HomeMy WebLinkAbout911810.tiff 4P2251915
ORDINANCE N0. 89-U
IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS OF CERTAIN
SECTIONS, AND THE ADDITION OF CERTAIN SECTIONS TO ORDINANCE N0. 89, WELD COUNTY
ZONING ORDINANCE, AS CURRENTLY AMENDED, REVISING AND ADDING CERTAIN PROCEDURES,
TERMS, AND REQUIREMENTS
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO:
WHEREAS, the Board of County Commissioners of Weld County, 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 has the power and authority under
the Weld County Home Rule Charter and State Statute, including Article 28 of
Title 30, CRS, to adopt zoning regulations for the unincorporated areas of the
County of Weld, and
WHEREAS, the Board of County Commissioners of Weld County, Colorado, has
previously adopted Ordinance No. 89, Weld County Zoning Ordinance, establishing
a comprehensive revision of the zoning regulations and zoning maps for
unincorporated areas of the County of Weld, and has adopted amendments in
Ordinances No. 89-A through 89-T, and
WHEREAS, said Ordinance No. 89, as amended, is in need of revision and
clarification with regard to procedures, terms, and 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amended, are repealed and re-enacted, with amendments, and the various sections
are added or revised to read as follows:
Amend Section 10 by adding definitions for DOMESTIC SEPTIC SLUDGE and SUITABLE
SOIL to read:
DOMESTIC SEPTIC SLUDGE: Liquid, semi-liquid, or solid waste pumped
from septic tanks, vaults, waste holding tanks and similar structures
which would be pumped and transported for final disposal by a licensed
Weld County septic tank cleaner. This definition does not include
hazardous waste, industrial waste which is toxic or hazardous,
infectious, highly putrescible, or waste that contains more than 1%
petroleum hydrocarbons by volume. Septic sludge under this definition
may not contain more than 15% raw sewage by volume.
SUITABLE SOIL: A soil which will effectively filter effluent by
removal of organisms and suspended solids before the effluent reaches
any highly permeable earth such as joints in bedrock, gravels or very
coarse soils and which has percolation rates slower than 5 mpi. and
has a vertical thickness of at least five feet beneath the plow line
of the site and the top of the high groundwater table.
Add a new Section 31.2.23 to read:
Disposal of DOMESTIC SEPTIC SLUDGE subject to the additional
requirements of Section 49.
911810
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RE: ORDINANCE 89-U - ZONING ORDINANCE
Add a new Section 49 to read:
49 DOMESTIC SEPTIC SLUDGE Regulations
49.1 Intent and Applicability
49.1.1 The intent of the DOMESTIC SEPTIC SLUDGE Permit
procedure is to ensure that the quality of waste
discharged on land in Weld County for beneficial uses
is applied in a manner which will protect and promote
the health, safety, convenience, and general welfare of
the present and future residents of WELD COUNTY.
49. 1.2 A DOMESTIC SEPTIC SLUDGE Permit shall be required for
the discharge or disposal of DOMESTIC SEPTIC SLUDGE in
the unincorporated areas of Weld County.
49.1.3 Any contiguous parcel, or any number of noncontiguous
parcels which are owned by the same individual or group
of individuals may be permitted under one DOMESTIC
SEPTIC SLUDGE Permit. However, the required
evaluations, analysis results, and fees shall be
submitted for each 160 acres or fraction thereof.
49. 1.4 DOMESTIC SEPTIC SLUDGE disposal sites and facilities
that have been issued a Certificate of Designation are
exempted from the provisions of Section 49 of this
Ordinance.
49.1.5 Any person filing an application for a DOMESTIC SEPTIC
SLUDGE Permit shall comply with the COUNTY procedures
and regulations in this Ordinance.
49.1.6 Applications for a DOMESTIC SEPTIC SLUDGE Permit shall
be completed as set forth in Section 49.2, Application
Requirements. The completed application and
application fee shall be submitted to the Weld County
Environmental Protection Services.
49.1. 7 A DOMESTIC SEPTIC 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 SEPTIC SLUDGE Permit is issued shall require
a new application under the provisions of Section 49 of
this Ordinance. The 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.
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RE: ORDINANCE 89-U - ZONING ORDINANCE
49. 1.8 The Board of County Commissioners hereby delegates the
authority to review, issue, and revoke DOMESTIC SEPTIC
SLUDGE Permits to the Weld County Board of Health, the
Public Health Officer, and the Environmental Protection
Services as set forth in this Ordinance.
49.2 Operating Standards for DOMESTIC SEPTIC SLUDGE Permits
49.2.1 An applicant for a DOMESTIC SEPTIC SLUDGE permit shall
demonstrate conformance with the following operation
standards prior to incorporation of the DOMESTIC SEPTIC
SLUDGE into the soil and shall continue to meet these
standards if the DOMESTIC SEPTIC SLUDGE permit is
approved.
49.2.1. 1 DOMESTIC SEPTIC SLUDGE shall not be landspread on
saturated soil during precipitation events.
49.2. 1.2. No DOMESTIC SEPTIC SLUDGE shall be applied in a
quantity which would result in the DOMESTIC SEPTIC
SLUDGE running off the application site identified in
the Septic Sewage Sludge permit.
49.2. 1.3 No DOMESTIC SEPTIC SLUDGE shall be applied in a manner
which results in ponding of the septic sludge.
49.2. 1.4 A DOMESTIC SEPTIC SLUDGE application site shall not be
irrigated within 24 hours after DOMESTIC SEPTIC SLUDGE
application has taken place.
49.2.1.5 No DOMESTIC SEPTIC SLUDGE shall be applied to land
which is currently receiving DOMESTIC SEWAGE SLUDGE
from a wastewater treatment plant, has received such
wastes within the previous 18 months, or is permitted
for such use under Section 49 of this Ordinance.
49.2.1.6 Root crops or table crops, when intended for direct
human consumption, shall not be grown on land which has
received DOMESTIC SEPTIC SLUDGE application within the
previous 18 months.
49.2.1.7 Grazing by livestock shall not be allowed within 6
weeks of any DOMESTIC SEPTIC SLUDGE application.
49.2. 1.8 Public access to septic sludge application sites shall
be restricted during the life of the permit and for a
period of eighteen (18) months after the last
application. Access shall be restricted by the remote
locations, fencing, or posting of the site to minimize
human contact with DOMESTIC SEPTIC SLUDGE.
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RE: ORDINANCE 89-U - ZONING ORDINANCE
49.2. 1.9 DOMESTIC SEPTIC SLUDGE shall be applied uniformly by
either subsurface injection or on-surface deflection.
If applied on the surface, a deflector must be used on
the discharge tube of the vehicle to sufficiently
spread septic sludge at a maximum rate of 0.11
gal/square ft.
49.2.1.10 DOMESTIC SEPTIC SLUDGE applied on the surface shall be
incorporated into the soil within 12 hours of
application.
49.2. 1.11 Annual DOMESTIC SEPTIC SLUDGE application rates shall
not exceed 25, 000 gallons per acre per year.
49.2.1.12 No DOMESTIC SEPTIC SLUDGE shall be applied:
49.2. 1. 12. 1 Within a minimum of 500 feet of a
residence, business, or recreational
area;
49.2. 1.12.2 Within a minimum of 50 feet of the
property line of the disposal site;
49.2.1. 12.3 Without the depth of the annual high
groundwater level having been
established as greater than 7 feet in
depth;
49.2. 1. 12.4 Within 500 feet of the wellhead of a
well supplying water for human
consumption;
49.2.1.12.5 Within 100 feet of the wellhead of any
water well;
49.2. 1.12.6 On a land located upgradient, and
within one mile, of the point at which
surface waters are diverted for use in
a public water system;
49.2. 1. 12. 7 Within the boundaries of a 100-year
floodplain;
49.2.1.12.8 On land within 300 feet of any body of
surface water;
49.2. 1.12.9 On land within 50 feet of a dry
streambed; and
49.2.1. 12. 10 On land having a trace element level
that equals or exceeds the following
maximum cumulative standards.
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RE: ORDINANCE 89-U - ZONING ORDINANCE
Trace element lb/Acre
Cadmium 5
Copper 125
Lead 350
Nickel 50
Zinc 250
49.2.13 Soil sampling shall be conducted prior to septic sludge
application at the site and annually thereafter.
49.2.14 Soil samples shall be analyzed per the following
schedule:
Parameter Units
Soil, texture
pH pH units
CEC* meg/100g**
Nitrate as N ppm***
Phosphorus ppm
Potassium ppm
Sodium ppm
Cadmium ppm
Copper ppm
Lead ppm
Nickel ppm
Zinc ppm
* Cation exchange capability
** Milliequivalents per one hundred grams
*** Parts per million
49.2.15 The owner or operator of record of the property for
land application of DOMESTIC SEPTIC SLUDGE shall be
responsible for maintaining the following records:
49.2.15.1 A record of all persons or entities transporting and
disposing of DOMESTIC SEPTIC SLUDGE to the site;
49.2.15.2 Daily records to show all loads received and disposed
at the site;
49.2. 15.3 Transporter log records and invoice records maintained
by the operator on site which shall contain, at a
minimum, the following information:
49.2. 15.3.1 Name of licensed septic cleaner pumping
the system;
49.2.15.3.2 Name and address and location of septic
system serviced;
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RE: ORDINANCE 89-U - ZONING ORDINANCE
49.2. 15.3.3 Date and time of servicing;
49.2. 15.3.4 Type of system and description of all
wastes pumped;
49.2.15.3.5 Gallons collected;
49.2.15.3.6 Disposal location; and
49.2. 15.3. 7 Date and time of disposal.
49.2. 15.4 All records shall be kept on file and available for
inspection for a period of four (4) years from the
point in time when the first application occurs at the
site.
49.2. 15.5 All persons transporting DOMESTIC SEPTIC SLUDGE in Weld
County shall be licensed as a septic cleaner pursuant
to the Weld County Individual Sewage Disposal System
Regulations.
49.2.16 All DOMESTIC SEPTIC SLUDGE applied at permitted sites
shall be tested for and demonstrated not to exceed the
following parameters:
Parameters Maximum Load
Cadmium 1 mg/1
Copper 10.5 mg/1
Lead 5.0 mg/1
Nickel 1.0 mg/1
Zinc 30 mg/1
49.2.16.1 Composite samples of DOMESTIC SEPTIC SLUDGE from
different septic tanks may be tested to determine the
character of the sludge. Composite samples shall be
taken in a manner that provides for a good
representation of all DOMESTIC SEPTIC SLUDGE included.
49.3 Application Requirements for a DOMESTIC SEPTIC SLUDGE Permit
49.3. 1 The purpose of the application is to give the applicant
an opportunity to demonstrate through written and
graphic information how the proposal complies with the
standards of this Ordinance. The following supporting
documents shall be submitted as a part of the
application:
49.3.1.1 The following general information shall be on a form
provided by the Environmental Protection Services:
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RE: ORDINANCE 89-U - ZONING ORDINANCE
49.3.1.1. 1 Name, address, and telephone number of
the DOMESTIC SEPTIC SLUDGE transporter
and applicator;
49.3.1. 1.2 Name and address of the property owners
proposed for the DOMESTIC SEPTIC SLUDGE
Permit if different from above;
49.3.1.1.3 A legal description of the property
where the DOMESTIC SEPTIC SLUDGE is to
be applied;
49.3. 1.1.4 Total acreage of the property under
consideration;
49.3.1. 1.5 Existing land USE of the property under
consideration;
49.3. 1.1.6 Existing land USES of all properties
ADJACENT to the property under
consideration;
49.3.1. 1.7 Present zone and overlay zones, if
appropriate; and
49.3.1.1.8 Signatures of the transporter
applicator, and property owners or
their authorized legal agent.
49.3.1.2 Hydrologic data pertaining to the site including:
49.3.1.2.1 The location and depth of all wells
within one mile, depth to water, water
use, yield, and an evaluation of impact
of the proposed application on the
groundwater;
49.3. 1.2.2 Location of all lakes, rivers, streams,
springs, and bogs within one mile of
the site; and
49.3. 1.2.3 The depth to the annual high
groundwater table.
49.3.1.3 Soils data pertaining to the site including:
49.3. 1.3.1 Soils classification of each field as
mapped or described by the U.S.
Department of Agriculture, Soil
Conservation Service or equivalent.
49.3. 1.3.2 Soil test data including the following
parameters:
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RE: ORDINANCE 89-U - ZONING ORDINANCE
49.3. 1.3.3 Soil test data demonstrating that five
feet of SUITABLE SOIL will exist at all
sludge application sites between the
plowline and the top of the high ground
water table.
49.3. 1.4 An operation and management plan for the site
including:
49.3. 1.4.1 Methods of DOMESTIC SEPTIC SLUDGE
application and incorporation;
49.3. 1.4.2 Any provisions for storage of DOMESTIC
SEPTIC SLUDGE at the site including
type of storage and spill containment
and clean-up procedures;
49.3. 1.4.3 Types and use of all crops grown on the
site during and for 18 months after
cessation of DOMESTIC SEPTIC SLUDGE
application; and
49.3. 1.4.4 A schedule of DOMESTIC SEPTIC SLUDGE
application, harvesting, and fallowing
of crop lands;
49.3.1.5 Irrigation methods and schedule for the site.
49.3.1.6 The number of gallons of DOMESTIC SEPTIC SLUDGE to be
applied per acre.
49.3. 1.7 Results of piezometric tube monitoring, test bores or
other groundwater level monitoring results verifying
the annual high groundwater level at the minimum depth
which occurs on the site.
49.3.1.8 Results of test bores or other results verifying the
minimum depth to bedrock which occurs on the site.
49.3.1.9 Alternate sludge disposal plans, the name and address
of the disposal site, the name and address of any
operator, and a copy of the contract.
49.3.1.10 A written statement demonstrating the applicant's
ability to apply DOMESTIC SEPTIC SLUDGE either by
direct injection or surface application with immediate
incorporation into the soil.
49.3. 1.11 A written statement demonstrating that the applicant
has alternate methods of disposal available during cold
weather months when injection or incorporation is not
possible.
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RE: ORDINANCE 89-U - ZONING ORDINANCE
49.3.1. 12 A written statement demonstrating that the applicant
can and will off-load a minimum of 60 feet from county
roads.
49.3.1.13 A written statement demonstrating that at no time will
an application site have an odor reading of greater
than 7: 1 dilution/threshold as measured according to
Regulation #2 of the Colorado Air Quality Control
Regulations.
49.3. 1.14 A written statement demonstrating that the applicant
has the ability to prevent, control, and abate
spillage.
49.3. 1.15 A written statement demonstrating that the applicant
can and will handle, store, and dispose of DOMESTIC
SEPTIC SLUDGE in a manner that controls fugitive dust,
blowing debris, odor and other potential nuisance
conditions.
49.3.1. 16 A written statement demonstrating how the proposed USE
will be compatible with the existing surrounding land
uses.
49.3. 1.17 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.
49.3. 1.18 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.
49.3. 1.19 A map that shows and complies with the following
requirements:
49.3.1. 19. 1 The minimum size of the map shall be 18
inches by 24 inches;
49.3. 1.19.2 The scale shall be one inch equals 200
feet or another suitable scale approved
by the Environmental Protection
Services;
49.3. 1.19.3 Section, township, and range;
49.3.1. 19.4 North arrow;
49.3. 1.19.5 Outline of the perimeter of the
property under consideration;
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RE: ORDINANCE 89-U - ZONING ORDINANCE
49.3. 1.19.6 The location and names of all roads
abutting the property under
consideration;
49.3. 1.19. 7 The location and name of any water
features or irrigation ditches within
the perimeter of the property under
consideration;
49.3.1. 19.8 All existing and proposed STRUCTURES on
the property under consideration; and
49.3.1. 19.9 The location of all occupied DWELLINGS
within a one mile radius of the
property under consideration.
49.3. 1.20 Any additional information as may be required by the
Environmental Protection Services or Board of Health in
order to determine that the application meets the
requirements of this Ordinance.
49.3.1.21 The number of copies required for processing the
application. The exact number of copies shall be
determined by the Environmental Protection Services.
49.4 Duties of the Environmental Protection Services.
49.4.1 The Weld County Environmental Protection Services shall
be responsible for processing all applications for
DOMESTIC SEPTIC 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.
49.4.2 Upon determination that the application submittal is
complete, the Environmental Protection Services shall:
49.4.2.1 Set a Weld County Board of Health hearing date not more
than forty-five (45) days after the complete
application has been submitted.
49.4.2.2 Arrange for legal notice of the Board of Health hearing
to be published in the newspaper designated by the
Board of County Commissioners for publication of
notices. At the discretion of the Environmental
Protection Services, a second notice may be published
in a newspaper which is published in the area in which
the DOMESTIC SEPTIC SLUDGE Permit is proposed. Failure
to publish the second notice shall not create a
jurisdictional defect in the hearing process. The date
of publication shall be at least ten (10) days prior to
the hearing.
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RE: ORDINANCE 89-U - ZONING ORDINANCE
49.4.2.3 Provide a sign for the applicant to post on the
property under consideration for a Domestic Septic
Sludge Permit. The sign shall be posted adjacent to
and visible from a publicly maintained road right-of-
way. In the event the property under consideration is
not adjacent to a publicly maintained road right-of-
way, the applicant shall post one sign in the most
prominent place on the property and post a second sign
at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The sign shall be posted by the applicant, who shall
certify that the sign has been posted for the ten (10)
days preceding the hearing date. The sign shall show
the following information:
49.4.2.3.1 DOMESTIC SEPTIC SLUDGE Permit number;
49.4.2.3.2 Date and place of Public Hearing;
49.4.2.3.3 Location and phone number of the public
office where additional information may
be obtained;
49.4.2.3.4 Applicant's name;
49.4.2.3.5 Size of parcel of land; and
49.4.2.3.6 Type of request.
49.4.2.4 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 COUNTY. The failure
of any agency to respond within fourteen (14) days may
be deemed to be a favorable response to the COUNTY.
The reviews and comments solicited by Weld County are
intended to provide the COUNTY with information about
the proposed DOMESTIC SEPTIC SLUDGE Permit. The
Environmental Protection Services may consider all such
reviews and comments and may solicit additional
information if such information is deemed necessary.
The reviews and comments submitted by a referral agency
are recommendations to the COUNTY.
49.4.2.4.1 The Planning Commission or Governing
Body of any town and county whose
boundaries are within a three (3) mile
radius of the parcel under
consideration for a DOMESTIC SEPTIC
SLUDGE Permit.
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49.4.2.4.2 The Planning Commission or Governing
Body of any city or town that has
included the parcel in its MASTER
PLANNING area.
49.4.2.4.3 Weld County Department of Planning
Services.
49.4.2.4.4 Weld County Department of Engineering
Services.
49.4.2.4.5 Colorado Department of Health.
49.4.2.4.6 Colorado State Department of Highways.
49.4.2.4. 7 Colorado State Engineer or appropriate
water district or municipality.
49.4.2.4.8 Any irrigation ditch company with
facilities on or adjacent to the parcel
under consideration for a Domestic
Sewage Sludge Permit.
49.4.2.4.9 Any other agencies or individuals whose
review the Environmental Protection
Services may deem necessary.
49.4.2.5 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.
49.5 Duties of the Weld County Board of Health.
49.5.1 The Weld County Board of Health shall hold a public
hearing to consider the application and shall either
issue or deny all or any portion of the DOMESTIC SEPTIC
SLUDGE Permit. In making a decision on the proposed
DOMESTIC SEPTIC SLUDGE Permit, the Board shall consider
the recommendation of the Environmental Protection
Services, facts presented at the public hearing, and
the information contained in the official record, which
includes the Environmental Health Protection Services'
case file. The Board shall approve all or any portion
of the DOMESTIC SEPTIC SLUDGE Permit unless it finds
that the applicant has not met one or more of the
standards or conditions of Section 49.5.1.1 through
49.5. 1.9. The applicant has the burden of proof to
show that the standards and conditions of Sections
49.5.1. 1 through 49.5.1.9 are met. The applicant shall
demonstrate:
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49.5. 1.1 That the septic sludge will be applied either by direct
injection or surface application with immediate
incorporation into the soil;
49.5.1.2 That alternate methods of disposal are available during
cold weather months when injection or incorporation are
not possible;
49.5. 1.3 That a minimum of 60 feet from county roads will be
maintained when off-loading;
49.5. 1.4 That at no time shall an application site have an odor
reading of greater than a 7:1 dilution/threshold
according to Regulation 112 of the Colorado Air Quality
Control Regulations;
49.5. 1.5 That the ability to prevent, control, and abate
spillage of septic sludge shall be maintained;
49.5.1.6 That the methods of handling, storage, and disposal of
the DOMESTIC SEPTIC SLUDGE shall control fugitive dust,
blowing debris, odor and other potential nuisance
conditions;
49.5.1.7 That the USE will be compatible with the existing
surrounding land USES;
49.5.1.8 That the 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; and
49.5.1.9 That there is adequate provision for the protection of
the health, safety, and welfare of the inhabitants of
the NEIGHBORHOOD and the COUNTY.
49.5.2 Where reasonable methods or techniques are available to
mitigate any negative impacts which could be generated
by the approval of the DOMESTIC SEPTIC SLUDGE Permit
upon the surrounding area, the Board of Health may
condition the decision to approve all or any portion of
the permit upon implementation of such methods or
techniques and may require sufficient performance
guarantees to be posted with the COUNTY to guarantee
such implementation.
49.5.3 Upon the Board of Health making its decision on the
DOMESTIC SEPTIC 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.
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49.5.4 If the Board of Health determines that the applicant
has not met the standards or conditions of Sections
49.5.1. 1 through 49.5.1.9 and denies all or any portion
of a DOMESTIC SEPTIC 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 County Commissioners using the notice
requirements of Sections 49.4.2.2 and 49.4.2.3 and
notifying anyone who testified at the Board of Health's
hearing. The Board of County Commissioners will
consider the application and determine if the applicant
has met the standards or conditions of Sections
49.5.1. 1 through 49.5. 1.9. The Board of County
Commissioners may reverse, affirm, or modify the Board
of Health's decision.
49.6 DOMESTIC SEPTIC SLUDGE Permit Renewal Application.
49.6.1 The purpose of the renewal application is to give the
applicant an opportunity to demonstrate through written
and graphic information how the renewal 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 portion of a DOMESTIC
SEPTIC SLUDGE Permit:
49.6.1. 1 A renewal application form as provided by the
Environmental Protection Services;
49.6. 1.2 An explanation of any changes that are requested or
that have occurred since the issuance of the DOMESTIC
SEPTIC SLUDGE Permit;
49.6.1.3 The number of gallons of DOMESTIC SEPTIC SLUDGE to be
applied per acre;
49.6. 1.4 The analysis of previously applied DOMESTIC SEPTIC
SLUDGE;
49.6.1.5 Evidence showing that the DOMESTIC SEPTIC SLUDGE meets
the criteria established by Section 49.2 of this
Ordinance.
49.6. 1.6 A soil analysis of the site. The soil analysis shall
have been done within 60 days of the submittal for
renewal; and
49.6.1. 7 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.
B 1300 REC O2251915 06/03/91 10; 39 X0. 00 14/O16
F 1421 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
Page 15
RE: ORDINANCE 89-U - ZONING ORDINANCE
49.6.2 Duties of the Environmental Protection Services
49.6.2.1 The Weld County Environmental Protection Services
shall be responsible for processing all applications
for the renewal of DOMESTIC SEPTIC SLUDGE Permits in
the unincorporated areas of Weld County. The duties of
the Environmental Protection Services for processing a
DOMESTIC SEPTIC SLUDGE Permit renewal shall be the same
as outlined in Section 49.4 of this Ordinance. At the
discretion of the Environmental Protection Services
upon the request of the permittee, the notice and
posting requirements on all or any portion of the
permit may be waived when a DOMESTIC SEPTIC SLUDGE
Permit is considered for renewal based upon the
remoteness, nature of the sludge, characteristics of
the soil, type of crop, enforcement actions, and prior
public comments or complaints.
49.6.3 Duties of the Weld County Board of Health.
49.6.3.1 The duties of the Weld County Board of Health for
considering a renewal of a DOMESTIC SEPTIC SLUDGE
Permit shall be the same as outlined in Section 49.5 of
this Ordinance.
49.7 Violations
49.7. 1 Weld County through its Board of Health, Public Health
Officer, Environmental Protection Services, or other
departments so authorized, may enforce the provisions
of Section 49 of this Ordinance and the terms,
requirements, and conditions of an approved DOMESTIC
SEPTIC 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 SEPTIC 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 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.
B 1300 REC 02251915 06/03/91 10: 39 X0.00 15/016
F 1422 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
B 1300 REC L -51915 06/03/91 10:39 X0. 00 16/016
F 1423 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 17
RE: ORDINANCE 89-U - ZONING ORDINANCE
The above and foregoing Ordinance No 89-U was, on motion duly made an
seconded, adopted by the following vote on the 29th day of May, A.D. , 1991.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNT , LORADO
Weld Countyiperk to the Board
+ "ry Gor ac , irman
By: , �7Z
D2 Ark to e Board
�.) .�(.,.+ ` '7 ��} George Ken zdy, Pro-Tem
ARFIEG NI v PTO;PIMM:.
' itYaus
tane L. Harbe t
Cou '-Attorney
C.W.�Kii/b �Q )
. ,�-/fti G(
W.H. Webster
FIRST READING: April 24, 1991
PUBLICATION: May 2, 1991
SECOND READING: May 13, 1991
PUBLICATION: May 16, 1991
FINAL READING: May 29, 1991
PUBLICATION: June 6, 1991
Effective date: June 11, 1991
HEARING CERTIFICATION
DOCKET N0. 91-19
RE: AMENDMENTS TO THE WELD COUNTY ZONING ORDINANCE CONCERNING AMENDING
SECTION 10 TO ADD DEFINITIONS FOR DOMESTIC SEPTIC SLUDGE AND SUITABLE
SOIL, AND ADDING NEW SECTIONS 31.2.23 AND 49 THAT WILL ESTABLISH NEW
REQUIREMENTS FOR THE DISPOSAL OF DOMESTIC SEPTIC SLUDGE IN THE
AGRICULTURAL ZONE DISTRICT IN THE UNINCORPORATED AREAS OF WELD COUNTY
A public hearing was conducted on April 24, 1991, at 10:00 A.M. , with the
following present:
Commissioner Gordon E. Lacy, Chairman
Commissioner George Kennedy, Pro-Tem
Commissioner Constance L. Harbert - Excused
Commissioner C. W. Kirby - Absent
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Lanell Swanson
Health Department representative, Wes Potter
The following business was transacted:
I hereby certify that pursuant to a notice dated March 18, 1991, and duly
published March 21, 1991, in The New News, a public hearing was conducted
to consider amendments to the Weld County Zoning Ordinance concerning
amending Section 10 to add definitions for Domestic Septic Sludge and
Suitable Soil, and adding new Sections 31.2.23 and 49 that will establish
new requirements for the disposal of domestic septic sludge in the
Agricultural Zone District in the unincorporated areas of Weld County.
Lee Morrison, Assistant County Attorney, made this matter of record.
Lanell Swanson, Planning Department representative, read the favorable
recommendation of the Planning Commission into the record. (Let the
record reflect that Commissioner Kirby is now present. ) Wes Potter,
Health Department representative, made comments justifying the need for
said amendments. He also said various State departments have reviewed and
support said Ordinance. Mr. Potter also commented on types of sludge
which apply, in response to the Board's questions. Tom Cope, Chairman of
the Weld County Board of Health, said this Ordinance is very appropriate
at this time, due to Earth Week. He also commented on the Domestic Sewage
Sludge Regulations and permits which have been issued and renewed. He
said the Board of Health voted unanimously in favor of said Ordinance.
Commissioner Kennedy also commented on the success of the Domestic Sewage
Sludge Regulations. Richard Kline, representing Slim's Sanitation,
commented on samples of sludge and said they are also in favor of the
Ordinance. Chairman Lacy questioned as to whether this Ordinance would
allow Slim's Sanitation to decrease their fees. Mr. Kline said it would
be very likely. Mr. Morrison noted that Mr. Cope has participated in the
organization of this Ordinance and commended him for his efforts.
Chairman Lacy also commended Mr. Cope. Mr. Morrison and Mr. Potter read
Ordinance No. 89-U into the record. After discussion concerning various
corrections, Commissioner Kennedy moved to approve Ordinance No. 89-U on
first reading. The motion was seconded by Commissioner Webster. Chairman
Lacy asked for further public testimony. There was none. The motion
carried unanimously.
s L _( ��4
Page 2
RE: HEARING CERTIFICATION - ORDINANCE 1189-U
This Certification was approved on the 29th day of April, 1991.
APPROVED:
ATTEST: /PV BOARD OF COUNTY COMMISSIONERS
WELD COUN Y, OLORADO
Weld County Clerk to the Boar
By: �j,- Gor . La y, airman
Deputy Clerk to the Boar_
EXCUSED DATE OF APPROVAL
George Kennedy, Pro-Tem
TAPE 1191-09
EXCUSED
Constance L. Harbert
DOCKET 1191-19 s
C. �Kirby�
0RD89U
W. ste Webste
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS p(`-Y� DAY OF — pit Q , 199+:
DOCKET (41- 19 z on.' rl Q Aain0,•�A_� .tU
DOCKET Ll
DOCKET
DOCKET
DOCKET
PLEASE write or print your name legibly, your address and the DOC A (as listed
above) or the name of the applicant of the hearing you are attending. .
NAME ADDRESS HEARING ATTENDING
_FM e o r� kit) G ISO( OP �,_14+1 q 1 - ICI
eirh ��t lahA_ SUM'S Sa_nrrech_3r, 01 - ��
•
STATE OF COLORADO )
)s.s.
COUNTY OF WELD )
David B. Reynolds, being duly sworn,
says that he is publisher of
The New News, a weekly newspaper
published in Keenesburg in said
and State; that said newspaper r The New News Page 6
general circulation in said Cour ORDINANCE NO. g9-U
and has been continously and
uninterruptedly published there] IN THE MATTER OF THE REPEAL AND RE-NNACTIGINT, WITH AMENDMENTS OF CERTAI.
during a period of at least SECTIONS, AND ENE ADDITION OF CERTAIN SECTIONS TO ORDINANCE NO. $9, WELD COUNTY
ZONING ORDINANCE. AS CURRENTLY AMENDED, REVISING AND ADDING CERTAIN PROCEDURES,
fifty-two consecutive weeks pric TERMS. AND REQUIRMKENTS
the first publication of the am SE IT ORDAINED BY THE WARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO,
notice; that said newspaper is a NMEREAS, the Board of County Commissioners of Weld County. Colorado.
newspaper within the meaning of pursuant to Colorado statute and the Wald County Home Rule Charter, is vested
act of the General Assembly of t with the authority of administering the affairs of Wald County. Colorado, and
State of Colorado entitled "An WHEREAS, the bard of County Coamissioners has the power and authority,md of
er
1, the Weld Count CRS,`No�W�anGharter and
l State Star unincorporated duos ofgthe
to regulate the printing of legs CmantyTofWeld, and
notices and advertisements, " and WHEREAS. the Board of County Comissioners of Weld County. Colorado, has
amendments thereto; that the not previously adopted Ordinance No. 89. Weld County Zoning Ordinance, establishing
a comprehensive revision of the zoning regulations end arming maps for
of which the annexed is a printe unincorporated areas of the County of Weld. and has adopted amendments in
Ordinances No. W-A through 89-T. and
copy taken from said newspaper,
published in said newspaper, and
WHEREAS. said Ordinance No. 89. as amended, is in need of revision and
clarification with raprd to procedures. terms, and requirements therein.
the regular and entire issue of NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld
County, Colorado, that certain existing sections of said Ordinance No. 19, as
every number thereof , amended, are repealed and re-enacted, with amendments, and the various sections
'CJer Y �'1�{;( 3 _are added or revised to read as follows: - - --
once , week for
saLZTsiive weeks; that said notice
was so published in said newspaper
proper and not in any supplement
thereof , and that the first
publication of said notice as
aforesaid, was on the
a. day of 11\ G.1 -, 19 ri I ,
and the last on the C day of
c�
Subscribed and sworn to before
me this /7.2 day of
19.J[.
kein tr~ Or AL-4-a.T.G.Yt"
My CommiSs'or^v^rps March 1!;,1992
r,
49.2.1.6 Boot crops or table crops, when intended for direct
consumption, shall not be grown on lend which has
e '"dived DOMESTIC SEPTIC SLUDGE application within the
If : previous lliammihe.
.2.1.7 Grazing by livestock shall not be allowed within:6
weeks o£any DOMESTIC SEPTIC SLUDGE application.
-
49.2.1.8 Public access to'septic sludge application sites shall
be restricted during the life of the permit and"for a
perlod of eighteen (18) months after the last
- :application. Access shall be restricted by the r,:mote
locations, fencing, or posting of the site to adnimise
human.contact with DOMESTIC SEPTIC-
'SLUDGE.
49.2..1.9 DOMESTIC SEPTIC SLUDGE shall be applied uniformly Iq
- either subsurface injection or on-surface deflection.
If applied on the surface, a deflector must be used em
the discharge tube of the vehicle to sufficient)
spread septic sludge at a maximum rate of 0.11
gal/square ft.
49.2.1.10 EGMBSTIC SEPTIC SLUDGE applied on the surface shall
. incorporated into the soil within 12 hours et
Amend section 10 by iltigirilfmr IMpi :sa -'Stu0a sod a-JI application.
sonto r..a:
Donssrxc c+ =lanid, 1rm'tsra ie pumped. 49.2.1.11 Annual DOMESTIC SEPTIC SLUDGE application rates shell
fro..6.1.144 Safi.e-...,.eeat. . not exceed 25,000 gallons per acre per year.
which wouldb.pooped and transporte fo anal disso p a..0..tee"
Weld county septic tank niea.er: This definition does not include 49.2.1.12 No DOMESTIC SEPTIC SLUDGE shall be applied:
ha ,,,}air 1'1.1 mane which 1 toxic or hazardous:
ins 1:i altblr Wt.acibl .waste that contsins more than li
petroleum hydrocarbons by volume. Septic sludge under WA.definition 49.2.1.12.1 Within a minimum of 500 feet of a
may not contain more than 151 raw aaaaaa by mimeo. residence, business, or recreational
SUIFattE SOLI.:. A soil Mich will effectively filter effluent by - area;
removal of organisms and syspended solids before the effluent reaches
eny highlr-per.+eble earthfauca aejoints in bedrock,aravala or vary 49.2.1.12.2 Within a minimum of 50 feet of tam
:soils end which has percolation rates slower-than 5 mai.and
coarse avertical"thickmsn of al.least five feet beneath the plow line property line of the disposal site; "
of the site end"tha top of the high groundwater table.-
- 49.2.1.12.3 Without the depth of the annual high
Add a new Section 71.2.23 to read: groundwater level having bees
Disposal of DOMESTIC SEPTIC SLUDGE subject to the additional established as greater than 7 feet la
mutton..Of Section 49. depth; -
.Add..e new Section 49 to read: 49.2.1.12.4 Within 500 feet of the wellhead ofaY
49 DOMESTIC SEPTIC SLUDGE Regulations well supplying water for huge.
49.1 Intent.ana appiicability consumption;
49.1.1 .The intent of the DOMESTIC SEPTIC SLUDGE Permit 49.2.1.12.5 Within 100 feet of the wellhead of any
procedure it to ensure that the quality of waste water well;
.discharged on land in Weld County for beneficial uses
is applied in a manner which will protect and promote 49.2.1.12.6 On a lend located upgradient, and
the health, safety,convenience,and general welfare of within one mile, of the point at which
the present and future residents of MELD COUNTY. surface waters are diverted for use in
- a public water system;
49.1.2 A DOMESTIC SEPTIC SLUDGE Permit shall be required for
the discharge or disposal of DOMESTIC SEPTIC SLUDGE in 49.2.1.12.7 Within the boundaries of a 100-year
_
the unincorporated areas of Weld County. floodplain;
49.1.3 Any contiguous parcel, or any number of noncontiguous_._ 49.2.1.12.8 On land within 300 feet of any body of
parcels which are arced bp'tha sani Snglvidual or group surface water; y
of individuals„MeKt ,4}004.004 zy�er awe DOMESTIC
SEPTIC SLUDGE Pe t. Reviver, the 'required - •49.2.1.12.9 On. land within 50 feet of a dry ,
evaluations,`analysis results, and fees shall be streembed; and
submitted.for each 160acres or fraction thereof. 49.2.1.12.10 On land having a trace element level
— 49.1.4 DOMESTIC SEPTIC SLUDGE disposal sites and facilities that equals or exceeds the following
that have been issued a Certificate of Designation are maximum_cumulative standards.
exempted from the provisions.of Seztien..49 of this +
-
Ordinance. - Trace element 11,116
49.1.5 Any person filing an application }r a DOMESTIC SEPTIC Cadmium 5
SLUDGE Permit shall comply Frith tilt cbury procedures Copper 125
and regulations in this Ordinance. Lead 350
. Nickel 50
49.1.6 Applications for a DOMESTIC SEPTIC SLUDGE Permit shall Zinc 250
be completed as set forth in Section 49.2, Application 49.2.13 Soil
Requirements. The completed application and sampling shall be conducted prior to septic sledge
application fee*hall be subm4tted.to the Weld.County - application at the site and annually thereafter.
Environmental Proeection Serdicee.,
49.2.14 Soil samples shall be analysed per the e-fellreCiPg
49.1.7 ADOMESTIC SEPTIC.SLUDGE Permit*Mall,be for a period schedule:
of ante year, and is renewable for one year periods only
by grant of the Weld`County Board of Health. The Paremeter Units
permit shall be considered for renewal upon submittal
60 days prior to the expiration date of the permit. Soil, texture -
Any expansion or enlargement of the area for which the pH pH units
:DOMESTIC SEPTIC SLUDGE Permit is issued shall require CEC* meg/100g*.
, a new application under the provisions of Section 49 of Nitrate as N ppm***
this Ordinance..The applicant shall be entitled to ten Phosphorus - PPm
days notice prior to any hearing at which the Board of Potassium Pia -
Health,mey_refuse to renew any portion of the permit. Sodium ppa
Cadmium
49.1.8 The Board of County Commissioners hereby delegates the PP.
imams,
authority to review: is, and flvOka DOMESTIC SEPTIC Leader "°Vim
SLUDGE Permits to the Meld County Board of Health, the - ppm
Public Health Officer,sand the Environmental Protection Nickel ppm -
Servicea of set.forih in this drdinance. Zinc ppm
* Cation exchange capability
49.2 Operating Standards for DOMESTIC SEPTIC SLUDGE Permits
** Milliequivalente per one hundred grams
***Paris per million
49.2.1 An applicant for a DOMESTIC SEPTIC SLUDGE permit shall
demonstrate conformance with the following operation
standards-prior to incospereilenof the DOMESTIC SEPTIC 49.2.15 The owner or operator,pf record of-the property for
SLUDGE into the soil and shall continue to meet these -
-land application of DOMESTIC SEPTIC.SLUDGE shall be
standards if the DOMESTIC SEPTIC SLUDGE permit is responsible for maintaining the following records:
approved. 49.2.15.1 A record of all persons entities trans rting and
- - -- - disposing of DOMESTIC SEPTIC SLUDGE to the site;
49.2.1.1 DOMESTIC SEPTIC SLUDGE shall not be landspread on -
saturatedsail during precipitation events. 49.2.15.2 Daily records to show all leads received and disposed
at the site;
49.2.1.2. Ns BOMESTIGr iirttC SI*GE 41 1I be--applied.in a
quantity which would result in the DOMESTIC SEPTIC 49.2.15.3 Transporter log records and invoice.records maintained
SLUDGE running off the application site identified in By the operator+on site which shill contain, at e
the Septic Sewage Sludge permit. minimum, the following information:
49.2.1.3 No DOMESTIC SEPTIC SLUDGE shall be applied in a manner 49.2.15.3.1 Name of licensed septic -
which results in pending of the septic sludge. cleaner pumping
the system; p is
49.2.1.4 A DOMESTIC SEPTIC SLUDGE spplication site shall not be -
irrigated within 24 hours after DOMESTIC SEPTIC SLUDGE 49.2.15.3.2 Name and address and location of septic
application has taken.place. alt system'serviced;
♦9.2.1.5 No DOMESTIC SEPTIC SLUDGE shall be applied to land 49.2.15.3.3 Date and time of servicing;
which is cuarenilf6,recelt4N1,DOMESUF:SEWAGE,.SLUDGE -
....— . ..,..,e.e: :4.164ain:mm r.eaedfA ouch 49.2.15.3.4 Twee of system and description of all
49.2.15.3.5 Gallons collected[ 49.9.1.5 Irrigation methods and echedule for the.site.'
49.2.13.9.6 Disposal location;fiend 49.3.1.6 The umber of gallons of D@ESTIC SEPTIC SLUDGE to be
- applied per acre.
49.2.15.9.7 Data and time of dislgeal• 49,9.1.7 Results of.pieaometric tube monitoring,.test bares or
.49.2.15.4 All records shall be kept en file and available for other groundwater level monitoring results verifying
inspection fora period of liar (4) 44= from the the annual high groundwater level at the minimsm depth
point in time. en the first application occurs at the which occurs on the sits.site.
��'��y' 49.3.1.1. =sults of test bores or ether results verifying the
49.2.15.5 All persons transporting DOMSz1'iMZSLPTlC SLUDGE=Weld - minimum depth to bedrock which occurs on the site.
County shall be licensed as a septic cleaner pnrauaut -
to the Weld.County Individual l w:sgs Disposal Byer= 4-69!3.1.9 Alternate sludge disposal plans, the name and address
of the dieposal site, the name and address of any
Regulations.
operator. and a copy of the contract.
49,2.16 All DOMESTIC 9EPT14'1ti9�lEE.a9glifyilF'iL red;it= -
shall be telt=for end- ;Sted'i` the - #9.9;1.10.6„written statement demonstrating the applicant's
following parametete: ability to apply DOMESTIC SEPTIC SLUDGE either by
-direct injection or surface application with immediate
Parameters P Eizar Load incorporation into the soil. -
- Cadmium 1 mill 49.3.1.11 A written statement demonstrating that the applicant
Copper 10.9 eel has alternate methods of disposal available during cold
Lead 5.0 mgll weather months when injection or incorporation is not
Nickel - 1.0 nigh possible.
Zinc }. . 30 mg11 49.3.1.12 A written statement deaonetrating that the applicant
can and will o£f-load a minimum of 60 feat from county
49.2.16.1 Composite samples of DOMESTIC SEPTIC -SLUDGE from roads. -
different septic tanks may be tested to determine the
.De
character of the sludge. `Compeaite••samples shall 49.9.1.19 A written statement demonstrating that at no time will
' taken in a maser that provides for a good an application site have an odor reading of greater
representation of all DOMESTIC SEPTIC SLUDGE included. than 7:1 dilation/threshold as measured according to
- Regulation 02 of the Colorado Air Quality Control
49.3 Application:Requirements for a DOMESTIC SEPTIC slaws Permit - Regulations.
49.3.1 The purpose of the application is teems to}applicant 49.9.1.11 A written statement demonstrating that the applicant
a; opportunity to demonstrate"!through written and has the ability to prevent, control, and abate
graphic information how the proposal Complies with the 'spillaµ.
standards of this.0rdinance. The following supporting
documents shall be submitted as a. part of the 49,3.1.13 A written statement demonstrating that the applicant
application: - can and will handle, store, and dispose of DOMESTIC
SEPTIC SLUDGE in a manner that controls.fagitive dust,
blowing debris, odor and other potential nuisance
49.3.1.1 The following general.information shall be on a form conditions.
provided by the Environmental Protection Services: _
49.3.1.16 A written statement demonstrating how the proposed USE
will be compatible with the existing surrounding land
49.3.1.1.1 Name, address, and telephone number of uaea.
the DOMESTIC SEPTIC SLUDGE-transporter '
and applicator; 49.3.1.17 A written statement demonstrating how the proposed USE
49.3.1.1.2 Name and address of the r will be compatible with the future DEVELOPMENT of the
property owners surrounding area as permitted by the existing zone and
proposed for the DOMESTIC SEPTIC SLUDGE with future DEVELOPMENT as projected by the
Permit if different from above; COMPREHENSIVE PLAN of the COUNTY or the adopted MASTER
PLANS of affected municipalities.
49.3.1.1.3 A legal description of the.property
where the DOMESTIC SEPTIC SLUDGE is to 49.3.1.18 A written statement demonstrating how adequate
be applied;. provision for the protection of the-health.safety,and
49:3.1.1.4 Total. acreage of-the propart under welfare of the inhabitants-of the NEIGHBORHOOD and the
Totaiderati e" �f COUNTY will be maintained.
49.3.1.1.5 Existing land USE of the property under 49.3.1.19 A map that shows and complies with the following
g p D y requirements:
consideration; --
49.3.1.1.6 Existing lend USES ,of all 49.3.1.19.1 The minimum size of the map shall be 18
g properties inches,by 24 inches;
ADJACENT to the property under
consideration; 49.3.1.19.2 The scale shall be one inch equals 200
feet or another suitable acsia approved
49.3.1.1.7 Present zone and overlay zones, if by the Environmental Protection
appropriate; sad' Serdices; _
49.3.1.1.8 ' Signatures of the transporter 49.3.1.19.3 Section, township, and range;
applicator, and property owners or
,their authorized legal agent. 49.3.1:19.4 North arrow;
49.3.1.2 Hydrologic data pertaining to the site including; 49.3.1.19.5 Outline of the perimeter af,._the
• property under consideration;
49.3.1.2.1 The location and depth of all wells
within one mile, depth to water, water 49.3.1.19.6 The location and names of all roads
.. use, yield,and=evaluation of impact _ abutting the property under
of the proposed application on the consideration;
groundwater;.
49.3.1.19.7 The location and name of any water
49.3.1.$.2 Location of all lakes, rivers, streams, features or irrigation ditches within
springs, and bogs within one mile of the perimeter of the property under
the site; and consideration;
49.3.1.2.3 The depth to - the annual high 49.3.1.19.8 .All existing and proposed STRUCTURES on
groundwater table. - the property Under consideration;:and
49.3.1.3 Soils data pertaining to the site ieeludingt 49.3.1.19.9 The location of all,occupied DWELLINGS
within a one mile radius -of the
49.3.1.3.1 Soils classification of each field as property under consideration.
mapped or described by the U.S. - -
Department of. ' by`..
Agricultere, Soil 49.3.1.20 Any additional informetion as nay ba required by the
Conservation Service or equivalent. Environmental Protection Services ar Board of fte th in
order to determine that the application meats the
49.3.1.3.2 Soil test data including the following requirements of this Ordinance.
parameters; '_; -a, r ,
49.3.1.3.3 Soil eeht.Mti_damonacretlnj thit five '49.3.1.21 The number of copies required-.for processing the
feet of SUITABLE SOIL.will exist at all - application. The exact number of copies shall be
sludge application.sites between the determined by the Environmental Protection Services.
plowline snit=top of the high ground i
water 4sble,.n......<K,,.,. —.----- -49:4.'hintlea..ar-ttm-LSMSf. 'Pr8C€'effh;5 SeriCie' .
49.3.1.4 An operation and management plan for the site .49.4.1 The Weld County Hnvironmental Protection Services shall
including: -. be responsible for processing all applications for
19.3.1.4.1 Methods of DOMESTIC,. SEPTIC SLUDGE DOMESTIC SEPTIC SLUDGE Permits in the unincorporated
application and incorporation; areas of Weld County.. It shall also have the
responsibility of ensuring that all application
49.3.1.4.2 Any provisions for storage of DOMESTIC submittal requirements are met prior to initiating any
SEPTIC moat at the site including official action as listed below. -"- --
type of storagerocod .; containment
containmt
and clean-up praceyrea 49.4.2 Upon determination that the application submittal is
complete, the Environmental Protection Services shalle
49.3.1.4.3 Types and use of all crops grown on the 49,4.2,1 Sat a Weld County Board of Health hearing date were
site during and for ii months afar cessation of D0M[Sl'IC SEPTIC SLUDGE than forty-five (45) days after the complete
. application hasbean submitted.
application; and
49.3.1.4.4 A schedule of.Dow= SEPTIC ;L M, 49.4,2.2 -Arriage.for 1eµ1 notice of the Board of Health bearing
The New News Page 8 3
according to Eel:Wet:do 82 of the Colorado Air Quality\.
notices. At the discretion of the Environmental Control Regulations;
Protection Services, a second notice may be published
in a newspaper which is published in the area in which 49.5.1.3 That the ability to prevent, control, and abate
the DOMESTIC SEPTIC SLUDGE Permit is proposed. Failure spillage of septic sludge shall be maintained:-
, to publish the second notice shall not create a
jurisdictional defect in tpe hearing process. The data 49.3.1.6 That the methods of handling, storage, and disposal of
tof he hearing.'
shall be et least ten(10) days prior to the DOMESTIC SEPTIC SLUDGE shall control fugitive dust,
thy.hearing.'- blowing debris, odor and other potential nuisance
49.4.2,3 Provide a sign for the applicant to post on the conditions;
property under consideration for a Domestic Septic ill w 49.5.1.7 That the USE surrounding will EE be compatible with the existing
Sludge Permit. The-sign shall be postedadjacent to ES; -
and visible from a publicly maintained road right-of- - _
way. In the event the property under consideration is 49.3.1.8 That the USH will be compatible with the future
not adjacent applicant a pohall maintained road tight-o£- DEVELOPMENT of the surrounding area as peimitted by the
way, the placo the
post and post
is the.Bost existing zone and with future DEVELOPMENT as projected
at th p place on the property and post a second sign by the COMPREHENSIVE PLAN of the COUNTY er the adopted
at the point at which the driveway (access drive) MASTER PLANS of affected municipalities; and
intersects a publicly maintained road right-of-way.
- The sign shall be posted by the applicant,who shall 49.5.1.9 That there is adequate provision for the protection of
.certify that the sign has been posted for the ten (10) the health, safety, and welfare of the inhabitants of
days preceding the hearing data. The sign shall show the NEIGHBORHOOD and the COUNTY.
the following information: -
49.4.2.3.1 DOMESTIC SEPTIC SLUDGE Permit number; 49.5.2 Where reasonable methods or techniques are available to
mitigate any negative impacts which could be generated:
49.4.2.3.2, Date and place of Public Hearing; by the approval of the DOMESTIC SEPTIC SLUDGE Permit
upon the surrounding area, the Board of Health may
49.4.2.3.3 Location and phone number of the public condition the decision to approve all or any portion of--
office where additional information may the permit upon implementation of such methods or
be obtained; techniques and 'may require sufficient performance
guarantees to be posted with the cowry to guarantee
49.4.2.3.4 Applicant's name; such implementation.
49.4.2.3.3 Size of parcel of land; and 49.5.3 Upon the Board of Health making its decision on the
DOMESTIC SEPTIC SLUDGE Permit, a record of such action
49.4.2.3.6 Type of request. and a copy of the permit shall be kept in the files of
the Environmental Protection Services' Office and a
49.4.2.4 Refer the application to the following agencies, when copy sent to the Weld County Clerk to the Board's '
applicable, for their review and comment. The agencies Office.
named shall respond within fourteen(14)days after the 49,5.4 If the Board of Health determines that the applicant
mailing of the application by the COUNTY. The failure has not met the standards or conditions o£ Sections
of any agency to respond within fourteen (14) days may 49.5.1.1 through 49.5.1.9 and denies all or any portion-
' be deemed-to be a favorable response to the COUNTY. of a DOMESTIC SEPTIC SLUDGE Permit, the applicant may
The reviews and comments solicited by Weld County are request, within 30 days of the Board of Health's
intended to provide the COUNTY with information about decision, to appear before the Board of County
the proposed DOMESTIC SEPTIC SLUDGE Permit. The Commissioners in a public hearing. The Environmental
Environmental Protection Services may consider all such Protection Services shall schedule the hearing before
reviews and comments and may solicit additional the Board of County Commissioners using the notice
information if such information is deemed necessary. requirements of Sections 49.4.2.2 and 49.4.2.3 wd
The reviews and comments submitted by a referral agency notifying anyone who testified at the Board of Health's
are recommendations to the COUNTY. hearing. The Board of County Commissioners will
consider the application and determine if the applicant
49.4.2.4.1 The Planning Commission or Governing has met the standards or conditions of Sections
'" Body of any town and county whose 49.5.1.1 through 49.5.1.9. The Board of County
boundaries are within a three (3) mile Commissioners may reverse, affirm, or modify the Board
radius of the parcel under of Health's decision.
consideration for a DOMESTIC SEPTIC
' SLUDGE Permit. .. 49.6 DOMESTIC SEPTIC SLUDGE Permit Renewal Application.
49.4.2.4.2 The Planning Commission or Governing 49.6.1 The pure pp
Body of any city or town that has purpose of the renewal application is to give the
included the parcel in its MASTER, ' applicant an opportunity to demonstrate through written
PLANNING area. 4 and graphic information how the renewal complies with `
the standards of this Ordinance. The following
49.4.2.4.3 Weld County Department of Planning information shall be submitted as a part of the renewal
Services. application to renew all or any portion of a DOMESTIC
SEPTIC SLUDGE Permit;
49.4.2.4.4 Weld County Department of Engineering
Services. 49.6.1.1 A renewal application form as provided by the
.Environmental Protection Services;
49,4,2,4,5 Colorado Department of Health.
49.6.1.2 An explanation of any changes that are requested or
49.4.2.4.6 Colorado State Department of Highways. that have occurred since the issuance of the DOMESTIC
SEPTIC SLUDGE Permit: -
49,4,2,4,7 Colorado State Engineer or appropriate
water district or municipality, - 49.6.1.3 The number of gallons of DOMESTIC SEPTIC SLUDGE k-e-be
applied per acre;
49.4,2.4.8 Any irrigation ditch company with
facilities on or adjacent to the parcel 49.6.1.4 The analysis of previously applied DOMESTIC SEPTIC
under consideration for a Domestic SLUDGE;
Sewage Sludge Permit.
49.6.1.5 Evidence showing that the DOMESTIC SEPTIC SLUDGE meats
49.4.2.4.9 Any other agencies or individuals whose the criteria established by Section 49.2 of this
review the Environmental Protection Ordinance.
` Services may deem.necessary.
49.6.1.6 A soil analysis of the site. The soil analysis shall
49.4.2.5 Prepare a staff recommendation for use by the Board of
have been done within 60 days of the submittal for
Health addressing all aspects of the application, its renewal; and
conformance with the standards contained in this
Ordinance and comments received from agencies to which 49.6.1.7 Any additional information as may be required by the
the proposal was referred. Environmental Protection Services or Board of Health in
order to determine that the renewal application meets
the requirements of this Ordinance•
49.5 Duties of the Weld County Board of.Health. -
49.5.1 The Weld County Board of Health shall hold a public
49.6.2 Duties of the Environmental Protection Services
hearing to consider the application and shall either
issue or deny.all or any portion of the DOMESTIC SEPTIC 49.6.2.1 The Weld County Environmental Protection Services
SLUDGE Permit. In making a decision on the proposed shall be responsible for processing ell applications
DOMESTIC SEPTIC SLUDGE Permit,the Board shall consider for the renewal of DOMESTIC SEPTIC SLUDGE Permits of in
the recommendation of the Environmental Protection the
and unincorporated
corporatedProtactiou Services n for The
eduties a
Services, facts presented at the public hearing. e Environmental
the infozmatlan contained in the official record,which DOMESTIC SEPTIC SLUDGE Permit renewal shall bathe sea
_ includes the Environmental Health Protection Services'
as outlined in of the ion 49.4 EnviroMefthis
ntal Ordinance Services
case file. The Board shall approve all or any p A; ce and
o..y mU { gMC BLUDGfi Permit unless it finds uP�'-the re rement�s�li a "or-any MI on df the
that the appIlca:5S
standards or conditions of Section 49.5.1 1 through permit may be waived when a DOMESTIC SEPTIC SLUDGE
49.5.1.9. The applicant has the burden of proof to Permit is considered for renewal based
on he
show that the standards and conditions of Sections remoteness, nature of the sludge,
of
the soil, type of.crop, enforcement actions, and prior
demons.1 through 49.3.1.9 are met. The applicant shall public comments or camplainta.. -
demonetrate: by ect
49.3.1.1 Thjethe n septic
sludge will
ilapPlieatioud with either lmmediats 49.6.3 Duties of the Weld County Board of Health.
incorporation into the soil; -
49.6.3.1 The duties of the Weld County Board of Health for
considering a renewal of a DOMESTIC SEPTIC SLUDGE
49.5.1.2 That
weathert monthswhen£injection or disposal eincorporatiou ate Pelt shall be the same.as outlined in Section 49.5 of
' not possible; this Ordinance., ,
49,5.1.3 .That a minimum of 60 feet from county roads will be
maintained.when off-loading; 49.7 Violations
- -- --.fa.' .wall an implication site nave an odor 49.7.1 Weld County thr000h its Board of Health, Publictlee
y
of .Sleet£bat. 69c es7aloe ::.0rdinapco_sasd Wa..:.arse
tequireeaats. Ind Conditipw of an typroved DOMESTIC,
SEPTIC SLUM Pont Om* ■ethods ineluded in this
Ordinance or. throogit .other mathods 'dented by.
resolution or ordinance by the Board of County
Commissioners. Failure to abide by such tares,
requirements, and conditions may result in a revocation
of the DOMESTIC SEPTIC SLUDGE Permit.
If any section, subsection, paragraph,'-sentence, clause or phrase of this
ordinance is for any reason held or decided tobe invalid or unconstitutional,
such decision shall not affect the validity of the remainineportlon. TherBoard
of County Commissioners hereby declares that it would have passed the Ordinance,
aid 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. -
pin 16
BE: ORDINANCE 89-U - ZONING ORDINANCE
The above and foregoing Ordinance No 89-U wee, on motion duly made as
seconded, adopted by the following vote on the _day of_. A.D., 1991.
BOARD OF COUNTY CONNISSIOHERS
g?TESTt WELD COs, COLORADO.
Weld County Clerk to the Board Gordon E. Lacy. Chairman -
ry:
Deputy Clerk to the Board George Kennedy, Pro-Tem
MPROVED AS TO FORM:
Constance L. Harbert
County. Attd_iney _
C.W. Kirby
W.H. Webster
FIRST READING: April 24, 1991
PUBLICATION: May 2, 1991
SECOND READING: May 13, 1991
PUBLICATION: May 16. 1991
FINAL READING: May 29. 1991
PUBLICATION: Jos i.. 1181
Effective date: JasI U, IM1
NOTICE OF PUBLIC HEARING
Docket No. 91-19
The Board of County Commissioners of Weld County, Colorado, will conduct a public
hearing at 10:00 A.M. , on Wednesday, April 24, 1991, in the Chambers of the Board
of County Commissioners of Weld County, Colorado, Weld County Centennial Center,
916 10th Street, First Floor, Greeley, Colorado, for the purpose of considering
an amendment to the Weld County Zoning Ordinance as summarized below:
Amend Section 10 to add definitions for Domestic Septic Sludge and
Suitable Soil. Add new Sections 31.2.23 and 49 that will establish
new requirements for the disposal of domestic septic sludge in the
Agricultural Zone District in the unincorporated areas of Weld
County.
All persons in any manner interested in the proposed amendment to the Weld County
Zoning Ordinance are requested to attend and may be heard.
Materials pertaining to the proposed amendment are available for public
inspection in the office of the Clerk to the Board of County Commissioners,
located in the Weld County Centennial Center, 915 10 Street, Third Floor,
Greeley, Colorado, Monday through Friday, 8:00 A.M. to 5:00 P.M.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: Carol Harding, Deputy
DATED: March 18, 1991
PUBLISHED: March 21, 1991, in The New News
En
STATE OF COLORADO )
COUNTY OF WELD )
David H. Reynolds, being duly sworn,
says that he is publisher of
The New News, a weekly newspaper
published in Keenesburg in said County
and State; that said newspaper has a
general circulation in said County
C HEARING
and has been continously and NoglcE�keUBL1 t No.91--19
uninterruptedly published therein, The Board of amts
during a period of at least Commissioners of Weld Caunv,
Cobirado, will conduct a 4nbhc
fifty—two consecutive weeks prior t0 hearing at �0°� ly"yll'in the
the first publication of the annexed W` a1'
P Chambcrg of e B Wc�{CuwLL5
Conmdsmonara of
notice; that said newspaper is a Colorado, Wcld Ceunt))' Cent Fi sl
Center, 916 lOtb Street,
newspaper within the meaning of the Floor, Orcetos, Colorado, for an
act of the General Assembly of the ;,,,,�°d`„dmentelto theWei
e�nu
State of Colorado,• entitled "An Act below:
zanng ordinance as amine rzed
to regulate the printing of legal ,�nitio scum 19 w and
definitions Section pon10 Sc be
u Sludge and Suitable Soil, ret
notices and advertisements, and lief Sections 51.2.29 and.
va establish new requiremepnts
amendments thereto; that the notice for the disposal of rddomesti l ie
of which the annexed is a printed awe min the �
p slat m the uulthra orated
areas of Wcid Comdr. nwWUter
copy taken from said newspaper, was aAn hum". to we�fre�waea
he
published in said newspaper, and in interested Ye the w 't'
uilding Code Ordinance are
the regular and entire issue of sep kaud to atte ul and nw1 be
every number thereof , 4Aelcrala pertaauq '
9nwUdrnem�v:
a office
'r Vthe Cle7c iu�Bit
once a week for I , Boardhc County Commissioners,
'Waled m- the -Weld rtie t
successive weeks; that said notice -CentennialCenter,91510t_or .tte,
was so published in said newspaper M�la1F�uughFridai, :eA•hl
proper and not in any supplement to 5:00 P.M. BOARD OF COUNTY
thereof , and that the first tofabnsLOREfu
WELD
DCONALD'D WARDEN
publication of said notice as WELD COUNTY CLERIC TO
THE BOAD
aforesaid , was on the BY: Carol Harding,Deputy
DATED: March 19,1991
PUBLISHED: March 21, 1991, im ,
1 day of (Th wA--eh , 19 G I , The New News
and the last on the day of
M.-0\ a 19
Subscribed and sworn to fore
me this 2'7 day of hk 6A <Q ,
A0071.1,1.41.-- N. Allrti Gin. n.)
h'�jC rir,q,, , �••
tr t‘,V
DEPARTMENT OF PLANNING SERVICES
ii\\. 1Plie PHONE(303)356-4000,EXT.4400
wilp
915 10th STREET
G REELEY,COLORADO RADO 80631
C.
COLORADO
NOTICE OF PUBLIC HEARING
The Weld County Planning Commission will conduct a public hearing at 1:30 p.m. ,
on Tuesday, April 2, 1991, in the County Commissioners' Hearing Room, First
Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, for
the purpose of amending the Weld County Zoning Ordinance as summarized below:
Amend Section 10 to add definitions for Domestic Septic Sludge and Suitable Soil.
Add new Sections 31.2.23 and 49 that will establish new requirements for the
disposal of domestic septic sludge in the Agricultural zone district in the
unincorporated areas of Weld County.
All persons in any manner interested in the proposed amendments to the Weld
County Zoning Ordinance are requested to attend and may be heard.
Materials pertaining to the proposed amendments are available for public
inspection in the office of the Department of Planning Services , Room 342, Weld
County Centennial Center, 915 Tenth Street, Greeley, Colorado, 80631 - Phone -
356-4000, Extension 4400.
Jerry Kiefer, Chairman
Weld County Planning Commission
To be published in the New News
To be published one (1) time by March 21, 1991.
Received by:
Date:
STATE OF COLORADO )
)s.s.
COUNTY OF WELD )
David B. Reynolds, being duly sworn ,
says that he is publisher of
The New News, a weekly newspaper
published in Keenesburg in said County
and State; that said newspaper has a
general circulation in said County
and has been continously and .N'OTIC'E OF PUBLIC HEARING
uninterruptedly published therein,
during a period of at least ��yGn.�m r�,irs
a,•ng at 1:30 p.n,. on •Piti u.t fifty—two consecutive weeks prior to April 3 1991, a,' the Cants
P Cwwuissimers Hearing Buwu the first publication of the annexed First Flour Weld Coma.t'
Centennial Center 915 T nth
notice; that said newspaper is a street. Greeley, Caimado fur tta
newspaper within the meaning of the Count c or Zoning hig an weld
sw,uuarizs h' O'vti"mice as
act of the General Assembly of the der lions bcOnx.
defi,aua„ase�°"pw;°aue°stadd
State of Colorado,, entitled "An Act sea a and liar= pp
to regulate the printing of legal 'me•hts is 312.73 end a Ants
xia�establish uex requirements
�� g sludge � in?
dmuestic septic
nOt1C@S and advertisements, andAgricultural ated aeasdistrict h, the- unincorporated amendments thereto; that the notice Matuiaf Weld rtaimn
props ials pmYendm to the
of which the annexed is a printed available for putitic inspection lit
copy taken from said newspaper, was the office of the Department of
t4 'Services, oom 313,
published in said newspaper, and in slsa Tentth Centennial al" 3or11•r,
Colorado, 80611 Street,e -C.gp 06p:
the regular and entire issue of Extension 1160•
every number thereof, Jen Kiefer Chairman
Weld Comb Planum Cwmuisaimi
To be pabhsla:d in rile Neu NutsTo W abiished mn ql time b}
once a week for
successive weeks; that said notice r"" ' neck IL f f h' Ti
c
was so published in said newspaper
proper and not in any supplement
thereof , and that the first
publication of said notice as
aforesaid, was on the
ill day of 10 AA-T-h , 19 91 1 ,
•
and the last on the d) day of
0-A-c4. , 19
Subscribed and savor t before ;' � �
tr ••rra, ,, v , f
me this �`4day of {ha-.04 App 0 1 19411
19 sole
no, �? 4_„, ,,,..-_,
� IS co.Min
DS"
Cori 1 ,,.,.
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD 6`-COUNTY COMMISSIONERS
Moved by Ann Garrison that the following resolution be introduced for passage by
the Weld County Planning Commission. Be it resolved by the Weld County Planning
Commission that the proposed amendments to Sections 10, 31, and 49 of the Weld
County Zoning Ordinance be recommended favorably to the Board of County
Commissioners for the following reasons:
1. The existing Zoning Ordinance is in need of revision.
2. The proposed sections will be consistent with the future goals and needs of
the County as set out in the Weld County Comprehensive Plan.
3. The proposed amendments will be consistent with the overall intent of the
Weld County Zoning Ordinance.
4. The Weld County Health Department and Board of Health have recommended
approval of the proposed amendments.
Motion seconded by Don Feldhaus.
VOTE:
For Passage Against Passage
Richard Kimmel
Ann Garrison
Don Feldhaus
Judy Yamaguchi
Bud Clemons
Jerry Kiefer
The Chairman declared the resolution passed and ordered that a certified copy be
forwarded with the proposed amendments to the Board of County Commissioners for
further proceedings.
CERTIFICATION OF COPY
I, Sharyn Ruff, Recording Secretary of the Weld County Planning Commission, do
hereby certify that the above and foregoing Resolution is a true copy of the
Resolution of the Planning Commission of Weld County, Colorado, adopted on April
2, 1991.
Dated the 3(rd of ril, 1991
haryn .Ruff
Secretary
� f' MEMORAnDum
IYi`,P Weld County Planning Commission April 2, 1991
To Date
Chuck Cunliffe
COLORADO From l "��s���
Proposed Amendments to Sectio 10, 31, and 49 of the
Subject: Weld County Zoning Ordinance
The Department of Planning Services recommends that the proposed amendments
be approved for the following reasons:
1. The existing Zoning Ordinance is in need of revision.
2. The proposed sections will be consistent with the future goals and
needs of the County as set out in the Weld County Comprehensive Plan.
3 . The proposed amendments will be consistent with the overall intent of
the Weld County Zoning Ordinance.
4. The Weld County Health Department and Board of Health have recommended
approval of the proposed amendments.
I,6° mEMORAnDum
Wilk Planning CommissionApril 2, 1991
To Date Department of Planning Servicese _clIsLii:_,
COLORADO From
Proposed amendments to Sections 10, 31, an 9 of the
Subject:
Weld County Zoning Ordinance
The amendments are summarized below.
Section 10
Establishes definitions for Domestic Septic Sludge and Suitable Soil.
Section 31. 2.23
Establishes the disposal of domestic septic sludge as a use by right in the
Agricultural zone district subject to additional permit requirements.
Section 49
Establishes minimum permit requirements for the disposal of domestic septic
sludge in the unincorporated areas of Weld County.
freo
MEMORAnDum
To Department of Planning Date MarcY_27, to
O
COLORADO From Tom Cope - Chai rman, Weld County Advisory Ana of H 1 t
Subject Proposed Septic Sludge Regulations
The Weld County Board of Health reviewed the proposed Domestic Septic Sludge
Regulations at their regular meeting on March 26, 1991.
The Board finds that the proposed regulation is well conceived and needed in Weld
County. This permit process will provide an Environmentally safe and
ecologically sound method of disposal for Septic Sludge Wastes.
The Board recommends that the Weld County Commissioners approve and implement the
regulation as submitted.
WP/lam-11
PROPOSED AMENDMENTS TO THE WELD COUNTY ZONING ORDINANCE
Amend Section 10 by adding definitions for DOMESTIC SEPTIC SLUDGE and
SUITABLE SOIL to read:
DOMESTIC SEPTIC SLUDGE: Liquid, semi-liquid, or solid waste pumped from
septic tanks, vaults, waste holding tanks and similar structures which
would be pumped and transported for final disposal by a licensed Weld
County septic tank cleaner. This definition does not include hazardous
waste, industrial waste which is toxic or hazardous, infectious , highly
putrescible, or waste that contains more than 1% petroleum hydrocarbons by
volume. Septic sludge under this definition may not contain more than 15%
raw sewage by volume.
SUITABLE SOIL: A soil which will effectively filter effluent by removal
of organisms and suspended solids before the effluent reaches any highly
permeable earth such as joints in bedrock, gravels or very coarse soils
and which has percolations slower than 5 mpi. and has a vertical thickness
of at least five feet beneath the plow line of the site.
Add a new Section 31.2.23 to read:
Disposal of DOMESTIC SEPTIC SLUDGE subject to the additional requirements
of Section 49 .
Add a new Section 49 to read:
49 DOMESTIC SEPTIC SLUDGE Regulations
49.1 Intent and Applicability
49.1.1 The intent of the DOMESTIC SEPTIC SLUDGE Permit
procedure is to ensure that the quality of waste
discharged on land in Weld County for beneficial
uses is applied in a manner which will protect and
promote the health, safety, convenience, and
general welfare of the present and future
residents of WELD COUNTY.
49.1.2 A DOMESTIC SEPTIC SLUDGE Permit shall be required
for the discharge or disposal of DOMESTIC SEPTIC
SLUDGE in the unincorporated areas of Weld County.
49.1. 3 Any contiguous parcel, or any number of
noncontiguous parcels which are owned by the same
individual or group of individuals may be
permitted under one DOMESTIC SEPTIC SLUDGE Permit.
However, the required evaluations, analysis
results, and fees shall be submitted for each 160
acres or fraction thereof.
1
49.1.4 DOMESTIC SEPTIC SLUDGE disposal sites and
facilities that have been issued a Certificate of
Designation are exempted from the provisions of
Section 49 of this Ordinance.
49.1.5 Any person filing an application for a DOMESTIC
SEPTIC SLUDGE Permit shall comply with the COUNTY
procedures and regulations in this Ordinance.
49.1.6 Applications for a DOMESTIC SEPTIC SLUDGE Permit
shall be completed as set forth in Section 49.2 ,
Application Requirements. The completed
application and application fee shall be submitted
to the Weld County Environmental Protection
Services.
49. 1.7 A DOMESTIC SEPTIC 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
SEPTIC SLUDGE Permit is issued shall require a new
application under the provisions of Section 49 of
this Ordinance. The 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.
49.1.8 The Board of County Commissioners hereby delegates
the authority to review, issue, and revoke
DOMESTIC SEPTIC SLUDGE Permits to the Weld County
Board of Health, the Public Health Officer, and
the Environmental Protection Services as set forth
in this Ordinance.
49.2 Operating Standards for DOMESTIC SEPTIC SLUDGE Permits
49.2.1 An applicant for a DOMESTIC SEPTIC SLUDGE permit shall
demonstrate conformance with the following operation standards
prior to incorporation of the DOMESTIC SEPTIC SLUDGE into the
soil and shall continue to meet these standards if the DOMESTIC
SEPTIC SLUDGE permit is approved.
49.2.1.1 DOMESTIC SEPTIC SLUDGE shall not be landspread on
saturated soil during precipitation events.
2
49.2.1.2. No DOMESTIC SEPTIC SLUDGE shall be applied in a
quantity which would result in the DOMESTIC SEPTIC
SLUDGE running off the application site identified
in the Septic Sewage Sludge permit.
49.2.1. 3 No DOMESTIC SEPTIC SLUDGE shall be applied in a
manner which results in ponding of the septic
sludge.
49.2.1.4 A DOMESTIC SEPTIC SLUDGE application site shall
not be irrigated within 24 hours after DOMESTIC
SEPTIC SLUDGE application has taken place.
49.2.1. 5 No DOMESTIC SEPTIC SLUDGE shall be applied to land
which is currently receiving DOMESTIC SEWAGE
SLUDGE from a wastewater treatment plant, has
received such wastes within the previous 18
months, or is permitted for such use under Section
49 of this Ordinance.
49. 2.1.6 Root crops or table crops, when intended for
direct human consumption, shall not be grown on
land which has received DOMESTIC SEPTIC SLUDGE
application within the previous 18 months.
49.2.1.7 Grazing by livestock shall not be allowed within 6
weeks of any DOMESTIC SEPTIC SLUDGE application.
49.2.1.8 Public access to septic sludge application sites
shall be restricted during the life of the permit
and for a period of eighteen (18) months after the
last application. Access shall be restricted by
the remote locations, fencing, or posting of the
site to minimize human contact with DOMESTIC
SEPTIC SLUDGE.
49.2.1.9 DOMESTIC SEPTIC SLUDGE shall be applied uniformly
be either subsurface injection or on-surface
deflection. If applied on the surface, a
deflector must be used on the discharge tube of
the vehicle to sufficiently spread septic sludge
at a maximum rate of 0.11 gal/square ft.
49.2.1.10 DOMESTIC SEPTIC SLUDGE applied on the surface
shall be incorporated into the soil within 12
hours of application.
49.2.1.11 Annual DOMESTIC SEPTIC SLUDGE application rates
shall not exceed 25,000 gallons per acre per year.
49.2.1. 12 No DOMESTIC SEPTIC SLUDGE shall be applied:
3
49.2.1. 12. 1 Within a minimum of 500 feet of a residence,
business, or recreational area;
49.2.1. 12.2 Within a minimum of 50 feet of the property line
of the disposal site;
49.2.1.12.3 Without the depth of the annual high groundwater
level having been established as greater than 7
feet in depth;
49.2.1.12.4 Within 500 feet of the wellhead of a well
supplying water for human consumption;
49.2.1.12.5 Within 100 feet of the wellhead of any water well;
49.2.1.12.6 On a land located upgradient, and within one mile,
of the point at which surface waters are diverted
for use in a public water system;
49.2.1.12.7 Within the boundaries of a 100-year floodplain;
49.2.1. 12.8 On land within 300 feet of any body of surface
water;
49.2.1. 12. 9 On land within 50 feet of a dry streambed; and
49.2.1.12.10 On land having a trace element level that equals
or exceeds the following maximum cumulative
standards.
Trace element lb/Acre
Cadmium 5
Copper 125
Lead 350
Nickel 50
Zinc 250
49.2.13 Soil sampling shall be conducted prior to septic
sludge application at the site and annually
thereafter.
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49.2.14 Soil samples shall be analyzed per the following
schedule:
Parameter Units
Soil, texture
pH pH units
CEC* meg/100g**
Nitrate as N ppm***
Phosphorus ppm
Potassium ppm
Sodium ppm
Cadmium ppm
Copper ppm
Lead ppm
Nickel ppm
Zinc ppm
* Cation exchange capability
** Milliequivalents per one hundred grams
*** Parts per million
49.2.15 The owner or operator of record of the property
for land application of DOMESTIC SEPTIC SLUDGE
shall be responsible for maintaining the following
records:
49.2.15.1 A record of all persons or entities transporting
and disposing of DOMESTIC SEPTIC SLUDGE to the
site;
49.2.15.2 Daily records to show all loads received and
disposed at the site;
49.2.15 . 3 Transporter log records and invoice records
maintained by the operator on site which shall
contain, at a minimum, the following information:
49.2. 15.3.1 Name of licensed septic cleaner pumping the
system;
49.2.15.3.2 Name and address and location of septic system
serviced;
49.2.15.3.3 Date and time of servicing;
49.2. 15. 3.4 Type of system and description of all wastes
pumped;
49.2.15.3.5 Gallons collected;
49.2 .15.3.6 Disposal location; and
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49.2.15.3. 7 Date and time of disposal.
49.2.15.4 All records shall be kept on file and available
for inspection for a period of four (4) years from
the point in time when the first application
occurs at the site.
49. 2.15.5 All persons transporting DOMESTIC SEPTIC SLUDGE in
Weld County shall be licensed as a septic cleaner
pursuant to the Weld County Individual Sewage
Disposal Regulations.
49.2.16 All DOMESTIC SEPTIC SLUDGE applied at permitted
sites shall be tested for and demonstrated not to
exceed the following parameters:
Parameters Maximum Load
Cadmium 1 mg/1
Copper 10.5 mg/1
Lead 5.0 mg/1
Nickel 1.0 mg/1
Zinc 30 mg/1
49.2.16.1 Composite samples of DOMESTIC SEPTIC SLUDGE from
different septic tanks may be tested to determine
the character of the sludge. Composite samples
shall be taken in a manner that provides for a
good representation of all DOMESTIC SEPTIC SLUDGE
included.
49.3 Application Requirements for a DOMESTIC SEPTIC SLUDGE Permit
49.3.1 The purpose of the application is to give the
applicant an opportunity to demonstrate through
written and graphic information how the proposal
complies with the standards of this Ordinance.
The following supporting documents shall be
submitted as a part of the application:
49.3.1. 1 The following general information shall be on a
form provided by the Environmental Protection
Services:
49.3.1.1.1 Name, address, and telephone number of the
DOMESTIC SEPTIC SLUDGE transporter and applicator;
49.3.1.1.2 Name and address of the property owners proposed
for the DOMESTIC SEPTIC SLUDGE Permit if different
from above;
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49.3.1.1.3 A legal description of the property where the
DOMESTIC SEPTIC SLUDGE is to be applied;
49.3. 1.1.4 Total acreage of the property under consideration;
49.3.1.1.5 Existing land USE of the property under
consideration;
49.3.1.1.6 Existing land USES of all properties ADJACENT to
the property under consideration;
49.3. 1.1.7 Present zone and overlay zones, if appropriate;
and
49. 3.1.1.8 Signatures of the transporter applicator, and
property owners or their authorized legal agent.
49.3.1.2 Hydrologic data pertaining to the site including:
49.3. 1.2.1 The location and depth of all wells within one
mile, depth to water, water use, yield, and an
evaluation of impact of the proposed application
on the groundwater;
49.3.1. 2.2 Location of all lakes, rivers, streams, springs,
and bogs within one mile of the site; and
49. 3.1.2.3 The depth to the annual high groundwater table.
49.3.1.3 Soils data pertaining to the site including:
49. 3.1.3.1 Soils classification of each field as mapped or
described by the U.S. Department of Agriculture,
Soil Conservation Service or equivalent.
49. 3.1.3.2 Soil test data including the following parameters:
49.3. 1.3.3 Soil test data demonstrating that five feet of
SUITABLE SOIL will exist at all sludge application
sites between the plowline and the top of the high
ground water table.
49.3 .1.4 An operation and management plan for the site
including:
49. 3.1.4.1 Methods of DOMESTIC SEPTIC SLUDGE application and
incorporation;
49. 3.1.4.2 Any provisions for storage of DOMESTIC SEPTIC
SLUDGE at the site including type of storage and
spill containment and clean-up procedures;
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49.3.1.4.3 Types and use of all crops grown on the site
during and for 18 months after cessation of
DOMESTIC SEPTIC SLUDGE application; and
49.3. 1.4.4 A schedule of DOMESTIC SEPTIC SLUDGE application,
harvesting, and fallowing of crop lands;
49.3. 1.5 Irrigation methods and schedule for the site.
49. 3.1.6 The number of gallons of DOMESTIC SEPTIC SLUDGE to
be applied per acre.
49.3.1.7 Results of piezometric tube monitoring, test bores
or other groundwater level monitoring results
verifying the annual high groundwater level at the
minimum depth which occurs on the site.
49. 3.1.8 Results of test bores or other results verifying
the minimum depth to bedrock which occurs on the
site.
49. 3.1.9 Alternate sludge disposal plans, the name and
address of the disposal site, the name and address
of any operator, and a copy of the contract.
49.3. 1.10 A written statement demonstrating the applicant's
ability to apply DOMESTIC SEPTIC SLUDGE either by
direct injection or surface application with
immediate incorporation into the soil.
49.3.1. 11 A written statement demonstrating that the
applicant has alternate methods of disposal
available during cold weather months when
injection or incorporation is not possible.
49. 3.1.12 A written statement demonstrating that the
applicant can and will off-load a minimum of 60
feet from county roads.
49. 3.1.13 A written statement demonstrating that at no time
will an application site have an odor reading of
greater than 7:1 dilution/threshold as measured
according to Regulation #2 of the Colorado Air
Quality Control Regulations.
49.3.1. 14 A written statement demonstrating that the
applicant has the ability to prevent, control, and
abate spillage.
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49.3.1.15 A written statement demonstrating that the
applicant can and will handle, store, and dispose
of DOMESTIC SEPTIC SLUDGE in a manner that
controls fugitive dust, blowing debris, odor and
other potential nuisance conditions.
49.3.1. 16 A written statement demonstrating how the proposed
USE will be compatible with the existing
surrounding land uses.
49.3.1. 17 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.
49.3.1.18 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.
49. 3.1.19 A map that shows and complies with the following
requirements:
49.3.1.19.1 The minimum size of the map shall be 18 inches by
24 inches;
49.3.1. 19. 2 The scale shall be one inch equals 200 feet or
another suitable scale approved by the
Environmental Protection Services;
49.3.1. 19. 3 Section, township, and range;
49. 3. 1.19.4 North arrow;
49. 3.1.19.5 Outline of the perimeter of the property under
consideration;
49.3 . 1. 19.6 The location and names of all roads abutting the
property under consideration;
49.3. 1.19.7 The location and name of any water features or
irrigation ditches within the perimeter of the
property under consideration;
49.3. 1.19.8 All existing and proposed STRUCTURES on the
property under consideration; and
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49.3. 1.19.9 The location of all occupied DWELLINGS within a
one mile radius of the property under
consideration.
49.3.1.20 Any additional information as may be required by
the Environmental Protection Services or Board of
Health in order to determine that the application
meets the requirements of this Ordinance.
49. 3.1.21 The number of copies required for processing the
application. The exact number of copies shall be
determined by the Environmental Protection
Services.
49.4 Duties of the Environmental Protection Services.
49.4.1 The Weld County Environmental Protection Services
shall be responsible for processing all
applications for DOMESTIC SEPTIC 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.
49.4.2 Upon determination that the application submittal
is complete, the Environmental Protection Services
shall:
49.4.2.1 Set a Weld County Board of Health hearing date not
more than forty-five (45) days after the complete
application has been submitted.
49.4.2.2 Arrange for legal notice of the Board of Health
hearing to be published in the newspaper
designated by the Board of County Commissioners
for publication of notices. At the discretion of
the Environmental Protection Services, a second
notice may be published in a newspaper which is
published in the area in which the DOMESTIC SEPTIC
SLUDGE Permit is proposed. Failure to publish the
second notice shall not create a jurisdictional
defect in the hearing process. The date of
publication shall be at least ten (10) days prior
to the hearing.
49 .4.2.3 Provide a sign for the applicant to post on the
property under consideration for a Domestic Septic
Sludge Permit. The sign shall be posted adjacent
to and visible from a publicly maintained road
right-of-way. In the event the property under
consideration is not adjacent to a publicly
maintained road right-of-way, the applicant shall
post one sign in the most prominent place on the
property and post a second sign at the point at
which the driveway (access drive) intersects a
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publicly maintained road right-of-way. The sign
shall be posted by the applicant, who shall
certify that the sign has been posted for the ten
(10) days preceding the hearing date. The sign
shall show the following information:
49.4.2.3.1 DOMESTIC SEPTIC SLUDGE Permit number;
49.4.2. 3.2 Date and place of Public Hearing;
49.4.2.3.3 Location and phone number of the public office
where additional information may be obtained;
49.4.2.3.4 Applicant's name;
49.4.2.3.5 Size of parcel of land; and
49.4.2.3.6 Type of request.
49.4.2.4 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 COUNTY. The failure of any agency to respond
within fourteen (14) days may be deemed to be a
favorable response to the COUNTY. The reviews and
comments solicited by Weld County are intended to
provide the COUNTY with information about the
proposed DOMESTIC SEPTIC SLUDGE Permit. The
Environmental Protection Services may consider all
such reviews and comments and may solicit
additional information if such information is
deemed necessary. The reviews and comments
submitted by a referral agency are recommendations
to the COUNTY.
49.4.2.4.1 The Planning Commission or Governing Body of any
town and county whose boundaries are within a
three (3) mile radius of the parcel under
consideration for a DOMESTIC SEPTIC SLUDGE Permit.
49.4.2.4.2 The Planning Commission or Governing Body of any
city or town that has included the parcel in its
MASTER PLANNING area.
49.4. 2.4.3 Weld County Department of Planning Services.
49.4.2.4.4 Weld County Department of Engineering Services.
49.4.2.4.5 Colorado Department of Health.
49.4.2.4.6 Colorado State Department of Highways.
49.4.2.4.7 Colorado State Engineer or appropriate water
district or municipality.
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49.4.2.4.8 Any irrigation ditch company with facilities on or
adjacent to the parcel under consideration for a
Domestic Sewage Sludge Permit.
49.4.2.4.9 Any other agencies or individuals whose review the
Environmental Protection Services may deem
necessary.
49.4.2.5 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.
49.5 Duties of the Weld County Board of Health.
49.5. 1 The Weld County Board of Health shall hold a
public hearing to consider the application and
shall either issue or deny all or any portion of
the DOMESTIC SEPTIC SLUDGE Permit. In making a
decision on the proposed DOMESTIC SEPTIC SLUDGE
Permit, the Board shall consider the
recommendation of the Environmental Protection
Services, facts presented at the public hearing,
and the information contained in the official
record, which includes the Environmental Health
Protection Services' case file. The Board shall
approve all or any portion of the DOMESTIC SEPTIC
SLUDGE Permit unless it finds that the applicant
has not met one or more of the standards or
conditions of Section 49.5.1. 1 through 49.5.1.9.
The applicant has the burden of proof to show that
the standards and conditions of Sections 49.5.1.1
through 49.5.1.9 are met. The applicant shall
demonstrate:
49.5.1.1 That the septic sludge will be applied either by
direct injection or surface application with
immediate incorporation into the soil;
49.5.1.2 That alternate methods of disposal are available
during cold weather months when injection or
incorporation are not possible;
49.5.1.3 That a minimum of 60 feet from county roads will
be maintained when off-loading;
49.5.1.4 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;
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49.5.1.5 That the ability to prevent, control, and abate
spillage of septic sludge shall be maintained;
49.5.1.6 That the methods of handling, storage, and
disposal of the DOMESTIC SEPTIC SLUDGE shall
control fugitive dust, blowing debris, odor and
other potential nuisance conditions;
49.5.1.7 That the USE will be compatible with the existing
surrounding land USES;
49.5. 1.8 That the 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; and
49. 5.1.9 That there is adequate provision for the
protection of the health, safety, and welfare of
the inhabitants of the NEIGHBORHOOD and the
COUNTY.
49.5.2 Where reasonable methods or techniques are
available to mitigate any negative impacts which
could be generated by the approval of the DOMESTIC
SEPTIC SLUDGE Permit upon the surrounding area,
the Board of Health may condition the decision to
approve all or any portion of the permit upon
implementation of such methods or techniques and
may require sufficient performance guarantees to
be posted with the COUNTY to guarantee such
implementation.
49.5.3 Upon the Board of Health making its decision on
the DOMESTIC SEPTIC 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.
49.5.4 If the Board of Health determines that the
applicant has not met the standards or conditions
of Sections 49.5.1.1 through 49.5.1.9 and denies
all or any portion of a DOMESTIC SEPTIC 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 County Commissioners using the notice
requirements of Sections 49.4.2.2 and 49.4.2.3 and
notifying anyone who testified at the Board of
Health's hearing. The Board of County
Commissioners will consider the application and
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determine if the applicant has met the standards
or conditions of Sections 49.5.1.1 through
49.5.1.9. The Board of County Commissioners may
reverse, affirm, or modify the Board of Health's
decision.
49.6 DOMESTIC SEPTIC SLUDGE Permit Renewal Application.
49.6.1 The purpose of the renewal application is to give
the applicant an opportunity to demonstrate
through written and graphic information how the
renewal 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 portion of a DOMESTIC SEPTIC
SLUDGE Permit:
49.6.1. 1 A renewal application form as provided by the
Environmental Protection Services;
49.6.1.2 An explanation of any changes that are requested
or that have occurred since the issuance of the
DOMESTIC SEPTIC SLUDGE Permit;
49.6.1.3 The number of gallons of DOMESTIC SEPTIC SLUDGE to
be applied per acre;
49.6. 1.4 The analysis of previously applied DOMESTIC SEPTIC
SLUDGE;
49 .6.1.5 Evidence showing that the DOMESTIC SEPTIC SLUDGE
meets the criteria established by Section 49.2 of
this Ordinance.
49 .6.1.6 A soil analysis of the site. The soil analysis
shall have been done within 60 days of the
submittal for renewal; and
49.6.1.7 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.
49.6.2 Duties of the Environmental Protection Services
49.6.2.1 The Weld County Environmental Protection
Services shall be responsible for processing all
applications for the renewal of DOMESTIC SEPTIC
SLUDGE Permits in the unincorporated areas of Weld
County. The duties of the Environmental
Protection Services for processing a DOMESTIC
SEPTIC SLUDGE Permit renewal shall be the same as
outlined in Section 49.4 of this Ordinance. At
the discretion of the Environmental Protection
Services upon the request of the permittee, the
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notice and posting requirements on all or any
portion of the permit may be waived when a
DOMESTIC SEPTIC SLUDGE Permit is considered for
renewal based upon the remoteness, nature of the
sludge, characteristics of the soil, type of crop,
enforcement actions, and prior public comments or
complaints.
49.6.3 Duties of the Weld County Board of Health.
49.6.3.1 The duties of the Weld County Board of Health for
considering a renewal of a DOMESTIC SEPTIC SLUDGE
Permit shall be the same as outlined in Section
49.5 of this Ordinance.
49.7 Violations
49.7.1 Weld County through its Board of Health, Public
Health Officer, Environmental Protection Services,
or other departments so authorized, may enforce
the provisions of Section 49 of this Ordinance and
the terms, requirements, and conditions of an
approved DOMESTIC SEPTIC 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 SEPTIC
SLUDGE Permit.
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