Ordinance and the
terms, requirements, and conditions of an approved
Domestic Sewage Sludge Permit through methods
included in this Ordinance 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 Sewage Sludge Permit.
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 portion. The Board of County Commissioners
hereby declares that it would have passed the 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.
Page 13
ORDINANCE #89-S
°^ o The above and foregoing Ordinance No. 89-S was, on motion
o v duly made and seconded, adopted by the following vote on the 13th
no day of November, A.D. , 1989 .
--i U
a2 u ° • BOARD OF COUNTY COMMISSIONERS
0 3 ATTEST: r� ) WELD COUNTY, COLORADO
oz
"" q Weld County Clerk and Recorder ,�
z and Clerk to the Board C. /�/�iry, a' man
o ) c %vv' I(
U
d x Pro-Tem
m BY Ge R. Brantner,
1/4o D putyaCo t ',- 1 rk
r-11 APPRO ED AS TO `FORM: Constance L. Har ert cn co N a
N H // 6 Geo ge Ke ne y 1
w J >�-
ti E �.�uc.e-- cam,
'"I ,p * County Attorney EXCUSED
4 Gordon E. Lacy
M
M 7,4
CS rk
r-
' Z FIRST READING: October 11, 1989
n�i4 PUBLICATION: October 19, 1989
O
U SECOND READING: October 30 , 1989
a PUBLICATION: November 2, 1989
O1 N
N rn FINAL READING: November 13, 1989
rIO PUBLICATION: November 16 , 1989
a 4
Effective date: November 21 , 1989
MEMORAI1DUm
WIl D File 89-1669 • October 3 , 1989
To Date
Lee D. Morrison, Assistant County Attorney
COLORADO From
Authority of Weld County to Enact Municipal
subject: Sewage Sludge Regulations
There are a number of places in the state statutes which relate to
the authority of Weld County Board of County Commissioners to
enact domestic sewage sludge regulations. These authorities
relate both to the Board ' s role in land use planning and its
de facto position as the Board of Health for Weld County.
As a Home Rule County, Weld County has the authority, under
C.R.S. , Section 30-35-201 (45) , to enact ordinances to preserve the
general welfare, order, and security of the County and to protect
life, health, and property. Sections 30-28-113 and 115 authorize
the enactment of zoning regulations and the regulation of the uses
of lands . Section 30-20-101 , the Solid Waste Disposal Sites and
Facilities Act, does provide certain exemptions for final use or
beneficial purposes of processed sludge under Section
30-20-102 (6) . This exempts the application of that sludge from
the Certificate of Designation process . However, C.R.S. , Section
30-20-101 (6) , does make it clear that municipal sludge is still a
solid waste and as such, the disposal area constitutes a solid
waste disposal site and facility. Section 30-20-114 (3) indicates
there is no pre-emption in the ability of the County to adopt its
own local resolutions or ordinances . Furthermore, Section
30-20-110 (1) (b) requires compliance with all applicable zoning
laws and ordinances in the regulations promulgated by the State
Department of Health.
As a Board of Health, the Commissioners possess authority under
Section 25-1-507 (1) (d) to enact regulations "not inconsistent with
the public health laws of the State nor with . . . regulations of
the State Board of Health" to carry out the powers in Section
25-1-506 , 25-1-506 (1) (b, (e) , (f) , (h) and (j) . All appear
relevant to the powers to enact the proposed ordinance.
Lee D. iorrison
Assistant County Attorney
LDM: sa
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was.aid hq i m NOM Oar =a y*d 'itT d9.:.0d(fir.(p lbe . tr°�Y
sell awhile d the the to aM I( •gWN
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Permit
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1 M d the ct d,,.�.. and of r not al
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•.:,� ■, ,.y , '• Ary sia ,. BY:Tommie tyber
IN be ) 'APPROVED tu
it.County Attorney oorney
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