HomeMy WebLinkAbout20180159.tiffCheryl Hoffman
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Esther,
Bob Choate
Wednesday, January 24, 2018 9:21 AM
Esther Gesick
CTB
Certificate of Designation Code Update (012418 2nd reading redline).docx
Certificate of Designation Code Update (012418 2nd reading redline).docx
The Board agreed with our recommended changes from first reading of Ordinance 2018-01. The attached is a compare
changes draft from that which was approved on first reading, but I would request your team verify I didn't miss
anything. Second reading is scheduled for next Monday January 29th. Let me know how I can assist.
Thanks,
Bob
020/I- aim 9
1
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, incl ding aamendment then of,
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.
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.
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 -re Dom°- merit of p'��'►blic �- eal th and En :ron ent f�'i-1DI E);determined
by the Director of the Weld County Department of Planning Services.
4. The operator desires to amend the conditionsalter any condition of approval associated with a
previously approved Certificate of Designation;_
5. The operator's Certificate of Designation has been revoked.
BB. 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 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 3roaosinc 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 CDPHE and the Weld
Co-u-n-tyColorado Department of Public Health and Environment (CDPHE) and the WCDPHE).
Page 1
WCDPHE shall coordinate with CDPHE in order to assist with the recommendation provided by
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 CDPHE, including
all required conditions of approval, shall be submitted 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 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 time and day, 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.
4. The Board shall hear evidence from 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 shall hold a public hearing.
Sec. 12-8-30. — Review by Board of County Commissioners.
A. 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).
B. 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;
3. Revoke the Certificate of Designation.
Sec. 12-8-50. — Additional Requirements for Hazardous Wastes 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.
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A. The application shall include the application fee for Hazardous Wastes Disposal Sites, as set by the
Board of County Commissioners. The County shall transmit fifty percent (50%) of the fee to 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 Wastes 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.
Page 3
Cheryl Hoffman
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Sent:
To:
Cc:
Subject:
Attachments:
Good afternoon Cheryl,
Bob Choate
Thursday, December 21, 2017 3:11 PM
Cheryl Hoffman
Esther Gesick
Ordinance First Reading 01/10/18
Certificate of Designation Code Update (122117).docx
Per my conversation with Esther, attached is the code update for the January 10th ordinance first reading. It is a new
Article 8 in Chapter 12, so it does not delete or amend any code provisions. Please include Ben Frissell and Deb Adamson
when you send the calendar invitations to me, and let me know if you need anything else.
Thanks!
Bob Choate
Assistant Weld County Attorney
1150 "O" Street; P.O. Box 758
Greeley, Colorado 80632
Tel: 970-336-7235
Fax: 970-352-0242
Email: bchoate@weldgov.com
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is attorney privileged and confidential, intended only for the use of the individual or
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replying and delete the message. Thank you.
2018-0159
i
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, including any amendment thereof,
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.
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.
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 required by the Colorado Department of Public Health and Environment (CDPHE);
4. The operator desires to amend the conditions of approval associated with a previously approved
Certificate of Designation;
5. The operator's Certificate of Designation has been revoked.
B. 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 CDPHE and the Weld
County Department of Public Health and Environment (WCDPHE). WCDPHE shall coordinate
with CDPHE in order to assist with the recommendation provided by 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 CDPHE, including
all required conditions of approval, shall be submitted 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 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 time and day, 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.
4. The Board shall hear evidence from 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 shall hold a public hearing.
Page 1
Sec. 12-8-30. — Review by Board of County Commissioners.
A. 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).
B. 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;
3. Revoke the Certificate of Designation.
Sec. 12-8-50. — Additional Requirements for Hazardous Wastes 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 Wastes Disposal Sites, as set by the
Board of County Commissioners. The County shall transmit fifty percent (50%) of the fee to 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.
Page 2
F. The Board may suspend or revoke a certificate of designation for a Hazardous Wastes 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.
Page 3
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