HomeMy WebLinkAbout670199.tiffCOLORADO
PUBLIC HEALTH
4210 -EAST 11TH AVENUE • DENVER, COLORADO 80220 • PHONE 388-6111
R. L. CLEERE, M.D., M.P.H., DIRECTOR
July 17, 1967
Chairman, Board of County Commissioners
Weld County
Greeley, Colorado 80631
Dear Sir:
As you knot, the last session of the Legislature passed Senate Bill
225, pertaining to solid waste disposal. -This bill provides that.County
Commissioners shall designate sites for disposal_of solid waste in
unincorporated areas, and establishes th-o_basT s._ for consideration of
requests -for designation of -solid waste disposal sites. It was presumed
that city and town councils have authority to designate sites for solid
waste disposal within their corporate boundaries.
The Act further provides that this Department shall establish
sanitary standards for operation of solid waste disposal sites within this
state. Staff recommendations for regulations of this Department will be
presented to the State Board of Health for adoption at a meeting in the
near future.
We have developed some preliminary proposals for -these regulations and
are enclosing a copy for your information. We would appreciate knowing of
any comments or suggestions that you may have pertaining to these by August
1, 1967. We will try to take into consideration your comments and suggestions
in developing our final proposals for regulations of this Department.
We have been requested by soine of the county officials to provide some
advisory assistance to the County Commissioners concerning their responsi—
bility under this_solid waste act. We have developed some guidelines for
this purpose. Some counties have suggested that perhaps the County
Commissioners would want to adopt a resolution pertaining to the -processing
of applications for designation for solid waste disposal sites. These
suggested guideline are presented in the form of -a -resolution. These ere
also enclosed.
If we can be of further assistance to you in this matter, do not
hesitate to let us know.'
RLC:ea
Enclosures
Very truly yol
642
R,L Cleere, Pty., M.P.H., Director
PL0634
670199
"SUGGESTED RESOLUTION"
(for use by County Commissioners)
SOLID WASTE DISPOSAL RESOLUTION
, Colorado
WHEREAS Senate Bill No. 225, "Providing for the Regulation and Control of Solid Waste
Disposal Sites and Facilities", as enacted by the Forty-sixth General Assembly of the
State of Colorado, empowers the Board of County Commissioners to issue certificates of
designation to persons desiring to operate a disposal site or facility, it is hereby
resolved that:
A. Applicants for certificates of Designation for Solid Waste Disposal Sites shall make
such application on a prescribed form, supplying the following information.
1. Topographic maps - a topographic map showing all existing roads, streams, ponds,
lakes, wells, and residences within one mile of the proposed site, including the
disposal site. A -topographical map showing the site after its establishment,
including access roads, drainage, added utilities, employee facilities, and pro-
jected ultimate topography. An analysis by a registered engineer of the geolog-
ical features of the site including soil tests, planned protection of surface and
ground water, availability of cover material, etc.
2. Pertinent meteorological data.
3. Estimates of present and anticipated weight or volume and kinds of wastes to be
handled per day.
4. Specifications for drainage, access routes, fencing, shelter and sanitary facil-
ities for personnel, fire control, salvage, and transfer stations, if used.
5. A plan of operation outlining operational procedures to be employed to meet the
Rules and Regulations of the State Department of Public -Health relating to the
method of disposal i.e., sanitary landfill, incineration, or composting.
6. A statement by a professional engineer certifying that the plan will, when
implemented, result in a disposal site meeting the requirements of the State
Department of Public Health.
7. A statement of approval by the City and/or County zoning authority that the loca-
tion is approved.
B. Specific items in the abovu list shall in addition meet the following considerations.
These items shall be furnished at the expense of the applicant, or as determined by
the County Commissioners.
1. The final surface of the site shall be graded to prevent ponding of water.
Adequate drainage facilities shall be provided to drain the site and divert flood
or storm water around it.
2. Access routes shall be designed to minimize congestion and hazard at the entrance
and exit of the site. Access roads shall be designed and constructed so that
traffic can flow smoothly and not be interrupted by inclement weather or traffic
problems.
3. Suitable fencing shall be provided to prevent access to the site by unauthorized
persons and animals. A portable fence or equivalent device shall be provided to
prevent scattering of paper or other light materials.
4. Shelter and sanitary facilities for personnel shall include a shelter of suitable
size that is adequately heated and screened, has safe drinking water, and sanitary
toilet and locker and hand washing facilities. Telephone or radio communications
shall be provided at or near the disposal site.
5. Provisions shall be made for fire control facilities.
6. When salvage storage i$ to be permitted for more than one day, a storage facility
shall be constructed and located so that it will not interfere with the prompt
sanitary disposal of solid wastes, create unsightliness, or provide a breeding
site for insects and rodents.
7. When a transfer station is provided it shall comply with all requirements for solid
waste disposal sites.
8, Toxic materials, chemicals, solvents and petroleum wastes shall be disposed of
either in adequately sealed containers, or be sufficiently neutralized, diluted,
disbursed or otherwise processed prior to disposal.
C. In processing an application for Certificate of Site Designation, the following shall
be taken into consideration:
1. The effect that the site or facility will have on the surrounding property, taking
into consideration the types of processing to be used, surrounding property uses
and values, and prevailing wind and climatic conditions.
2. The convenience and accessibility of the site or facility to potential users.
3. The ability of the applicant to comply with the health standards and operating
procedures provided for in this Act and such rules and regulations as may be
prescribed by the Department or by Local Health Agencies.
Prior to issuance of approval for site designation, the governing body shall hold a
public hearing to review the disposal method or methods and the fees to be charged,
if any.
Signed
Attest
Approved
Commissioner or Councilmen
(Distributed by Colorado State Department
of Public Health)
July 18, 1967
(Reproduced by the Colorado State
Department of Public Health)
SOLID WASTE DISPOSAL SITES AND FACILITIES
PROVIDING FOR THE REGULATION AND CONTROL OF SOLID WASTE DISPOSAL
SITES AND FACILITIES
(Senate Bill No. 225 - 1967 General Assembly of the State of Colorado)
Section 1. DEFINITIONS. --(1) As used in this act, unless the context
otherwise indicates:
(2) "Solid wastes" mean, butare not limited to, refuse, garbage,
ashes, rubbish, toxic or inflammable substances, but shall not include mill
tailings, metallurgical slag, agricultural wastes, mining wastes, or junk
automobiles or parts thereof, nor shall the term include suspended solids
collected, treated or disposed of within a sanitary sewer system.
(3)
to hereafter
"Department" means the state department of public health, referred
in this act as "the department".
(4) "Approved" site or facility means a site or facility for which
a certificate of designation has been obtained, as provided in this act.
(5) "Person" means an individual, partnership, private or municipal
corporation, firm, or other association of persons.
Section 2. UNLAWFUL TO OPERATE SITE OR FACILITY WITHOUT CERTIFICATE
OF DESIGNATION. --On and after the effective date of this act, it shall be
unlawful for any person to operate a solid waste disposal site or facility
in the unincorporated portion of any county without first having obtained
therefor a certificate of designation from the board of county commissioners
of the county in which such site or facility is located.
Section 3. APPLICATION FOR CERTIFICATE. --Any person desiring to
operate a solid waste disposal site or facility within the unincorporated
portion of any county shall make application to the board of county commis-
sioners of the county in which such site or facility is or is proposed to
be located for a certificate of designation. Such application, shall be
accompanied by a fee of twenty-five dollars which shall not be refundable,
and shall set forth the location of the site or facility, the type of site
or facility, the type of processing to be used, such as sanitary landfill,
composting, or incineration, the hours of operation, the method of supervision,
the rates to be charged, if any, and such other information as may be re-
quired by the board of county commissioners.
Section 4. FACTORS TO BE CONSIDERED BY THE -BOARD. --(1) (a) In consid-
ering an application for a certificate of designation, the board of county
commissioners shall take into account;
(b) The effect that the site or facility will have on the surrounding
property, taking into consideration the types of processing to be used, sur-
rounding property uses and values, and wind and climatic conditions.
(c) The convenience and accessibility of the site or facility to
potential users.
(d) The ability of the applicant to comply with the health standards
and operating procedures provided for in this act and such rules and regula-
tions as may be prescribed by the department or by local health agencies.
(2) Except as provided in this act, designation of approved solid
waste disposal sites or facilities shall be discretionary with the board of
county commissioners, subject to judicial review by the district court of
appropriate jurisdiction.
Section 5. COMMISSIONERS TO ISSUE LICENSE. --If the board of county
commissioners deems that a certificate of designation should be granted to
the applicant, then it shall issue the certificate, and such certificate
shall be displayed in a prominent place at the site or facility.
Section 6. -PRIVATE DISPOSAL PROHIBITED--WHEN.--No private dumping
of solid wastes shall be made on any property within the unincorporated por-
tion of any county except on or at an approved site or facility; but pri-
vate dumping of solid wastes on one's own property shall not be subject to
the provisions of this act as long as it does not constitute a public nui-
sance, endangering the health, safety, and welfare of others.
Section 7. DESIGNATION OF EXCLUSIVE SITES AND FACILITIES. --The
governing body of any city, city and county, or incorporated town may by
ordinance designate and approve one or more sites or facilities, either
within or without its corporate limits if designated and approved by the
board of county commissioners, as its exclusive solid waste disposal site,
sites, facility, or facilities, and thereafter each such site or facility
shall he used by such city, city and county, or town for the disposal of
its solid wastes; but prior to any such designation and approval, such gov-
erning body shall hold a public hearing to review the disposal method or
methods to be used and the fees to be charged, if any.
Section 8. CONTRACTS WITH GOVERNMENTAL UNITS AUTHORIZED. --(1) An
approved solid waste disposal site or facility may be operated by any person
pursuant to contract with any governmental unit.
(2) Any city, city and county, county, or incorporated town acting
by itself or in association with any other such governmental unit or units
may establish and operate an approved site or facility under such terms and
conditions as may be approved by the governing bodies of the governmental
units involved. In the event such site or facility is not operated by the
governmental unit involved, any contract to operate such a site or facility
shall be awarded on a competitive bid basis if there is more than one appli-
cant for a contract to operate such site or facility.
(3) Any city, city and county, county, or incorporated town acting
by itself or in association with any other such governmental unit may acquire
by condemnation such sites as are needed for trash disposal purposes.
Section 9. DEPARTMENT TO PROMULGATE RULES AND REGULATIONS. --The
department shall -promulgate rules and regulations relating to the public health
aspects involved in the storage and disposal of solid wastes, and rules and
regulations adopting standards for the operation and maintenance of public
dumps, landfills, compost plants, and similar sites and facilities, for the
prevention of disease and of conditions adversely affecting the public health,
safety, and welfare.
Section 10. MINIMUM STANDARDS. --(l) (a) The rules and regulations
promulgated by the department shall subject to the provisions of section 6
contain the following minimum standards:
(b) Such sites and facilities shall be located, operated, and main-
tained in a manner so as to control obnoxious odors, prevent rodent and
insect breeding and infestation, and shall be kept adequately covered during
their use.
(c) Such sites and facilities shall comply with the health laws,
standards, rules and regulations of the department, the water pollution
control commission, and all applicable zoning laws and ordinances.
(d) No radioactive materials or materials contaminated by radio-
active substances shall be disposed of in sites or facilities not speci-
fically designated for that purpose.
(e) Sites and facilities operated as sanitary landfills shall en-
compass sufficient area to accommodate machinery to evenly distribute, com-
pact, and cover the deposited solid wastes. The wastes shall be distributed
within a restricted working area, compacted to a reasonable depth but the
total depth not to exceed more than fifteen feet in each cell or layer,
and shall be covered at the end of each working day with approximately six
inches of earth or similar inert material. Where the topography of the site
permits, successive layers may he added in the same manner. When a section
of the site or facility has been compacted and filled to capacity, a perma-
nent cover of approximately two feet of earth or similar inert material shall
be placed thereon and thoroughly compacted.
(f) -Sites and facilities shall be adequately fenced so as to prevent
waste material and debris from escaping therefrom, and material and debris
shall not be allowed to accumulate along the fence line.
(g) No solid wastes shall be burned except where and when it may be
permitted under the "Air Pollution Control Act".
Section 11. EXISTING FACILITIES TO COMPLY WITHIN A YEAR. --Within
one year after the effective date of this act, all open dumps, solid waste
disposal sites and facilities, landfills, and similar facilities, shall
comply with the provisions of this act and the rules and regulations adopted
by the department.
Section 12. DEPARTMENTS TO RENDER ASSISTANCE. --The department and
local health departments shall render technical advice and services to owners
and operators of solid waste disposal sites and facilities in order to assure
that appropriate measures are being taken to protect the public health, safety,
and welfare.
Section 13. REVOCATION OF CERTIFICATE. --The board of county commis-
sioners, after reasonable notice and public hearing, may temporarily sus-
pend or revoke a certificate of designation that has been granted by it for
failure of a site or facility to comply with the provisions of this act or
any rule or regulation adopted pursuant thereto.
Section 14. FACILITIES DEEMED PUBLIC NUISANCE--WHEN.--Any solid
waste disposal site or facility that is operated or maintained in a manner
so as to violate any of the provisions of this act or any rule -or regulation
adopted pursuant thereto shall be deemed a public nuisance, and such
violation may be enjoined by a district court of competent jurisdiction in
an action brought by the department or by the board of county commissioners
of the county wherein the violation occurred.
Section 15. VIOLATION--PENALTY.--Any person who violates any provi-
sion of this act shall be deemed guilty of a misdemeanor, and upon conviction
thereof, shall be punished by a fine of one hundred dollars, or by impris-
onment in the county jail for not more than thirty days, or by both such
fine and imprisonment. Nothing in this article shall preclude or preempt a
city, a city and county, or an incorporated town from enforcement of its
local ordinances.
Section 16. APPLICABILITY. --Except for the provisions of section 11,
the provisions of this act shall apply only to solid waste disposal sites
and facilities that are established and commence operation on or after the
effective date of this act.
Section 17. EFFECTIVE DATE. --This act shall take effect July 1, 1967.
Section 18. SAFETY CLAUSE. --The general assembly hereby finds, deter-
mines, and declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
PROPOSED DRAFT 7/18/67
CO A ADO STATE DEPARTMENT OF PUBLIC riEALTH
SOLID WASTE DISPOSAL REGULATIONS
REGULATION: Rules and Regulations Relating to the Public Health
Aspects Involved in the Storage and Disposal of
Solid Wastes.
ADOPTED:
EFFECTIVE DATE:
REPEALS None
A. DEFINITIONS OF TERMS: The following definitions apply in the interpretation and
enforcement of these rules and regulations.
(1) "Cell" means the unit of compacted solid waste covered on -all surfaces by
compacted earth, or similar inert material.
(2) "Composting" means the biochemical degradation of organic materials to a
sanitary nuisance free, humus like material.
(3) "Construction and Demolition Wastes" means waste building materials and
rubble resulting from construction, remodeling, repair, and demolition operations
on houses, commercial buildings, pavements and other structures.
(4) "Disposal Site" means the location where any final treatment, utilization,
processing, -or depositing of solid wastes occurs.
(5) "Garbage" means all putrescible wastes including vegetable and animal
offal and carcasses of dead animals except sewage and human body wastes.
(6) "Incineration" is the process of burning solid, liquid, or gaseous com-
bustible wastes to an inoffensive gas and a sterile residue containing little
or no combustible material.
(7) "Refuse" means putrescible and non-putrescible solid wastes including
garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings
and solid commercial and industrial wastes except body wastes.
(8) "Rubbish" means non-putrescible solid wastes, including ashes, consisting
of both combustible and non-combustible wastes, such as paper, cardboard, tin
cans, yard clippings, wood, glass, bedding, crockery, or litter of any kind.
(9) "Salvage" means controlled removal of reuseable materials.
(10) "Sanitary Landfill" consists of the final disposal of solid waste on the
land by a method employing compaction of the waste and covered with earth or
other inert material.
(11) "Scavenging" means the uncontrolled picking of refuse.
(12) "Sewage Treatment Residue" means solids from coarse screenings, grit
chambers, clarifiers, sludge thickeners or digesters from sewage treatment
plants (See 66-1-7 (5)) or septic tank wastes.
7/1A/A7
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(13) "Toxic Material" means materials, such. as pesticides and poisons, which
even in small concentrations can be dangerous to human, animal and plant life.
(14) "Transfer Station" means a loading site where solid waste is transferred
from one vehicle to another for transfer to a permanent disposal site.
B. GENERAL REGULATIONS:
I. All solid waste disposal sites and facilities shall comply with the health
laws, standards,- rules and regulations of the Department, the Water Pollution
Control Commission, and all applicable zoning :laws and ordinances, and the
regulations and standards contained in and under the "Air Pollution Control
Act." No radioactive materials contaminated by radioactive substances shall be
disposed of in sites or facilities not sepcifically designated for that
purpose.
2. No person shall dispose of any solid waste except at a site designated by
the County Commissioners of -the County where located, or at a site authorized
within corporate limits of any City, Town, or City and County, except as
exempted by Section 6 of S.B. 225, 1967 Session Laws.
3. Any person disposing of solid waste on his own property shall comply with
all of the requirements of these regulations except Section P. General
RegW.ations, Items 5. (d) and (g).
4. Allsolid waste with the exception of radioactive materials shall be dis-
posed of by incineration, composting, or by a sanitary landfill operation,,
5. The following rules and regulations shall apply to all solid waste disposal
sites.
(a) There shall be no permanent ponding of water on the ground surface of
any disposal. site, and no solid waste disposed of or stored at a disposal
site shall come in contact with any surface or subsurface water.
(b) Adequate measures shall be applied to control flies, mosquitoes,
rodents, and other disease vectors at the disposal site, as well as
such nuisances as dust and obnoxious odors.
(c) Salvaging, at any disposal site when permitted, shall not interfere
with the prompt disposal of refuse. Materials held for salvage over 24+
hours shall be stored in rodent proof, screened storage areas. Scavenging
shall not be permitted.
(d) Disposal sites and facilities shall be adequately fenced so as to
prevent waste material and debris from escaping therefrom, and material.
and debris shall not be allowed to accumulate .along the fenceline. Ala.
live animals and fowl shall be excluded from the site. Any debris blown
from a disposal site shall be picked up within 24 hours. A dump may be
closed during high winds when debris cannot be controlled.
(e) Hazardous material, industrial wastes, sewage treatment residue,
and toxic substances may be disposed of at sites only when specifically
designated by the County Commissioners and/or municipal administration..
(f) Ai.l disposal sites shall have facilities adequate for safety, first
aid, and personal hygiene.
(g) Access roads shall be maintained ina mar:rer to permit smooth traffic
flow during all weather conditions.
-3-
(h) For disposal sites receiving toxic or hazardous wastes, records shall
be maintained as to the volume and location of disposed waste and the method
of disposal. Records for disposal of hazardous and toxic materials shall be
kept including location of disposal, quantity of material, and storage
container if applicable.
(i) When a transfer station is provided it should comply with all require-
ments for solid waste disposal sites.
C. SPECIAL REGUTATIGNS:
1. Sanitary Landfill: The following rules and regulations shall :i_.s addition
apply specifically to sanitary landfill. operations:
(a )
(b)
Sanitary landfill sites shall encompass sufficient area to accom�
moda+,e machinery to evenly distribute, compact, and cover the
deposited solid waste.
The wastes shall be distributed within a restricted working area.
During the filling operation, waste deposited in the fill shall bye
eoerzpacted into shallow layers not to exceed a depth of approximately
two. feet. Wastes deposited shall be covered at the endof each
working day with approximately six inches of earth or simll.a:.° inert
material.. The total celldepth shall not exceed 15 feet. Successive
cells may be added in the same manner.
(c) All parts of the carcasses of dead animals disposed of at a sanitary
landfill shall be buried to a depth of at least two feet, immediate.,:v
after deposition.
(d) Special provisions shall be made for the disposal of large, heavy ,
or bulky :items, construction and demolition materials and logs,
in a nuisance free manner.
(e)
The sanitary landfill upon its completion shall be covered with at
least two feet of compacted cover material and graded to prevent..
ponding and control surface runoff. Upon completion and/or
abandonment of a sanitary landfill, all cracked eroded or uneven
areas in the final cover shall be eliminated.
2. Incineration: The following rules and regulations shall in addition
apply specifically to incineration.
(a) All refu;.�e delivered to the incinerator site shall be disposed of
on a daily basis. No uncovered refuse shall be kept in storage
areas overnight.
(b) The unloading area shall be adequate in size and design to
facilitate rapid unloading with a minimum of delay, and provisions
shall be made to control blowing refuse. If storage pits are pro-
vided, their capacity shall be equivalent to at least the rated
capacity of the incinerator for one day's operation. In the even;
of a breakdown, additional pit capacity or nearby san'tasy landfill
capacity shall be provided.
Bulky items which cannot be incinerated shall be disposed of by
sanitary landfill or by other means acceptable to the responsible
authorities.
(o)
7/18/67
Operating temperatures at the combustion chamber exit of the
incinerator shall be maintained between 1300°F. and 1800°F., or
according to limits established by the design engineer.
The residue from the incinerator shall contain less than 10%
organic material and shall be disposed of in a sanitary landfill.
Gaseous and particulate emissions from the incinerator stack shall
be in compliance with the "Air Pollution Control Act".
Water used to quench the incinerator residue or scrub the flue
gases shall be discharged into a sanitary sewer or disposed of in
accordance with standards of the Colorado Water Pollution Control
Commission.
3. Composting: The following rules and regulations shall in addition apply
specifically to composting.
(a) All refuse delivered to the compost plant shall be disposed of on a
daily basis. No uncovered refuse shall be left in storage areas
overnight.
(b) The unloading area shall be adequate in size and design to facilitate
rapid unloading with a minimum of delay and provisions shall be made
to control blowing refuse. If storage pits are provided, their
capacity shall be equivalent to at least the rated capacity of the
compost plant for one day's operation. In the event of a breakdown
additional pit capacity or nearby sanitary landfill capacity shall
be provided.
(c) Solid wastes that cannot be ground and composted shall be removed
and salvaged. Non -salvageable refuse shall be disposed of in a
sanitary landfill.
(d) The ground refuse shall be composted by methods in which every
portion of the compost material is subject to a minimum temperature
of 140°F. for no less than forty hours.
(e) Compost shall be of uniform quality, acceptable from pathogenic
and hygienic criteria. Inert materials, such as glass, and metals,
shall be finely ground, mixed and uniformly disbersed. Sharp slivers
of glass and metal shall not be contained in the finished product.
Gaseous and particulate emissions and/or objectionable odors from
compost plant operations shall be in compliance with the "Air
Pollution Control Act" and of a quality acceptable to the community
where the plant is established.
(f)
(g)
If sewage treatment residue and other hazardous materials are
disposed of in a composting plant, special provisions shall be made
to insure proper handling satisfactory to the local health officer
and/or the county commissioner.
7/18/67
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