HomeMy WebLinkAbout20090082HEARING CERTIFICATION
DOCKET NO. 2008-02.E
RE: SHOW CAUSE HEARING CONCERNING SECOND AMENDED USE BY SPECIAL
REVIEW PERMIT #842 FOR A SOLID WASTE DISPOSAL SITE AND FACILITY
(COMMERCIAL JUNKYARD AND SALVAGE YARD INCLUDING TIRE LANDFILL,
STORAGE AND RECYCLING FACILITY) AND A MOBILE HOME FOR HOUSING IN THE
1-3 (INDUSTRIAL) ZONE DISTRICT, AND THIRD AMENDED USE BY SPECIAL REVIEW
PERMIT #842 FOR A SOLID WASTE DISPOSAL SITE AND FACILITY (COMMERCIAL
JUNKYARD AND SALVAGE YARD, INCLUDING A TIRE LANDFILL, STORAGE,
SHREDDING, AND RECYCLING FACILITY), MANUFACTURING/ PROCESSING FACILITY
(CRYOGENIC PROCESSING/CRUMB RUBBER), ANDAMOBILE HOME FOR HOUSING
IN THE 1-3 (INDUSTRIAL) ZONE DISTRICT - TIRE RECYCLING, INC.
A public hearing was conducted on February 25, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Jacqueline Hatch
Health Department representative, Troy Swain
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated December 20, 2007, and duly published
December 26, 2007, in the Fort Lupton Press, a public hearing was conducted on January 9, 2008,
to consider revocation of Second Amended Use by Special Review Permit #842 for a Solid Waste
Disposal Site and Facility (commercial junkyard and salvage yard including tire landfill, storage and
recycling facility) and a Mobile Home for Housing in the I-3 (Industrial) Zone District, and Third
Amended Use by Special Review Permit #842 for a Solid Waste Disposal Site and Facility
(commercial junkyard and salvage yard, including a tire landfill, storage, shredding, and recycling
facility), Manufacturing/Processing Facility (cryogenic processing/crumb rubber), and a Mobile
Home for housing in the I-3 (Industrial) Zone District, issued to Tire Recycling, Inc., at which time
the Board deemed it advisable to continue the matter to March 12, 2008, then to June 25, 2008,
then to August 27, 2008, then to November 19, 2008, and then to February 25, 2009. At said
hearing on February 25, 2009, Cyndy Giauque, Assistant County Attorney, made this a matter of
record.
Jacqueline Hatch, Department of Planning Services, gave a brief description of the location of the
site, which consists of four parcels totaling 120 acres. She reviewed the previous hearing dates
and stated the most recent continuance was granted to allow the applicant an opportunity to
provide evidence of substantial compliance with the items as noted in the Resolution. Ms. Hatch
stated she conducted a site visit this week, and noted the cells are constructed and a significant
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amount of tires have been appropriately placed; however, the site is still not in full compliance,
since surface tires are still being stored. She stated the facility operator has been requested to
provide documentation of the amount of tires in surface storage and their intended use, and to
reduce the height of the piles to comply with the maximum of ten feet, with a maximum holding time
of 30 days. Ms. Hatch stated, at the last hearing, the operator had not provided the Colorado
Department of Public Health and Environment with any financial assurance; however, at this time,
Charles Johnson, Colorado Department of Public Health and Environment, has indicated a form
of financial assurance has been submitted but has not been fully processed or accepted. She
stated Russ Kissler, Platteville/Gilcrest Fire District, did submit an E-mail, marked Exhibit B,
indicating the remaining outstanding items of non-compliance. Ms. Hatch stated she also noted
dry weeds near the tire cells, and also expressed concern with two cells which were constructed
by creating berms around the existing surface piles, which is not in compliance with the Design and
Operations Plan. She displayed photographs of the site, and noted there are surface piles at the
entrance consisting of oversized tires. She also explained the pile located near the scale house
consists of tires which need to be de -rimmed, and that pile is expected to remain on a continuing
rotation basis, as long as it complies with the height of ten feet and a 30 -day holding limit. She
further stated the operator has been informed that some of the tires piled near the rim of the pits
need to be pushed further in, and she has also communicated the concern regarding the berming
around surface piles. Ms. Hatch stated, due to the drastic improvements made at the site, which
is close to completion and compliance, staff recommends an additional 30 -day continuance;
however, the Colorado Department of Public health and Environment is requesting a 60 -day
continuance to ensure the financial assurance is reviewed and accepted. In response to Chair
Garcia, Ms. Hatch stated there are some areas which are anticipated to have surface tires;
however, the location and types of tires needs to be designated and documented.
Responding to Commissioner Kirkmeyer, Troy Swain, Weld County Department of Public Health
and Environment, stated there are two piles along the east side of the site where half, or all of, the
containment area was built by building up soil, rather than placing tires in excavated pits. He
explained the Design and Operations Plan details how the pits are to be constructed, and any pits
not done in the specified manner should have been discussed with staff prior to commencing, since
it is staff's preference to have the tires placed in subsurface pits. He further stated three pits are
currently constructed and available for tire storage, and some of the bermed areas may need to
be abandoned. Responding further to Commissioner Kirkmeyer, Mr. Swain stated the berming
occurred during the past few weeks, and yesterday he noticed there were weeds in the fire lane
on the southeast corner of the facility. He further stated, he contacted the operator last week for
information on where the remaining surface tire storage areas will be located and what they will be
used for, which will help staff monitor the facility, and he noted currently there is no financial
assurance available for the facility. Mr. Swain stated the property looks much better than it has
since 2006, and the operator has done a lot of work; however, the facility remains out of
compliance. Responding to Chair Garcia, Mr. Swain stated a 30 -day continuance should be
sufficient.
In response to Commissioner Rademacher, Ms. Hatch confirmed, since the last hearing, the same
four basic violations remain outstanding.
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Donald Carroll, Department of Public Works, stated the facility continues to have adequate access
from County Road 41, which is a paved collector road, with an average daily traffic count of 1,100
vehicles, and the internal circulation and parking are adequate.
Charles Johnson, Colorado Department of Public Health and Environment, stated although the
facility is not in compliance, the acute issues of concern have been addressed, and the berms
isolate the tires from a spreading fire hazzard. He indicated the operator recently submitted a
Good Faith Financial Assurance mechanism, as well as a Certificate of Designation. He stated the
State needs to complete the review process, including an internal Department process to assign
the financial assurance from the Division Director to the Department as a whole, and obtaining
clarifying information regarding the volume calculation for the amount of soil used to cover the tires
and side slopes. Mr. Johnson noted that the Financial Assurance is significantly less than the
previous amount. He stated he supports the 60 -day continuance to ensure there is appropriate
partnering between the County and the State to ensure the process is done right to resolve this
lengthy process. In response to Commissioner Conway, Mr. Johnson stated the internal
administrative portion of the process is included within the request for a 60 -day continuance.
Responding to Commissioner Kirkmeyer, Mr. Johnson stated there is no penalty for lack of financial
assurance.
Dwain Immel, President of Tire Recycling, Inc., stated he has made a good faith effort to bring the
site into compliance. He stated all of the tires which were formally in surface storage are now in
open cells, the facility has extra storage capacity, and the berming on the east side was a result
of excavation of seven new pits, with an eighth to be completed by the end of March. He stated
the dirt from the excavated pits was piled along the eastern portion of the site due to the natural
contour of the property. He stated the dirt was piled 12 to 15 feet above grade and he decided to
push some of the tires up against the existing berms and then surround the remaining sides of the
pile with 6 feet of additional dirt. He stated it was an efficient use of time and dirt, and it also
provides for easy access to the tires with front-end loaders for future recycling activities. Mr. Immel
stated the goal is to convert the existing facility into a tire recycling facility, and he is in the process
of finalizing the purchase transaction. He explained the receiving and sorting process, and stated
approximately two to three semi -trailer loads are salvaged and re -sold in used tire retail stores, and
he works to keep the piles below 10 feet in height. Mr. Immel stated the second small staging area
measures approximately 50 by 75 feet, and is across the road to the south, where approximately
400 to 1,000 tires are removed from the rims and the rims are sent to a steel recycling center in
Denver. He stated the third area of temporary storage is by the office where they stack oversized
tires. He explained they recently developed a market for large tires which are reversed and sold
to ranchers as feed bunkers for livestock. He further stated the oversized tires that are not sold
will be some of the first used in the recycling process, and if they acquire more than 1,000 large
tires, they will be placed in one of the cells. Mr. Immel stated the pit planned for oversized storage
will be completed in approximately five days, and he hopes to start recycling before they reach the
need to be placed in the pit. Responding to Chair Garcia, Mr. Immel stated he had scheduled
certain days for clearing weeds; however, they were unable to complete the work due to sever wind
conditions, so he reassigned staff to move tires and have the cells bermed. He further stated the
weeds have been cleared, the tires along the rim have been pushed further into the pits, and
although the tires stored on the eastern portion of the property are bermed, they are segregated
and contained for fire control purposes. Responding to Commissioner Rademacher, Mr. Immel
stated the facility is still in bankruptcy proceedings; however, they are in the process of finalizing
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the Reorganization Plan. He stated he does not anticipate an imminent sale to a third party;
however, he has been negotiating with an off -site recycling facility which will result in reducing the
amount of product on the site and provide a new source revenue. He further stated the contract
does have an option to expand to four million tires by December. He indicated the Financial Plan
calls for re -payment of all creditors as a result of the tire recycling contracts that he is putting in
place. Responding to Commissioner Kirkmeyer, Ms. Hatch stated the Second Amended USR, as
approved and recorded, is for a Commercial Junkyard, Salvage Yard, Tire Landfill, Storage,
Shredding and Recycling Facility. The Third Amended USR, which has been approved by the
Board but not recorded, added Heavy Manufacturing for Cryogenic Processing of Crumb Rubber.
Mr. Immel stated due to a change in the market, it became apparent that the cryogenic recycling
facility was not economically feasible. He clarified the primary activity is to pursue recycling venues
which create rubber nuggets used for playgrounds and landscaping, etcetera. Responding further
to Commissioner Kirkmeyer, Mr. Swain stated Development Standard #22 indicates surface tires
were allowed to be stored for no more than 30 days. Ms. Hatch clarified the area in the front of the
site, which contains oversized tires, was not a designated area; however, the staging area for the
de -rimming process is on the plat. She stated Development Standard #19 does not address the
berming; the intent is that tires are supposed to be placed in subsurface pits and the height of
temporary piles was restricted to 10 feet.
Commissioner Kirkmeyer stated she appreciates the amount of time staff has spent, as well as the
efforts of the facility operator; however, she does not believe that berming is allowed, and the
language states the operator shall provide evidence of approval by staff to ensure the cells are
constructed in accordance with the Design and Operations Plan. She also expressed concern that
the operator's idea of compliance is not consistent with the Design and Operations Plan.
There being no further testimony, Chair Garcia closed public testimony. Commissioner Kirkmeyer
expressed concern with granting more time for the facility to continue bringing in more tires,
especially considering the fact that they are in bankruptcy and the facility has no financial
assurance. Responding to Commissioner Rademacher, Ms. Giauque stated the Board has the
option of continuing the matter, taking action based on the cited outstanding issues, suspending
activity, or revoking the permit. Chair Garcia stated at one of the prior hearings the Board
discussed issuing a Cease and Desist Order; however, it was determined that such action would
result in hampering the ability to generate the revenue needed to continue with the production of
cells. Commissioner Conway stated although the Show Cause process has been going on for a
long time, he believes that progress is being made, the operator is working with staff, and both
State and County staff support a continuance to finalize the process. He stated he does not see
harm in allowing an additional 30 to 60 days. Ms. Hatch agreed. Commissioner Kirkmeyer
commented she wants to ensure the facility is not going backwards by receiving more tires.
Commissioner Rademacher stated he believes this matter has been extended long enough, staff
has reported the same issues of non compliance, and despite the implications of closing the facility,
he is not willing to proceed with a continuance. In response to Chair Garcia, Mr. Swain stated if
the permit is revoked, at least the facility is in better shape now than it has been in the past. He
also explained if the facility is closed they will be allowed a certain period of time before the cells
must be covered, which will be the primary expense. If the facility remains open, the focus will be
on moving the existing tires into the cells.
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Mr. Johnson stated the Use by Special Review Permits and Certificate of Designation were issued
by Weld County, and he questioned whether a partial revocation would still allow more waste to be
accepted at the facility as a revenue source to pay contractors to complete the necessary work.
Responding to Commissioner Rademacher, Mr. Johnson stated the nearest tire recycling facility
is the Snowy River facility in the Town of Mead, which receives tires from out of state, and the
remaining alternate facilities are not as large as this one. Responding to Commissioner Kirkmeyer,
Mr. Johnson stated if the Use by Special Review Permit is revoked, he is not sure what happens
to the Certificate of Designation and the corresponding requirement for financial assurance.
Ms. Giauque encouraged the Board to consider that the Use by Special Review Permit does
provide the Board with more authority and oversight regarding the condition of the facility.
Mr. Johnson stated if a facility stops receiving waste, it has to be closed within 180 days, and the
Board will need to determine whether it is requiring a permanent or temporary closure.
Commissioner Long commented that although this has been an on -going process, he believes that
progress is being made, therefore, he supports a 60 -day continuance, due to the enormity of the
situation and the possible ramifications of closing the facility. Chair Garcia stated he has been
critical of continuances in the past; however, he is inclined to support a continuance to allow for
continued progress. In response to Commissioner Kirkmeyer, Chair Garcia agreed that the
construction of the eastern bermed areas is not in compliance with the Use by Special Review
Permit, and the operator will need to work with staff to resolve the situation. Ms. Hatch stated staff
will work with Mr. Immel to ensure the facility construction meets the approved design. Mr. Swain
stated there is a typical design which was approved in the Second Amended Use by Special
Review, and, although he is willing to review an alternate design, there are pits to move the existing
surface tires into during the next 60 days. Commissioner Kirkmeyer stated berming around surface
piles does not comply with Development Standard #19, and the location and design of the
temporary staging and stockpiling are not part of the approved design, therefore, she will be
looking to see if those issues have been resolved at the end of the 60 -day continuance.
Commissioner Long moved to continue the Show Cause Hearing concerning revocation of Second
Amended Use by Special Review Permit #842 for a Solid Waste Disposal Site and Facility
(commercial junkyard and salvage yard including tire landfill, storage and recycling facility) and a
Mobile Home for Housing in the 1-3 (Industrial) Zone District, and Third Amended Use by Special
Review Permit#842 for a Solid Waste Disposal Site and Facility (commercial junkyard and salvage
yard, including a tire landfill, storage, shredding, and recycling facility), Manufacturing/Processing
Facility (cryogenic processing/crumb rubber), and a Mobile Home for housing in the I-3 (Industrial)
Zone District, issued to Tire Recycling, Inc., to April 29, 2009, at 10:00 a.m., to allow the operator
additional time to bring the facility into compliance with the Conditions of Approval and
Development Standards cited in the notice. The motion was seconded by Commissioner Conway.
Commissioner Kirkmeyer stated she is going to vote in opposition to the motion as a means of
expressing to the operator that the Board is taking this matter very seriously and that their patience
is wearing very thin. Commissioner Conway stated the operator has avoided action of the Board
by the work that has been completed up to this point, and he cautioned Mr. Immel to not waste that
good will. He indicated that if the State had not spoken in favor of a continuance, or, if progress
had not been made at the site, the outcome would likely have been different. He also urged the
operator to work to achieve an outcome that will benefit the business and the public by use of this
facility.
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Upon a call for the vote, the motion carried, with Commissioners Rademacher and Kirkmeyer
opposed. There being no further discussion, the hearing was completed at 11:10 a.m.
This Certification was approved on the 2nd day of March, 2009.
APPROVED:
BOARD OF CO NTY COMMISSIONERS
WELD !/i .1V COLORADO
ATTEST: Lipid
Weld County Clerk to the
BY
Deput Clerk . the Board
ra Kirkmeyer
c
David E. Long
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