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Home My WebLink About20180562.tiffWELD COUNTY CODE ORDINANCE 2018-01 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 12 LICENSES AND PERMITS, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code 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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 12 LICENSES AND PERMITS Add ARTICLE VIII - Certificates of Designation for Solid Waste Disposal Sites and Facilities Sec. 12-8-10. Introduction. A. Authority. No person or entity may operate a solid waste disposal site or facility anywhere within the unincorporated area of the County without a Certificate of Designation issued by the County, as required by the Solid Waste Disposal Sites and Facilities Act, C.R.S. §30-20- 100.5 et. seq. B. Policy and Procedures. The County establishes the following as its policy and procedures for the review and approval or disapproval of Certificates of Designation for Solid Waste Disposal Sites and Facilities within the unincorporated area of Weld County: 1. Nothing in this Article is intended, nor shall it be construed, to conflict with or supersede state, federal or local laws or regulations, except as expressly stated herein and authorized by law. 4378504 Pages: 1 of 5 02/28/2018 10:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO II PAGE 1 cac ec). CrSCE.G), F=COw), QCTCac), 1CBF/LL) O3/O a/ I 2018-0562 ORD2018-01 2. Nothing in this Article is intended, nor shall it be construed, to limit the discretion of the Board of County Commissioners, which retains full discretion and authority regarding the review, approval, disapproval, or conditioning of any Certificate of Designation. Amend Sec. 12-8-20. Procedures. A. When review is required. The property owner and/or operator shall be required to seek approval of a Certificate of Designation from the Board of County Commissioners upon any of the following: 1. The development of a new solid waste disposal site or facility. 2. The transfer of a solid waste disposal site or facility to a new owner or operator. 3. The operator seeks a substantial change to the Engineering Design and Operations Plan (EDOP), as determined by the Director of the Weld County Department of Planning Services. 4. The operator desires to alter any condition of approval associated with a previously approved Certificate of Designation. 5. The operator's Certificate of Designation has been revoked. B. Substantial Change. Pursuant to Section 12-8-20.A.3, the Director of the Department of Planning Services, after consultation with the Weld County Department of Public Health and Environment (WCDPHE), shall determine whether any change to the EDOP is a substantial change requiring the operator to submit an application pursuant to Section 12-8-20.C. The Director shall consider one or more of the following: 1. Whether CDPHE believes the operator is proposing a substantial change, or 2. Whether the operator is proposing to accept any additional types of waste outside already approved acceptance process or proposing an entirely new waste stream, or 3. Whether an amendment to the operator's Use by Special Review (USR) permit is required, or 4. Whether the operator is proposing to modify any operational procedure, production, byproduct or end -use product, or 5. Whether the operator's proposal requires any new capital construction on site as related to above items. The operator may appeal the Director's decision pursuant to Section 2-4-10. C. Application Process. 1. The property owner and/or operator shall first submit an application to the Weld County Department of Planning Services, which shall refer the application to the Colorado Department of Public Health and Environment (CDPHE) and the WCDPHE. The WCDPHE shall coordinate with the CDPHE in order to assist with the recommendation PAGE 2 4378304 Pages: 2 of 5 02/28/2018 10:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII1 ��Y�MN�il iirl Nilkie "Ill 2018-0562 ORD2018-01 provided by the CDPHE on the application. The application shall include the application fee set by the Board of County Commissioners. 2. The Applicant shall submit the final written recommendation of approval from the CDPHE, including all required conditions of approval, to the Department of Planning Services. The Department of Planning Services shall thereafter refer the application to the Department of Public Works, and any municipality within three (3) miles of the site. 3. The Clerk to the Board's Office shall set a hearing before the Board of County Commissioners and publish and mail notice in accordance with C.R.S. §30-20-104(3)(a). In the event that a hearing before the Board is required for a new or amended USR permit, the hearing on the Certificate of Designation may be held at the same date and time, and may be called up and conducted simultaneously. In that circumstance, the Board shall act on the USR permit application first. In the event that the hearings are not conducted simultaneously, the Board may condition the approval of the USR permit on the applicant's receipt of a Certificate of Designation. Sec. 12-8-30. Review by the Board of County Commissioners. A. Public Hearing. The Board shall hear evidence from the WCDPHE and any other relevant County staff, which shall provide a recommendation of approval or disapproval, or approval with conditions. The Board shall hear evidence from the applicant and receive testimony from the public. B. Standards of Review. Upon review of an application for a Certificate of Designation, the Board of County Commissioners shall consider the criteria described in C.R.S. §30-20-104(1). C. Conditions and Restrictions. The Board may condition approval of the Certificate of Designation on the property owner and/or operator's compliance with specified conditions or restrictions, as determined appropriate in the Board's discretion. The Certificate of Designation shall be conditioned on the property owner and/or operator having a valid USR permit which is not under suspension or revocation. All conditions required by the CDPHE recommendation of approval shall be incorporated into the Certificate of Designation. Sec. 12-8-40. Enforcement. A. Whenever it appears to County staff that the solid waste site or facility may be in violation of the Certificate of Designation, or any relevant provision of the Solid Waste Disposal Sites and Facilities Act, a hearing may be scheduled in accordance with Chapter 2, Article IV of this Code. Such hearing or hearings may be combined with a hearing to consider enforcement against the USR permit associated with the solid waste disposal site or facility. B. After considering all evidence in accordance with the hearing process of Chapter 2, Article IV, the Board may: 1. Dismiss the matter; 2. Suspend the Certificate of Designation for an indefinite or specified period of time, with or without conditions or reinstatement; PAGE 3 4378504 Pages: 3 of 5 02/28/2018 10:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO POrrvIP PIL:I:ICIAR. if Ili Il II 2018-0562 ORD2018-01 3. Revoke the Certificate of Designation. Sec. 12-8-50. Additional Requirements for Hazardous Waste Sites and Facilities. If the Solid Waste Disposal Site or Facility also qualifies as a Hazardous Waste Disposal Site, as defined by C.R.S. §25-15-200.3(5), the following requirements shall also apply: A. The application shall include the application fee for Hazardous Waste Disposal Sites, as set by the Board of County Commissioners. The County shall transmit fifty percent (50%) of the fee to the CDPHE in accordance with C.R.S. §25-15-202(2). B. The Department of Planning Services shall promptly notify any municipality within twenty (20) miles of the proposed site that an application for a Hazardous Waste Disposal Site has been received. The Department of Planning Services shall refer the application to the Colorado Geological Survey within ten (10) days of receipt of the application. C. The Clerk to the Board's Office shall set a hearing before the Board of County Commissioners, and publish and mail notice in accordance with C.R.S. §25-15-202(5). D. Upon review of the application, in addition to the standards provided in Section 12-8-30.A., the Board shall consider the criteria described in C.R.S. §25-15-203(1). E. In accordance with C.R.S. §25-15-204(4), the Certificate of Designation may provide such conditions as may reasonably be necessary for the safe operation of such site including, but not limited to, the provision by the site owner or operator of additional fire protection, security, or trained personnel for monitoring, inspections, and incident responses. F. The Board may suspend or revoke a Certificate of Designation for a Hazardous Waste Disposal Site in accordance with Section 12-8-40 and C.R.S. §25-15-206.5(1). G. Any Hazardous Waste Disposal Site operating with a valid Certificate of Designation shall pay to the County an annual fee in accordance with C.R.S. §25-15-214. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. PAGE 4 4378504 Pages: 4 of 5 02/28/2018 10:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 11111 2018-0562 ORD2018-01 The above and foregoing Ordinance Number 2018-01 was, on motion duly made and seconded, adopted by the following vote on the 21st day of February, A.D., 2018. ATTEST: dakti jele4; 4i Weld County Clerk to the Board ounty Attorney Date of signature: 0.2-A3-18 First Reading: Publication: BOARD OF COUNTY COMMISSIONERS WELD ,CPUNTY, COLORADO Steve Moreno, Chair ara Kirkmeyer Pro-Tem p, Sean P. Conway Juli�A. Cozad Mike Freeman January 10, 2018 January 17, 2018, in the Greeley Tribune Second Reading: January 29, 2018 Publication: February 7, 2018, in the Greeley Tribune Final Reading: February 21, 2018 Publication: February 28, 2018, in the Greeley Tribune Effective: March 5, 2018 PAGE 5 4378504 Pages: 5 of 5 02/28/2018 10:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII kirdrir lig till 2018-0562 ORD2018-01 Hello