HomeMy WebLinkAbout931620.tiff AR2329773
ORDINANCE NO. 172
IN THE MATTER OF THE REGULATION OF THE USE OF CISTERNS FOR DRINKING WATER
PURPOSES
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 itself and acting as the Weld
County Board of Health, has authority pursuant to State statute and the Weld
County Home Rule Charter to adopt Health regulations, and
WHEREAS, the Board of County Commissioners finds and determines these
regulations to be for the benefit of the health, safety, and welfare of the
people of Weld County.
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of the
County of Weld, State of Colorado:
1.0 Title and Policy
1. 1 Title - This Ordinance shall be known as the Weld County Cistern Ordinance.
1.2 Purpose and Authority - The Weld County Board of County Commissioners, in
consultation with the Weld County Board of Health, has declared the
purpose of this Ordinance to protect the public health and to eliminate
and control causes of disease, infection and contamination and declare it
to be in the public interest to establish minimum standards, rules and
regulations for the use of cisterns for a drinking water source.
1.3 Scope - This Ordinance shall apply to any cistern proposed or used as a
drinking water source for any building or structure as defined in the Weld
County Zoning Ordinance, Ordinance #89 as amended, in unincorporated Weld
County, which has not received a building permit (and maintained the
building permit in effect) from the Weld County Building Inspection
Department prior to the effective date of this Ordinance.
1.4 Authority - This Ordinance is adopted pursuant to Title 25, Articles 5 and
7, and Title 30, Articles 28 and 35 C.R.S. , and the Weld County Home Rule
Charter.
2.0 Administration and Enforcement
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2.1 General Requirement - The use of a cistern, subject to this Ordinance
under § 1.2, for a drinking or potable water source for humans is
prohibited in unincorporated Weld County, Colorado unless, and until, the
owner or occupant of the structure using the cistern as a storage source
first obtains a Cistern Usage Permit (CUP) which permit shall be good for
only one year from issuance unless properly renewed in conformance with §
3 herein.
2.2 Inspection and Right of Entry - The health officer or designated agent,
for the purposes of inspection and enforcement, is authorized to enter
upon private property to determine whether or not cisterns are being used
in compliance with this Ordinance. The owner or occupant of every
property having a cistern subject to this Ordinance shall permit the
health officer or designated agent access to the property to conduct the
required test, take samples, monitor compliance, and make inspections. If
the access is denied, the health officer or designated agent may apply to
the Weld District Court for an Order authorizing entry.
2.3 Permit Application Requirements
2.3.1 Any person who wishes to install, alter, or repair a cistern in
unincorporated Weld County, Colorado, shall first obtain, prior
to commencement of construction, a permit from the Environmental
Protection Services (EPS) Division, Weld County Health
Department, and the following information must be provided in the
permit application:
2.3. 1. 1 Legal description of the property.
2.3. 1.2 Owner of the property.
2.3. 1.3 Owner's mailing address and telephone number.
2.3. 1.4 Type of building by use.
2.3. 1.5 Type of water supply to cistern, (i.e. water hauler,
well) .
2.3.1.6 Type of services required in the structure.
2.3. 1.7 Owner's signature or agent's signature, if they have
written permission to sign for the owner.
2.3. 1.8 Additional information as required by the Division.
2.3.1.9 Street or road address of the property.
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2.3. 1. 10 Plans and specifications for the cistern.
2.3.1. 11 Documentation of efforts to obtain water from other
source such as domestic wells or public water supply.
2.3. 1. 12 Number of persons to be served by the cistern.
2.3.2 Permit Fees
2.3.2. 1 A permit fee, as set by separate Ordinance of the Board
of Weld County Commissioners, shall be required of
applicants for a new CUP payable at the time of
application to the EPS. Permit fees are non-refundable,
and permit applications are non-transferrable. The
issuance of a permit does not denote compliance with any
Zoning or Building Code Ordinance requirement.
2.3.2.2 A permit fee, as set by separate Ordinance of the Board
of Weld County Commissioners, shall be charged for the
alteration or repair of an existing cistern.
2.3.2.3 A permit fee, as set by separate Ordinance of the Board
of Weld County Commissioners, shall be required for
renewal of a CUP.
2.4 Preliminary investigation - After receiving an application for a CUP, an
evaluation of the proposed cistern shall be conducted by EPS. The
evaluation may include inspection, review of building plans and
specifications, or evaluation of information supplied by the Weld County
Building Inspection Department.
2.5 Criteria for Review - The following shall be considered by the EPS in
reviewing an application for a CUP.
2.5.1 The lack of availability of another approved source of drinking
water such as domestic wells or public water systems.
2.5.2 Demonstrated need for individual water supply.
2.5.3 Availability of an approved water source for filling the
cisterns.
2.5.4 Compliance with the Performance Standards of § 2. 10.
2.6 After reviewing all of the required information, EPS may give conditional
approval for a CUP, or it may recommend disapproval of the application and
denial of the CUP if the proposed system cannot be made to comply with
this Ordinance. The conditional approval shall set forth conditions
precedent to the issuance of the permit including, but not limited to:
(a) confirmation of approved water source to supply the cistern, and (b)
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conformance with Performance Standards under § 2. 10 of this Ordinance. No
permit shall be issued to the applicant or a subsequent owner until the
conditions have been met.
2. 7 When construction of a cistern has been completed, the contractor or owner
shall notify EPS, and a representative of the EPS shall make a final
inspection within 72 hours, or at an agreed time, after receipt of notice,
with Saturdays, Sundays, and holidays excepted from the calculation of the
72-hour time period.
2.8 If upon final inspection of the cistern, EPS finds it installed in
accordance with these regulations and the CUP, the EPS shall issue final
approval for the completed system. If the inspection discloses any
significant departure from the description or design of the system as
stated in the application for permit, or if any aspect of the system fails
to comply with this Ordinance, approval shall be withheld and written
notice of the deficiencies causing the disapproval shall be given to the
contractor or owner. Another inspection shall be made upon notification
from the contractor or owner that the deficiencies have been corrected and
the system brought into compliance with this Ordinance.
2.9 Denial of a Permit or Disapproval of Plans.
2. 9. 1 Notice of Denial - Written notice of the denial of the permit or
disapproval of plan shall be served upon the applicant as
provided by the Colorado Rules of Civil Procedure or by
registered or certified mail, return receipt requested. Service
by mail shall be complete upon by receipt by the Department of
the return receipt or upon refusal of the party to accept
delivery.
2.9.2 Appeal to the Board of Health - Any person who is denied a permit
or whose plans for a cistern are disapproved may appeal to the
Board of Health as herein provided. The applicant must file a
written appeal within ten days of denial or disapproval.
2.9.3 Variance - Upon a finding that strict enforcement of these
regulations would cause undue hardship to the applicant and a
further finding of the variance would not be injurious to the
occupants' health or the public health, the Board of Health may
authorize the issuance of the variance. Burden of proof is upon
the applicant to show the variance will not conflict with the
purposes of these regulations and will not adversely affect the
health of any person.
2.9.4 Should the Board of Health deny an appeal or a variance under the
section above, the applicant shall have the right to appeal such
decision to the Board of Weld County Commissioners pursuant to §
3-8(4) (N) of the Weld County Home Rule Charter.
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2.9.5 Time of Appeal - Every appeal from a decision of the Board of
Health must be filed within ten days from the date of the
decision of the Board of Health. The date of the decision shall
be the date the written Order is signed by the Chairman of the
Board of Health.
2.9.6 Finality of Denial - Denial shall become final upon the
expiration of time for filing appeal or when the final action is
taken upon an appeal, whichever is later.
2. 10 Performance Standard - The cistern shall be designed to conform to the
following performance standards:
2. 10. 1 Location of Cistern - The cistern shall be located and
constructed so as to prevent freezing and in such a manner that
neither underground nor surface contamination occurs from any
septic tank, seepage pit, disposal field, corral, flooding, or
other possible source of pollution, and the horizontal distance
from any such source of pollution should be as great as possible,
but in no case shall it be less than 100 feet. The cistern must
be a fixed non-mobile facility.
2. 10.2 Construction - The cistern shall be of watertight construction,
such as concrete, fiberglass, or plastic, with smooth interior
surfaces. It shall be sized based on a usage of at least 50
gallons per person per day with a minimum size of at least 1,500
gallons, which constitutes approximately a 30-day supply.
2. 10.3 Below Ground - Should the application be for a below-ground
cistern, the following requirements must be met:
2. 10.3. 1 Platform and Manhole - The platform shall be constructed
to slope away from the 4" sleeve. The manhole cover
shall be of tight fitting overlapping construction. The
cover shall be kept locked and opened only for cleaning
or filling purposes.
2. 10.3.2 Watertight Connection at Top of Casing - The 4" sleeve
shall be cast in the concrete platform and should extend
at least 6" above the platform. A watertight connection
shall be made by means of a flange and seal. Flange and
seals are of one piece and are available through pump
manufacturers or well drillers. If the space between
the concrete platform and sleeve is not tight, it must
be properly sealed to prevent entrance of contamination.
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2. 10.3.3 Pump - The type of hand pump used shall embody the
following features: a closed spout directed downward,
and the top of the pump made watertight by means of a
seal through which the pump rod operates. The cylinder
shall be located within six inches of the bottom of the
cistern. The pump shall require no priming.
2. 10.3.4 Drain Line - A drain line shall be used only if the
cistern can be drained to the ground surface. If the
cistern cannot be drained to ground surface, it will
have to be emptied by pumping and hand bailing. The
floor of the cistern shall slope to the drain or to one
side if there is no drain.
2. 10.4 Chlorination - The cistern shall be filled with water from a safe
supply. Drainage collected from runoff is not considered a "safe
supply". Chlorination shall be carried on whenever water is
added to the cistern and during the actual filling process to
provide mixing. Chlorination may be done by adding 1/2 to 1 pint
of any liquid laundry bleach containing 5 percent available
chlorine to each 1, 000 gallons of water in the cistern. The 1/2
to 1 pint of liquid laundry bleach should be mixed with
approximately 5 gallons of water before adding to the cistern.
3.0 Renewals of CUP
3. 1 Renewal Required - No cistern subject to these regulations shall continue
to be used for storage of drinking water unless, annually, an application
is made for renewal of the CUP. The application shall contain adequate
reference to the previously approved CUP or contain the information
required for an application pursuant to § 2.3 of this Ordinance.
3.2 Issuance of Renewal - A CUP will be renewed only upon conformance with the
following conditions:
A. A lab report obtained by the permit holder confirming that water in
the cistern complies with the parameters established by the Colorado
State Health Department for Drinking Water.
B. Inspection confirming that the cistern has been maintained in
compliance with the original CUP and this Ordinance.
C. Payment of fee as established by separate Ordinance of the Board.
4.0 Enforcement
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4. 1 Notice of Violations - Whenever EPS determines that there has been a
violation of any provision of this Ordinance, they shall give notice of
such violation to the responsible person or persons. Such notice shall be
in writing and shall particularize the violations, provide a reasonable
time for correction, and be addressed to the owner and occupant, if known,
of the property concerned. Service of such notice shall be as provided by
the Colorado Rules of Civil Procedure or by registered or certified mail,
return receipt requested, deliverable to addressee only. Service by mail
shall be complete upon receipt by the EPS of the return receipt. If one
or more persons cannot be found or served after a diligent effort to do
so, service may be made by posting a notice in a conspicuous place in or
about the property affected by the notice, in which case EPS shall include
in the record a statement as to why the posting was necessary.
4.2 Cease and Desist Order - The Health Officer may issue an order to cease
and desist from the use of any cistern which is found by EPS to be
improperly maintained, constructed, reconstructed, altered, or used in
violation of this Ordinance and which has not received the timely
correction in accordance with the provisions of § 4. 1. Such an order may
be issued only after a hearing which shall be conducted by the Health
Officer not less than 48 hours after written notice thereof is given to
the owner and occupant, if known, of the property on which the cistern is
located and at which the owner may be present with counsel and be heard.
The order shall require that the owner bring the system into compliance
within a reasonable period of time, not to exceed thirty (30) days, or
thereafter cease and desist from the use of the cistern.
4.3 Injunction - In any case any Building or Structure, as these terms are
defined in the Weld County Zoning Ordinance, Ordinance 89 as amended, is
or is proposed to be provided drinking water from a cistern which has been
constructed, maintained, reconstructed, altered, or used in violation of
this Ordinance, the Weld County Attorney, in addition to any other
remedies provided by law, may seek an injunction or order of abatement
from the District Court prohibiting such construction, use, maintenance,
reconstruction or alteration without compliance with this Ordinance.
4.4 Withhold Certificate of Final Occupancy - The Weld County Building
Inspection Department may deny a request for a Certificate of Final
Occupancy where a cistern is a source of drinking or potable water if
there has not been compliance with this Ordinance.
5. 0 General Provisions
5.1 This Ordinance is not intended to create a cause of action against Weld
County or its officers, employees or agents.
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5.2 Severability - 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 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.
5.3 The effective date of this Ordinance shall be May 1, 1993.
The above and foregoing Ordinance Number 172 was, on motion duly made and
seconded,
adopted by the following vote on the 19th day of April, A.D. , 1993.
GG2BOARD OF TYUNCY ORADISSIONERS
ATTEST: (lUJ////�ll WEB p COUNTY, COLORADO�/�,
Weld County Clerk/Yo the Board L6/�//7n���,,,,_,6 � .4,iG�G
• ,`'..dLL' �/�-/�J Constance L, Harbert, Chairman
BY: �,,z,4 ` :!h Deputy Cle , e a Board W. ebste , PrcrTem
AP AS TO TOR s
,_7„,,--
,,,,„, � eor e�. BaxteBaxte
County Attorney z Dale K. Hall
r
arbara J. Kirkmey r
First Reading: March 22, 1993
Publication: March 25, 1993, in the Windsor Beacon
Second Reading: April 5, 1993
Publication: April 8, 1993, in the Windsor Beacon
Final Reading: April 19, 1993
Publication: April 22, 1993, in the Windsor Beacon
Effective: May 1, 1993
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Ordinance shall apply to wisnes to nsra ,aler,or
1N THE MATTER OF any cistern propos - repair a cistern in
'-`
THE REGULATION OF used as a drinking_ ,r unincorporated Weld
THE USE OF source for any bulking County,Colorado, shall
CISTERNS FOR or structure as tleflrrdln first obtain, prior to AFFIDAVIT OF PUBLICATION
DRINKING WATER the Weld County Zoning commencement of
PURPOSES Ordinance, Ordlnaaq construction, a permit
#89 as amend.d,M from the Environmental STATE OF COLORADO
BE IT ORDAINED BY unincorporated WeldProtection Services ss
THE BOARD OF County, which has not COUNTY
Division, Weld COUNTY OF WELD
COUNTY received a buildingCounty Health
COMMISSIONERS OF permit (and main) Department, and the
THE COUNTY OF the building per following information i, KEITH HANSEN, of said County of Weld, being dui
WELD, STATE OF effect) from the " must be provided in the sworn,say that I am Y
COLORADO: County Building
permit application: Y publisher of
Inspection Department 2.3.1.1 Legal descriptionprior to the effective__ WINDSOR BEACON
of the property.
WHEREAS, the Board of this Ordinance.
of County 2.3.1.2 Owner of the a weekly newspaper having a general circulation in said
Commissioners of the 1.4 Authority - This
County of Weld,State of Ordinance is adopted property. County and State, published in the town of'WINDSOR,
Colorado, pursuant to pursuant to Title 25, in said County and State; and that the notice, of which
Colorado statute and the Articles 5 and 7, and 2.3.1.3 Owner's mailing the annexed is true
Weld County Home Rule Title 30,Articles 28 and address and telephone a copy, has been published in said
Charter, Is vested with 35 O.R.S.,and the Weld number. weekly for/_successive weeks, that the notice
the authority of County Home Rule was published in the regular and entire issue of every
administering the aftairs r, by use.Charter. Type of building number of the paper during the period and time of
of Weld
Colorado,and 2.0 Administration and publication, and in the newspaper proper and not in a
Enforcement 2.3.1.5 Type of water supplement, and that the first publication of said notice
WHEREAS, the Board supply to cistern, (i.e. was in said paper bearing the date of the
of County 2.1 General water hauler,well).
Commissioners itself Requirement -The use �t(k /7
and acting q as the Weld of a cistern, subject to 2.3.1.6 Type of services day of U.�1_.Q , A.D., 19 /3 and
County Board of Health, this Ordinance under§ required in the structure. the last publication see'aring the date of the
has authority pursuant to 1.2, for a drinking or
State statute and the potable water source for 2.3.1.7 Owner's
Weld County Home Rule humans is prohibited In signature or agent's day of A.D., 19_ and
Charter to adopt Health unincorporated Weld signature, if they have that the said 'WINDSOR BEACON has been published
regulations,and County, Colorado written permission to continuously and uninterruptedly period of 5
unless, and until, the sign for the owner. P Y for the
WHEREAS, the Board owner or occupant of the consecutive weeks,in said County and State, prior to the
of County structure using the 2.3.1.8 Additional date of first publication of said notice, and the same is a
Commissioners finds cistern as a storage information as required newspaper within the meaning of an Act to regulate
and determines these source lust obtains • by the Division. printing of legal notices an advertisements, approved
regulations to be for the Cistern Usage Permit 2 3.1.9 Street or road May 18, 1931,and all prior cis ar as in force.
benefit of the health, (CUP)which permit shell Y
safety, and welfare of be good for only one address of the property. /
the people of Weld year from Issuance
County. unless properly renewal 2.3.1.10 Plans and
in conformance with I§3 specifications for the
NOW, THEREFORE, herein. cistem. P LISHER
BE IT ORDAINED, by
the Board of County 2.2 Inspection andea rl 2.3.1.11 Documentation / a
Commissioners of the 'of Entry - The'health of efforts to obtain water `Sub` � orn to before tne this �(E� day
County of Weld,State of of from other source such e;/ , _ _
Colorado: officer or designated as domestic wells or /f��' '�)
agent,for the pulps water supply. /i/J y -
1.0 Title and Policy of inspection and /`u � 1C i 7l�[iYJLvi.,r
enforcement, Is p 3.1.12 Number of NOTARY PUBLIC
authorized to enter ryen
1.1 Title - This private property to persons to be served by
Ordinance shall be determine whether or the cistern. My commission expires L 7 /776
known as the Weld not cisterns are being
�
County Cistern used in compliance WM 2.3.2 Permit Fees
Ordinance. this Ordinance. The
owner or occupant of 2.3.2.1 A permit fee, as
1.2 Pur ose antl ry property set by separate 2.3.2.2 A permit fee,as
eve P ro hav a Ordinance of the Board
Authority - The Weld cistern subject to MIS set by separate
County Board of County Ordinance shall permit of Weld County Ordnance of the Board
Commissioners, In the health officer or Commissioners,shall be of Weld Courtly
consultation with the designated agent required of applicants for Commissioners,shut be
Weld County Board of access to the property to a new CUP payable at charged for IM
the ti
Health,has declared the conduct the required the EPS.me . application
fees t to ealteration or repair of an
purpose of this test, take samples, are non-refundable, and existing cistem.
Ordinance to protect the monitor compliance,and permit applications are
public health and to make Inspections. It the non-transferrable. The 2.32.3 A permx Ise,as
eliminate and control access is denied, the Issuance of a permit set by separate
causes of disease, health officer or does not denote Ordinance of the Board
infection and designated agent may compliance with any Or 'Weld County
contamination and apply to the Weld Zoning or Building Code
declare it to be In the District Court for an Ordinance requirement.
public interest to Order authorizing entry.
establish minimum
standards, rules and 2.3 Permit Application
regulations for the use of Requirements
cisterns for a drinking
water source.
Commissioners,shall be disepprovel d pl• 'tae 2.10.3 Below Ground- the parameters [ Ice. -
required for renewal of a be served up he Should the application established by the
CUP appear*as provioed by be for a below-ground Colorado State Health 4.4 w thlold Cartilage
the Colorado Rules of cistern, the following Depetmere for DdNdng of Final Occupancy •
2.4 Preliminary Civil Procedure or by requirements must be water. The Weld County
investigation - After registered or certified met: Building Inspection
receiving an application mall, return receipt B. Inspection confirming Department may deny■
for a CUP,an evaluation requested. Service by 2.10.3.1 Platform and that the cistern has been request for a Ceilcate
of the proposed dstern mall shall be complete Manhole•The platform maintained in of Final Occupancy
shall be conducted by upon by receipt by the shall be constructed to compliance with the where a cistern is a
EPS. The evaluation Department of the retum slope away from the 4' original CUP and this source of drinking or
may Include inspection, receipt or upon refusal sleeve. The manhole ordinance, potable water If there
review of building plans of the party to accept cover shall be of tight has not been
and specifications, or delivery, fitting overlapping C. Payment of tee as compliance with this
evaluation of information construction. The cover established by separate Ordinance.
supplied by the Weld 2.9.2 Appeal to the shall be kept locked and ordinance of the Board.
County Building Board of Health -Any opened only for cleaning 5.0 General Provisions
Inspection Department. person who is denied a or filling purposes. 4.0 Enforcement
permit or whose plans 5.1 This Ordinance is
2.5 Criteria for Review- for a cistern are 2.10.3.2 Watertight 4.1 Notice of Violations- not Intended to create a
The following shall be disapproved may appeal Connection at Top of Whenever EPS cause of action against
considered by the EPS to the Board of Health Casing-The 4'sleeve determines that there Weld County or its
In reviewing an as herein provided. The shall be cast in the has been a violation of officers, employees or
application for a CUP. applicant must file a concrete platform and any provision of this agents.
written appeal within ten should extend at least 6' Ordinance,they shall
2.5.1 The lack of days of denial or above the platform. A give notice of such 5.2 Severability- k any
availability of another disapproval, watertight connection violation to the section, subsection,
approved source of shall be made by means responsible person or paragraph, sentence,
drinking water such as 2.9.3 Variance-Upon a of a flange and seal, persons. Such notice clause or phrase of this
domestic wells or public finding that strict Flange and seals are of shall be in writing and Ordinance is for any
water systems. enforcement of these one piece and are shall particularize the reason held or derided
regulations would cause available through pump violations, provide a to be invalid or
2.5.2 Demonstrated undue hardship to the manufacturers or well reasonable time for unconstitutional, such
need for individual water applicant and a further drillers. If the space correction, and be decision shall not ailed
supply, finding of the variance between the concrete addressed to the owner the validity of the
would not be injurious to platform and sleeve is and occupant,if known, remaining portion. The
2.5.3 Availability of an the occupants' health or not tight, It must be of the property Board of County
approved water source the public health, the properly sealed to concerned. Service of Commissioners hereby
forfeig the cisterns. Board of Health may prevent entrance of such notice shall be as declares that it would
authorize the issuance contamination. provided by the have passed the
2.5.4 Compliance with of the variance. Burden Colorado Rules of Civil Ordinance, and each
the Performance of proof is upon the 2.10.3.3 Pump - The Procedure or by phrase thereof,
Standards of§2.10. applicant to show the type of hand pump used registered or certified irrespective of the fact
variance wit not conflict shall embody the mail, return receipt that any one or more
2.6 After reviewing all of with the purposes of following features: a requested,deliverable to sections, subsections,
the required infommatlon, these regulations and closed spout directed addressee only. Service paragraphs,sentences,
EPS may give will not adversely affect downward, and the top by mall shall be clauses, or phrases
conditional approval for the health of any person. of the pump made complete upon receipt might be declared to be
a CUP, or it may watertight by means of a by the EPS of the return unconstitutional and
recommend disapproval 2.9.4 Shoutl the Board seal through which the receipt. If one or more Invalid.
of the application and of Health deny an pump rod operates. The persons cannot be found
denial of the CUP if the appeal or a variance cylinder shall be located or served after a diligent 5.3 The effective date of
proposed system cannot under the section above, within six Inches of the effort to do so, service this Ordinance shall be
be made to comply with the applicant shall have bottom of the cistern. may be made by posting May 1,1993.
this Ordinance. The the right to appeal such The pump shall require a notice in a
conditional approval decision to Ihe Board of no priming. conspicuous place In or The above and
stall ale forth conditions Weld County about the property foregoing Ordinance
precedent to the Commissioners 2.10.3A Drain Line •A affected by the notice,In Number 172 was, on
issuance of the permit pursuant to§3-8(4)(N) drain line shall be used which case EPS shall motion duly made and
Including,but not limited of the Weld County only I the cistern can be include in the record a seconded, adopted by
to: (a) confirmation of Home Rule Charter, drained to the ground statement as to why the the following vote on the
approved water source surface. If the cistern posting was necessary. 19th day of April,A.D.,
to supply the cistern, 2.9.5 Time of Appeal- cannot be drained to 1993.
and (b) conformance Every appeal from a ground surface; it will 4.2 Cease and Desist
with Performance decision of the Board of have to be emptied by Order - The Health ATTEST: DONALD D.
Standards under§2.10 Health must be filed pumping and hand Officer may issue an WARDEN,Weld County
of this Ordinance. No within ten days from the bailing. The floor of the order to cease and Cleric to the Board
permit stoll be issued to date of the decision of cistern shall slope to the desist from the use of
the applicant or a the Board of Health, drain or to one side if any cistern which is BY: CAROL A.
subsequent owner until The date of the derision there is no drain, found by EPS to be HARDING,Deputy Clerk
the conditions have shall be the date the j improperly maintained, to the Board
been met. written Order is signed 2.10.4 Chlorination-The constructed ,
by the Chairman of the cistern shall be filled reconstructed, altered, APPROVED AS TO
2.7 When construction Board of Health. with water from a safe or used in violation of FORM: BRUCE T.
of a cistern has been supply. Drainage this Ordinance and BARKER, County
completed, the 2.9.6 Finality of Denial- collected from runoff nr which has not received Attorney
contractor or owner shall Denial shall become not considered a'safe' the timely correction in
notlly EPS, and a final upon the expiration supply'. Chlorination accordance with the BOARD OF COUNTY
representative of the of time for filing appeal shall be carried on provisions of § 4.1. COMMISSIONERS,
EPS shell make a final or when the final action whenever water is Such an order may be WELD COUNTY,
Inspection within 72 is taken upon an appeal, added to the dstem and issued only after a COLORADO
hours,or at an agreed whichever is later. during the actual filling hearing which shall be
time, after receipt of process to provide conducted by the Health Constance L. Harbert,
notice, with Saturdays, 2.10 -Performance mixing, Chlorination Officer not less than 48 Chairman
Sundays,and holidays Standard -The cistern may be done by adding hours after written notice W.H.Webster,Pro-Tam
excepted from the shall be designed to 1/2 to 1 pint of any liquid thereof is given to the George E.Baxter
calculation of the 72- conform to the following laundry bleach owner and occupant, If Dale K.Hall
hour time period. performance standards: containing 5 percent known,of the property Barbara J.Kirkmeyer
available chlorine to on which the cistern is
2.8 If upon final 2.10.1 Location of each 1,000 gallons of located and at which the First Reading:March 22,
inspection of the cistern, Cistern • The cistern water inthecstern. The owner may be present 1993
FPS finds it installed in shall be located and 1/2 to 1 pint of liquid with counsel and be
accordance with these constructed so as to laundry bleach should heard. The order shall Second Reading: April
regulations and the prevent freezing and in be mixed with require that the owner 5,1993
CUP, the EPS shall such a manner that approximately 5 gallons bring the system into
teens-final approval for neither underground nor of water before adding compliance within a Final Reading:April 19,
the completed system. surface contamination to the cistern. reasonable period of 1993
If the inspection occurs from any septic time,not to exceed thirty
dsdoses any significant tank, seepage pit, 3.0 Renewals of CUP (30)days, or thereafter Effective:May 1,1993
departure from the disposal field, corral, cease and desist from
description or design of flooding, or other 3.1 Renewal Required - the use of the cistern. Published in the
the system as stated in possible source of No cistern subject to Windsor Beacon
the application for pollution, and the these regulations shall 4.3 injunction- in any March 25,April 8,April
permit, or if any aspect horizontal distance from continue to be used for case any Building or 22,1993.
of the system falls to any such source of storage of drinking water Structure, as these
comply with this pollution should be as unless, annually, an terms are defined In the
Ordinance, approval great as possible,but in application is made for Weld County Zoning
shall be withheld and no case shall 8 be less renewal of the CUP. Ordinance, Ordinance
written notice of the than 100 feet. The The application shall 89 as amended, Is or is
deficiencies causing the cistern must be a fixed contain adequate proposed to be provided
disapproval shall be non-mobile facility, reference to the drinking water from a
given to the contractor previously approved cistern which has been
or owner. Another 2.10.2 Construction - CUP or contain the constructed, maintained,
inspection shall be made The cistern shall be of information required for reconstructed, altered,
upon notification from watertight construction, an application pursuant or used in violation of
the contractor or owner such as concrete, to § 2.3 of this this ordinance,the Weld
that the deficiencies fiberglass, or plastic, Ordinance. County Attorney, in
have been corrected with smooth interior addition to any other
establish minimum WAN wwreupply. ands upon notiicalbn
SIKL1II I standards,miss and from the contractor or
IN THE MATTER OF 1�dallwe for the use 2.3.1.12 Number o1 owner that the
IN E REGULATION OF, diMsme nr a dMdq persons to be served by delklencles have been
sm... the cistern. corrected and the
THE USE OF system brought Into
CISTERNS FOR 1.3 SdoPermite - This 2.3.2 Permit Fees compliance with thisAFFIDAVIT OF PUBLICATION
DRINKING WATER OPMNMIN shall apply to Ordnance. ,,.
PURPOSES ' wW Won P d or 2.3.2.1 A perm)lee,as
w
desa driron g water set by separate 2.9 Denial of a Permit" STATE OF COLORADO
BE IT ORDAINED SY sera Ilk any building Ordnance of the Board Disapproval of Plans.
THE BOARD OF «sttre es defined of Weld County
C O U N T-Y i in the Weld County Commissioners,shall be 2.9.1Notice of Denial- Ss
COMMISSIONERS OF Zoeep Ordinance, required of applicants Written notice of the COUNTY OF WELD
THE COUNTY OF Ordanrwe e89 es for a new CUP payable denial of the permit or
WELD, STATE OF ems a d e d,I n at the time of application disapproval of plan shallCOLORADO: aamcorporated Weld to the EPS.Permit fees be served upon the I,KEITH HANSEN,of said County of Weld,being duly
Cannily,which has not are nonrefundable,end applicant as provided by sworn,say that I am publisher of
WHEREAS,me Beets recoWed a building permit applications are the Colorado Rules of
Commleeleners uvety. asmntri1and maintained non-transferable. The Civil Procedure or by
Cali sl West,Still'''.a the heeding permit in issuance of a permit registered or certified 'WINDSOR BEACON
rdyWWI from the Weld does not denote mall, return receipt
Colorado,pursuant*,c Building compliance with any requested. Service by
Colorado statute std 1,, Department Zoning or Building Code mall shall be complete
We WWI CSWiy H OFF'ar%r b the effective Ordnancerequkemera. upon by receipt by ash a weekly newspaper having a general circulation in said
RuleChrw,eredee Maer this Ordinance. Department of the WMM County and State,published in the town of WINDSOR,
with the aet55or el 2.3.22 A pemd fee,as receipt or upon realer County in said C and State;and that the notice,of which
adnntieteel ate IEska 1Ascoop
Authority -This set by separate or the party to sco
of Weld Cod1My, Ordinance is adopted Ordnance of the Board delivery. the annexed is a true copy,has been published in said
Culoredo,and t to Title 25, of Weld County weekly for_5 and 7,and Conanbsleners,shall be 2.9.2 Appeal to the _successive weeks,that the notice
WstHE11E/t8,M Ce 30,CA.
and the Wed charged
or repay o the person of
Isltdwde-Any
•i was published in the regular and entire issue of every
Coneese%asrs - Dewily Home Rule existing dstem. permit or whose plans number of the paper during the period and time of
mid ailed as the Weld matter for a cistern are publication,and in the newspaper proper and not in a
Cetaey Seal of Hulas 2.32.3 A pent fee,as disapproved may weal
Me ref pud i 2A Administration and set by separate to the Board of Health supplement,and that the first publication o£said notice
le SMM aW7Ddar
aisl Ms Srresmera Ordnance of the Board as herein provided TM paper was in said bearing
Weld County Homo of Weld County applicant m sst file a the date of the
Rule Charier�roeCommissionersCommissioners,shall be eieeenn appeal within len
Health f
mid 1 General readred for renewal days el dental or X�*^ day of (.Cfyi.'n
pdrrnent-The sea CUP. disapproval. J� rbe ` A.D.,19°/3 and
WHEREAS,the Beard el a einem,subject to the last publication aring the date of the of -Cedrity IW OMlnance under§ 2.4 Preliminary 2.9.3 Variance-Upon a
Commissioners find.1.2,ter a drinking or Investigation - After finding that strict
and detrretes Mess maw water source for receiving an application enforcement of them day of A.D., 19_and
regulationshar le be tee
nth Freels is prohibited in for a CUP,an evaluation regulations would cause
he eeYseelporated Weld o1 the proposed cistern undue hardship b the that the said WINDSOR BEACON has been published
safety,and welfare or County. Colorado shall be conducted by applicant and a further continuously and uninterruptedly
the peep% of Weld QOM,and until,the EPS. The evaluation finding of the variance p y for the period of 5
County. eeaer or occupant of may include inspection, would not be Injurious to consecutive weeks,in said County and State,prior to the
the ebecture using the revIew of building Plans the ocapants'health or date of first publication of said notice,and the same is a
NOW, THEREFORE. *NOM as a storage and specifications,or the public health,the
BE IT ORDAINED,by nut first obtains a evaluation d Irnn oalion Board of Health may newspaper within'the meaning of an Act to regulate
the Board el County re Usage Permit supplied by the Weld authorize the issuance rintin of legal notices an advertisements,approved
Commissioners of the (cup) which permit County Building o1 the variance. Burden P g g pp
Corey a1 Weld,state of Shall be good for only Irspeclbn Department. of proof is upon the May 18,1931,and all prior cts art as in force.
Colorado: one year front issuance applicant to show the /
1.01115 and Policy unless properly renewed 8th§3 2.5 Cowie for Revew- variance will not connee 01
in conformance with§3 The following shall be with the purposes et
1.1 Title - This herein' considered by the EPS these regulations and
In reviewing an will not adverselyelect
Ordinance 'shall be
known as--the Weld 221nepeudbrniiM Right tt pplkatbniora UP. the health of any P LISHER
County Cistern of Entry-The health person.
officer or designated 2.5.1 The lack o1 G�7'
agent,for the purposes availability of another 2.9.4 Should the Board Subscri d and sworn to before me this /"�
1.2 Purpose and i of inspection and approved source of of Health deny en day
Authority-The Web,enforcement, is drinking water such as appeal or a variance of /Z .c_J 19,j
Couniy Bowe d Ceei y'authorized to erdr upon domestic wells or public under the section
Commisa%Mre, le"prioatedi property to water systemw.�.,,:..,.,..,,,MMAIN,.tha:.appllgM "q �O /J'y,
censeeaun wait -determine whether or shall have the right b 6'AA4P C/, //Ati/77/!-yyp
Wald Co Seard the loot cisterns are being 2.5.2 Demonstrated.appeal such tlscebn Ia NOTARY PUBLIC
Health. h aed in compliance w9h need it kxevkual water the Board of Weld
dlth. a Ws Ordinance. The supply. County Commissioners
pus ose So)f this owner or occupant or pursuant to§3.8(4)(N)
public pu M tlit and tho every property having a 2.5.3 Availability of an of the Weld County Y commission expires IN`y , �7 q�..
aN and control cistern subject to this approved water source Home Rule Charteliminer.
(((///
causes of d%easo, ptlnance shall permit for filling the cisterns.
causesn and the health officer or 2.9.5 Time of Appeal•
infecontamination and designated agent 2.5.4 Compliance with Every appeal from a
declare be in the amass to the property the Performance dedffion of the Beard of
is conduct the required Standards of§2.10. Health must be teed
public interest to fake samples, within ten days front
n h
lr compliance,and 2.6 Aar reviewing all of date o1 the decision of
stela inspections.II the the required information, the Board of Health.
INstisa Is denied,the EPS may give The date of the dscebn
Ihealth officer or conditional approval for shall be the date the
ddessaigIlnated agent may a CUP, or It may written Order is sired
aaSly to the Weld recommend dp disapproval by the Chalmwn r 1st
D ct Court for an o0 the application
CUP it the Board of Heath
ttndeauSodzing entryof
proposed system cannot 2.9.8 Fina8ty o1 Denial-
2.3 Permit Application be made to comply with Denial shall become'
Requirements this Ordinance. The final upon the expiration
conditional approval of time for filing appeal
2.3.1 Any person who shall set forth conditions or when the final action
Weis to install,alter,precedent to the is taken upon an angel,or repair a cistern in PSsuence of the permit whichever is later.
unincorporated Weld including,but not limned
�,ordu Cobredo,shall to: (a)continatlon of 2.10 Performance
Rust Gbtaln, prior to approved water source Standard-The dram
commencement of to supply the cistern, shall.be designed to
ion,a permit and(b)conformance conform to me olloeYg
Erteironmenlal with Performance performance standards:
Mellon Services Standards under§2.10
PPe Division,Weld oprd
ftrhist Ordinance. No 2.10.1 Location of
whit Health i shall be issued to Cistern-The cistern
the ant,and the applicant or a shall be located and
following inlormatlon eubsequem owner until constructed so as to
must be provided in the the conditions have prevent freezing and in
pemdappecWon: been met. such a manner that
nether underground nor
(.egai description 2.7 When construction surface contamination
nropery of a cistern has been occurs from any septic
completed, the tank, seepage pit,
2.3.1.2 Owner of the contractor or owner disposal field,corral,
property. shall notify EPS,and a flooding, or other
representative of the possible source of
2.3.1.3 Owners mailing EPS shall make a final pollution, and the
address and telephone inspection within 72 horizontal distance from
number. hours,or at an agreed any such source of
time,alter receipt of pollution should be as
2.3.1.4 Type of building notice,with Saturdays, great as possbie,but in
by use. Sundays,and holidays no case shall 0 be less
excepted from the than 100 feet. The
2.3.1.5 Type of water calculation of the 72- cistern must be a/lied
supply to cistern,(i.e. tour time period. non-mobile facility.
water hauler,well.
2.8 If upon final 2.10.2 Construction-
2.3.1.6 Type of services inspection of the cistern, The cistern shall be of
required in the structure. EPS binds it installed in watedight construction,
accordance with these such as concrete,
2.3.1.7 Owner's regulations and the fiberglass,or plastic,
signature or agent's CUP,the EPS shall with smooth interior
signature,0 they have issue final approval for surfaces. It shall be
written permission to the completed system. sized based on a usage
sign lorthe owner. If the Inspection of at least 50 gallons per
discloses any significant person per day with a
2.3.1.8 Additional departure from the minimum size of at east
lnlormation as required desorption or design of 1,500 gallons,which
by the Division. the system as stated In constitutes
the application for approximately a 30-day
2.3.1.9 Street or road permit,or if any aspect supply.
address of the property. of the system fails to
comply with this 2.10.3 Below Ground-
2.3.1.10 Plans and Ordinance, approval Should the application
specifications for the shall be withheld and be for a below-ground
cistern. written notice of the cistern,the following
deficiencies causing the requirements must be
2.3.1.11 Documentation disapproval shall be met:
of efforts to obtain water gyre to the contractor
from other source such or owner. Another 2.10.3.1 Platform and
as domestic wells or inspection shall be Manhole-The piadorm
3.1 RaNwr Required asdeesed to the aware affected by the mime Nava aMAOett�a 4.3 k oinks•Ni any
-! W MO be g.ar No cistern s*D)eel a earl es a&I fin, which case EPS shag op i� isle SMpea alliall Or se Mae
theweaMNrr a1 ter Include N the noes a
cover sirMlM etinn owNMse-. fYe el as ement as to why to Ollbr nal lies theta did N Ylad in Ore
filling n.The storage b of drinking such notice sh be as posting was necessary. Items spar writ Wei/-Oepdy Zoning
provided by the notice thereof is given to Ordinance, Ordnance
dal M kept Iridium a d en unless,ic is madeually. olorado Rules of Civil 4.2 Cease and Desist the owner and 89 as amended,is or is
on for en r renewal wa on h dr. Procedure or by Order - The Health occupant, if known, of proposed to be provided
� N dale . lIof on CUP. registered or certified Officer may Issue an the properly on which drinking water from a
ipurPcerr• The application eS mall, return receipt order to cease and the cistern Is located cistern which has been
eonnln ato fin requested,deliverable desist from the use of and at which the owner constructed,maintained,
T.40.a.Y Watertight -reference to ins q
Qennectlon at Top 0 eviously append to addressee only. any cistern which is may be present with reconstructed,altered,
Casino-The 4'Wefts nosbut' or contefs Me Service by moll shaft be found by EPS to be counsel and be heard. or used in violation of
concrete
cast In 1I ppgmatlon requited- Mr complete upon receipt improperly maintained, The order shall require this Ordinance, the
eent
than be platform an application2.3 this by the FPS d the return constructed . that the.ownsr bring the Weld County a Attorney,
atNlddeklepl at IeeM to § 2.3 of thin receipt. If one or more reconstructed,altered, system into compliance in addtion to any other
above the plonn A • OnWenrce. _. persons cannot be or used in violation of within a reasonable remedies provided by
watertight canal found or served after a this Ordinance and period of time, not to law, may_.seek an
IMO M tirade by 3.2 Issuance el diligent elen to do so. which has not reciend et.a .(� In matte/ t
et a flange and Renewal•A CUP wiles wiles imp be case h' the they corneas it .OMM►ni t tie M
Flag.lad seals ale M renewed only epee posting a nellee In a accordance with se also
one piece and lye conformance with the tee cempeus/Nor In or provisions et $ 4.1. the del n a t w i•h trc e,
ava l bi through pee following conditions: about tin prop it erty Su en order be
may
manulacturers or#M
drillan. It A.A iab report obei ed
pidMns and amthee:4 bcontinuin the g thatt holder
vs*N
net ti011, It MS Os the cistern compliant
pr sealed M the peresMMa reeereiruelNn or caw or ageing that any one or more
coMmediatpr Io. M Colorado established MVP!, elevation wnMW Win Co or or its sections, subsections,
State}Mash compliance with t le olllearel arrslsyeMw ytngrapM,semmw e ,
2.10.1.3 Pump • Teo Department for dWMp Ordnance. agents. clauses, or phrases
type hand pone used Water, 4,4 Withhold Certificate 5.2 Severabisy- if any uuncco stitutioneall and
might
shell embody a B. Inspection tarring of Final Occupancy • section, subsection, kwalid.
dosed
following features: a that the maintained
has The Weld County paragraph, sentence,
dra as spout, dtreMeti m ancetalnetl in Building Inspection clause or phrase of this 5.3 The erect*e date of
M tie P andmp t ori CUP with the Department may deny a Ordinance is for any this Ordinance shall be
ab the pump original and this request for a Certificate reason held or decided.May 1,1993,
weerAMM by rroarM M'a Ordinance, of Final Occupancy to be .Invalid or
seal Yee whit**e where a cistern Is a unconstitutional, such The above and
Puree red operWee. c. Payment of Me as e source of drinking or decision shag net sled foregoing Ordinance
TM cylinder lltl M established by separate potable water if them the validity of the Number 172 was, on
boiNi wahM akOM�s Ordnance of the Board. has not been renalmng portion. The motion duly made and
a the she pine p:ft compliance with this Board of County seconded, adopted by
*loam '1M pen►elas 4.0 Enforcement Ordnance. Commissioners hereby the following vote on the
nrprsaD piffling. declares that it would 19th day of April,A.D.,
4.1enever VbeffEPS 5A Oenarat Provisions have passed the 1993,
2.5 f Drain IYee•A Whenever EPS ,Ordinance, and each
bee sly ship Da determines s vicelike there 5.1 This Ordnance le plwse fh ATTEST.
MyaiM diver has been a on ci of net Wended to sale a, Mape_NM i 1M Tiled CeensrGeA M
to the any provision el this
er�pi�Qse,,. If the Ordinance, they shall the Sena
neeel be drat give notice of'such
anes0 surface, violation to the M•
leer 10 DT en i -� responsible person or Deputy CNrk to the
pees end persons. Such notice Depu floor shall be in writing and
delimited slog' shall particularize the APPROVED AS TO
anal erto one eyed 1 violations, provide a APPR:
then is ao drain. reasonable time for Founy Attorney
correction, and be
2.1•.4 Chlorination • BOARD OF COUNTY
The,sworn shift be COMMISSIONERS,
water Ina a WELD COUNTY,
��aeyyrnaa�eee COLORADO
Ma
Ieiils
net Chb a Constance L. Harbert,
�t�sar' rat eft Chairman
ship-N cwate. "sal W. H. Webster, Pro-
whenever water is Temm
efwd tin cistern and George rM K lime Baxter
=re actual. e seaara.L IOeenneYsr
prediak to provide
nail ChlorMaOon First Reading: March
Wilt
abi ssr rrp a ttlp
M leach
Second Reading:Apo
5 percent s,10W Chlorine to
to
ark 0 9assne'of Final Readng:Aped 19,
idler the shalom. 1993
The 1 to 1 Wag
shield be,timed mined with Effective:May 1,1993
fppesdl nMN a gads Published in the
i welts before Meng pin
Beacon
N Mein. March 25,April e,Apra
3.0 ReaesW el CUP 22,1993.
1.4 Authority - This 2.3.1.7 Owcer'e signature
Ordinanc._le adopted r agent's signature,*n to
ER OF 1s1E have written permission to
IOM THE pursuant to Title 25, sign for the owner.
g�IlTElslag IOR Aeeles 6 and 7,and Title
WATER 30. Articles 28 and 35 2.7.1.6 Additional AFFIDAVIT OF PUBLICATION
C.R.B., end the Weld information as required by
b County Home Rule the DMdon.
tEDBY
an. STATE OF COLORADO
2.3.1.6 Street or road
COUNTY 2.0 Atlminldretion antl addressof the property.NERS OF COUNTY OF WELD
OF WELD, 2.3.1.10 Plane and
IOMoo` 2.1 General Requirement • l icauone for the I, KEITH HANSEN, of said County being du]
The use of a cistern, of Weld, duly
WHOREAS,the Boats of eulnact to this OrdinanceDocumentation sworn, say that I am publisher of
�p�lnmledoners el under§12,for a ddremg teen 11 obtain
nt
ills T of Weld,Suss r Plebs water source for e to o source water front
0 Ofigtwdn,pursuant ie humans is prohibited in other is wets such e WINDSOR BEACON
Cststlde statute and tie unincorporated Weld war supply.
•r►Wk
WW Decoy Horrid Rub Cony,Colorado unless, °eW wODN' •
p.l ,le vested with the and until, the owner or 2.3.1.12 Number of a weekly newspaper having a general circulation in said
a administering occupant of the structure County and State, published in the town of WINDSOR,
parso
Os ITS&of Weld Comet using the cistern as a pea nYe•to be served by in said County and State; and that the notice, of which
Cons*and Morass source flat obtains
the Bond of a Clelern Usage Permit 2.32 Pernik Few the annexed is a true copy, has been published in said
(CUP)which permit*MPweekly for / _successive weeks, that the notice
eedv Commiseloeen be good for only one year 23.21 A permit fee,as ell
NeS4ed acting as the from. Issuance unless was published in the regular and entire issue of every
We t peony Board a properly renewed in by separate Ordinance ofo
Heel►, has auttletny teMermance with 3 3 tow Board a wad county number of the paper during the period and time of
paws la stab etatlaCommissioners,shall bo publication, and in the newspaper proper and not in a
requand the Weld County h•I••s new CUred P payable M Nr supplement, and that the firs publication of said notice
He Rule Charter to
WM tianh regulations,
22 inspectEntry- on
and Right of time of application le to was in said paper bearing the date of the
end Entry-Ta health oilier or EPS. Permit fees are non- P P
designated agent,for the refundable, and permit q //��,, n , �' Q
WHEREAS,the Board of Weems Of Inspection and application` are non- 4C day of //1(.lam , A.D., 19`f.3 and
CeMgy Commisslanere •tdranwnt,is authorized transferrable. The the last publication bearing the date of the
RaEn¢Iddetermbest le to enter upon private issuance issuance of a permit doe
fie llnle to be for the Property to ddtermin• not denote compliance eih
bend* of the health, whiter or not sideman any Zoning or Building day of A.D., 19_ and
.e as welfare et tie' being used In compliance Code Ordinance
WOO a Wed couly. web this Ordinance. The requirement that the said WINDSOR BEACON has been published
owner or occupant of wary continuously and uninterruptedly for the period of 5
NOW,THEREFORE,BE property having a cistern 232.2 Apermlt fee,a sat
1T ORDAINED, by the stabled to this Ordinance by separate Ordinance of consecutive weeks,in said County and State, prior CO the
of of County shall permit the health Ws Bard of weld County date of first publication of said notice, and the same is a
Camgdaaloners of the ester or designated aunt Commissioners,shall be newspaper within'the meaning of an Act to regulate
Courtly of Weld,Stan cease to the property to charged for the alteration gu
cakrde conduct the required teat, or repair of an existing printing of legal notices an advertisements, approved
take samples, monitor dawn May 18, 1931, and all
1.717N and Policy compliance, and malt• prior crats in force.
klepectiona It the scone 2.3.2.3 A permit fee,as
t.l WO-Thls Ordinance -isdekd,the health taker set by separate Ordnance
shell be known as the •t dMynatiO agent may of the Board of Weld
Weld County Cistern
A/ly le the Weld DMHd County Commissioners,
pntllerne Court for an Order shall be required for ° •a .
HER
augui4bg ratty. renewal of a CUP.
tj.wpose and Autinnty
-iii Weld County fiord 2.3 Permit Application 2.4 Preliminary Subscrib d and sworn to before me this G� day
el Dpudy Commissioners, Rsnlwawta+ Investigation - After of • 6 / 19 q3
In elmoultatton with to receiving an application for
Weld County Board of 2.3.1 Any person who a CUP, an evaluation of
Hoak has declared its wishes to install, lter,or the proposed cistern Yell D -'7.2.1"4/"V""
�/
.-
POOH of this Ordnance
repair a cistern In be conducted by EPS. `��'Q` ' PU" `"'��r'-"�
.WSW me publk Meth unincorporated Weld The evaluation may NOTARY PUBLIC
am to eliminate as County,Colorado,shall include inspection,review
caged causes of dowse, first obtain, prior to of building plane and i
My commission expires 2 / `,I(�_
kasaten and commencement a permit of specifications, or p
wsltimkrtbn and declare
trre ruction,a from evaluation of information
flit!, In the public the Environmental supplied by the Weld
Ing1'eY to *wombat Protection n Services(EPS) C Building Inspection
nIlYM wander*ease Division, Weld County Deparnent,
as leWagwle Swam Health Department,and
.... beres le lot a ddaakn7 the Wowing Information 2.5 Criteria for Review-
skelmust be provided in the The following shall be
eaWl
pared application: considered by the EPS in
1.8 Scope • The 2.3.1.1 Legal description of a CUP.rep an eDpkcefiotr for
Oe5Mrnee WW1 appy to .........pey,. a CUP.
arty eNero proposed or
use se a drinking water 2.3.1.2 Owner of the 2.5.1 The lack of
• for any bulking ravailability of 0111.111100111.10111.11110le to e as defined pope" another
' approved source of
WOE County Zoning drinking water such as
CIdlWoe,Ordinance MO 7.7.1.3 Owners mailing damage wells r bulk
cc amended,ln address and telephone ,ear ma.
unincorporated Weld
County, which has not 2.31 a Type of building by 2.6.2 Demonstrated need
received a building perm* for kwMWel water
(and maintained the ta
building permit in effect) 2.5.3 Availability of an
reap /be wee County 2.3.1.3 Type of water 4Pevd eialir„ ee tor
gS eg inspection gustily to cistern, (i.e. i810b saws
De111artmerd prier he the mist Slat w0/0.
e lective date of this 2.5.4 Cela3ree fits the
Ohre 2.3.1.6 Type of airless p nM1e Stases a
required in the structure. §210.
nedrehm ed of Appeal1,000 gallons a war in
2.r After 2.5.2to the Beard 2.102 Corandlen-The the cistern, me 112 b 1 :4.2 Cease and DPW to NIrmd Provision
se twdtred inbar•gen, of health•Mw person who eastern shad be of pica Mlles sway bias dJrder-The Heat Ollalr
der nee sets oesimme1 is denied a permit er watertight construeien, should be mixed with peep laud an WSW i.1 The Chase le not
appeal for a CUP,et a whose plans for a Wan such as concrete, essrogmatey B bean et tease and desist from Na ISIS to create a caws
is scams ale disapproved may IMrgbs,or plastic,eta war before adding b w aid any cistern MS N e itellen against Weld
dlagsevat re vs appeal to the Bowd of s nMkderior sudaaa. N detrn, (sand by EPS to be Candy or Its officers,
ended- an and Pal of Hoer as herein prerla it OM be sized based wt a ISyopetry main aupMyas or agents.
IMPS if the papal The applicant must must*,• sae of at'least 50 2.0 Menewai of CUP aMwiructed,reset
sea manna be seeds so written appeal wan ten pews per person per rip aired.or used In vi 5.2*Potability- If any
eamply with ate days of denial or suet•minimum size OM 3/esrewel RequMd tae e/ this Ordinance and section, subsection.
Oimasnse. The disapproval. St 1.000 gallons,whlap cistern subject to these sash has not received to paragraph, sentence,
oiltirbbl approval sod cenalasessapproxlmWya regulations shall cemdnae Italy correction in ohsor phrase of this
eat rash conditions 2.0.3ie Variance-Upon a day supply. eacerdence with the Ordinance Is for
paws to the rouse (Mding that strict b lie used for storage dany
•kNtA♦ep•rmX enforcement of thee. tt.O,i Below Ground - drinking water mien revisions of§4.1. Such naeon held or decided to
incises Wsally,an application is ea order may be issued be Invalid or
nit`. Wail ass Wailed to: (a) regulations would ag PSI the application be cry after a hearing
undue hardship to the tat abelowyround dslerL wadi for renewal el the With unconstitutional, such
sedmalion of dppsenAOUP. me-applicationMa Me be ed by Na decision shall not affect the
wale Ise to supply Na applicant and a haw al having requirements contain adequate Heath Officer not leaven validity of the remaining
finding of the variance natal met: p � portion. The Board of
Sir I and loth contain to the r N hours after wdhan
eaalrmance .ith `could not be Injurious te - Seed CUP or oenlaot Make thereof le given le County Commissioners
A Pernwnce Standards the occupants'health at 2.10.64 Platform and the w Mprmsibn receded tor Na owner and ocayaal,if
under g 2.10 et MN the public health, the Manhole-The platform) eq Wan,of the m wad declares s that e
pd sines so ponsna Board of Health may shed be eenstruded to an application purarnl to Meth the b1a n Is weld have passed the
he hated to the slantdaps Ng 2.i st this Ortlnsnse. plusesOrdin ace, and each
authorize the beuanw d sissy Isar the 1' std at which the owner pfoeee thereof irrespective
er a subsequent honor the variance. Burden of .28,a. The swoop 33 Msuan ce of Renewal. may be present with at Na fact that any one or
saps conditions hap Par IS upon the appird co1e1 sobs re sge gag A CUP wili be renewed Mussel and be heard. more sections,
newel to anew the variance will overlapping conetruelen. only upon conformenoe The'order shall requas wt subsections,paragraphs,
not conflict with the The ewer shall be kept with the following the owner bring the palm sentences, clauses, or
27 when construction d a purposes of these PS and opened olS'br eeradons: kite compphtn Ilmeeesyd ce ed
astern has been regulations and will sot deaatg or Ming purposes. nlmeeable periodliancew N Wesa, to N uncomnctitdbdecicrnal and
eoalphasd,the corsage adwesy affect the SP A.A lab report obtained by M to exceed thirty(60) said,
or maw shall notify EPS, et SOW Person- 2.10.6.2 Watertight the permit holder days,or thereafter peso
and•representative el Na Connection at Top of confirming that water in the and desist from the ups Of 5.3 The eftective date of
EM shall make a final 2.5.4 Should the Board of Casing- The 4'sleeve cistern complies with w t ecistern this Ordinance shall be
bwplan within 72 hers, Heat deny an appeal et a shall be cast in the praetors established by May1,1993.
onion agreed time,agar vaii.ee under the asap e•.erate platform and the Colorado State Health 4.8 intonation-in any case
resalpt of notice, with above,the applicant mice Pad extend at Nast 5' Department for Drinking My Building or Structure, The above and foregoing
$aYBigs.Sundays,and have the appal
right to Nave the platform. A water, M Ss terms are Sad Ordinance Number 172
heijep'excepted free Na eta decision to the Based weMYam connection Si W M Weld County 2albrp was,on motion duly made
cabana of the 72deur of Weld Casty be made by means of• B. inspection confirming Cedinance,Ordinrtees IA and seconded,adopted by
time period. Commissioners pursuant lange and seal. Flange that the cistern has been es amended, Is or le the following vote on the
log 3-d(4XN)of the Wee ape salt are of one Piece maimalned in complies prepesed to be provided lath day of April, A.D.,
2.i_yon final inseam County Home _ ,RUM and an available through with the original CUP and Waring water hem a ISa.
d Na darn, EPS tea it Cheaat pump manufacturer,or v tOrdinrce. Warn which has bean
Installed In accordance well dialers. If the specs eeaMrucled,maintained, ATTEST:
et these regulations and 2.9.5 Time of Appeal - between the concrete C. Payment of fee as reeaatructed,aheisd,et Weld County
the CUP,the EPS Mall Every appeal from • phdonn and sleeve Is not established by separate ad in violation el Olds Cara IO Na Board
Mardbal approval ter Na decision of the Board of Yr,It must be properly Ordinance of the Board Ordinance, the lad
arialsd system. If Na Sash mud be fled vain egad to prevent entrance Canty Attorney, In By;
napawtien discloses any pen dap from the dale al elcaesmination 4.0 Enforcement Mellon to any ether
SOS departure m thereadies arr.decision of the Board rees provided r, Boo
MClerk to the the elleeption or deeps el of Heat. The date Oa 2,10.2.8 Pump-The*Pe 4.1 Notice of Violµions• ay seek an Mallon or
IMaPlah as stated is Na wsblen shall be the dab M hind pump used shell Whenever EPS ease pa of abatement.hem
aMaddre for permit,r N the widen Order N alinedtlat• APPROVED AS TO
embody the following pout that there has been a We ttng Court
any east of the system by the Chairman of the alums: a closed �'
fags le comply with thedownward, t is rd of any modem of peatruct
DY BerOea Health. srpete and give ds Ordinance,of shell maintenance ,
a irnct a such Attorney
Odeeao,approval shell �' away Y
be altheld and written wa tap d the mean sea notice of such re e l r t o n e n c• ,
2es shall
cDental- wawggrot byg means of a parsons er respons. S bie Wawa
n win ON COUNTY
rausi ot the dep in e e become final seal through which the parson or persons. Such Nard ante.compliance w_h COMMISSIONERS,ain .COLORADO
O causing b the disapproval nt is Na expiration whenf*re pump rod opll be s. Ted notice shall be In writingWY Ordnance. COIMTY,COLORADO shelf bus given l0 the for Ming appeal or when cylinder shall be located and shall particularize Naw
esabaaer r *weer. the final action is taken within six inches of the violations, provide • a Withhold Gallia*el Constance L. Harbert,
MatiolwesekeiMagic ups an appal.Pickers badm of Na cistern. The reasonable time for Fend Occupancy - The Cannon
made upea netdleedea IS. pump Mall require no correction, and be Weld County Building W.H.Webster,Pro-Tem
Iran tee eentrar r x phnh Iep
g. addressed to the owner ection Department Berge E.Baxter
tram e w__abet 2.10 Pertormaee and occupant,if known,of spy any a request for a Dale K.Hall
have►sus hernstew•ne spell ate designed cistern n drain 4 line Dine -A e used the property concerned. Certificate of Fled Barbera J.KIrkmeyer
Ms eyes.baste ado 9Sentinel such raw Mall pee sncy where a doom
capes with this conform
Ynce the folloWing only I the vMn_rdec drained to the ow be ground be as pra e by the 7aae0ura of tlrleyq re First Reading:March 22.
dwtiws surface. If the cistern Cdrade Rules of Civil par5M wed it tiles too on
nal been maitplanse nib
210.1 Location of Clain cannot be drained to Second Reading:April 5,
2.9 Santea of a Permit aPnpaae a m r gyred filydsyaa.
orappnweaor Plans The astern shall la plena surface,X will hew or tripled mail, return 103
Sled and con structedes lobe emptied by Pumping receipt requested,
i.5.lMollee of Denial - es b prevent hearing and re hand bailing. Thefloor dellerable to addressee Final Reading:April 19,
PS sae of the snot in such a manner that of w cistern that slope b only. Service by mod she
neither underground netcomplete upon 1553
el wg.MN ordappaW Naw aaln or to one std if be
scrims contamination
e/pew shell be wowed ace is no drain. by the EPS of the return
open Ps applicant a occurs from any septic receipt. If one or more Effective:May 1,1993
lea
prodded try the Coloreds 00•11•00eit as
g p , p.sal 2.10.4 Chlorination-The persons cannot be found
Aso seas Procedure a field,mural,flooding,r Sem shall be filled wgh or served after a diligent
w WYtdeor
other possible source of
by ra/ered or coaledwater from a safe supply. effort to do so,setae may a,April
Mall. return receipt pollution, and the Drainage collected from be made by posting • -TSH.
teq,rsbd Setae by mho horizontal distance horn nelod is not considered• notice in a conspicuous
mantis espied upon by any such source of yes supply. Ghanaian place in or about the
PPS by the Depamwre pollution should be as shall be carried on property affected Dy the
pat a possible,bit lens r water a added notice,in which can EPS
d tatty the er wheat
er
shall it be des tlr Meal Include in the here
fps Suet of d party b 100 pest. TM'Wan into a pass le a statement as to why Na
it57p7idaisery' be • fined nen-motes grade main. pcMMMp was necessary.
featy. •''S'Mle-ay N dad
by Maw 1/2 le 1 pan el
any Ileekt laundry Mooch
containing 5 percent
available chlorine to each
Hello