HomeMy WebLinkAbout20111277 RESOLUTION
RE: ACTION OF BOARD AT SHOW CAUSE HEARING CONCERNING USE BY SPECIAL
REVIEW PERMIT#1059 AND CERTIFICATE OF DESIGNATION FOR A COMPOSTING
FACILITY IN THE A(AGRICULTURAL) ZONE DISTRICT- LAMBLAND, INC., DBA A-1
ORGANICS
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,on April 27,2011,a Show Cause Hearing was conducted to consider revocation
of Use by Special Review Permit#1059 and the Certificate of Designation for a Composting Facility
in the A (Agricultural) Zone District, issued to Lambland, Inc., dba A-1 Organics, 7031 State
Highway 66, Platteville, Colorado, and
WHEREAS, Lambland, Inc., dba A-1 Organics, is the current lessee/operator of the facility
located on property being further described as follows:
Part of the W1/2 SW1/4 of Section 20, Township 3
North, Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS,at said hearing of April 27, 2011,the Board deemed it advisable to continue the
matter until May 18, 2011, at 10:00 a.m., subject to the following conditions:
1) No other waste shall be brought into the facility.
2) A-1 shall meet with the neighbors and find a solution to mitigate the damage
they have already caused.
3) A-1 shall agree to vacate the USR upon closure of the facility.
4) A-1 shall work with the County Departments of Planning Services and Public
Health and Environment, as well as the Colorado Department of Public
Health and Environment, to work out key dates in regard to the closure.
5) There will be no grinding or movement of the static pile without the approval
from the County Department of Public Health and Environment for a test, and
to the best extent possible, keep the plastic debris from being liberated from
the site.
6) The composted overs piles shall be encased with tackifier instead of the
clean wood materials.
. P1, NL, CAS App\. 2011-1277
� _ ay. tl PL1006
SHOW CAUSE HEARING (USR#1059 AND CD) - LAMBLAND, INC., DBA A-1 ORGANICS
PAGE 2
7) A-1 shall continue to provide ongoing plastic clean-up and deploy one to two
crews, consisting of approximately four(4)to twelve(12)people,daily to pick
up debris from the neighbor's properties.
8) A-1 shall continue to work with the Department of Planning Services to
investigate additional options for mitigating the potential release of plastic
debris during the grinding of the static processed pile.
WHEREAS, at said hearing of May 18, 2011, after hearing all testimony presented and
accepting the "Updated Plan to Contain and Remove Plastics and Update on Continuing Closure
Activities," dated May 17, 2011, the Board deemed it advisable to continue the matter until
August 22, 2011, at 10:00 a.m., subject to the following conditions, which also incorporate the
recommendations from the staff Memorandum, dated May 18, 2011, a copy of which is attached
hereto and incorporated herein:
1) No other waste shall be brought into the facility.
2) A-1 shall meet with the neighbors and find a solution to mitigate the damage
they have already caused.
3) A-1 shall submit a letter requesting formal vacation of the USR and CD upon
closure of the facility, no later than August 22, 2011. (Merged with Staff
Memo #5 and modified date per Board instruction.)
4) A-1 shall work with the County Departments of Planning Services and Public
Health and Environment, as well as the Colorado Department of Public
Health and Environment, to work out key dates in regard to the closure. No
re-grading, filling, etcetera, shall occur on the site until the closure has been
reviewed and accepted by the Weld County and Colorado Departments of
Public Health and Environment. (Merged with Staff Memo#6)
5) There will no grinding or movement of the static pile without the approval
from the Weld County Department of Public Health and Environment for a
test, and to the best extent possible, keep the plastic debris from being
liberated from the site.
6) The composted overs piles and collected surface layer pile (described on
page 8 of the Updated Plan) shall be encased with tackifier instead of the
clean wood materials to prevent plastics from being liberated. (Merged with
Sfaff Memo #2)
7) A-1 shall continue to provide ongoing plastic clean-up and deploy one to two
crews, consisting of approximately four(4)to twelve(12)people,daily to pick
up debris from the neighbor's properties.
8) A-1 shall continue to work with the Department of Planning Services to
investigate additional options for mitigating the potential release of plastic
debris during the grinding of the static processed pile.
2011-1277
PL1006
SHOW CAUSE HEARING (USR#1059 AND CD) - LAMBLAND, INC., DBA A-1 ORGANICS
PAGE 3
9) A-1 shall demonstrate the effectiveness of the litter control fence, described
on page 4 of the Updated Plan, to County staff no later than May 25, 2011,
assuming weather cooperates. (From Staff Memo #1.)
10) The "composted overs pile", which shall be transferred to the Rattler Ridge
facility, shall be processed with similar controls(including litter control fence)
as described in the Updated Plan. (From Staff Memo #4.)
11) The facility shall minimize dust during all operations. In no case shall dust be
allowed to migrate from the facility. (From Staff Memo#3.)
12) The Departments of Planning Services and Public Health and Environment
will monitor progress of the operation and may bring the case back before
the Board of Commissioners should any violation be observed, or should A-1
deviate from the Updated Plan. (From Memo#7.)
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Show Cause Hearing concerning Use by Special Review Permit#1059
and the Certificate of Designation issued to Lambland, Inc., dba A-1 Organics be, and hereby is,
continued to August 22, 2011, at 10:00 a.m.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 18th day of May, A.D., 2W 1.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLO" " DO
ATTEST: • I9S J�/I����
J� --rbara • m er i .-ir
Weld County Clerk to the pa •if
�j •
Sean •. C1/ , Pro-Tem
BY: /�JL�d �s��ir�tf�,
Deputy Clerk to the Boar.
Wina F. Garcia
APPROVED AS T6,FORM: �
S- 7 Z_ avid E. Lo
/-t)un'fy Attorney n( �c,-y �C,f,0
Douglas Radema her
Date of signature: (PP/O6W
2011-1277
PL1006
Memorandum
186I - 2011
TO: Barbara Kirkmeyer,Chair
Board of County Commissioners
W E L 0 N T Y FROM: Trevor Jiricek,Departments of P t g
i...� and Public Health and Environm
DATE: May 18,2011
SUBJECT: Al Organics,Show Cause Hearing
Recommendation
On Tuesday, May 17,2011, Al Organics submitted an"Update to Proposed Plan to Contain and
Remove Plastics and Update on Continuing Closure Activities at Platteville Facility,May 17,
2011"(the Plan). The Plan outlines measures control measures evaluated and commenced to
date,those planned in the near, and a schedule to close down the facility.
The Departments of Planning and Public Health believe that implementation of the Plan will
significantly reduce the potential for large amounts of plastic to be released from the facility
during the closure period. Therefore,we are recommending that this Show Cause Hearing be
continued until August 22,2011. Our recommendation for continuance is conditional on the
following:
1. Al demonstrate the effectiveness of the litter control fence, described on page 4 of the
Plan, to County staff no later than May 25,2011. (assuming the weather cooperates).
2. The collected surface layer pile(described on page 8)shall be tackified to prevent
plastics from being liberated from it.
3. The facility shall minimize dust during all operations. In no case shall dust be allowed to
migrate from the facility.
4. The"composted oven pile",which will be transferred to the Rattler Ridge facility, shall
be processed with similar controls(including litter control fence) as described in the Plan.
5. Al submit a letter requesting formal vacation of the USR and Certificate of Designation
(CD)no later than June 1, 2011.
6. Al submits an updated and comprehensive closure plan to Weld County and the
Colorado Department of Public Health and Environment no later than June 1, 2011. No
re-grading, filling, etc. shall occur on the site until the closure has been reviewed and
accepted by Weld County and the Colorado Department of Public Health and
Environment.
7. The Departments of Planning and Health will monitor progress of the operation and may
bring back the case to the BOCC should any violation be observed or should Al deviate
from the Plan.
8. The Show Cause hearing will be dismissed and the USR and CD will be vacated at the
August 22, 2011, hearing.
Enclosure
Hello