HomeMy WebLinkAbout921537.tiff ARi31D2„AU
ORDINANCE NO. 164-A
IN THE MATTER OF AMENDING ORDINANCE NO. 164 TO ESTABLISH A SURCHARGE TO COVER THE
ACTUAL AND NECESSARY COSTS OF FINANCING SOLID WASTE MANAGEMENT IN WELD COUNTY,
COLORADO, AND DECLARING AN EMERGENCY
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, pursuant to the Weld County Home Rule Charter Article XVI, Section
16-11 and C.R.S. Section 30-20-115, the Board of County Commissioners may collect
a surcharge to be added to fees received by operators of solid waste disposal
sites and facilities in order to offset the impacts to Weld County and its
residents resulting from the disposal, siting, and operation of waste disposal
sites and facilities, and
WHEREAS, certain small quantities of hazardous waste generated by
residential uses (commonly known as household hazardous waste) , which are exempt
under federal and state law from regulation as hazardous waste, may be being
disposed of at solid waste sites and facilities within Weld County, and
WHEREAS, in the absence of an extensive education, collection, and
inspection program, household hazardous wastes and other hazardous wastes are not
likely to be intercepted to avoid using solid waste disposal sites and facilities
for disposal, and
WHEREAS, additional programs of education, source reduction, separation,
and marketing are necessary to improve the effectiveness of recycling programs
within Weld County, Colorado, and
WHEREAS, it is in the best interests of the operators, users, governmental
entities, and present and future residents of Weld County that hazardous waste
be intercepted and disposed of properly other than in solid waste disposal
facilities (even where they may be legally disposed of in solid waste facilities
as exempt from regulation as hazardous waste) and that recyclables be separated
and directed toward appropriate markets rather than being placed in solid waste
sites and facilities for permanent disposal, and
WHEREAS, the current intent of Ordinance No. 164 and the Weld County Home
Rule Charter, Article XVI, Section 16-11, expressed generally, would allow
expenditure of funds which would support programs to intercept and encourage
proper disposal of hazardous wastes and encourage recycling and reuse of other
wastes and that the Board of County Commissioners wishes to expressly provide for
the use of the funds in the solid waste sites and facilities fund for such
purposes, and
ORD164A
L 1358 REC 02310230 11/06/92 15 :48 $0 .00 1/003 921537
F L' i NARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
cam-: ,34, HI,
RE: ORDINANCE #164-A
PAGE 2
WHEREAS, the impacts to Weld County in establishing hazardous waste
programs and recycling programs to prevent illegal and unsafe disposal of
hazardous wastes and wasteful disposal of recyclables requires an increase in the
amount of the surcharge assessed pursuant to Ordinance No. 164, and
WHEREAS, an emergency exists in that a funding source needs to be
established prior to setting the budget for fiscal year 1993 and collections
commenced so that cash flow is established to fund necessary hazardous waste and
recycling programs by Weld County.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld
County, Colorado that Section 2 of Weld County Ordinance No. 164 be amended to
read as follows:
There is, hereby, established a surcharge in the amount
of ten percent (10%) to be added to all disposal fees
received by any operator operating a solid waste
disposal site and facility or transfer station within
Weld County, Colorado including areas within corporate
limits of municipalities. "Solid Waste Disposal Site
and Facility" shall mean any facility which is required,
pursuant to applicable provisions of state law, to
obtain a certificate of designation from the Weld County
Board of County Commissioners or approval by a city,
county, or town (collectively known as "municipalities")
prior to its operation.
BE IT FURTHER ORDAINED that Section 5 of Ordinance 164 be amended to add
an additional sentence to read as follows:
"This section is intended to allow use of such Fund to
support programs that encourage recycling of wastes and
proper handling of hazardous wastes."
BE IT FURTHER ORDAINED by the Board that an emergency exists which requires
that this Ordinance No. 164-A is declared to be an emergency ordinance under the
provisions of Section 3-14 of the Weld County Home Rule Charter.
BE IT FURTHER ORDAINED that the effective date of this Ordinance shall be
as provided under Article III, Section 3-14 of the Weld County Home Rule Charter
but that the additional 5% surcharge shall not commence to accrue until November
1, 1992, which surcharge will be payable by operators of facilities prior to
December 20, 1992, and
BE IT FURTHER ORDAINED that should any operator, in good faith, be unable
to meet the statutory or County regulatory requirement that notice of any change
in rates to solid waste disposal site and facility be published prior to
imposition of a changed fee, then said operator shall be entitled to rebate for
that time period for the added 5%.
S 135E PLC C2310230 11/CE/92 15 : 4E 30 .00 2/003
ORD164A
F 03 1',4 '1 r'.M F'IS FFSTFIN CLERR & &LCOFLEF V:FI.D CO , CO
RE: ORDINANCE #164-A
PAGE 3
If any section, subsection, paragraph, sentence, clause, or phrase of this
Ordinance is for any reason held or decided to be unconstitutional, such decision
shall not affect the validity of the remaining portions hereof. The Board of
County Commissioners hereby declares that it would have enacted this Ordinance
in each and every section, subsection, paragraph, sentence, clause, and phrase
thereof irrespective of the fact that any one or more sections, subsections,
paragraphs, sentences, clauses, or phrases might be declared to be
unconstitutional or invalid.
The above and foregoing Ordinance Number 164-A was, on motion duly made and
seconded, adopted by the following vote on the 26th day of October, A.D. , 1992.
f//{'I BOARD OF COUNTY COMMISSIONERS
ATTEST: /AL n� � WELD COUNTY, COLORADO
Weld County Clerk to th Board �' 1 (NAY)
Geo e K ne y, Chairman
BY: Y44 (AYE)
Dept ,Clerk to.tlze Boa Constance L. Har ert, Pro-Tem
APPROV P4 ?O ORM: t'l ' ,2 ) % (AYE)
C. W. irb
(AYE)
County Attorney ac
(AYE)
W. H. Webste
Read and Approved: October 26, 1992
Publication: October 29, 1992
Effective: October 26, 1992
ORD164A
B 1351; PLC 0231022C 11/06/92 71- : 41, 40 . C( 2/003
0313 MLFY PEI FLUERSTEIM CLERK & LICCI.DEL. WELL CO, CC
NA�r WIT RUR7HER ORDABS#
the Us rd that an
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mprove
enealwnew of n WS to b.an enure AFFIDAVITOF PUBLICATION
progrerr attar Weki it t o undar des ealtllod
Col«ad4 and el ilMaon 3.1s of the Sid
CNsyltom.Raw Chair. STATE OF COLORADO
WHEREAS,It Is In the w: NIT FURTHER ORDAINED Ss
WWI".WWI°Wrslw4a�� gya g»st .IN.dates W
gove
rnmental w1Hwe,-e11/ ass wt bs of nom COUNTY OF WELD
prawn and Naas 'Wild Candy that h Article III,Section B1d d
Weld County Home Bade
waste M Waimea" but met the eating I, KEITH HANSEN, of said County of Weld, being duly
w.male ter I 1 al papery
wr°herge shall ski sworn,say that I am publisher of
(wallahwetymgbe eaMM,iee to accr1002 WWI
dMpoeed of w solid IYeMMer 1, 1002, rnwA
ByaMtttle will be payabM-by WINDSOR BEACON
laoNHtes u exempt
re9I iw,r/IMNdatm of facilities prior to
and tea noyolabiei t 20,1002,ana
"'Is dad a dd" a weekly newspaper having a general circulation in said
VT FURTHER ORDAINED
Mpf°p'r' m�ida Weald any operates,.In County and State, published in the town of WINDSOR,
for pe Cd 11i.be unable to rrssi in said County and State; and that the notice, of which
copy,statutory or Comely the annexed is a true
regulatory has been published in said
regulatory requirement Mat
Ibsen*Intent t4 nom.at any change in rat.le weekly for / successive weeks, that the notice
No.tee and the SSW waste disposal site sad published in the regular and entire issue of every
Nom Rust: facility be published prior Is was
mole xvl,s.ctbm is impoehlon of a changes ape, number of the paper during the period and time of
opanot ruse then saki operator shall M publication, and the newspaper in a proper and not in a
IN THE MATTER OP , c , dams entitled to rebate for that theeP P P P
"Eta OROI '�' a NWtwtie added sic. supplement, and that the first publication of said notice
tse o ETsorCE A *Wiwi
es.owrage was in said paper bearing the date of the
z R Oat station, subsection,
AC L AND NEC
CIF r ttarrdwN sentence,
dear,or
ogle wastes OmpO it this Ordinance w for 4 day of a.--t-At_ , A.D., 19y?— and
.. _ stud d air taawn hest or nodded to
• INN ,,,,yt ,.ten _,t'� w sawndlmtitnal, suchh the last publication bearing the date of the
eaa)p1aa..hall not affect the
L11.r-,. SIN,remeink g portions
r TMBoardofcowry day of A.D., 19_ and
"+ ' .L. eyed' that the said WINDSOR BEACON has been published
fataw baseandsF " MMB*m woh and awry continuously and uninterruptedly for the period of 5
ST " ', consecutive weeks,in said County and State,prior to the
iOeueeandhw � r•"t't° E�etIt!raepeetNe ofth.Yesdate of first publication of said notice, and the same is a
n.f•dw BNetitrmwor m.woleaq newspaper within the meaning of an Act to regulate
and rellots } l t!M d rN,ykisbb» gyyppas.Saws*or NWINII printing of legal notices an advertisements, approved
r breww e,..,,,,,,as • MOON IN declared to lie May 18, 1931,and all prior is ar as in force.
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Ordinance No.164,and
M - 1st above and foregoing
NHEREAS, an amass* Ollibaiss Number 16e-A et
•wilds in that a handing so • nation duly mode SW
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AgrA AFAZI *-:
LAIDLAW WASTE SYSTEMS INC. i
DENVER REGIONAL LANDFILL
October 23, 1992
Weld County Commissioners
Weld County Courthouse
915 Tenth Street
Greeley, CO 80632
Ladies and Gentlemen:
Laidlaw Waste Systems (Colorado) Inc . has the following
comments regarding "ORDINANCE 164-A" :
The ordinance states that this is an emergency
situation. Why is it an emergency? I understand that the
budget process is currently underway, but what is the crisis
that has caused this to need to be in the new budget? The
ordinance does not provide any justification as to why its
passage is necessary for the preservation or protection of
public health, property or safety.
Laidlaw' s newly approved composite liner was designed
with the knowledge that household hazardous waste is present
in the municipal solid waste stream. USEPA has adopted the
composite liner design as the preferred liner design with the
same idea in mind. Thus, disposal of these wastes in
Laidlaw' s landfill pose no threat to public health, property
or safety. The question should be posed that if household
hazardous waste is of such great concern to Colorado and Weld
County, then why haven't all landfills been required to
utilize composite liners incorporating a recompacted clay
liner component and a synthetic liner component? This would
afford much more economical assurance against environmental
degradation by protecting the environment from contamination
originating from all wastes in landfills .
1441 WELD COUNTY ROAD 6, P.O. BOX 320, ERIE, COLORADO 80516(303) 673-9431
ifA ifflJA '
Knowing the impact this will have on landfills in Weld
County and as a result their customers, many of which are the
citizens and businesses of Weld County, why weren't we
consulted as to the need and the effectiveness of what is
being proposed? The potential impacts of the ordinance are
significant . It should not be passed without a meaingful
opportunity for the public to evaluate it and to provide
comments to the Board. Because there has been no
demonstration of an emergency, the ordinance should be
sublect to the usual public notice and comment procedures .
Many of our customers deliver waste to us from areas
that are currently doing recycling. Those materials have the
recyclables already removed and, therefore, "wasteful
disposal of recyclables" is not occurring. In excess of 15%
of our volume received at Laidlaw' s facility comes from
Boulder. Household hazardous waste has largely been removed
from that volume already.
Increasing fees on the disposal facility is burdening
the wrong entity. The users of household hazardous waste and
non-recyclables are the entities that need to be penalized
for using such items, not the disposal facilities .
The proposed ordinance states that household hazardous
waste "may be being disposed of in solid waste sites and
facilities" . Would it not be prudent to first ascertain
whether or not it is indeed occuring before levying a fee on
Weld County businesses? There has been no demonstration that
this ordinance is necessary.
The proposed ordinance contains no support for why the
fee must be increased by 5% . Other than the estimated cost
of two additional health department employees it does not
state anything about what kind of household hazardous waste
program is proposed, how much it will cost , what kind of
recycling programs are being proposed or how much they will
cost . It must be demonstrated that 5% increase bears some
rational relationship to the estimated costs of specific
programs .
Sincer y yours :
Rick Hoffman
Division Manager
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TIRE MOUNTAIN, INC. = -= _.
_..,___
- � = Phone 303-573-5744 _
12311 Weld County Rd. 41 , Hudson, Colo., 80642
October 21, 1992
Mr. George Kennedy
Chairman J
Weld County Board of Commissioners
915 Tenth Street m -
Greeley, Colorado, 80632 ,
Re: Ordinance #164—A
Dear Chairman Kennedy;
We here at Tire Mountain, Inc. , are not prepared and do not intend to
accept hazardous waste as our permit does not allow it. Since we do not
take hazardous waste, I do not feel that we should be included in this 10%
solid waste surcharge.
We are presently collecting a 5% solid waste surcharge, which amounts
to $7,729.00 so far in 1992, plus a 5% reclamation fee on dump fees and re—
mitting to Weld County on a monthly basis. As far as I know, one expense
the county has is to send a Health Inspector out every quarter to inspect
our facility. I would think that this should not cost more than $100.00
to do. The only other county expense is where the Building Department sends
out an inspector to check the newly excavated pit for being dry in the
bottom. I believe the county is winning very well off our business.
Generally speaking, with the exception of aluminum cans and motor oil,
recycling has been a bust nationwide as there is no market for the materials.
There are a few small paper mills being constructed to handle waste news-
paper. Recycling is a good idea--when and if it ever becomes economically
viable.
Very truly yours,
J rrald Jamison
esident
fj
�C ,' P2
Waste Services
DEVELOPMENT CORPORATION
I " ,
October 16 , 1992 CI_Eii
George Kennedy, Chairman
Board of Weld County Commissioners
Greeley, Colorado
Dear County Commissioners :
I wish to take this opportunity to state my concurrence with the
comments submitted to you by Waste Services Corporation concerning
proposed Ordinance No . 164-A.
Since the existing 5% surcharge was established nearly 12 years
ago , Weld County has done an excellent job managing and applying
those funds to support the solid waste management system throughout
the county. It has appeared that the amount of funds available has
been sufficient to meet the various needs associated with the
county-wide system.
Looking forward at the possibility of having a household hazardous
waste program and other possible opportunities to better serve the
waste management needs of Weld County, it is apparent that
additional funding will be required. The proposed doubling of the
surcharge to 10% seems a reasonable to way to assure such funding .
However , I concur with the assessment by Waste Services Corporation
that a 10% surcharge will likely generate significant surpluses
over and above the actual needs of the solid waste management
program. Such surpluses , while directly collected from facility
operators , will ultimately be the expense of facility users , i. e.
consumers .
The specific language proposed by Waste Services Corporation for
inclusion in Ordinance No . 164-A would avoid this unnecessary
expense but still assure the availability of the required funding
in the future.
I would respectfully request your consideration and adoption of
this proposed revision to Ordinance No . 164-A prior to its
enactment . Thank you.
Sincerely,
Brad Keirnes
President
cc : Don Warden
P.O. BOX 3365 • GREELEY, COLORADO 80633 • (303) 356-6600
c-U Pit
Waste Services Corporation
6037 77th Avenue A Waste Management Company
Greeley, Colorado 80634 -- 11�
303/330-2641
Cl.:.%';
October 16 , 1992
George Kennedy, Chairman
Connie Harbert, Commissioner
Bill Kirby, Commissioner
Gordon Lacy, Commissioner
Bill Webster, Commissioner
Board of Weld County Commissioners
Greeley, Colorado
Dear Commissioners :
As the operator of the North Weld and Central Weld Sanitary
Landfills , Waste Services Corporation respectfully submits
for your consideration the following comments concerning
proposed Ordinance No. 164-A.
For the past 12 years , Waste Services Corporation and its
predecessors have supported the maintenance and use of the
existing five percent surtax for financing the actual and
necessary costs associated with solid waste management in
Weld County. During this time, the surtax funds generated
have been generally commensurate with the ongoing costs
incurred by Weld County to facilitate , regulate and support
the waste management system.
We are aware of the recent interest in expanding the solid
waste management system to provide for the intensified
management of certain exempt wastes , known as household
hazardous wastes . We share this interest and have been
involved with county staff in studying the development of
such a program. As has been determined by county staff, the
operation of a household hazardous wastes program would
significantly increase costs incurred by Weld County.
With the addition of this program, it appears that the
ongoing total system expenditures to be funded with surtax
funds could double to between $400 , 00 and $500 , 000 per year.
Compared to current and past levels of surtax collections ,
we would agree with the conclusion that a significant and
timely increase in funding will be needed.
Waste Services Corporation generally supports the proposal
to increase the solid waste surtax to 10% as a means of
guaranteeing the availability of the necessary funding.
However, based on our knowledge of the industry and markets
within our region we believe such an increase will prove to
generate substantial annual and cumulative surpluses that
will far surpass the actual costs of the solid waste
management system, including the proposed household
hazardous waste program and other realistically anticipated
additions to the system.
Given this , we respectfully propose for your consideration
the revision of proposed Ordinance No. 164-A to limit
ongoing surtax collections and fund balances to actual solid
waste management costs incurred by Weld County. After
considering several alternatives , this could be accomplished
by doubling the surtax to 10% as proposed, but requiring
that annual surtax surpluses be rebated to facilities
proportionate to their annual contributions .
To assist you with the consideration of this request , we
propose the following specific revision to Ordinance No.
164-A, prior to its enactment :
BE IT FURTHER ORDAINED by the Board that an annual
review of the Fund shall be undertaken by the Board in
January of each year to compare amounts collected under
that ordinance with expenditures made during the prior
calendar year. If the Fund shall have a balance as of
year-end in excess of $50 , 000 , then, in such event , the
amount of such excess shall be rebated to the
operators , proportionate to each operator' s
contribution to the Fund for the previous year.
The inclusion of this provision and its future
implementation will still assure that adequate funding is
available to fully finance solid waste management in Weld
County, while reasonably preventing the accumulation of
massive surtax surpluses at the expense of the residents and
businesses using Weld County solid waste facilities .
Finally, Waste Services Corporation would also request that
the effective date of the 10% surtax be changed to
January 1 , 1993 . We have operated on a calendar rate year
for the past several years . As the result, our budgets ,
contracts with our customers and their contracts with their
customers (including many small Weld County municipalities)
have been based on a calendar rate year. To avoid a
significant disruption to our customers and their customers ,
we would appreciate your consideration of this matter.
Thank you for your consideration of our comments and
proposed revision to Ordinance No . 164-A. We appreciate the
opportunity to serve Weld County' s waste management needs .
Re ectif 1
Bill Hedbe g
Division i - President
WH/hw
mEmoRAnDum
MSC Board of
To County Commissioners Date October 6, 1992
COLORADO From Lee D. Morrison, Assistant County Attorney
subject: Emergency Ordinance
Attached is a draft of a proposed increase in the surcharge for
financing solid waste management in Weld County for your
consideration.
LDM/gb
Initial :
Work Place on Don't
Session Agenda Proceed
Lacy
Kennedy
Kirby
Harbert
Webster
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